[HISTORY: Adopted by the Board of Trustees of the Village of Warwick 5-14-1984
as Local Law No. 2, 1984.[1] Amendments noted where applicable.]
The Village Board hereby finds that poor quality of design, excessive
uniformity and dissimilarity of buildings and land developments adversely
affects the desirability of the immediate area and neighboring areas for residential
and business purposes or other purposes and, by so doing, impairs the stability
and value of both improved and unimproved real property in such areas, prevents
the most appropriate development and use of such areas, produces degeneration
of property in such areas with attendant deterioration of conditions affecting
the health, safety and general welfare of the community and creates an improper
relationship between the taxable value of real property in such areas and
the costs of municipal services provided therefor. It is the purpose of this
chapter to prevent these and other harmful effects of such exterior appearance
of buildings and land developments erected or altered in any neighborhood
and thus to promote and protect the health, safety, morals and general welfare
of the community, conserve the value of buildings and encourage the most appropriate
use of land within the Village.
There is hereby created an Architectural Review Board which shall consist
of five members who shall serve with no compensation. All members of the Board
shall be specifically qualified by reason of training or experience in art
and architecture, or a relevent business or profession, to judge the effects
of a proposed building or land development upon the desirability, property
values and development of surrounding areas. At least one member of such Board
shall be a registered architect in the State of New York. The members of the
Architectural Review Board shall be appointed by the Village Board, which
shall designate a Chairman thereof. The term of office of each member shall
be three years, except that the initial appointments of one member shall be
for one year, of two members for two years and of two members for three years.
The Village Board shall have the power to remove any member for cause. Vacancies
shall be filled by the Village Board for the unexpired term of any member
whose place has become vacant.
Meetings of the Architectural Review Board shall be held monthly and at such other times as the Chairman may designated. A majority of said Board shall constitute a quorum for the transaction of business. The Architectural Review Board shall keep minutes of its proceedings. All reports, recommendations or decisions made by the Architectural Review Board must have the approval of the majority of the Board and shall be officially filed with the Village Clerk. All meetings of such Board shall be open to the public. Applicants to the Architectural Review Board shall provide a full set of plans and accompaning data for its use and permanent file. The applicant shall not take action prior to receiving a decision from the Architectural Review Board. The Architectural Review Board must take action within 15 days of the date of any application referred to the Board as required in § 5-4. The applicant may be requested to appear to review with the Architectural Review Board any submission to it. The Architectural Review Board shall have the power, from time to time, to adopt, amend and repeal rules and regulations not inconsistent with this chapter.
The Building Inspector shall promptly refer every application for development or subdivision of land and all commercial, industrial and recreational structures filed with the Village Planning Board or Building Inspector's office. The applications shall be referred to the Architectural Review Board within seven days, provided that it conforms in all respects to all other applicable laws and ordinances. This chapter shall not apply to an application for a one-family residence or residential accessory structure on individual property, except that the Building Inspector, in his discretion, may refer such an application to the Architectural Review Board if it appears, in the light of standards set forth in § 5-5, that there is a need for such referral. The Architectural Review Board may disapprove any application referred to it, provided that such disapproval shall be by a unanimous vote.
The Architectural Review Board shall base its recommendations on the following criteria. No building or structure or land development shall be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects set forth in § 5-1 by reason of:
A.
Excessive similarity to any other structure existing
or for which a permit has been issued or to any other structure included in
the same permit application facing upon the same or intersecting street and
within 500 feet of the proposed site as measured along center lines of streets
in respect to one or more of the following features of exterior design and
appearance:
(1)
Apparently identical front or side elevations.
(2)
Substantially identical size and agreement of either
doors, windows, porticos or other openings or breaks in the elevation facing
the street, including reverse embankment.
(3)
Other significant identical features of design, such as but not limited to material, roofline and height or other elements, provided that a finding of excessive similarity shall state not only that such excessive similarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 5-1.
B.
Excessive dissimilarity in relation to any other structures
existing or for which a permit has been issued or to any other structures
included in the same permit application facing upon the same or intersecting
street and within 500 feet of the proposed site as measured along center lines
of streets in respect to one or more of the following features:
(1)
Cubical contents.
(2)
Gross floor area.
(3)
Height of building or height of roof.
(4)
Other significant design features, such as materials or quality of architectural design, roof structures, chimneys, exposed mechanical equipment and service, service and storage enclosures, signs, landscaping, retaining walls, fences and lighting posts and standards, provided that a finding of inappropriateness exists, but not only that such inappropriateness exists but further that it is of such nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in § 5-1.
The Architectural Review Board shall consult with and advise the Village
Planning Board with respect to any site plan on which it is required to pass
under the provisions of this chapter. The Planning Board will make the final
recommendation on every application presented to the Architectural Review
Board.
