[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 9-10-1956. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Village of Ardsley Board of Architectural Review Ordinance."
The Board of Trustees of the Village of Ardsley
finds that certain undesirable effects may arise from an extreme design
of buildings. Excessive uniformity of nearby structures and excessive
incongruity of a building in proximity with more typical buildings
may adversely affect the desirability of a neighborhood by reason
of comfort, general welfare of the inhabitants and stability of assessed
valuation; and, further, it may so depreciate the immediate vicinity
that a disproportion exists between the taxes and the costs of municipal
services.
The purpose of this chapter is to promote and
protect the health, safety, comfort and general welfare of the community
by preventing excessive uniformity and excessive incongruity of design
of buildings in proximity with more typical buildings, to encourage
the most appropriate use of the land, to promote the public prosperity
and to conserve the value of buildings and property.
A.
The Mayor, with the approval of a majority of the
Board of Trustees, shall appoint five resident voters of the Village
of Ardsley, three of whom shall have degrees or otherwise be qualified
by training or experience in one of the following: architecture, engineering
or art. The remaining two members shall possess attributes which,
in the opinion of the Board of Trustees, qualify them for appointment.
In addition to the foregoing five regular members, the Mayor, with
the approval of the majority of the Board of Trustees, shall appoint
two alternate members of the Board of Architectural Review. These
alternate members all serve in those instances when a regularly appointed
member is unable or incapable of hearing and deliberating on an application.
Alternate members shall possess the same status and rights as all
regularly appointed members, receive notices of all meetings and be
required to attend and participate upon the request of the Chairman.
[Amended 6-6-88 by L.L. No.
3-1988]
B.
The original term of office shall be one member for
one year, two members for two years and two members for three years.
Subsequent appointments shall run for three years. Vacancies shall
be filed by the Board of Trustees within 90 days for the duration
of the unexpired term.
C.
Meetings of the Board of Architectural Review shall
be held twice each month or less if there are no applications before
the Board.
D.
The Chairman shall be designated by the Mayor and
approved by the Board of Trustees. The Board of Architectural Review
shall appoint one of its members as Secretary.
E.
All plans for which a building permit is sought shall
be brought before the Board of Architectural Review for its consideration.
A.
The Board of Architectural Review shall render decisions
with a majority vote of not less than three votes. A quorum shall
be three members.
B.
The Board of Architectural Review shall keep accurate
minutes or summaries of all its proceedings.
D.
The Board of Architectural Review shall examine all
plans submitted to the Building Department relating to the apparent
external structure and shall approve or disapprove such plans and
may make recommendations to the applicant. Disapproval shall be based
upon excessive uniformity to nearby structures and excessive incongruity
with respect to buildings in proximity, when such characteristics
will, in the opinion of the Board of Architectural Review, adversely
affect the comfort and general welfare of the nearby inhabitants,
the stability of assessed valuation of nearby buildings and cause
a disproportion to exist between taxes and municipal services.
[Amended 12-19-1988 by L.L. No. 7-1988]
E.
The effect of a Board of Architectural Review approval
shall be permissive upon the Building Inspector insofar as the Board
of Architectural Review is legally constituted and authorized. The
effect of a Board of Architectural Review disapproval shall be to
prohibit the Building Inspector from issuing a permit.
F.
Prior to any such decision, the Board of Architectural
Review shall afford reasonable opportunity to the applicant to confer
with said Board upon the status of his application and the nature
of any corrective measures or improvements in design deemed to be
essential to secure the approval of said Board.
G.
Any person aggrieved by an action of the Board of
Architectural Review shall have the right to appeal said action to
the Zoning Board of Appeals by written notice signed by the appellant
or by his or her legal representative. Said notice of appeal shall
be personally delivered or mailed by ordinary mail to the Village
Clerk not later than the 20th day next following the date of the meeting
at which said action was taken. Within 20 days from and after receipt
by the Village Clerk of said notice of appeal, the Board of Architectural
Review shall make written findings of face upon which its action was
based, shall mail a copy thereof to the applicant and any other appellant
in the matter above-provided and shall file a copy thereof with the
Village Clerk. Upon receipt, the Village Clerk shall forward a copy
of said appeal and decision to the Zoning Board of Appeals. The Zoning
Board of Appeals shall consider the appeal at the next regularly scheduled
public meeting following the mailing and filing of said findings of
fact and shall promptly render its decision affirming, modifying or
reversing the action of the Board of Architectural Review. Notice
of the hearing of said appeal shall be published in the official newspaper
of the Village at least 10 days before the date of said hearing. In
addition, at least 10 days' notice of the hearing, excluding the date
of mailing and including the day of the hearing, shall be sent by
registered or certified mail by the appellant to the owners of record
of all land, any portion of which is within 200 feet of any portion
of the affected land, and a sworn and notarized certificate or affidavit
of compliance with this subsection, listing the names and addresses
of the persons to whom such notice was so mailed and the date of mailing
and setting forth a copy of the notice mailed, shall be submitted
to the Zoning Board of Appeals at least five days prior to the hearing.
The costs of mailings required hereunder shall be paid the applicant,
and the costs of newspaper publication shall be paid by the Village.
Upon said appeal, the applicant or any other appellant, the Board
of Architectural Review and other persons concerned shall have the
right to be heard in person or by a representative and to present
written statements, arguments and other pertinent material.
[Amended 6-18-1990 by L.L. No. 8-1990]
The Board of Architectural Review shall from
time to time meet with the Planning Board of the Village of Ardsley
with intent to coordinate the activities of these two bodies.[1]
[1]
Editor's Note: Former § 4-8, Penalties,
which immediately followed this section, was deleted 12-19-1988 by
L.L. No. 7-1988.
