[HISTORY: Adopted by the Board of Trustees of the Village of Babylon 7-25-1977 by L.L. No. 3-1977 (Ch. 61 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 96.
Zoning — See Ch. 365.
For the purpose of promoting the health, safety and general welfare of the community, conserving and enhancing the appearance of the Village, especially in areas of existing or potential scenic value, of historical note, of architectural merit or of interest to the residents, and for the purpose of assisting property owners to maintain the appearance or architectural tone of their neighborhoods and preserve property values and for the purpose of eliminating blight, the Board of Trustees establishes procedures for an architectural review of all structures hereafter erected, reconstructed, altered or remodeled in the Residence O District, Residence M District, Marine Commercial District, Retail Business District and Industrial District as defined in Chapter 365, Zoning, of the Code of the Village of Babylon to encourage originality, resourcefulness and good qualities of exterior building design and good appearance in harmony with surrounding structures; to prevent such design and appearance as is offensive to visual sensibilities even when conforming to existing surrounding structures; to avoid monotonous similarity or striking discord in design, appearance and materials, and for the purpose of achieving an interesting and harmonious aesthetic appearance of all structures in the Village predicated upon sound principles of architectural design.
[Amended 11-28-1979 by L.L. No. 4-1979]
There is hereby created an Architectural Review Board consisting of five members. The Board of Trustees shall appoint the members for terms of three years and shall designate the Chairman. Each member shall receive such compensation as is provided by resolution of the Board of Trustees. The Board of Trustees shall make the initial appointments as follows: one member for a one-year term, one member for a two-year term and one member for a three-year term.[1] If any vacancy shall occur otherwise than by expiration of term, the Board of Trustees shall fill the vacancy for the unexpired term. The Board of Trustees shall have the power to remove any member for cause after hearing and to dissolve the entire Board. The Board, with the consent of the Board of Trustees, shall appoint a Secretary, who shall keep or cause to be kept in the office of the Village Clerk a record of all the meetings and proceedings of the Board. In the selection of the members of the Board, the Board of Trustees shall consider persons trained or experienced in architecture, land development, community planning, landscape architecture, engineering, building construction, conservation, environment or other relevant business or profession or persons interested in civic development and betterment. The Chairman of the Planning Board, the Building Inspector, the Village Engineer and such other persons as the Board of Trustees may designate shall be ex officio members of the Board and shall be subject to call by the Chairman. Such ex officio members shall not vote on any matter or proceeding before the Board and shall serve without remuneration.
[1]
Editor's Note: Local Law No. 4-1979, which increased the membership of the Board to five members, also provided that the Board of Trustees shall appoint the two new members for a term of three years, or such lesser term as it sees fit in order to coordinate the appointment of such terms with the terms of existing Board members to provide for proper transition.
The Architectural Review Board shall hold meetings at the call of the Chairman and at such other times as the Board shall determine, but a meeting shall be held within 14 days of the filing with the Building Inspector of any application which must be referred to the Board. A majority of the Board shall constitute a quorum for the transacting of business. The Board shall hold public hearings after five days' notice in the official newspaper of the Village and written notice to all property owners in the Village limits immediately adjacent to the lot line of the proposed structure, addition, alteration or remodeling. The Secretary of the Board shall keep a docket of applications submitted, identifying each application by a case number, and minutes of its proceedings, showing the vote of each member. All decisions of the Board approving or disapproving any application submitted to it shall be in writing, shall contain findings of fact and reasons for approval or disapproval and shall be filed in the office of the Village Clerk and a copy mailed to the applicant within 15 days after the decision. The decision of the Board and case number shall be endorsed on the building permit and certificate of occupancy for the premises. The Board, subject to the approval of the Board of Trustees, shall have the power to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedures and the transaction of its business.
A. 
Every application for a building permit for the construction, reconstruction, alteration or remodeling of any structure in the zoning districts stated in § 84-1 shall be referred to the Chairman of the Board by the Building Inspector or his agent within three days after the receipt of the application.
B. 
Applications for new construction in the zoning districts stated in § 84-1 must be accompanied by plans showing all architectural and engineering elevations of the proposed structure, and all affected elevations in the case of additions, alterations or remodeling, details and elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, lightposts, parking areas, fences, service and loading areas, and such other information as the Board may require. When required by the Building Inspector or by the Board, a site plan shall be submitted with the application showing both existing and proposed contours at five-foot intervals, all existing trees with a trunk diameter of 24 inches or more at a point three feet above ground level and indicating such trees as shall remain or be removed and/or topographical features.
C. 
All applications submitted pursuant to this chapter shall be accompanied by such fee as the Board of Trustees, by resolution adopted from time to time, may prescribe. The fee shall include the cost of advertising the public hearing, if required, on the application.
A. 
In considering an application, the Board shall take into account natural textures of the site and surroundings, exterior design and appearance of existing structures, the character of the district and its peculiar suitability for particular purposes with a view to conserving the values of property and encouraging the most appropriate use of land.
B. 
The Board may disapprove any application upon finding that the building or structure, if erected or altered in accordance with the submitted plan, may:
(1) 
Not be in harmony with the intent and purpose of this chapter;
(2) 
Be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or visual discord in relation to the site, its surroundings or adjacent buildings;
(3) 
Mar the appearance of the area;
(4) 
Impair the use, enjoyment and desirability and the values of properties in the area;
(5) 
Prevent the most appropriate development and utilization of the site or of adjacent lands; or
(6) 
Affect adversely the appearance, aesthetics, economic stability, prosperity, health, safety or general welfare of the community.
C. 
In considering any application, the Board may recommend to the Planning Board or the Board of Appeals for consideration in their decisions such appropriate safeguards consistent with the intent of this chapter, including but not limited to screening, planting, fencing or other method of keeping from view obviously unsightly features of such buildings or structures.
D. 
Every applicant shall be afforded the opportunity to confer with and review with the Board any changes in the plans suggested by the Board or submit alternate plans and proposals, in such cases where the Board finds that the building or structure for which the permit is requested would, if erected, altered or remodeled, be inconsistent with the intent of this chapter by reason of:
(1) 
Striking offensive dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street, or a corner thereof, or the perpetration of visually offensive architecture in existing structures in said area in respect to one or more of the following features of exterior design and appearance:
(a) 
Facade, including color.
(b) 
Size and arrangement of doors, windows, porticos or other openings, breaks or extensions in the facade.
(c) 
Cubical content and gross floor area.
(d) 
Other significant design features, such as but not limited to heights, widths and lengths of elements of design, poor orientation, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, lightposts, parking areas and fences, service and loading areas.
(2) 
Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, consideration of the harmony or discord of colors, or incompatibility of the proposed building or structure with the terrain on which it is to be located, including but not limited to excessive divergences of the heights of levels of any part of the structure from the grade of the terrain.
E. 
In considering the application to erect, alter or remodel any gasoline service station, or any application of a renewal of a permit to continue the use of an existing gasoline service station, the Board may recommend to the Planning Board or Board of Appeals such limitations on the exterior colors and materials, signs, lighting and other features as it deems advisable to carry out the purposes of this chapter.
The Board shall advise with respect to any matters that the Board of Trustees, the Board of Appeals or the Planning Board may refer to it for advisory comment and opinion. A developer, builder, owner or lessee may submit to the Board informally at any time plans and proposals for comment, advice and suggestions.
A. 
If the Board disapproves an application for a building permit, the Building Inspector shall not issue any permit thereunder.
B. 
If the Board fails to act within 30 days after an application for a building permit shall have been submitted to it under § 84-4, the application shall be deemed approved unless the applicant shall have agreed with the Board for an extension of time.
C. 
Any disapproval shall be in writing, contain finding of facts and reasons for disapproval and shall be mailed to the applicant within 15 days of the date of the decision.
When the Board shall disapprove an application for a building permit, the applicant shall have an opportunity, within 15 days after notice of the decision disapproving the application, upon prior written agreement with the Board, to appear before the Board to answer the findings by the submission of formal proof, other data and alternative plans. Any applicant jointly or severally aggrieved by the decision of the Architectural Review Board, after a hearing or rehearing, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules by law for the enforcement of or punishment of violations of the provisions of this chapter.
[Added 11-30-1981 by L.L. No. 22-1981]
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.