This chapter shall be known as the "Town of Dover Architectural
Design Review Law."
There is hereby created an Architectural Review Board (hereinafter
the "ARB"). The membership of this ARB shall be selected by the Town
Board. There shall be five positions on the ARB. The term of office
shall be three years, except that the initial appointees shall be
appointed to staggered terms of one, two, three, four and five years,
respectively. The Chairman of the ARB shall be selected by the Town
Board and shall serve at the pleasure of the Town Board. The ARB shall
have the power to approve, approve with conditions, or disapprove
the architectural plans and elevations submitted by an applicant in
accordance with this chapter. In issuing its decision, the ARB shall
provide a written explanation of the reasons for its approval, approval
with conditions, or disapproval. In the event that the Architectural
Review Board does not have a necessary quorum to hold a meeting, the
Planning Board shall have full authority and power to approve the
conditions, or the architectural plans and elevations submitted by
an applicant in accordance with this chapter.
This chapter shall be enforced by the Code Enforcement Officer or Building Inspector in the same manner, using the same procedures, enforcement mechanisms, and penalties as provided for zoning enforcement in Chapter
145 of the Town Code.
Any person or persons jointly or severally aggrieved by any decision of the ARB shall have the right to review said decision by a public hearing before the Zoning Board of Appeals. Such an appeal shall be taken within 60 days of filing the ARB's decision in the office of the Town Clerk, in the same manner as an appeal of a decision of an administrative official, as provided in §
145-59F of the Zoning Law. In the event the appeal is denied by the Zoning Board
of Appeals, the applicant may commence a proceeding under Article
78 of the Civil Practice Law and Rules, which proceeding must be commenced
within 30 days of the filing of such Zoning Board of Appeals decision
with the Town Clerk.