Building constructions and fire prevention — See Ch. 56.
Condominium conversions — See Ch. 68.
Subdivision of land — See Ch. 150.
Zoning — See Ch. 175.
ARTICLE IArchitectural and Community Appearance Review Board (§ 48-1 — § 48-14)
§ 48-1Findings and purpose.
§ 48-2Definitions.
§ 48-3Board created; membership qualifications; terms; vacancies.
§ 48-4Meetings; quorum; reports.
§ 48-5Applications.
§ 48-6Fees.
§ 48-7Criteria for recommendations.
§ 48-8Scope of review; guidelines.
§ 48-9Right of review.
§ 48-10Construal.
§ 48-11Penalties for offenses.
§ 48-12Meetings.
§ 48-13Submittal of plans to Planning Board.
§ 48-14Incorporation of zoning regulations.
The Board of Trustees hereby finds that inappropriateness or poor quality of design in the exterior appearance of buildings or land developments adversely affects the desirability of the immediate area and neighboring areas and by so doing impairs the stability and value of both improved and unimproved real property in such areas, retards the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants thereof and creates an improper relationship between the taxable value of real property in such areas and the cost 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 and thus to promote and protect the health, safety and general welfare of the community.
Unless the context specifically indicates otherwise, the meanings of the terms used in this Article shall be as follows:
- BOARD OF REVIEW
- The Architectural and Community Appearance Board of Review.
- BOARD OF TRUSTEES
- The Board of Trustees of the Village of Washingtonville, New York.
- SIGN
- Any kind of permanent billboard, signboard, pennant or other shape or device or display used as an advertisement, announcement or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.
- VILLAGE
- The Village of Washingtonville, New York.
There is hereby created an Architectural and Community Appearance Board of Review, which shall consist of five members who shall serve without compensation. All members of said Board shall be residents of the village and shall be specially qualified by reason of training or experience in architecture, land development, municipal planning, real estate, landscape architecture or other relevant business or profession or by reason of civic interest and sound judgment to judge the effects of a proposed building or land development upon the desirability, property values and development of surrounding areas. If available, at least one member of said Board of Review shall be a registered architect in the State of New York. The Chairman and the Secretary of said Board of Review shall be designated by the member of the Board of Trustees annually. The term of office of each member shall be three years, except that the initial appointment of one member shall be for one year, of two members for two years and of two members for three years. The Board of Trustees shall have the power to remove any member for cause. Vacancies shall be filled by the Board of Trustees for the unexpired term of any member whose place has become vacant.
Regularly scheduled meetings of the Board of Review shall be held monthly and at such other times as the Chairman may designate. A majority of said Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings. Any report, recommendation or decision made by the Board of Review must have the approval of the majority of the Board and shall be officially filed with the Village Clerk, and the referring agency shall provide a full set of plans and accompanying data to the Board of Review for its use and permanent file. The applicant may be requested to appear to review with the Board any submission to it. The referring agency shall not finally approve any application unless the Board shall first approve said application or unless the Board shall not file its decision within 30 days of the meeting at which it was considered, in which case the application shall be deemed to be approved. In addition to all other fees required by local laws or ordinances to be paid in connection with the application, every applicant shall also reimburse the village for the actual cost of the stenographic minutes in connection with the application. No certificate of occupancy shall be issued unless such charge is paid.
The following applications shall be referred to the Board of Review within seven days of the submission of the application, provided that it conforms in all respects to all other applicable laws and ordinances:
Every application for a building permit for the construction, reconstruction or alteration of any structure in excess of 1,000 cubic feet or cubical contents proposed for construction.
Every application for a building permit to alter either the color or style of a building facade or to erect a sign.
Every application for the development or subdivision of land.
Color of buildings.
Every person who wishes to significantly change or alter the color of a building in the village shall apply to the Board of Review for permission. The Board shall then issue a decision and approval in accordance with this Article.
No person shall significantly change or alter the color of a building in the village without obtaining an approval from the Board of Review.
This Article shall not apply to an application for a single- or two-family residence or residential accessory structure on individual property. However, the Building Inspector, in his discretion, may refer such an application to the Board of Review if it appears, in the light of the standards set forth in § 48-7, that there is a need for such referral.
Each appearance shall be subject to a nonreturnable fee, payable upon submission of application or request for further hearing or at least five days prior to the second or subsequent hearing required by the Board. Said fee shall be as prescribed in the schedule of fees adopted by resolution of the Board of Trustees to cover all review costs, including but not limited to filing fees, engineering fees, legal fees, planning fees and hearing notice fees.
All reimbursable fees shall be paid within 30 days after receipt of the initial bill notice. No certificate of occupancy shall be issued until all fees are paid. Where an application is abandoned or not completed and the fees remain unpaid at the end of said period, such item shall be forwarded to the Village Attorney by the Village Clerk for collection, subject to the approval of the Board of Trustees.
The Board shall base its recommendations on the following criteria:
The appropriateness of a structure or land development in relation to any other structure or land development existing or for which a permit has been issued or to any other structure or land development included in the same application with respect to one or more of the following features:
Cubical contents.
Gross floor area.
Height of building or height of roof.
Other significant design or aesthetic features such as material or quality of architectural design, roof structures, chimneys, exposed mechanical equipment and service, service and storage enclosures, signs, building and materials, landscaping, retaining walls, parking areas, service and loading docks, dividing walls, fences, lighting posts and standards, provided that a finding of inappropriateness existed to provoke beyond reasonable doubt one or more of the harmful effects set forth in § 48-1.
The appropriateness of a proposed project in relation to other building facades or structures. In areas where there is repeated and adjacent use of identical or nearly identical facades or structures, the Board of Review shall approve only those proposals which promote a sense of unity, harmony and integration to the entire area.
The scope of review and comment will be architectural design, color selections and materials. A list of recommended colors and samples will be established as a guide for the applicant. Comments and/or objections by the applicant should be considered as long as they conform to the local environs. It is not the intent of this Board to design but rather act as an advisory board to ensure the visual and historic integrity of the village.
It is important to recognize that guidelines cannot cover all possible proposals, but beneficial results will be achieved only through cooperation of the property owner and the Board. It is the intent of this Board to ensure visual improvements along with ensuring and protection of existing property values.
Any persons jointly or severally aggrieved by any decision of the Board of Review shall have the right to review said decision by a public hearing before the Zoning Board of Appeals and by a proceeding under Article 78 of the Civil Practice Law and Rules, which proceedings must be commenced within 30 days of the filing of such decision with the Village Clerk.
This Article shall be read in a manner which is consistent and in conformity with all prior village local laws and ordinances.
Any violation of this Article shall be punishable, upon conviction, by a maximum fine of $250 or imprisonment for not more than 15 days, or both.
The Board will meet in conjunction with the Planning Board at all public notice scheduled hearings to review all submitted plans for architectural comment. Additional meetings of the Board may be scheduled for workshop purposes.
After review comment and/or suggested changes, plans will be submitted to the Planning Board for submission as an integral part of the site plan approval. If a conflict arises between the two Boards, a final determination will be made by the Village Board.
In addition to site plan review, those sections of the zoning regulations pertaining to the Architectural Review Board are included as Board functions.
