[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 1-14-2021 by L.L. No. 1-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. A314,
Architectural Review Board Rules, adopted 8-12-2008 by L.L. No. 6-2008,
as amended.
A.
The Architectural Review Board of the Village of Woodbury shall be
governed by the provisions of all applicable state statutes, local
laws, ordinances and these rules.
B.
The term "Board" as used in these rules shall mean the duly appointed
Architectural Review Board of the Village of Woodbury.
C.
The term "neighborhood" as used in these rules shall be the subdivision
of land that includes that property that is the subject of the application,
the surrounding area, and neighboring developments.
D.
The Board shall become familiar with all the duly enacted ordinances
and laws of the Village under which it may be expected to act as well
as with the applicable state statutes.
The officers of the Board shall consist of a Chairperson and
an Acting Chairperson as follows:
A.
Chairperson. The Chairperson shall be designated by the Village Board.
The Chairperson shall perform all duties required by law, ordinance
and these rules, shall preside at all meetings of the Board, and shall
decide on all points of order and procedure, subject to these rules,
unless directed otherwise by a majority of the Board. The Chairperson's
signature shall be the official signature of the Board and shall appear
on all decisions as directed by the Board, unless that duty is delegated
to others owing to the Chairperson's unavailability to timely sign
a decision or his/her absence or recusal from the deliberations or
significant part thereof.
[Amended 10-28-2021 by L.L. No. 12-2021]
B.
Acting Chairperson. An Acting Chairperson shall be appointed to serve
in the absence of the Chairperson, and shall have all the powers of
the Chairperson during absence, disability or disqualification.
A.
Should any vacancy on the Board occur for any reason, the Secretary
shall give immediate notice thereof to the Village Clerk.
B.
Should such a vacancy occur, the Board shall immediately submit its
recommendations, if any, for new appointments to the Mayor.
[Amended 10-28-2021 by L.L. No. 12-2021]
C.
Should the office of Chairperson become vacant, the Secretary shall
notify the Village Clerk, and the Acting Chairperson shall handle
the duties of the Chairperson until such time as the Mayor, subject
to the approval of the Village Board, shall appoint a new Chairperson.
[Amended 10-28-2021 by L.L. No. 12-2021]
A.
Regular meetings. The regular meetings of the Board shall be held
as needed and coordinated to coincide to meet at the same time as
the Planning Board meetings on the first and third Wednesdays of each
month at 7:30 p.m. in the Woodbury Village Hall, Highland Mills, New
York, or as otherwise set by motion of the Board.
B.
(Reserved)
C.
Special meetings.
(1)
Special meetings of the Board may be called by the Chairperson in
accordance with New York State law.
(2)
The Chairperson shall call a special meeting within 10 days of receipt
of a written request from any three members of the Board, which request
shall specify the matters to be considered at such special meeting.
[Amended 10-28-2021 by L.L. No. 12-2021]
A.
A quorum shall consist of a majority of the members of the Board.
B.
No hearing or meeting of the Board shall be held nor any action taken
in the absence of a quorum; however, a majority of those members present
shall be entitled to request the Chairperson to call a special meeting
for a subsequent date. All subsequent hearings shall be readvertised
in accordance with the requirements of the applicable law.
C.
Decisions on any matter before the Board shall require the affirmative
vote of a majority of the entire Board, regardless of absences, vacancies
or recusals.
D.
No member of the Board shall vote on any matter requiring a public
hearing unless such member has attended the public hearing thereon.
However, where such member has familiarized themselves with such matter
by reading the record, they shall be qualified to vote.
[Amended 10-28-2021 by L.L. No. 12-2021]
A.
Filing of applications.
(1)
All applicants shall file an application with the Building Department.
Such application shall be made on the form provided for that purpose.
The Building Department shall be responsible for providing any applicant
with the proper forms and for instructing the parties concerned on
the proper manner for completing and filing said forms. All information
required thereon shall be complete before an application is considered
filed.
(2)
There shall be furnished to the Building Department 15 copies of
the application, plans and specifications containing the required
information and data at least 10 days prior to the scheduled hearing.
No hearing shall be scheduled unless the above papers are furnished
to the Building Department, unless otherwise authorized by the Board.
If a completed record is not so furnished within the time prescribed
herein, then the Chairperson may refuse to list the application on
an agenda until the application is completed.
(3)
Upon receipt thereof, the Building Department shall distribute the
application, plans and specifications to the Board members and consultants
of the Board.
B.
Site inspection. Prior to a proposed hearing, the Board members shall,
if necessary, arrange to visit the site in order to physically acclimate
themselves with the situation.
C.
Supporting papers. The application shall be supported by the following:
(1)
A plot or plan for each lot, with the location of house and driveway
shown. The plot plan shall include dimensions to property lines and
a bulk table confirming compliance with the requirements of the Zoning
District in which the property resides, including coverage, which
shall be certified by the applicant or the applicant's consultant.
[Amended 10-12-2023 by L.L. No. 14-2023]
(2)
The front, rear and both side elevations of the proposed building
showing existing grade lines at the foundation walls and proposed
finished grades. Exterior materials and colors must be indicated on
the elevations. All grades shall be indicated by reference to the
average street grade in front of the lot, unless elevations are shown
on the subdivision map, in which case the grade shall be referenced
to such elevations.
(3)
If applicable, the copy of the preliminary or final subdivision map
with five-foot contours, including the plot for which the application
is made and the street giving access thereto. Each paper shall be
drawn in ink or be a photocopy, shall show the name and address of
the developer or owner, section, block and lot number, be dated and
include space for indication of approval or disapproval by the Board.
(4)
An artist's rendering or photograph of the structure to be constructed
on a given lot, required at the discretion of the Board.
(6)
Any other information deemed necessary for the Board to make an appropriate
determination on the application.
(7)
Information on comparison homes/buildings within 300 feet, where
possible, of the applicant's property lines, including photos,
gross floor area, and footprint. A table listing the proposed gross
floor area and footprint of the subject property and the comparison
homes/buildings should be provided with the application.
[Added 10-12-2023 by L.L.
No. 14-2023]
D.
Waivers. The Board may waive or allow deferred submission of some of the information required in Subsection C above, as it deems appropriate.
E.
Notice to applicant. The applicant shall be notified by the Building
Department of any failure to complete the application properly.
F.
Final renderings. When the ARB conditionally approves an application
and all of the resolution requirements are completed, the final renderings
and application documents shall be signed by the Chairperson. Should
the Chairperson determine that he or she will digitally sign the documents,
the applicant will be provided a copy of the digitally signed plans,
and then submit to the Building Department the required number of
copies of said plans.
[Added 10-12-2023 by L.L.
No. 14-2023]
[Amended 10-28-2021 by L.L. No. 12-2021]
A.
No decision by the Board to approve or deny an application shall
be made until after either a public hearing has been held or the Board
has waived the public hearing upon a determination that there is no
apparent significant impact to the surrounding neighbors or neighborhood,
given the mass and/or architectural features of the proposed project
and that a public hearing is not necessary in the public interest.
B.
Notice.
(1)
Notice of all hearings shall be given at least five days prior to
the date thereof by publication in the official Village newspaper.
Such notices of the hearings shall be mailed to all parties and all
adjacent property owners within 300 feet of each boundary line of
the subject property.
(2)
Such notice shall state the location of the building or lot and the
date, time and place of the hearing.
C.
Proceedings. The order of business at a hearing shall be as follows,
or as determined by the Chairperson:
(1)
The Chairperson shall read the relevant parts of the public notice,
and may make reference to any correspondence or reports received thereon.
(2)
The applicant shall present a description of the application and
set forth any rationale and support for the application.
(3)
Those in favor or opposed may present their arguments.
(4)
If necessary, adjournment of the hearing, or closing of the public
hearing.
D.
General rules. Any party may appear in person or by agent or by attorney
or, where property is under contract, by the contract vendee.
A.
Time limit. The Board shall render its decision within 62 days of
the close of the public hearing, provided it has sufficient information
from the applicant or others to do so. If a public hearing is waived,
the written decision shall be rendered within 62 days of the granting
of such waiver.
[Amended 10-28-2021 by L.L. No. 12-2021]
B.
Form. The final decision by the Board shall be made either by written order or contained within the Board's minutes pertaining to a specific application. Such decision shall state the findings of fact which were the basis for the Board's determination. The decision shall also state any conditions necessary to fulfill the purpose of Chapter 8, establishing an Architectural Review Board.
C.
In approving or disapproving plans and specifications for a building
or alteration, the Architectural Review Board shall consider the purposes
above stated to promote architectural beauty and harmony of building
design; to prevent the monotony of residential housing and to prevent
buildings from being improperly designed and located in relation to
land contours, lot lines and street lines.
D.
Filing. Minutes and decisions of the Board shall be filed as soon
as practical after each meeting in the office of the Village Clerk
and shall be a public record.
E.
Notice. Copies of the decision shall be forwarded to the applicant
by the Building Department.
F.
Certification. A copy of the Board's decision, including all terms
and conditions, shall be transmitted to the Code Enforcement Officer,
and he shall fully incorporate such terms and conditions of the same
in the building permit to be issued to the applicant for such building
or alteration.
G.
Expiration of ARB approval. Final ARB approval shall expire 18 months
from the date it is granted (i.e., when the plans/ARB materials have
been signed by the Chairperson) unless the applicant shall secure
a building permit, site work permit and/or begin on-site work. The
ARB may extend ARB approval for one additional period of one year
if such extension is warranted by the particular circumstances. If
on-site work ceases for a period of more than six months, then the
applicant shall be required to secure a renewal of the ARB approval
from the ARB. In the event that final ARB approval expires, then the
applicant shall be required to file a new application. If a governmental
agency has imposed a moratorium that prevents the developer from either
starting construction or continuing construction on the project, then
the year or that portion of the year remaining as required by this
section shall be suspended until the moratorium is removed.
[Added 10-12-2023 by L.L.
No. 14-2023]
In case of approval by the Architectural Review Board, the Code
Enforcement Officer shall not issue a certificate of occupancy upon
completion of the building or alteration unless he finds that such
building or alteration is completed in conformance with the plans
and specifications approved by the Architectural Review Board.
[Amended 10-28-2021 by L.L. No. 12-2021]
Time limit. Where an applicant disagrees with a decision rendered by the Board, he or she must file an application with the Village Zoning Board of Appeals for a review of the decision within 60 days after the decision has been filed pursuant to § A314-9D of these regulations or forfeit any rights to challenge said decision. The Zoning Board of Appeals shall not review the appeal de novo but shall determine whether or not the Architectural Review Board acted in an arbitrary and capricious manner in making its decision. If the Zoning Board of Appeals determines that the Architectural Review Board acted rationally and not in an arbitrary and capricious manner, its decision will be upheld.
A.
Adoption. Upon adoption of these rules by the Board, the Secretary
shall file a copy of these rules with the Village Clerk, and they
shall be a public record.
B.
Amendment. These rules may be amended by an affirmative vote by a
majority vote of a quorum of the Board, provided that such amendment
be presented in written form at a regular or special meeting preceding
the meeting at which the vote is taken.
