The municipal legislative body finds that excessive
uniformity, dissimilarity, inappropriateness or poor quality of the
design and location of buildings and appurtenant structures, including
signs, adversely affects the desirability of the immediate and neighboring
areas and thereby impairs the benefits of occupancy of existing property
and the stability and value of both improved and unimproved real property
in such areas, prevents the most appropriate development of such areas,
produces degeneration of property and destroys the proper relationship
between the taxable value of real property in such areas and the cost
of municipal services provided therefor. It is the intent of this
Article to establish procedures and design criteria necessary to avoid
such results and to preserve and enhance the character, historical
interest, beauty and general welfare of the municipality and to ensure
that the location and design of buildings, structures and open spaces
in the municipality shall aid in creating a balanced and harmonious
composition of the whole as well as in the relationship of its several
parts.
[Amended 12-9-1983 by L.L. No. 12-1983; 6-20-1989 by L.L. No. 8-1989]
A.Â
The Board of Architectural Review and Historic Preservation
is hereby created to replace the Board of Architectural Review. The
Board shall consist of five Village residents who shall serve for
three-year terms. Members of the Board of Architectural Review presently
serving as such may be appointed to the Board of Architectural Review
and Historic Preservation for the time remaining in their present
terms. Initial appointments to the Board shall be made for terms so
that one member shall serve for three years; two members shall serve
for two years; and two members shall serve for one year.
B.Â
The municipal legislative body may remove any member
for cause after a public hearing.
C.Â
If a vacancy shall occur otherwise than by expiration
of a member's term, it shall be filled by an interim appointment for
the remainder of the former member's unexpired term.
D.Â
The Village Board shall designate the Chairperson and Vice Chairperson
of the Board of Architectural Review and Historic Preservation. Such
designation shall be for one official year of the Village and shall
expire at the end of each official year. During the absence, disability
or disqualification of the Chairperson, the Vice Chairperson shall
perform all the duties, exercise the powers and be subject to all
of the responsibilities of the Chairperson. The designation of Chairperson
and Vice Chairperson may be withdrawn at the pleasure of the Village
Board. The duties of the Chairperson shall be as follows:
[Amended 9-13-2018 by L.L. No. 9-2018]
(1)Â
To preside at all meetings.
(2)Â
To postpone meetings due to inclement weather and to call special
meetings.
(3)Â
To sign, together with the administrative support personnel of the
Village Clerk or Building Department, all official documents of the
Board of Architectural Review and Historic Preservation.
(4)Â
To see that all reports, documents, and actions of the Board of Architectural
Review and Historic Preservation are properly made, executed, filed
or taken, as the case may be, in accordance with law and regulations
of the Board of Architectural Review and Historic Preservation.
(5)Â
To serve as liaison to the Village Board and other boards of the
Village.
E.Â
The Board shall adopt rules of procedure as it may
deem necessary to the proper exercise of its responsibilities.
F.Â
All meetings of the Board shall be open to the public.
G.Â
Every decision of the Board shall be by resolution
approved by no fewer than three members and shall contain a full record
of the findings of the Board in the particular case. A quorum shall
consist of three members.
H.Â
The Board may officially designate a registered architect
to advise and take part in its deliberations, but without a vote,
unless a registered architect is a member of the Board. The municipal
legislative body shall fix the compensation of such registered architect
and pay other expenses of the Board.
I.Â
Training. All members of the Board of Architectural Review and Historic
Preservation, including alternate members, shall be required to meet
the training and continuing education requirements as established
by law and the Village Board.
[Added 9-13-2018 by L.L.
No. 9-2018]
J.Â
Alternate members. For the purposes of substituting for a member
of the Board of Architectural Review and Historic Preservation in
the event that such member is unable to participate because of a conflict
of interest or is otherwise unavailable, the Mayor may appoint one
or more alternate members subject to the approval of the Village Board,
with any such appointment for a term of one year from the date of
appointment. Any designation of an alternate member in replacement
of a member on a particular case shall be made by the Chairperson
of the Board of Architectural Review and Historic Preservation and
shall be entered in the minutes.
[Added 9-13-2018 by L.L.
No. 9-2018]
A.Â
Preliminary plans, elevations, sketches and/or proposals
may be submitted to the Board of Architectural Review and Historic
Preservation by the owner or by the architect or other agency of the
owner for consultation prior to filing an application for a building
permit.
[Amended 6-20-1989 by L.L. No. 8-1989]
B.Â
Every application for a building permit for the construction
of any building or structure or for a sign shall be referred to the
Board of Architectural Review and Historic Preservation by the Building
Inspector for architectural review. Notwithstanding the foregoing,
applications for permits to make interior alterations in existing
buildings and applications for construction of tennis courts and swimming
pools (with their attendant fences and equipment) shall not be required
to be reviewed by the Board and shall not be referred to the Board.
With respect to referred applications involving one-family dwellings,
two-family dwellings, accessory structures to residential buildings
and signs, the Board may, at its option, hold a public hearing. With
respect to referred applications involving multiple dwellings, nonresidential
buildings and nonresidential structures, the Board shall hold a public
hearing.
[Amended 2-28-1989 by L.L. No. 2-1989; 6-20-1989 by L.L. No. 8-1989; 3-9-2001 by L.L. No. 2-2001]
C.Â
Meetings of the Board shall be held at the request
of the Building Inspector or at the call of the Chairman or of any
two members of the Board and at such times as the Board may determine.
D.Â
The Board shall provide for the giving of notice as
follows:
[Amended 4-9-1976 by L.L. No. 1-1976; 1-9-1998 by L.L. No. 1-1998; 3-9-2001 by L.L. No. 2-2001; 12-12-2002 by L.L. No. 6-2002]
(1)Â
With respect to every application referred to the
Board (except sign application), the applicant shall erect a white-with-black-lettering
sign or signs measuring not less than 22 inches long and 14 inches
wide, which shall be prominently displayed on the premises facing
each street on which the property abuts, giving notice that an application
is pending and the date, time and place where the initial meeting
will be held. The sign shall not be set back more than 10 feet from
the street line and shall not be less than two nor more than six feet
above the grade at the street line. The sign shall be made of durable
material and shall be furnished by the Board. It shall be displayed
for a period of not less than 10 days immediately preceding the initial
meeting date. No additional posting shall be required for any adjournment
date or public hearing date. The applicant shall file an affidavit
that he has complied with the provisions of this section.
(2)Â
With respect to applications which involve a public
hearing, the Board shall cause a public notice of such hearing to
be published once in the official newspaper at least 10 days prior
to the hearing date, and the applicant shall cause a copy of such
notice to be mailed to all property owners within 200 feet of the
subject premises, as shown on the latest completed tax roll, measured
along the frontage on both sides of the street, and to all other property
owners located within 200 feet of the boundaries of the premises,
by ordinary mail at least 10 days prior to the hearing date. The applicant
shall submit proof of such mailing.
E.Â
With respect to applications which do not involve
a public hearing, the Board shall render its decision within 30 days
of the referral from the Building Inspector. With respect to applications
which involve a public hearing, the Board shall hold a public hearing
within 30 days of the referral from the Building Inspector, and the
Board shall render its decision within 30 days of the closing of the
hearing thereon.
[Amended 3-9-2001 by L.L. No. 2-2001]
F.Â
No building permit shall be issued by the Building
Inspector on any application which has been referred to the Board
unless the Board shall have granted architectural review approval
for the building or structure.
[Amended 3-9-2001 by L.L. No. 2-2001]
G.Â
The Board may require changes in plans as a condition
of its approval. The Board may direct that the execution of landscape
screening be made a part of a plan before approval thereof and may
require that the landscape plan be prepared by a licensed landscape
architect, architect, engineer or surveyor.
[Amended 5-13-2004 by L.L. No. 5-2004]
H.Â
With respect to every application referred to the
Board (except a sign application), there shall be an application fee
of $100 or such other amount as the Village Board of Trustees may
hereafter fix and establish from time to time by resolution. With
respect to every application involving a public hearing, there shall
be an additional fee of $125 or such other amount as the Village Board
of Trustees may hereafter fix and establish from time to time by resolution.
[Added 12-9-1988 by L.L. No. 8-1988; amended 6-20-1989 by L.L. No. 8-1989; 1-9-1998 by L.L. No. 1-1998; 12-12-2002 by L.L. No. 6-2002]
A.Â
The Board of Architectural Review and Historic Preservation
is charged with the duty of maintaining the desirable character of
the municipality and of disapproving the construction, reconstruction
and alteration of buildings or signs that are designed without consideration
of the harmonious relation of the new or altered building to such
buildings as already exist and the environs in which they are set.
[Amended 6-20-1989 by L.L. No. 8-1989]
B.Â
The Board is charged with the duty of exercising sound
judgment and of rejecting plans which, in its opinion, are not of
harmonious character because of proposed style, materials, mass, line,
color, detail or placement upon the property or in relation to the
spaces between buildings or the natural character of landscape or
because the plans do not provide for the location and design of structures
and open spaces so as to create a balanced and harmonious composition
as a whole and in relation to its several parts and features to each
other.
[Amended 6-20-1989 by L.L. No. 8-1989; 3-9-2001 by L.L. No. 2-2001]
The remedy for any person aggrieved by a decision
of the Board of Architectural Review and Historic Preservation granting
or denying architectural review approval shall be an Article 78 proceeding.
[Amended 6-20-1989 by L.L. No. 8-1989]
Any violation of the approvals established by the Board of Architectural Review and Historic Preservation shall be deemed a violation of this chapter, punishable under the provisions of § 116-40 of this chapter.
