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. 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. The municipal legislative body may remove any member for cause after a public hearing.
C. 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. 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) To preside at all meetings.
(2) To postpone meetings due to inclement weather and to call special meetings.
(3) 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) 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) To serve as liaison to the Village Board and other boards of the Village.
E. The Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities.
F. All meetings of the Board shall be open to the public.
G. 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. 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. 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. 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]
[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.