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.