For the purpose of promoting the health, safety and general welfare of the community, conserving and enhancing the appearance of the Village, especially in areas of existing or potential scenic value, of historical note, of architectural merit or of interest to the residents, and for the purpose of assisting property owners to maintain the appearance or architectural tone of their neighborhoods and preserve property values and for the purpose of eliminating blight, the Board of Trustees establishes procedures for an architectural review of all structures hereafter erected, reconstructed, altered or remodeled in the Residence O District, Residence M District, Marine Commercial District, Retail Business District and Industrial District as defined in Chapter
365, Zoning, of the Code of the Village of Babylon to encourage originality, resourcefulness and good qualities of exterior building design and good appearance in harmony with surrounding structures; to prevent such design and appearance as is offensive to visual sensibilities even when conforming to existing surrounding structures; to avoid monotonous similarity or striking discord in design, appearance and materials, and for the purpose of achieving an interesting and harmonious aesthetic appearance of all structures in the Village predicated upon sound principles of architectural design.
[Amended 11-28-1979 by L.L. No. 4-1979]
There is hereby created an Architectural Review Board consisting of
five members. The Board of Trustees shall appoint the members for terms of
three years and shall designate the Chairman. Each member shall receive such
compensation as is provided by resolution of the Board of Trustees. The Board
of Trustees shall make the initial appointments as follows: one member for
a one-year term, one member for a two-year term and one member for a three-year
term. If any vacancy shall occur otherwise than by expiration of term,
the Board of Trustees shall fill the vacancy for the unexpired term. The Board
of Trustees shall have the power to remove any member for cause after hearing
and to dissolve the entire Board. The Board, with the consent of the Board
of Trustees, shall appoint a Secretary, who shall keep or cause to be kept
in the office of the Village Clerk a record of all the meetings and proceedings
of the Board. In the selection of the members of the Board, the Board of Trustees
shall consider persons trained or experienced in architecture, land development,
community planning, landscape architecture, engineering, building construction,
conservation, environment or other relevant business or profession or persons
interested in civic development and betterment. The Chairman of the Planning
Board, the Building Inspector, the Village Engineer and such other persons
as the Board of Trustees may designate shall be ex officio members of the
Board and shall be subject to call by the Chairman. Such ex officio members
shall not vote on any matter or proceeding before the Board and shall serve
without remuneration.
The Architectural Review Board shall hold meetings at the call of the
Chairman and at such other times as the Board shall determine, but a meeting
shall be held within 14 days of the filing with the Building Inspector of
any application which must be referred to the Board. A majority of the Board
shall constitute a quorum for the transacting of business. The Board shall
hold public hearings after five days' notice in the official newspaper of
the Village and written notice to all property owners in the Village limits
immediately adjacent to the lot line of the proposed structure, addition,
alteration or remodeling. The Secretary of the Board shall keep a docket of
applications submitted, identifying each application by a case number, and
minutes of its proceedings, showing the vote of each member. All decisions
of the Board approving or disapproving any application submitted to it shall
be in writing, shall contain findings of fact and reasons for approval or
disapproval and shall be filed in the office of the Village Clerk and a copy
mailed to the applicant within 15 days after the decision. The decision of
the Board and case number shall be endorsed on the building permit and certificate
of occupancy for the premises. The Board, subject to the approval of the Board
of Trustees, shall have the power to adopt, amend and repeal rules and regulations
not inconsistent with law or the provisions of this chapter governing its
procedures and the transaction of its business.
The Board shall advise with respect to any matters that the Board of
Trustees, the Board of Appeals or the Planning Board may refer to it for advisory
comment and opinion. A developer, builder, owner or lessee may submit to the
Board informally at any time plans and proposals for comment, advice and suggestions.
When the Board shall disapprove an application for a building permit,
the applicant shall have an opportunity, within 15 days after notice of the
decision disapproving the application, upon prior written agreement with the
Board, to appear before the Board to answer the findings by the submission
of formal proof, other data and alternative plans. Any applicant jointly or
severally aggrieved by the decision of the Architectural Review Board, after
a hearing or rehearing, may apply to the Supreme Court for relief by a proceeding
under Article 78 of the Civil Practice Law and Rules by law for the enforcement
of or punishment of violations of the provisions of this chapter.
[Added 11-30-1981 by L.L. No. 22-1981]
A. Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B. In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.