[HISTORY: Adopted by the Board of Trustees
of the Village of Woodsburgh 10-19-1987 by L.L. No. 4-1987. Amendments noted where
applicable.]
There is hereby created an Architectural Advisory
Committee (hereinafter "Committee"), which shall consist of five residents
of the Village appointed by the Mayor, with the approval of the Board
of Trustees. The members of the Committee shall be especially qualified
by reason of training or experience in architecture, site planning,
landscape architecture, professional engineering or graphic design
or construction or otherwise as determined by the Mayor and Board
of Trustees. The Mayor shall designate which member of the Committee
shall be the Chairman, subject to the approval of the Board of Trustees.
The terms of the members of the Committee and the Chairman shall be
one official year.
Meetings of the Committee shall be held at the
call of the Chairman and at such other times as the Committee shall
determine. The Committee may hold a public hearing on any matter when
it deems the same to be in the public interest. The Committee shall
keep minutes of its proceedings, showing the vote of each member upon
each question or, if absent or failing to vote, indicating such fact
and shall also maintain records of its examinations and other official
actions. All records of the Committee shall be kept at the Village
Office. The Committee may, from time to time, adopt, amend and repeal
rules and regulations not inconsistent with law governing the procedure
of the Committee and transaction of business before and by the Committee
and otherwise for the purposes of carrying into effect the provisions
of this chapter.
As soon as practicable after receipt, the Building
Inspector shall transmit to each member of the Committee a copy of
any application for a building permit for the construction of a new
building or structure or for any reconstruction or alteration of an
existing building or structure which would, in the opinion of the
Building Inspector, substantially change the exterior character and
appearance of the building or structure.
A.
Within 20 days after the receipt of the referral provided for in § 4-3 hereof, the Committee shall meet, consider and act upon the application.
B.
In considering an application for a permit, the Committee
shall take into account the natural features of the site and surroundings,
exterior design and appearance of existing structures and the character
of the area and the peculiar suitability of the property for particular
purposes, with a view toward conserving the values of property and
encouraging the most appropriate use of land. The Committee shall
also consider whether the building or structure for which the permit
was requested, if erected or altered in accordance with the submitted
plan, would be in harmony with the purposes of this chapter; would
not be visually offensive or inappropriate by reason of poor quality
of exterior design, monotonous similarity or striking visual discord
in relation to the sites or surroundings; would not mar the appearance
of the area; would not impair the use, enjoyment and desirability
or reduce the values of properties in the area; would not be detrimental
to the character of the neighborhood; would not prevent the most appropriate
development and utilization of the site or of adjacent lands; and
would not adversely affect the functioning economic stability, prosperity,
health, safety and general welfare of the entire community.
C.
The Committee shall act upon such application by concurring
vote of a majority of the members of the Committee, the concurring
vote of at least three members being required to take any action.
D.
The Committee may either recommend approval of an
application, with or without conditions, or may recommend disapproval
of the application.
E.
In recommending approval of any application, the Committee
may require imposition of appropriate conditions and safeguards designed
to prevent harmful effects.
F.
The Committee may recommend disapproval of any application
for a permit, provided that the Committee has afforded the applicant
an opportunity to confer upon suggestions for change of the plan.
[Added 12-5-2017 by L.L.
No. 2-2017]
Upon filing of a completed application with the Architectural
Advisory Committee, and upon payment of the required fee and deposit,
if any, the Committee shall fix a time and place for a public hearing,
and notice of such hearing shall be provided as follows:
A.
The Committee shall publish or cause to be published a notice of
the public hearing in the official Village newspaper at least five
days prior to the date of the public hearing.
B.
The applicant shall prepare (in form required by the Village) showing
the names of the owners of all parcels of property located within
a radius of 300 feet of the subject property, measured from all points
of the property lines of the subject premises. At least 10 days but
not more than 20 days prior to the scheduled date of the hearing,
the applicant shall send a copy of the notice of public hearing (on
the form provided by the Village) to all such owners in a manner authorized
by the Board of Trustees by resolution, from time to time.
(1)
The names of said owners shall be taken as they appear on the last
completed tax roll of the Village, except that the addresses must
be those of the actual places of residence of the addressees.
(2)
The applicant shall file or cause to be filed a radium map and an
affidavit of mailing (on the form provided by the Village), having
attached thereto a true and complete copy of the notice of public
hearing, with the Village Clerk not less than three days prior to
the scheduled date of the public hearing, together with any return
receipt cards or returned or undeliverable envelopes. Failure to deliver
the radius map, the affidavit of mailing, and the return receipt cards
or returned or undeliverable envelopes, if the manner of service requires
return receipt cards, to the Village in accordance with the section
may result in the application being stricken from the calendar.
All actions of the Committee in recommending
approval or disapproval of building permits shall be reported promptly
to the Board of Trustees of the Village, who shall affirm, revise
or modify such recommendations within 45 days after the receipt of
such report. Thereafter, no building permit shall be issued by the
Village with respect to the matters contained in such application
except in accordance with the action of the Board of Trustees.
Any person aggrieved by the action of the Board
of Trustees in affirming, revising or modifying the recommendations
of the Committee may, within 30 days after the filing in the office
of the Village Clerk of the decision to be reviewed, bring a proceeding
to review such determination in the manner provided by Article 78
of the Civil Practice Law and Rules.
