As used in this chapter, the following terms
shall have the meanings indicated:
PERMIT
A sign permit or building permit for the construction, reconstruction, alteration or remodeling of any structure mentioned in §
3-5 hereof.
[Amended 3-31-1993 by L.L. No. 6-1993; 7-17-1996 by L.L. No.
14-1996; 4-22-2003 by L.L. No. 12-2003]
All members of the Board of Architectural Review
shall be specially qualified either by reason of training or experience
in architecture, land development, city planning, real estate, landscape
architecture, professional property values or other relevant business
or profession or by reason of civic interest and sound judgment, to
judge the effects of a proposed building or alteration or remodeling
thereof upon the property values and development of surrounding areas.
At least one regular member shall be a registered architect in the
State of New York.
Meetings of the Board of Architectural Review shall be held monthly or at the call of the Chairman and at such other times as a majority of the Board shall determine, but shall be held within 30 days of the date of the referral of any application for a building permit referred to the Board as required in §
3-5. A majority of said Board shall constitute a quorum for the transaction of business. The Board 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 keep copies of its examinations and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in §
3-6 hereof.
If any person files an application for site plan approval, variances or a special permit, the Board of Architectural Review shall require that plans and such other information set forth in this chapter, as it deems necessary, for all buildings or structures on such site, be presented to it before a hearing is held on an application for site plan approval, variances or special permit. The Board of Architectural Review shall act in an advisory capacity to the Planning Board and/or the Zoning Board of Appeals on any elements of design contained in Chapter
177, Site Plan Review, §
177-5, and as to conditions to be set by the Zoning Board of Appeals and for Planning Board which would otherwise fall under the authority of the Board of Architectural Review. Approval by the Planning Board of a site plan or a special permit or approval by the Zoning Board of Appeals of variances shall not negate the requirements of approval by the Board of Architectural Review, as to the design items set forth in this chapter which are not otherwise delegated to the Planning Board or Zoning Board of Appeals, prior to the issuance of any building permit. To the extent that it is practical, the review by the Planning Board or Zoning Board of Appeals and the review of the Board of Architectural Review shall be concurrent. In instances where the Planning Board or Zoning Board of Appeals do not follow the advisory recommendations of the Board of Architectural Review, the findings of the Planning Board and/or Zoning Board of Appeals shall specify the reasons for not applying the Board of Architectural Review's recommendations.
The Board of Architectural Review shall advise
with respect to public buildings and such other matters as the Town
Board, the Zoning Board of Appeals and the Planning Board may refer
to it or as may be granted it pursuant to other local laws or ordinances.
No building permit shall be issued if the Board of Architectural Review does not approve the application. If the Board of Architectural Review shall fail to approve or disapprove any application referred to it under §
3-5A within 45 days of the date of referral of such application to it, the application shall be deemed to have been approved unless the applicant shall have agreed to an extension of time.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Any applicant aggrieved by the action of the
Board of Architectural Review in disapproving a building permit application,
and of the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration in denying such permit because of such
disapproval, may request the Board to make formal findings of fact
within 15 days after the request is filed in the Town Clerk's office,
shall thereafter provide the applicant with an opportunity to answer
the findings by the submission of formal proof and shall within 30
days after the answer is filed reconsider the application on the basis
of such answer. If the application is disapproved after such reconsideration,
the applicant may appeal directly from such action of the Board of
Architectural Review to the Zoning Board of Appeals. Such appeal shall
be taken within 30 days after the decision of the Board of Architectural
Review has been filed in the office of the Town Clerk. If the appeal
is dismissed by the Zoning Board of Appeals, the applicant may bring
a proceeding to review in the manner provided by Article 78 of the
Civil Practice Law and Rules in the Supreme Court. Such proceeding
must commence within 30 days after the filing in the office of the
Town Clerk of the decision of the Zoning Board of Appeals.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Any person or corporation, including but not
limited to the owner, lessee, architect or builder or the agent or
employee of any of them, who violates or is accessory to the violation
of any provision of this chapter or any regulation made under the
authority conferred by this chapter, or who shall erect, construct,
reconstruct, alter, enlarge, convert or move any building or structure
without a building permit or in violation of any statement or plans
submitted and approved and under the provisions of this chapter, or
who shall use any building, structure or land in violation of this
chapter or any regulation made under the authority conferred by this
chapter or in violation of the provisions of any building permit or
certificate of occupancy, or without a building permit or certificate
of occupancy where one is required by this chapter, shall be liable,
upon conviction, to a fine of up to $250 or imprisonment for not more
than 15 days, or both, for each offense, and each and every day that
such violation continues shall constitute a separate offense. The Building
Inspector or the Director of Building Code Enforcement and Land Use
Administration shall serve or mail notice of any violation of this
chapter to the last known address of the owner of such property as
shown on the official assessment rolls or to the person or corporation
committing or permitting the same. In addition, the Inspector shall
report all violations to the Town Board. Nothing in this chapter shall
be construed as depriving the Town or the Town Board of any other
available remedy, either of a civil or criminal nature, as provided
by law.
The Board of Architectural Review shall hold
a public hearing on every application made to it, notice of which
hearing and the substance of which application shall be given by publication
in the official newspaper of the Town at least five days before the
date of such hearing and by such other notice as the Board of Architectural
Review, by duly adopted rule, shall require.