The Village of Hamburg wishes to preserve and improve the Village's traditional design patterns, encourage economic development, and restore the role of the streets as civic spaces for the attraction of shoppers, businesses, socializing and recreational activities. The Architectural Review Committee (ARC) is created to foster the goals and purposes set forth in the Village of Hamburg's Building Design Standards.
A. 
Membership and terms.
(1) 
The ARC shall consist of five members confirmed by the Village Board upon appointment by the Mayor.
(2) 
The term of the members of the ARC shall be three years.
B. 
Qualifications of members. To the extent practicable, the committee shall be comprised of the following:
(1) 
At least one member shall be an architect;
(2) 
At least one member of the Historic Preservation Commission; and
(3) 
All members shall have a known interest in the architectural development within the Village of Hamburg.
C. 
Chairperson.
(1) 
The Mayor shall designate the Chairperson of the ARC. The Chairperson shall be designated from the existing members of the ARC. Such designation may be changed at any time by the Village Board.
(2) 
In the absence of such designation, the Chairperson of the ARC shall be designated from amongst the members by an affirmative vote of a majority of the members, and may be changed at any time by an affirmative vote of a majority of the members.
(3) 
The Chairperson shall have the right to vote on all matters before the ARC. In the Chairperson's absence, the Board may designate an acting Chairperson by affirmative vote of a majority of the ARC.
D. 
Alternate members.
(1) 
The Village Board may confirm up to two alternate ARC members upon appointment of such by the Mayor. Alternate members shall be automatically called to serve in the event that a regular member is absent, has a conflict of interest, or is otherwise unable to fulfill their duties.
(2) 
When serving, alternate members shall have all the powers and responsibilities of a full-time member.
(3) 
All member requirements relating to training, attendance, conflicts of interest, eligibility, vacancy, removal, and service shall also apply to alternate members.
A. 
Each member of the ARC shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet this requirement.
B. 
Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning, and traditional classroom training.
C. 
To be eligible for reappointment to the ARC, a member shall have completed the training approved as set forth above.
D. 
The training may be waived or modified by resolution of the Village Board when, in the judgment of the Board of Trustees, it is in the best interest to do so.
E. 
No decision of the ARC shall be voided or declared invalid because of a failure to comply with the training requirements herein.
A. 
By-laws. The ARC may approve by-laws that are consistent with the regulations adopted by the Village Board.
B. 
Quorum. Three ARC members shall constitute a quorum for the transaction of business.
C. 
Meetings. Meetings may be held at any time on the written request of any two ARC members or at the call of the Chairperson.
D. 
Public hearings. The ARC shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The ARC may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
E. 
Recommendations. The ARC may seek recommendations from the Village Board, Historic Preservation Commission, Planning Commission, Village officials or departments, or other agencies as it deems appropriate.
F. 
Attendance. All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the secretary so that an alternate member can be called upon to attend.
A. 
Secretary and staff. The Village Board may confirm a secretary to serve at the pleasure of the ARC, upon appointment of such by the Mayor. The secretary shall keep a record of all resolutions proceedings, and actions of the ARC, as well as attendance of ARC members.
B. 
Voting records. The ARC is subject to the NYS Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each ARC member shall be recorded. If any ARC member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.
C. 
Minutes. ARC meeting minutes, including a record of the ARC's decisions and determinations, shall be filed with the Village Clerk as they are completed.
The Village Board shall have the power to remove, after public hearing, any member of the ARC for cause. Cause for such removal shall include, but not be limited to:
A. 
Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;
B. 
Absence from 80% of the regularly scheduled meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or
C. 
Failure to obtain and comply with the training requirements as set forth in this chapter.
A. 
Advisory authority. Pursuant to this article and NYS Village Law, the ARC is hereby authorized and empowered with review and advisory authority for all building construction, exterior renovation, facade renovation, window replacement, roof replacement and signage to ensure compliance with the Building Design Standards. This shall apply to the following zoning districts:
(1) 
Limited Commercial Residential (LCR);
(2) 
Village Center Commercial (VCC);
(3) 
Neighborhood Commercial Corridor (NCC);
(4) 
Gateway Commercial (GC);
(5) 
Mixed Use Redevelopment (MU-R); and
(6) 
Mixed Use Industrial (MU-I).
B. 
Procedure. The CEO shall refer all plans, drawings, and material lists to the ARC which shall make a recommendation to the Village Board. Upon receipt of the ARC's recommendation, the Village Board shall, after review, approve, approve with modifications, or disapprove the plan. In approving with modifications or disapproving the plan, the Village Board shall set forth its reasons for such action in the minutes of the meeting which such action is taken. The requirements set forth in this subsection are in addition to any requirements set forth in Chapter 250 of the Hamburg Village Code, or any other sections herein.
C. 
Additional powers. The ARC may exercise additional powers as directed by the Village Board.