[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Review Board — See Ch. 8.
Building construction — See Ch. 96.
Subdivision of land — See Ch. 272.
[1]
Editor's Note: The rules upon which this chapter
is based were originally adopted 11-19-1975 by the Town of Woodbury
Architectural Review Board, as amended in 1982.
A.
The Architectural Review Board of the Village of Woodbury
shall be governed by the provisions of all applicable state statutes,
local laws, ordinances and these rules.
C.
The Board shall become familiar with all the duly
enacted ordinances and laws of the Village under which it may be expected
to act as well as with the applicable state statutes.
The Board hereby finds that excessive uniformity,
dissimilarity, inappropriateness or poor quality of design in the
exterior appearance of buildings erected in any neighborhood adversely
affects the desirability of the immediate area and neighboring areas
for residential and business purposes or other use and by so doing
impairs the benefits of occupancy of existing property in such areas,
impairs 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 in such areas with
attendant deterioration of conditions affecting the health, safety,
comfort and general welfare of the inhabitants thereof and destroys
a proper relationship between the taxable value of real property in
such areas and the cost of municipal services provided therefor. It
is the purpose of these governing rules to prevent these and other
harmful effects of such exterior appearances of buildings erected
and thus to promote and protect the health, safety, comfort and general
welfare of the community, to promote the public convenience and prosperity,
to conserve the value of buildings and to encourage the most appropriate
use of land within the Village.
The officers of the Board shall consist of a
Chairman and an Acting Chairman as follows:
A.
Chairman. The Chairman shall be designated by the
Village Board. He shall perform all duties required by law, ordinance
and these rules. He shall preside at all meetings of the Board. The
Chairman shall decide on all points of order and procedure, subject
to these rules, unless directed otherwise by a majority of the Board.
The Chairman's signature shall be the official signature of the Board
and shall appear on all decisions as directed by the Board.
B.
Acting Chairman. An Acting Chairman shall be appointed
to serve in the absence of the Chairman. He shall have all the powers
of the Chairman during his absence, disability or disqualification.
A.
Should any vacancy on the Board occur for any reason,
the Secretary shall give immediate notice thereof to the Village Clerk.
B.
Should such a vacancy occur, the Board shall immediately
submit its recommendations for new appointments to the Mayor for her
approval.
C.
Should the office of Chairman become vacant, the Secretary
shall notify the Village Clerk and the Acting Chairman shall handle
the duties of the Chairman until such time as the Mayor, subject to
the approval of the Village Board, shall appoint a new Chairman.
A.
Regular meetings. The regular meeting of the Board
shall be held on the third Monday of each month at 7:30 p.m. in the
Woodbury Town Hall, Highland Mills, New York.
B.
Annual meeting. The annual organizational meeting
of the Board shall be the first regular meeting of the year.
C.
Special meetings.
(1)
Special meetings of the Board may be called by the
Chairman. At least 48 hours' notice of the time, place and business
of the meeting shall be given each member of the Board.
(2)
The Chairman shall call a special meeting within 10
days of receipt of a written request from any three members of the
Board, which request shall specify the matters to be considered at
such special meeting.
D.
Cancellations of meetings. Whenever there are no applications
or other business at a regular meeting, the Chairman may dispense
with such meeting by notice to all members not less than 48 hours
prior to the time set for such meeting.
F.
Executive meetings. The Board may meet in executive
session to deliberate on matters before the Board. However, any official
action taken by the Board shall be at a meeting open to the public.
Executive meetings may immediately precede the opening or following
the closing of regular meetings or hearings.
A.
A quorum shall consist of a majority of the members
of the Board.
B.
No hearing or meeting of the Board shall be held nor
any action taken in the absence of a quorum; however, those members
present shall be entitled to request the Chairman to call a special
meeting for a subsequent date. All subsequent hearings shall be readvertised
in accordance with the requirements of the applicable law.
C.
All matters shall be decided by roll call vote. Decisions
on any matter before the Board shall require the affirmative vote
of a majority of the Board unless otherwise specified herein.
D.
A tie vote or favorable vote by a lesser number than
the required majority shall be considered a rejection of the application
under consideration.
E.
No member of the Board shall sit in hearing or vote
on any matter requiring a public hearing unless he has attended the
public hearing thereon; however, where such member has familiarized
himself with such matter by reading the record, he shall be qualified
to vote.
A.
Filing of applications.
(1)
The applicant shall file an application with the Woodbury
Code Enforcement Officer. Such application shall be made on the form
provided for that purpose. The Code Enforcement Officer shall be responsible
for providing any applicant with the proper forms and for instructing
the parties concerned on the proper manner for completing and filing
said forms. All information required thereon shall be complete before
an application is considered filed.
(2)
There shall be furnished to the Chairman of the Board
six copies of the application, plans and specifications containing
the required information and data at least 10 days prior to the scheduled
hearing. No hearing shall be scheduled unless the above papers are
furnished to the Chairman. If a completed record is not so furnished
within the time prescribed herein, then the Chairman shall reject
the application until the application is completed.
(3)
Upon receipt thereof, the Chairman shall distribute
the application, plans and specifications to the Board members.
B.
Site inspection. Subsequently and before a proposed
hearing, the Board members shall arrange to visit the site in order
to physically acclimate themselves with the situation.
C.
Supporting papers. The application shall be supported
by the following:
(1)
A plot plan for each lot, with the location of house
and driveway shown.
(2)
The front, rear and both side elevations of the proposed
building showing existing grade lines at the foundation walls and
proposed finished grades. Exterior materials and colors must be indicated
on the elevations. All grades shall be indicated by reference to the
average street grade in front of the lot, unless elevations are shown
on the subdivision map, in which case the grade shall be referenced
to such elevations.
(3)
One copy of the preliminary or final subdivision map
with five-foot contours, including the plot for which the application
is made and the street giving access thereto. Each paper shall be
drawn in ink or be a photocopy, shall show the name and address of
the developer or owner, section and lot number, shall be dated and
shall include space for indication of approval or disapproval by the
Board.
(4)
An artist's rendering or photograph of the structure
to be constructed on a given lot, required at the discretion of the
Board.
D.
Notice to applicant. The applicant shall be notified
by the Chairman, by letter, within five days of the hearing of his
failure to complete his application properly.
A.
Time. The Board shall schedule a hearing on all applications
up to 10 days before its regular monthly meeting.
B.
Notice.
(1)
Notice of all hearings shall be given at least five
days prior to the date thereof by publication in the official Village
newspaper. Such notices of the hearings shall be mailed to all parties.
(2)
Such notice shall state the location of the building
or lot and the date, time and place of the hearing.
C.
Proceedings. The order of business at a hearing shall
be as follows:
(1)
Roll call.
(2)
The Chairman shall read the public notice, as well
as all correspondence and reports received thereon.
(3)
The applicant shall present his case.
(4)
Those opposed shall present their arguments.
(5)
If necessary, adjournment of hearings.
(6)
Close of public hearings and an indication by the
Chairman as to when the decision will be announced.
A.
Time limit. Where possible, the Board shall render
its decision the same night of the hearing. However, where the Board
determines that it is impossible to render a decision the same night
of the hearing, then it shall announce at the close of the public
hearing when such a decision will be rendered by the Board.
B.
Form. The final decision by the Board shall be made either by written order or at the end of the Board's minutes pertaining to a specific hearing. Such decision shall state the findings of fact which were the basis for the Board's determination. The decision shall also state any conditions necessary to fulfill the purpose of Chapter 8, establishing an Architectural Review Board.
C.
In approving or disapproving plans and specifications
for a building or alteration, the Architectural Review Board shall
consider the purposes above stated to promote architectural beauty
and harmony of building design; to prevent the monotony of residential
housing in rows of buildings which are identical or unduly similar
in design or location in relationship to streets, and to prevent buildings
from being improperly designed and located in relation to land contours,
lot lines and street lines.
D.
Filing. Minutes and decisions of the Board shall be
filed as soon as practical after the close of a public hearing in
the office of the Village Clerk and shall be a public record.
E.
Notice. Copies of the decision shall be forwarded
to the applicant by the Chairman of the Board.
F.
Certification. A copy of the Board's decision, including
all terms and conditions, shall be transmitted to the Code Enforcement
Officer, and he shall fully incorporate such terms and conditions
of the same in the building permit to be issued to the applicant whenever
a permit is authorized by the Board.
In case of approval by the Architectural Review
Board, the Code Enforcement Officer shall not issue a certificate
of occupancy upon completion of the building or alteration unless
he finds that such building or alteration is completed in conformance
with the plans and specifications approved by the Architectural Review
Board.
A.
Time limit. Where an applicant disagrees with a decision rendered by the Board, he may file an application with the Board of Appeals for a review of the decision within 30 days after the decision has been filed pursuant to § A314-9D of these regulations.
B.
Further appeal. The applicant may file an Article
78 proceeding pursuant to the Civil Practice Law and Rules within
30 days.
A.
Adoption. Upon adoption of these rules by the Board,
the Secretary shall file a copy of these rules with the Village Clerk,
and they shall be a public record.
B.
Amendment. These rules may be amended by an affirmative
vote by a majority vote of a quorum of the Board, provided that such
amendment be presented in written form at a regular or special meeting
preceding the meeting at which the vote is taken.
