Village of Woodbury, NY
Orange County
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Table of Contents
Table of Contents
[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.
B. 
The term "Board" as used in these rules shall mean the duly appointed Architectural Review Board of the Village of Woodbury.[1]
[1]
Editor's Note: See Ch. 8, Architectural Review Board.
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.
E. 
Proceedings. The order of business at regular meetings shall be as follows:
(1) 
Roll call.
(2) 
Reading and approval of minutes of preceding meeting.
(3) 
Reading of Board's decisions from prior meeting.
(4) 
Public hearing.
(5) 
Other business.
(6) 
Adjournment.
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.
(5) 
A check made payable to the Village of Woodbury in an amount as set forth in Chapter 143, Fees.
[Amended 7-28-2009 by L.L. No. 4-2009]
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.
D. 
General rules.
(1) 
Any party may appear in person or by agent or by attorney or, where property is under contract, by the contract vendee.
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.
C. 
Filing. All amendments adopted shall be filed in the same manner as provided for the rules in Subsection A of this section.