A. 
Establishment. An Architectural Review Board (ARB) is hereby created to promote architectural beauty and harmony of building design; to avoid monotony of residential housing; and to prevent buildings or structures from being improperly designed, located or modified in relation to existing buildings and structures, prominent site features, lot lines and street lines.
B. 
Composition. The Planning Board of the Town of Newburgh shall act as the ARB for the purposes of this chapter.
C. 
Responsibility. The ARB shall review and approve every development proposal involving construction of 10 or more dwelling units or any construction, alterations, repairs or additions that would affect the character of a neighborhood and every application requiring site plan review by the Planning Board. All subdivisions in excess of 10 lots where housing designs were unknown and not reviewed by the ARB during the subdivision approval process shall be referred to the ARB by the Building and Code Enforcement Officer if they do not meet the requirements of this section.
D. 
Applications. Application for review by the ARB shall be made concurrent with application for final subdivision or site plan approval, as the case may be, and prior to the issuance of a building permit. Said application shall meet the requirements of § 185-57 of this chapter and shall further provide:
(1) 
The name and address of the applicant.
(2) 
Samples of materials and colors to be used in proposed buildings and structures and alterations to existing buildings and structures.
(3) 
Topographic data as may be required by the Architectural Review Board.
E. 
Standards. In order to avoid monotony of architectural design, no building permit shall be issued for the construction of a dwelling located within an approved subdivision plat if it is substantially like any neighboring building or for which a building permit has already been issued or is being concurrently considered.
(1) 
A building shall be considered neighboring if it fronts on the same street as the building under consideration or an intersecting street and which is the first building along the street in either direction or which faces or is adjacent to a building that faces from across the street the building under consideration.
(2) 
Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:
(a) 
Setback from the street.
(b) 
Relation of a garage visible from the street to the main structure.
(c) 
Length of the main roof ridge.
(d) 
Height of the roof ridge above the first floor level.
(e) 
Width, $TKSLLDIR/images/XX0000/measured perpendicular to the main roof ridge if the main roof ridge is perpendicular to the street or, if the main roof ridge is parallel to the street and the building has a gable extending from the main roof visible from the street, perpendicular to any such gable.
(f) 
Relationship to each other of either windows, doors, chimneys or any porch in the front elevation.
F. 
Waiver. The Architectural Review Board may waive or vary any requirements of this section where the layout of the neighborhood, road pattern, topography, observation of natural features, views and the siting of individual structures is such as to avoid monotony of appearance despite similarity of buildings.