It is the objective of this architectural review to:

This architectural review is established to provide for review and approval of the architecture, design, scale and style of new or reconstructed properties within the affected zoning districts.

To meet these objectives it is important to assure that the design of new or reconstructed properties within the affected zoning districts is harmonious with the Village's character. Excessive uniformity, dissimilarity or inappropriateness of design shall be avoided. The reasonable design criteria and design review established herein will help achieve this goal and thereby serve to protect and enhance property values, private investments and the character, interest, beauty and general welfare of the Village.

Creation. There is hereby created an Architectural Review Board (ARB) for the Village, which is hereby charged with the responsibility of carrying out the architectural and design review provided for in this article. After such review it shall approve, modify and approve or disapprove the proposed designs or changes in designs over which it has jurisdiction.

Membership. The ARB shall be comprised of five members, each of whom shall be appointed by the Mayor, subject to the approval of the Village Board of Trustees for a one-year term of office. The membership of the ARB shall consist of the following: a member of the Village Planning Board, who is recommended for appointment by the Planning Board; a member of the Village Zoning Board of Appeals, who is recommended by the Zoning Board of Appeals for appointment, and three other individuals who are not officers of the Village. To be appointed as a member of the ARB, an individual must be a resident of Onondaga County but need not reside within the Village of Baldwinsville. The Mayor, subject to the approval of the Village Board of Trustees, shall appoint a Chairperson of the ARB from the appointed members who shall serve as the Chairperson of the ARB during his or her term of office.

Site plan review. All buildings and structures, including associated signs, which are the subject of the site plan review pursuant to New York State law and/or the Village Code, except for clearing and grading of land unconnected to any other activity or use requiring site plan review.

Building permits. All structures and buildings for which a building permit is required pursuant to New York State law and/or the Village Code.

Signs. All signs for which a building permit is required pursuant to Village Code.

Exteriors. Any change in the exterior color, pattern, material or design of a building or structure, including the kind and texture of building materials, siding materials, types of all windows, doors, lights, fences, signs and other fixtures appurtenant to such portion described in Subsections A through C of this section, whether or not a building permit is required for such change.

No action that is subject to architectural and design review by the ARB as provided for under this section shall be permitted, performed, undertaken, maintained or issued a building permit without the plan for the architecture, design, style and scope of such action first receiving the approval of the ARB pursuant to this article.

The approval by the ARB of the architecture, design, scale and style of an applicable action shall have the effect of only granting permission for the implementation, construction or development of the action in accordance with all the architecture, design, scale and style elements of the plan so approved. Such approval shall be deemed automatically revoked if within six months from the date of said approval all required architectural and design elements of such ARB-approved plan have not been implemented, constructed, installed or otherwise complied with. Upon application, the ARB may extend the period of approval for one additional, consecutive six-month period.

The failure to obtain ARB approval, as herein provided, or the automatic revocation of the ARB approval after there has been issued a contingent certificate of compliance or a contingent certificate of occupancy for the applicable action shall constitute a violation of this article.

When applications for action are pending before the ZBA and/or PB, architectural review shall be coordinated with the ARB. The ZBA and/or PB shall refer the matter to the ARB and make recommendations to the ARB. The ARB shall meet on or before five business days after the date of filing of final action of the ZBA and/or PB, whichever is the latest, as such date of final action for filing for the ZBA and/or PB is established pursuant to the New York State Village Law, and affirmatively determine whether further architectural review is warranted. If the ARB fails to so meet, no further architect review shall be required and the architectural features, if any, shall be as determined and recommended by the ZBA and/or PB. The ARB shall not be required to act in final form upon such recommendations within five days, just affirmatively determine whether further architectural review is warranted. The architectural review shall be made at the next regularly scheduled meeting of the ARB and transmitted to the ZBA or PB for inclusion in the final action of that Board.

The Code Enforcement Officer shall, upon receipt of a complete building permit application, a complete sign application or of a written application for architectural approval for which no building permit is required but is subject to the jurisdiction of this article, forward same to the ARB for review and action. Such determinations shall be made at the next regularly scheduled meeting of the ARB and transmitted to the Code Enforcement Officer for inclusion in the final action of the Code Enforcement Officer.

An applicant may appeal the decision of the ARB to the Village Board of Trustees by filing a written request with the Village Clerk, which appeal must be taken within 30 days of the filing of the final determination of the ARB with the Village Clerk. The Board of Trustees shall hold a public hearing. The member of the Board of Trustees who is also a member of the ARB shall be disqualified from sitting in review of such appeal, but shall give written and/or oral testimony and evidence in support of his or her decision before the Board of Trustees.

The ARB shall take such action as may be required to assure that it possesses the necessary knowledge and expertise to implement architectural review, including, but not limited to, availing itself of the knowledge and expertise within the community and the hiring of experts for assistance and guidance in general or for any specific pending architectural review application, subject to appropriation by the BT.

The ARB shall prepare and publish guidelines, rules, and regulations, and amend them from time to time, to implement the intent of this article and assist property owners in the efficient and expeditious improvements to their property subject to review herein.

Maintenance of character. The ARB is charged with maintaining the desirable character of the Village and with disapproving the construction, reconstruction, alteration or repositioning of buildings or structures that are designed without consideration to the harmonious relation of the new or altered structure to such structures as already exist and/or to the setting and physical environment into which they or such new or altered structure is placed.

Assurance of harmony. The ARB is further charged with exercising sound judgment and with rejection of plans which, in its opinion, based on study and advice, are not of harmonious character because of proposed style, scale, materials, mass, line, color, detail or placement upon the property of proposed buildings or structures or in relation to the spaces between buildings or the natural character of the landscape or because of lack of provision for balance between the proposed location and design of structures and adjacent open areas or adjacent exiting structures, whether on or off the lot or site in question.

Nature of review. The ARB shall not design or assist in the design of any buildings, structures or projects submitted to it for approval. The ARB shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving responsibility for design and development to the applicant.

Flexibility. Individual initiative and experimentation are not to be discouraged unless necessary to carry out the duties of the ARB hereunder. The ARB is not to use design review intentionally or inadvertently to prohibit or unduly restrict alternative building types, materials or methods, in cases where these alternatives can also fulfill the purposes of this article.

Basis for disapproval. Only the applicant's failure to take reasonable account of the considerations set forth in the § 345-75 and this section of this article shall justify the disapproval of a proposal.

Other considerations. In its endeavor to improve the quality of a design, the ARB shall keep considerations of cost in mind, but shall not authorize a design violative of this article on the basis of cost. The ARB shall not for any reason approve any plan or design in violation of any requirement of New York State laws or the Village Code. To this end, the ARB shall consult with the Code Enforcement Officer whenever necessary and shall urge applicants to do so at the earliest possible stage, as well.

Enforcement. The Code Enforcement Officer of the Village shall enforce this article.

Penalties. The penalty for violations of this article shall be as provided for in § 345-50, entitled "Penalties for offenses."