[HISTORY: Adopted by the Board of Trustees
of the Village of Russell Gardens 9-8-1994 as L.L. No. 1-1994.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 12.
A.
Findings and purpose. It is the purpose of this chapter
to preserve and promote the character and appearance and conserve
the property values of the village, the attractiveness of whose residential
areas is the mainstay of the community, by providing procedures for
a design review of buildings and structures henceforth erected, reconstructed
or altered in the village and thereby to encourage good qualities
of exterior building design and good appearances and to relate such
design and appearances to existing buildings and structures on the
site and to surrounding buildings and structures and to prevent such
design and appearances as are inappropriate by reason of poor quality
of exterior design, monotonous similarity or visual discord in relation
to existing buildings or structures on the site or on surrounding
sites.
B.
Creation; terms and qualifications of members.
(1)
There is hereby created a Design Review Board, which
shall consist of five residents of the village appointed by the Mayor,
subject to the approval of the Board of Trustees. The Mayor shall
designate the Chair and Deputy Chair of the Board, subject to the
approval of the Board of Trustees, and the persons so designated shall
serve until the end of the official year in which such appointments
are made. The terms of the members of the Board shall be for one official
year. Vacancies occurring for whatever reason other than expiration
of term shall be filled for the balance of the unexpired term.
(2)
All members of the Board shall be persons deemed specially
qualified by reason of training, experience or civic interest and
by reason of sound judgment to judge the effects of a proposed building
or exterior alteration on the nature and character of the community
and of the immediate neighborhood, as provided in this chapter.
C.
Architectural consultant. The Mayor can designate
an architect to serve without Board compensation as a consultant to
the Board, subject to the approval of the Board of Trustees. The term
of the architectural consultant shall be for one official year.
For the purposes of this chapter, the following
terms shall have the meanings herewith indicated:
Any structural or nonstructural change or addition to an
existing building or structure, including the ordinary repair or replacement
of exterior facade elements to an existing building or structure with
comparable materials of like kind and quality. The addition or removal
of any window, or the change in size or shape of an existing window,
and the replacement of an entire roof, or section thereof, with a
material or color that is different from the existing roof shall be
deemed to be an "alteration." The regrading of property by one foot
or more shall be deemed an "alteration." The repair, replacement,
alteration or addition to an existing building or structure of 40%
or more of its floor area shall be considered "new construction."
[Amended 12-5-2019 by L.L. No. 11-2019]
A combination of materials to form a construction that is
safe and stable and adapted to permanent or continuous occupancy for
public, institutional, residence, business or storage purposes; the
term "building" shall be construed as if followed by the words "or
part thereof."
All spaces for the parking of vehicles must be depicted on
a driveway plan and approved by the Board. Only driveways and parking
areas depicted on a driveway plan approved by the Board are permitted.
Driveways, parking pads and parking areas are prohibited within the
first 40 feet of a front yard measured from the property line that
abuts the street, unless said driveway and parking areas have been
approved by the Board and are depicted on an approved driveway plan.
[Added 12-5-2019 by L.L.
No. 11-2019]
[Added 12-5-2019 by L.L.
No. 11-2019]
A major application before the Board shall include all applications
that are not deemed minor applications that involve an alteration
to the exterior facade of a building or structure.
When like kind materials are not available for facade finishes,
the entire facade must be replaced and such application shall constitute
a major application.
[Added 12-5-2019 by L.L.
No. 11-2019]
Repair or replacement of design elements with like kind materials.
A minor application before the Board shall include the repair
or partial replacement or alteration of exterior facade elements to
an existing building or structure with comparable materials of like
kind and quality which will match the color and design of the existing
facade.
The repair or replacement of windows, doors, siding and other
facade materials or the painting of a facade shall constitute a minor
application when like kind materials are used. The repair or replacement
of a walkway or driveway proposed in the same location, with the same
dimensions, shall constitute a minor application when like kind materials
are used.
The repair or replacement of like kind air-conditioning units
and other outdoor equipment shall constitute a "minor application,"
provided the location of these structures was previously approved
by the Board and no significant change is proposed that would impact
abutting properties.
Repair or replacement of a roof. The replacement of an entire
roof which does not change the existing roof line shall constitute
a "minor application." Where an entire roof is being replaced, the
applicant may propose different material provided such material is
consistent with the architectural style of the building. Where only
a part of the roof is repaired or replaced, the applicant must use
like kind shingles of the same color and quality. If such material
is not available, the applicant must replace the entire roof.
Replacement of design elements with different materials.
The replacement of windows, doors, walkways, driveways, landscaping
and other similar design elements proposed in the same location, with
the same dimensions, may be replaced with different materials provided
that the proposed materials are consistent with the architectural
style of the building, including, but not limited to, the color scheme,
quality of other materials and massing of the building. The replacement
of said design elements shall constitute a "minor application" if
said criteria are satisfied.
If more than one design element is being replaced, the Board
may treat the proposed changes as a major application.
Any construction or any production or piece of work artificially
built up or composed of parts joined together in some definite manner.
For the purposes of this chapter, a fence shall be considered a "structure."
A.
The Board shall meet as needed to review pending applications.
Meetings shall be held at the call of the Chair of the Board and any
two members and shall be open to the public in accordance with the
Open Meetings Law.[1]
[Amended 12-5-2019 by L.L. No. 11-2019]
[1]
Editor's Note: See Public Officers Law § 100 et
seq.
B.
A majority of the Board shall constitute a quorum
for the transaction of business.
C.
The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact, and shall also maintain records of
its examinations and other official actions. The Board shall designate
one of its members as the recording secretary to prepare such minutes
and records. Such records shall be kept in the village office.
D.
The Board shall conduct a public hearing within 45
days after the referral to it of a major application as defined in
this chapter. At least 14 days prior to such public hearing, the applicant
for such permit shall give written notice of such public hearing to
all owners of property within 200 feet of the property which is the
subject of the application, by certified mail, return receipt requested,
or personal delivery, as indicated on the most recent assessment roll
of the Village. Proof of mailing or personal delivery of such notice
shall be filed with the Village Clerk no later than five days prior
to such public hearing, and returned certified mail receipts shall
be filed with the Village Clerk no later than one day before the public
hearing.
[Amended 12-5-2019 by L.L. No. 11-2019]
E.
The Village Clerk shall post notice of all public
hearings and meetings of the Board in at least three conspicuous locations
in the village, including a public bulletin board maintained at the
Village Hall.
F.
A vote of the majority of the full membership of the
Board shall be necessary to take any action.
[Amended 12-5-2019 by L.L. No. 11-2019]
A.
All applications for alterations as defined in this chapter shall
require Board approval. Applicants must file building permit and Design
Review Board applications and filing fees to begin the review process.
Such applications shall first be reviewed and processed for zoning
compliance. Only complete applications that are zoning compliant shall
be referred to the Village Clerk. As soon as practicable, and in any
event within 15 business days after the Building Inspector's receipt
of an application for a permit involving the exterior appearance of
a new or existing building or structure, or a group of such buildings
or structures by one foot or more, the Building Inspector shall refer
said application to the Village Clerk, who shall promptly transmit
the same to the Chair of the Board or, in the absence of the Chair,
to the Deputy Chair of the Board. The Chair or Deputy Chair shall
review the application and determine within a reasonable period of
time whether the application should be treated as a minor or major
application.
B.
There shall be an administrative review of all minor applications by a majority of the Board members. The Board will render its decision within 30 days of the applicant filing a complete application package as defined in § 16A-3D. In the event the Board denies a minor application, the applicant may request a meeting before the Board. If the Board denies the application after a public meeting, the applicant may present its application to the Board of Trustees whose decision to approve, deny or modify the application will be final.
C.
There shall be a public hearing scheduled for all major applications in accordance with § 16A-3D.
D.
The Board's review of all applications shall be in accordance with
the standards set forth in this chapter. Upon completion of such review,
the Board may approve, approve with modifications or disapprove any
matter referred to it by a concurring vote of the a majority of the
entire Board.
[Amended 12-5-2019 by L.L. No. 11-2019]
A.
For major applications, eight sets of the following plans and materials
are required, along with the building permit and Design Review Board
applications:
(1)
Elevation plans, signed and sealed by an architect or engineer, showing
elevations of all proposed new buildings and structures and all affected
elevations in the case of additions or alterations to existing buildings
and structures. The elevation shall be from a two-point perspective
and shall identify the colors and types of materials proposed, and,
where applicable, shall include detailed drawings or other examples
in print of the plan's significant features including, but not limited
to, windows, front doors, chimneys, pediments, dormers, cornices,
quoins, railings, columns and arches.
(2)
A survey dated within 30 days of the submission date, prepared by
a New York State licensed surveyor, depicting conditions as of the
date of the submission of the application.
(3)
A site plan dated within 30 days of the submission date, prepared
by a New York State registered architect or engineer depicting the
following:
(a)
Metes and bounds.
(b)
All setbacks and street frontage.
(c)
Curb cuts and driveway location in relation to all relevant
street intersections.
(d)
Location of proposed underground utilities and easements.
(e)
Front setbacks of the houses within 200 feet of the proposed
dwelling.
(f)
Existing elevations.
(4)
Floor area ratio calculations for all new construction and renovations
unless the renovation is only a facade change in which case floor
area calculations will not be required.
(5)
Fee and application form.
(6)
Driveway plan.
(7)
A material board with samples of all proposed materials and cut sheets
identifying the make and model of each material.
(8)
Scale model. Where the applicant proposes to construct a new dwelling
or where a proposed enlargement would result in the increase of the
gross floor area of an existing dwelling by 40% or more, the applicant
shall be required to prepare a scale model and artist's rendering
of the proposed dwelling. The scale model shall include grades at
two-foot intervals and shall depict the dwellings on all three sides.
The artist's rendering shall depict the dwellings on either side of
the dwelling that is the subject of the application.
(9)
Color photographs of the two houses to each side and all houses within
a 150-foot radius, including the front and rear.
(10)
Topographical map prepared by a New York State licensed surveyor
depicting proposed grading with finished elevations, mean ground level
at the proposed dwelling's perimeter, mean street curb level and first-floor
elevations, as well as the current topography of the site.
(11)
Landscape plan. Where the applicant proposes new construction
or where the building plans can reasonably be expected to result in
new or additional landscaping on the property or where the application
is for new construction, a separate landscaping application must be
filed concurrently with the building permit application and shall
include plans for all new or additional landscaping, showing existing
trees, trees to be removed and all new plantings of trees and shrubs
(including size and location), all grass and ground cover and all
paved areas. The landscaping plan shall also show:
(a)
Existing and proposed contours at two-foot intervals;
(b)
Elevations and grade levels for retaining walls and planters;
(c)
All existing trees with a trunk diameter of four inches or more
at a point three feet above the ground level and an indication of
whether such trees are intended to remain or to be removed; and
(d)
Other topographical features.
(12)
A two-point perspective color rendering, to scale, of the proposed
dwelling and the houses on either side.
(13)
The Building Inspector or Board shall be entitled to require
the applicant to provide any additional plans deemed necessary for
a proper review of the application.
B.
For new construction, additional requirements. For all new construction
or alterations involving the repair, replacement, alteration to an
existing building or structure of 40% or more of its floor area, the
following additional requirements shall apply: Pre-application submission.
Prior to the filing of an application, the applicant shall submit
preliminary schematic plans, a list of materials to be used for the
project and the application form and fee.
(1)
Pre-hearing meeting. The Village Clerk shall schedule a Board meeting
to be held within 30 days of the applicant's filing of its pre-application
submission.
C.
For minor applications, the following plans and materials are required:
(1)
Color photographs of the existing structure or building to be altered
depicting current conditions of the structure or building. The photographs
should also depict the materials to be altered or replaced.
(2)
Samples of all materials proposed and cut sheets identifying the
make and model of each material.
(3)
Fee and application form.
(4)
The Building Inspector or Board shall be entitled to require the
applicant to provide any additional plans deemed necessary for a proper
review of the application.
A.
In considering an application for a permit, the Board
shall take into account the natural features of the site and surrounding
areas, the exterior design and appearance of existing structures,
the character of the site and area, the fact that the Village of Russell
Gardens is a community of traditional homes and the peculiar suitability
of the site or area for particular purposes, all with a view toward
protecting and conserving the values of property, encouraging the
most appropriate and consistent uses of land in the Village of Russell
Gardens and maintaining the traditional nature of the village.
B.
The Board may approve an application upon finding
that the building or structure for which the permit is requested,
if erected or altered in accordance with the submitted plan:
(1)
Would be in harmony with the purposes of this chapter as enumerated in Subsection A of this section;
(2)
Would not be visually offensive or inappropriate by
reason of incompatible color, material, poor quality of exterior design
or appearance or visual or architectural discord in relation to the
site or surrounding properties in the immediate vicinity;
(3)
Would not mar or adversely affect the appearance of
the area; and
(4)
Would not be detrimental to the character of the neighborhood.
C.
In approving an application, the Board may impose
appropriate conditions and safeguards designed to prevent or minimize
harmful effects of the proposed construction or alteration.
D.
Disapproval of application.
(1)
The Board may disapprove any application for a permit, provided that it finds and states that the building or structure for which the permit is requested would, if erected or altered as proposed, cause one or more of the harmful effects enumerated in Subsection B of this section.
(2)
Prior to disapproving any application, the Board shall
afford the applicant an opportunity to meet with it and discuss suggestions
for changes in the application. The applicant will thereafter have
a period of 30 days to submit a revised application in conformity
with the Board's suggested changes.
A.
Purpose. These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 16A-6. In rendering its judgments, the Board may invoke standards which are not specifically encompassed within guidelines, provided that the standards are consistent with the guidelines.
[Amended 12-5-2019 by L.L. No. 11-2019]
B.
Massing.
[Amended 12-5-2019 by L.L. No. 11-2019]
(1)
Large undifferentiated volumes and/or wall surfaces are prohibited.
(2)
Abrupt transitions between volumes of a building shall be avoided.
(3)
In single-family dwellings, pitched roofs are required for not less
than 3/4 of the surface area of the building's roof structure.
(4)
Pitched roofs should consist of at least two sloped surfaces except
when adjoining higher vertical surfaces (i.e., shed, roofs). Neither
sloped surface should be less than 1/3 the length of the longer side.
(5)
Pitched roofs shall have a minimum pitch of 1:3 except for dormers
and shed roofs.
C.
Materials.
(1)
Designs
will rely on a limited palette of materials for the main body of the
building. These materials will be limited to: i) brick, brick veneer,
cement products with the appearance of brick; ii) cement stucco; iii)
stone, stone veneer, cement products with the appearance of stone;
and iv) wood shingles or wood clapboard. These materials may be used
individually or in combination thereof. When appropriate, these surfaces
shall be relieved by trim, molding and other decorative elements such
as shutters and other design elements.
[Amended 12-5-2019 by L.L. No. 11-2019]
(2)
The
Board strongly encourages the use of durable and enduring materials
with proven performance. In particular, cladding and roof systems
will be reviewed for durability and the quality of their technical
design as well as their appearance.
D.
Landscaping. The use of evergreen plant material (e.g., pine, cedar, hemlock, holly, laurel, yew, pachysandra, myrtle, etc.) is required to ensure that any planned visual buffers function effectively year-round. All applications for the removal of trees shall be governed by the standards set forth in § 51A-6.
[Amended 12-5-2019 by L.L. No. 11-2019]
E.
Garages. If located in a front elevation of a residential
building, the door or doors of a garage shall not have a total horizontal
dimension which exceeds 50% of the horizontal dimension of the front
elevation of the residential building.
F.
Mechanical equipment. Exterior mechanical equipment
should be indicated on all drawings and should be properly shielded
from view of all streets and adjacent properties.
G.
Color. The Board encourages the use of colors, singly
or in combination, which are consistent with the visual character
of the existing buildings and landscape of the Village. Strident color
schemes and/or colors which compete with the colors of the natural
landscape are strongly prohibited.
[Amended 12-5-2019 by L.L. No. 11-2019]
H.
Style.
(1)
In general, adjacent structures shall not be identical
or mirror images of one another.
(2)
The massing and style chosen for buildings should
be suitable and appropriate within the context of adjacent existing
buildings.
(3)
With any submitted design, the massing, size and shape
of all openings, decorative trim and ornamentation should be stylistically
consistent.
J.
Mounted fixtures on roofs. Roof-mounted lighting or electrical fixtures
should not be visible when standing on any public right-of-way within
200 feet of the subject property unless said fixtures do not have
a negative visual impact on the character of the neighborhood as determined
by the Board. In no instance shall solar panels or dish antennas be
visible from the street when standing on any public right-of-way within
200 feet of the subject property. Skylights may not be placed along
the front of the building. Where they are allowed, they may not rise
more than six inches above the roofline. All roof-mounted fixtures
shall require approval by the Board and a building permit.
[Added 3-4-2021 by L.L.
No. 1-2021]
[Amended 12-5-2019 by L.L. No. 11-2019]
If, within 90 days after the date on which an application has been duly referred to the Board, or after a revised application has been submitted in accordance with § 16A-6D(2), or such longer period as may be consented to by the applicant, the Board has not acted on the application, the application shall be deemed approved.
Within 30 days of the filing of a decision of
the Board with the Village Clerk, any person aggrieved by such decision
may appeal it to the Board of Trustees, which may reverse, modify
or affirm the action of the Board.
The Building Inspector shall not issue any permit
unless the application has been approved by the Board or Board of
Trustees. In the event that the Board or Board of Trustees approves
an application on conditions, the Building Inspector shall not issue
any permit until all changes in the plans have been made to conform
to such conditions and unless all such conditions have been met or
complied with. Unless otherwise extended by the Board or Board of
Trustees, the approval expires 90 days from the date that the decision
is filed in the Village Clerk's office, and, thereafter, the Building
Inspector shall not issue a building permit. A request by the applicant
for an extension of time to obtain the permit shall be made within
the initial ninety-day period in which to obtain the permit.
The Building Inspector shall not issue a certificate
of occupancy or a certificate of completion until, in addition to
all other required inspections, the Chair or its designee shall inspect
the building or structure and certify that it has been completed in
accordance with the plans that were approved by the Board.
[Amended 12-5-2019 by L.L. No. 11-2019]
A.
A fee schedule shall be established by resolution of the Board of
Trustees. Such fee schedule may thereafter be amended from time to
time by like resolution. The fees set forth in, or determined in accordance
with, such fee schedule or amended fee schedule shall be charged and
collected in connection with applications submitted to the Board.
B.
All fees specified in the fee schedule shall be paid to and collected
by the Village Clerk simultaneously with the filing of any application.
The particular application shall not be deemed filed until said fees
shall be paid and until the other requirements of this chapter have
been complied with.
C.
The payment of fees specified in the fee schedule shall not preclude
the payment of fees required under other provisions of the Code of
the Village of Russell Gardens or Village rules and regulations, or
fees required to be paid to any other governmental or quasi-governmental
agency or any sewer or water district having jurisdiction in the premises.
D.
The fees specified in the fee schedule shall not be refunded, except
when an application has not been processed by the Village and a written
request for a refund is submitted to and approved by the Board of
Trustees.
