[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:
ALTERATION
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]
BUILDING
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."
DRIVEWAYS
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]
MAJOR APPLICATION
[Added 12-5-2019 by L.L. No. 11-2019]
A. 
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.
B. 
When like kind materials are not available for facade finishes, the entire facade must be replaced and such application shall constitute a major application.
MINOR APPLICATION
[Added 12-5-2019 by L.L. No. 11-2019]
A. 
Repair or replacement of design elements with like kind materials.
(1) 
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.
(2) 
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.
(3) 
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.
B. 
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.
C. 
Replacement of design elements with different materials.
(1) 
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.
(2) 
If more than one design element is being replaced, the Board may treat the proposed changes as a major application.
STRUCTURE
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.
(2) 
Following the pre-hearing application process, the applicant shall file a complete application package as set forth in § 16A-5 and a public hearing will then be scheduled in accordance with § 16A-3D.
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.
I. 
Fences. All proposed fences must comply with § 60-59.2.
[Added 12-5-2019 by L.L. No. 11-2019]
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.