[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 2-16-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 6,
Architectural Review Board, adopted 11-14-1984 by L.L. No. 8-1984,
as amended.
A.
There
is hereby created an Architectural Review Board (the "Board"), which
shall consist of five residents of the Village and an additional resident
to be designated an alternate member appointed by the Mayor with the
consent of the Board of Trustees. The Mayor shall designate which
member of the Architectural Review Board shall be the Chairperson
of the Board subject to the approval of the Board of Trustees, and
the person so designated shall serve as Chairperson until the end
of the official year in which such appointment is 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 by a resident of the
Village appointed by the Mayor with the consent of the Board of Trustees.
B.
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.
Findings
and purpose. It is the purpose of this chapter to preserve and promote
the traditional 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 materials and good appearances and
to relate such design, materials and appearances to existing buildings
and structures on the site and to other buildings and structures within
the Village deemed to exhibit good qualities of exterior building
design and material, and to prevent such design and appearances as
are inappropriate and inconsistent with the traditional character
of the Village by reason of poor quality of exterior design or materials,
monotonous similarity or visual discord in relation to existing buildings
or structures on the site or other sites within the Village deemed
to exhibit good qualities of exterior building design and material.
A.
Meetings
of the Architectural Review Board shall be held at the call of the
Chairperson and any two members and shall be open to the public except
where otherwise permitted by the Open Meetings Law. The Board may
conduct a public hearing on any matter before it when it deems the
same to be in the public interest. If a public hearing is scheduled
at least one week prior thereto, public notice shall be given at least
72 hours before such meeting, and, if a public hearing is scheduled
less than one week prior thereto, to the extent practicable, public
notice shall be given at a reasonable time prior thereto. A majority
of the Board shall constitute a quorum for the transaction of business.
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. Such records shall be kept in the Village
Office. The Board may, from time to time, adopt and amend rules of
procedure not inconsistent with law or the provisions of this chapter.
B.
The
Board shall meet within 45 days after the referral to the Board of
an application for a permit, as required in § 6.3C.
(1)
All necessary materials as described in § 6.4 must be filed
with the Village Clerk 30 days prior to the next regularly scheduled
meeting of the Board.
(2)
At least 10 days prior to such meeting, the applicant for such permit
shall give written notice of such meeting to all owners of property
within 200 feet of the property which is the subject of the application,
by certified mail, return receipt requested, as indicated on the most
recent assessment roll of the Village. Proof of mailing of such notice
shall be filed with the Village Clerk no later than five days prior
to such meeting, and returned certified mail receipts shall be filed
with the Village Clerk no later than one day before the meeting.
C.
The
Village Clerk shall post notice of all meetings of the Board in at
least three conspicuous locations in the Village, including a public
bulletin board maintained at the Village Hall.
A.
Within
14 business days or as soon as practicable after an application for
a permit involving the exterior appearance of a new or existing building,
or a group of such buildings, or of the appearance or physical shape
of the land is made to the Building Inspector, upon the Building Inspector's
approval of the application, the Building Inspector shall refer said
application to the Village Clerk, who shall promptly transmit the
same to the Chairperson or, in the absence of the Chairperson, to
another duly appointed alternate member of the Board or, alternatively,
the Village Building Commissioner. The Chairperson or alternate shall
summarily review the application and determine within a reasonable
period of time whether further review by the Board is required or
appropriate.
B.
Such
further review shall be required if the application is for construction
of any new building or structure or for an addition to or reconstruction
or alteration of any existing building, including exterior color changes
to roof, siding, moldings, capping, fascia or soffits, or structure,
in such a manner as to change the exterior character or appearance
of the building or structure and for the installation of any paved
surface, such as concrete or asphalt, or the use of any other material,
such as gravel, stone or compacted soil, to create, alter or enlarge
a driveway or any other area used for the parking of vehicles of any
kind. Further review may be required by the Chairperson or alternate
in any other instances the Chairperson or alternate deem appropriate.
C.
Any
determination by the Chairperson or alternate not to conduct further
review shall be communicated to the Board of Trustees and Building
Commissioner, anyone of whom may, within 10 days after such communication,
overrule such determination and require further review.
D.
Where
further review by the Board is to be conducted, such review shall
be in accordance with the standards set forth in this chapter. Upon
completion of such review, the Board may recommend approval or disapproval
of any matter referred to it by a concurring vote of a majority of
the entire Board.
A.
In
addition to any other plans, applications and specifications required
by the Building Inspector, the initial submission to the Board shall
include the following:
(1)
Eight copies of the 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.
(a)
For all proposed new buildings and structures, the plans must identify
the architectural style of the proposed new buildings and structures,
and:
[1]
For each significant feature of the proposed new building or
structure, provide exemplars from an authoritative source of the features
in use in a building of the identified style; and
[2]
For each color to be used on the proposed new building or structure,
provide exemplars from an authoritative source of the color pallet
in use in a building of the identified style.
(b)
For all alterations of existing buildings and structures, the plans
must identify the architectural style of the existing buildings and
structures and the architectural style of the building or structure
when the proposed alterations are completed, and:
[1]
For each significant feature of the building or structure when
the proposed alterations are completed, provide exemplars from an
authoritative source of the features in use in a building of the identified
style. When the building does not have a discernable distinct architectural
style, exemplars will be required at the Board's discretion; and
[2]
For each color to be used on the proposed new building or structure,
provide exemplars from an authoritative source of the color pallet
in use in a building of the identified style.
(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 plot plan dated within 30 days of the submission date prepared
by a New York State-licensed surveyor depicting the following:
(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)
All spaces for the parking of vehicles must be designated on a driveway
plan. No parking spaces may be created without a review of the Architectural
Review Board, approval by the Police Department and final approval
of the Board of Trustees.
B.
Subsequent
to the initial submission, and where the Board determines that further
review of the application is required, a subsequent submission to
the Board shall include:
(1)
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.
(2)
Color photographs of the two houses to each side and all houses within
a one-hundred-fifty-foot radius, including the front and rear.
(3)
Topographical map prepared by a New York State-licensed surveyor
depicting proposed grading with finished elevations, mean ground level,
mean street curb level, and first-floor elevations as well as the
current topography of the site.
(4)
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:
(5)
A two-point perspective color rendering, to scale, of the proposed
dwelling and the houses on either side.
(6)
All planned parking areas for vehicles. No parking areas are permitted
which are not adjacent to an approved curb cut and with direct access
to the driveway.
C.
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.
The
Board shall take into account that the Village is a community of traditional
architectural styled homes when it considers the following standards
for the recommendation for approval of an application:
(1)
The natural features of the site and surrounding areas;
(2)
All modifications to the site;
(3)
The position of the total living structure, and accessory structures
on the site;
(4)
Major changes of all structures to adjacent properties;
(5)
Changes to curb cut position and size, and driveway position and
size;
(6)
Proportion of window to wall on front and side elevations consistent
with house style;
(7)
The setting of the house on the lot;
(8)
The exterior design and appearance of existing structures;
(9)
The character of the site and area;
(10)
The traditional character and appearance of other structures in the
Village.
B.
The
Board may recommend approval of 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, materials, or appearance
or visual or architectural incompatibility with traditional architectural
styles in relation to the site or surrounding properties in the immediate
vicinity;
(3)
Would not mar or adversely affect the appearance of the area;
(4)
Would not be detrimental to the character of the neighborhood; and
(5)
Would not be inconsistent with the existing overall style of the
dwelling.
C.
In
recommending the approval of 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 recommend disapproval of 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 recommending disapproval of 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 up to 60 days to submit a written request with the revised
application in conformity with the Board's suggested changes. Failure
of the applicant to act within the 60 days will result in the cancellation
of the application.
A.
Purpose of these guidelines. 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 § 6-5B. In rendering its judgments, the Board remains at liberty to depart from and may invoke standards which are not encompassed within these guidelines.
B.
Massing,
roofs and walls.
(1)
Large undifferentiated volumes and/or wall surfaces must be avoided.
(2)
Abrupt transitions between volumes and wall surfaces of a building
must be avoided if they are not in keeping with the style of the dwelling.
(3)
Single-family dwellings shall be designed with pitched roofs.
(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 1:4, and may be greater,
except at dormers.
(6)
There shall be no shed roofs on main dwellings.
(7)
Siding on a dwelling shall be horizontal.
(8)
House numbers shall be compatible with style of dwelling.
(9)
The location of the dwelling on the premises shall be consistent
with the dwellings on either side of it.
(10)
Excessive volumes of glass to wall must be avoided.
C.
Materials.
(1)
Designs should rely on a limited palette of materials for the main
body of the building appropriate to the style of architecture identified,
such as brick, stone, stucco, wood, shingle, or a suitable combination
thereof. These surfaces should be relieved by their trim, trim color
and decorative elements, including shutters, molding or other decorative
ornamentation.
(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.
(3)
The Board strongly discourages the use of inferior materials such
as asphalt shingle, aluminum or fiberglass siding, artificial stucco,
faux wood, brick or stone veneers.
(4)
The use of inferior windows, particularly those utilizing vinyl window
frames or which have excessively large frames in comparison to the
surface glass area, is prohibited. Direct application to the Board
of Trustees may be made for exceptions to this rule.
[Amended 1-18-2023 by L.L. No. 1-2023]
D.
Landscaping.
The use of evergreen plant material (e.g., pine, cedar, hemlock, holly,
laurel, yew, pachysandra, myrtle, etc.) is encouraged to ensure that
any planned visual buffers function effectively year round. Artificial
plantings of any type are not permitted. Visual buffers including
fences shall separate a house from neighbors. Applicants shall use
landscaping to screen all foundation walls and air-conditioner units.
E.
Replacement
of trees. Applicants shall replace all trees, including Village trees
that are not located on the applicant's property, that are removed
as a result of construction and shall identify on the landscape plan
and on a chart thereon the number of trees that are being removed
and replaced. The Board may require that trees be planted on Village-owned
property.
F.
Landscape
bond. The applicant shall post a landscape bond in the amount of $25,000
to be issued before construction begins and released a year following
the planting of all plant material depicted on the landscape plan.
The applicant shall replace all plant material that did not survive
within the first year of planting as determined by the Building Inspector.
The applicant shall thereafter be required to maintain all trees and
other plant material approved on the landscape plan in perpetuity.
G.
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. No garage shall extend beyond the front
wall of the dwelling at the discretion of the Board.
H.
Mechanical
equipment. Exterior mechanical equipment should be indicated on all
drawings and should be properly shielded from view of all streets
and adjacent properties.
I.
Color.
The Board encourages the appropriate use of color, single or in combination,
which is consistent with the architectural style of the house, visual
character of the existing buildings and landscape of the Village.
Strident color schemes or colors which compete with those of the natural
landscape are strongly discouraged.
J.
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, if
deemed appropriate to do so by the Board.
(3)
With any submitted design, the massing, size and shape of all openings,
decorative trim and ornamentation should be stylistically consistent.
(4)
A garage, whether attached or detached, shall be consistent with
the style, color and materials of the dwelling.
K.
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 of Trustees. In no instance shall solar panels, dish antennae
or skylights be visible from the street when standing on any public
right-of-way within 200 feet of the subject property. All roof-mounted
fixtures shall require a building permit approved by the Board of
Trustees.
[Amended 10-16-2019 by L.L. No. 5-2019]
All recommendations or other actions by the Board shall be reviewed
by the Board of Trustees, who may affirm, reverse or modify such recommendations
or actions after fully considering the expressed rationale for any
recommendation or actions of the Board.
The Building Inspector shall not issue any permit unless the
application has been approved by the Board of Trustees. In the event
the 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. All building permits must be issued
within nine months of Board of Trustees approval; otherwise the Architectural
Review Board approval is void.
A.
For
all new construction and when required by the Building Inspector and
the Board of Trustees for alterations and additions, building construction
shall be administered by a design professional who will periodically
inspect the construction of such building. The permit application
and plans shall be signed by the design professional and shall have
his or her professional seal affixed.
(1)
The design professional shall provide to the Building Inspector and
Chairperson of the Board a copy of the contract authorizing said construction
administration.
(2)
The design professional shall provide a monthly inspection report
to the Building Inspector documenting the following:
(a)
The progress of construction including conformance with New York
State Building Code requirements and Village Zoning Laws;
(b)
The progress of design conformance including materials and architectural
elements of the building as approved by the Board; and
(c)
Notice of any variation from drawings approved by the Board and the
Building Inspector and an explanation as to whether such variation
has been approved by the design professional.
B.
In
the event that such design professional shall, for any reason, discontinue
his or her administration of the construction of the building at any
time prior to the completion, he or she shall notify the Building
Inspector of such fact, in writing, immediately, and thereupon the
building permit issued for such construction shall be suspended, and
no further work shall be done thereafter until an affidavit shall
be filed with the Building Inspector certifying that administration
of the construction has been resumed by another or the same design
professional.
C.
No
certificate of occupancy will be issued unless the design professional
administering the construction files a final certificate with the
Building Inspector, establishing and certifying that the building
was, in fact, erected and designed in conformity with the plans filed
with and approved by the Building Inspector and the Board.
Any person aggrieved by the action of the Board of Trustees
in disapproving a permit application or in approving an application
on conditions, or of the Building Inspector in denying a permit because
of such disapproval by the Board of Trustees, may, within 30 days
after the determination of the Board of Trustees, institute a proceeding
to review in the manner provided by Article 78 of the New York Civil
Practice Law and Rules.
In addition to any other fees provided or required by law, the
applicant shall pay to the Village Clerk a fee established by resolution
of the Board of Trustees for any application for a permit which requires
review by the Architectural Review Board. Such fee shall be paid before
any meeting of the Board to consider review of such application.
