AUDUBON
ASSOCIATION
ARCHITECTURAL
GUIDELINES
A FEW WORDS ABOUT
DESIGN CONTROLS
Most automatic-membership community associations have the power of design review or architectural control and it is as basic a function as maintenance of common areas. Properly exercised, design review can create and preserve an attractive, livable community.
Failure to exercise design review properly can create major problems for a community in the form of misunderstanding and controversy among the residents, inconsistencies and unfairness in treatment, a multitude of real or imagined violations and, possibly, expensive and protracted court cases. Additionally, the association and its members may suffer major property value losses if design review is absent or ineffective.
An essential element of successful design review is a recognition by all members of the community that it is a benefit and not a burden. Design review is, at best, an imperfect art and the community will not tolerate, let alone support, a review process unless it is clearly understood and it works effectively and fairly. A properly operated system of design review will yield substantial benefits to all.
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TABLE OF CONTENTS
Introduction…………………………………………………………………………………_____
Design Provisions of the Audubon Declaration………………………………………._____
What must be Submitted for ASC Approval……………………………………………------
Amendments to the Architectural Guidelines…………………………………………------
Committee Review Criteria……………………………………………………………..------
How to make Application to the Committee…………………………………………..------
Guidelines…………………………………………………………………………………------
Special Note: Town of Amherst Approval……………………………………………------
Major Exterior Alterations (including Parking Areas)……………………………..------
Maintenance Standards for Audubon………………………………………………..------
Signage…………………………………………………………………………………..------
Fencing…………………………………………………………………………………..------
Storage Sheds and other UtilityBuildings…………………………………………------
Patios, Decks, Exterior Recreational Facilities…………………………………..------
Swimming Pools………………………………………………………………………. ------
Miscellaneous…………………………………………………………………………..------
Air Conditioners, Generators, Compressors, & Heat Pumps
Antennas (T.V. Satellite Dish, and Radio)
Roof-top Fixtures, HVAC Equipment
Furnaces, Incinerators, Chimneys & Metal Flues
Exterior Color Changes
Flagpoles
Gutters and Downspouts
Street Address Numbers
Mailboxes
Permanent Barbecues
Retaining Walls
Shutters
Tree Removal
Landscaping
AUDUBON ASSOCIATION DESIGN CONTROLS
FOR OFFICE AND COMMERCIAL PROPERTIES
INTRODUCTION:
The purpose of this guide is to explain the interpretations of the Audubon Declaration of Protective Covenants, Conditions, and Restrictions made by the Audubon Association Architectural Standards Committee (ASC). This guide in no way replaces the Audubon Declaration. Future amendments to the Declaration not reflected by this guide, and all individual decisions made by the ASC shall take precedence.
This guide was prepared by the Architectural Standards Committee of Audubon. Questions on any of the contents herein may be directed in writing to:
Audubon Association, Inc.
700 Robin Road/PO Box 620
Getzville, New York14068
All owners and tenants of office space and commercial buildings in Audubon benefit from the planning and design that have been an important part of the new community's development.
The intent of these Commercial Design Controls is to assure that the standards of design quality will be maintained and the work-place and Residential Environments of Audubon will be preserved and enhanced.
This document concerns only exterior alterations made to office or commercial property subject to the Audubon Declaration after original development issuance of a Certificate of Compliance. It is meant to reinforce and interpret the Protective Covenants of the Audubon Declaration.
DESIGN PROVISIONS OF THE AUDUBON DECLARATION
Basic control for maintaining the quality of design in Audubon comes from certain provisions of the Declaration of Protective Covenants, Conditions and Restrictions -- AUDUBON, (the "Audubon Declaration" or the "Declaration"), which apply to all buildings, commercial or residential, which are subject to the Declaration. The covenants of the Audubon Declaration "run with the land". The covenants which relate to building design and use are included in Appendix A.
The Audubon Declaration established an Architectural Standards Committee (the "Committee") of the Association. The Committee insures that proposed exterior alterations to buildings in Audubon comply with the standards set forth in the Declaration. This involves the regular review of all applications for exterior alterations submitted by property owners or tenants.
WHAT MUST BE SUBMITTED FOR
ARCHITECTURAL STANDARDS COMMITTEE APPROVAL?
Article VII, Section 8/.03 of the Audubon Declaration requires Architectural Standards Committee approval of all exterior alterations:
"After issuance of a Certificate of Compliance with respect to a Parcel or any portion of the Property, no addition, modification or alteration shall be made on or to such Parcel or other portion of the Property or the Improvements located thereon, nor shall the use thereof designated by the Certificate of Compliance be changed unless and until a plan or plans have been submitted to, and reviewed and approved by the "Architectural Committee."
It is important to understand that Committee approval is not limited to major alteration, but includes such items as changes in color and materials, etc. Approval is also required when an existing item is to be removed. Each application is reviewed on an individual basis. There are no "automatic" approvals. In every case, an application must be submitted and reviewed in order to consider specific implications of location and impact on surroundings.
AMENDMENTS TO THE ARCHITECTURAL GUIDELINGS
These guidelines may be amended. It is anticipated that the changes will be primarily additive and will not involve substantive changes of existing guidelines. However, these too may be amended to reflect changed conditions or technology.
The Committee will conduct timely evaluation of the guidelines to determine if amendments are required. Property owners or tenants may also submit to the Committee requests for additions or changes to the guidelines. The actual amendment proceedings will involve public discussions and acceptance by the Board of Directors of the Audubon Association.
COMMITTEE REVIEW CRITERIA
The Architectural Standards Committee evaluates all submissions on the individual merits of the application. Besides evaluation of the particular design proposal, the Committee considers the characteristics of the existing building (s), the individual site, and surrounding properties since what may be an acceptable design for an exterior in one instance may not be in another.
Design decisions made by the Committee in reviewing applications are not based on personal opinion or taste. Judgments of acceptable design are based on the following criteria which represent in more specific terms the general standards of the Audubon Declaration:
Relation to the Audubon Open Space Concept - Fencing in particular can have damaging effects on open space. Other factors such as removal of trees, disruption of the natural topography and changes in rate or direction of storm water run-off also adversely affect Audubon's open space.
Conformance with the Declaration- All applications are reviewed to confirm that the project is in conformance with the Protective Covenants, Conditions and Restrictions of the Audubon Declaration.
Validity of Concept - The basic idea must be sound and appropriate to its surroundings.
Design Compatibility - The proposed improvements must be compatible with the architectural characteristics of the existing building (s), neighboring buildings and the surrounding setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details.
Location and Impact on Neighbors - The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. Primary concerns include access, view, sunlight, ventilation and drainage. When a proposed alteration has possible impact on adjacent or affected properties, the applicant will obtain agreement for the proposal with owners of those properties, prior to making application to the Committee. Comments from neighboring owners should be submitted along with the application.
Scale - The size (in three dimensions ) of the proposed alteration should relate will to adjacent structures and its surroundings.
Color - Color may be used to soften or intensify visual impact. Parts of the addition that are similar to the existing building (s) such as roofs and trim should be matching in color.
Materials - Continuity is established by use of the same or compatible materials as were sued in the original building.
Safety and Workmanship - Safety and workmanship are other standards which are applied to all exterior alterations. The quality of work should be equal to or better than that of the existing building. Poor construction practices, besides causing the owner problems, can be visually objectionable to others. Poor workmanship can also create safety hazards. The Audubon Association assumes no responsibility for the safety of new construction by virtue of Committee review of design or workmanship.
Construction Process - Projects which remain uncompleted for long periods of time are usually objectionable and can be a nuisance and safety hazard for neighbors and the community. All applications must include estimated completion dates. If such time period is considered unreasonable, the Committee may disapprove the application. contractors should follow the normally acceptable practices for securing the worksite.
HOW TO MAKE APPLICATION TO THE COMMITTEE
Application for exterior changes may be obtained from the Audubon Association Office at 700 Robin Road/PO Box 620Getzville, NY 14068. Completed applications should be sent to this address for forwarding to the Architectural Standards Committee for review at its next scheduled meeting. According to the Declaration, the Committee can take up to 35 days for review.
The application form (Appendix B), indicates the information the Committee requires. If the application is not clear, or lacks information, the Committee may defer its decisions and request the applicant to submit a new or revised application.
Site Plan - A site plan should be submitted on a copy of the property survey. Proposed changes should be indicated including dimensions and distances from adjacent properties. Photographs taken in each direction and showing surrounding buildings should also be submitted.
Materials and Color- Samples of the materials and colors to be used and an indication of the existing colors and materials should be provided. It should be indicated whether the proposed addition, for examples is to match materials and colors of existing structures.
Architectural Drawings and Photographs - Architectural drawings should be submitted if photographs or renderings of the proposed modification are available, they should also accompany the application.
The amount of detail should be consistent with the complexity of the proposal. The proposal should be accompanied by drawings, photos and a written description as required. Relationships of major architectural features such as existing and proposed roof lines, window sizes and alignment, building heights, roof slopes,
mechanical equipment locations, etc. should be shown as they affect the existing buildings.
GUIDELINES
The guidelines which follow address a broad range of exterior alterations. Since it is impossible to address each specific design condition, these guidelines are presented a "performance criteria" which define the principal factors which should be considered when developing a design solution. For example, guidelines define the limits of the size, location, quality of construction, materials and color based on intended use and relationship to adjoining properties and surrounding areas rather than a particular construction detail or specific design alternatives.
The individual merits of each application are always considered by the Committee. The use of these guidelines should assist the applicant in gaining timely approval. The applicant who follows the guidelines should expect approval or rationale as to why the application was not approved.
These guidelines should in no way restrict applicants in design of well thought-out alternative approaches.
SPECIAL NOTE - - TOWN OF AMHERST APPROVALS
Many items require Town of Amherst review and permits. It is the applicant's responsibility to obtain any and all Town approvals. Town authorities should be contacted prior to beginning any work in order to verify what procedures must be followed and obtain any required permits. Town approval does not preclude the need for Committee approval and vice versa.
LOT COVERAGE
In conformity with the original intention of Audubon development, the following guidelines on lot coverage should be maintained to prevent the overcrowding of land within the office area. The guidelines control the intensity of different types of land use. Coverage for both building and paved area (parking, loading, and circulation) should not exceed 65%, thereby reserving a minimum of 35% for landscaped areas after completion of any future expansion. (Based on Audubon New Community Design Controls for Office Development, Revised 1991). Minimum setbacks to preserve greenspace should be maintained as follows:
25' Front
10' Side 40' Rear
MAJOR EXTERIOR ALTERATIONS (INCLUDING PARKING AREAS)
Major alterations are generally considered to be those which substantially alter the existing structure either by subtraction, addition and /or alteration. however, other site changes such as driveway and parking lot modifications are also included.
The design of major alteration should be compatible in scale, materials, and color with existing buildings and adjacent properties.
Major features of the existing building, such as vertical and horizontal lines, projections and trim details, should be reflected in the design of the addition.
The location of major alteration should not impair the views or amount of sunlight and natural ventilation of adjacent properties.
Pitched roofs should match the slope of the roof on the existing building.
New windows and doors should match the type used on the existing building and should be located in a manner which will relate well with the location of exterior openings in the existing building.
If changes in grade or other conditions which will affect drainage are anticipated, they must be indicated. Generally, approval will be denied if adjoining properties are adversely affected by changes in drainage. Construction materials and debris should be removed in a timely manner.
Garages and Carports - Garages and carports should relate appropriately to the existing building and its environment. Specific site and design considerations will be evaluated on their individual merits. Roof configuration and ridge lines should relate to those of the existing building.
Driveway and/or Parking Lots- Where possible, access to corner lots shall be from least traveled street. Only hard stabilized surfaces such as asphalt will be approved. Care must be exercised in any drainage changes.
Parking areas should be considered as structures since they represent a three-dimensional appearance when occupied. Location or parking shall be determined not only from its visual relationship to building and site, but also as it relates to safe and convenient pedestrian and vehicular circulation patterns. A minimum of 1 space per 200 square feet of new floor area is required. The majority of parking and all loading is to be provided in the rear of least visible area of the site. Parking areas should include planted islands. Landscaping (buffer areas, berms, etc.) should substantially screen the view of parked cars from the street. There should be a minimum of 10 feet of green area surrounding the periphery of paved areas adjacent to buildings.
Application to the Committee should include:
Preliminary Application:
- Major alterations represent a substantial undertaking both in terms of cost and advance planning. Therefore, it is recommended that a preliminary application for conceptual approval be submitted.
- The preliminary application should include as much information as practical but must include a site plan showing dimensions, elevations, relation to the existing building, adjacent property, and property lines.
Final Application:
- The final application be a duplicate of those documents which are to submitted to the Town of Amherst for building permit. They should also include colors, materials, and drawings, or photographs as required to illustrate the relation of the alteration to the existing building and adjacent properties where necessary.
- Estimated completion date.
MAINTENANCE
Section 9.01 of the General Covenants and Restrictions of the Declaration outlines the responsibility of property maintenance. It stipulates maintenance of all structures and grounds which are part of individual properties. This includes, but is not limited to, items such as seeding, watering, and mowing of lawns, pruning and cutting of trees and shrubbery, painting and other appropriate external care. Maintenance affects the visual character and economic values of the property and neighborhood. In some cases, it affects safety.
The Association has adopted the following procedures and sanctions which take into consideration the best interests of the Association members and the preservation and maintenance of the value and amenities of the property (see Section 11.08 of Declaration).
The pruning and cutting of trees and shrubbery should be done in a manner and with such frequency as is consistent with good property management. no tree having a diameter of 4" or more, measured four (4) feet above ground level, nor any tree or shrub planted in compliance with the original and approved building plans shall be removed without permission of the Architectural Standards Committee (ASC). Lawns should be maintained in a manner consistent with good property management and should not be allowed to grow over four (4) inches in height.
Painting, staining, and other appropriate external care should be done in a manner and with such frequency as is consistent with good property management. The following conditions, for example, would require timely correction: excessive weathering, damage, or discoloration of exterior surfaces, including roofing, gutters or downspouts, garage doors, broken windows, etc.
In the case of maintenance which does not meet the standards outlined in the previous paragraph, the Association may notify the owner of the property in writing, identifying the deficiencies and the required corrections and providing for a reasonable amount of time (usually 30 days) to correct the deficiencies. In the case of the mowing of lawns, however, a reasonable amount of time will be seven (7) days. If corrections are not made by the end of the provided time period, the Association may take remedial action at the expense of the owner (see Section 11.05 of the Declaration).
SIGNAGE
The design and placement of signs and their lighting are very important and should be thoroughly studied. In general, the company's logo or graphics can be used, but their scale, color, lighting, and visibility must be carefully considered. Moving or flashing signs are prohibited. Locations of signs will be generally limited to two (2) areas: The building façade and the curbside near the entrance.