[Adopted 6-18-1984 by L.L. No. 1-1984; amended in its entirety 6-26-2003 by L.L. No. 13-2003]
It is hereby found that the destruction and
damage of stone walls abutting Broadway and the stone walls on the
following streets: Bridge Street, East and West Sunnyside Lane, Fargo
Lane, Abbott House driveway, Main Street, North Eckar Street, South
Cottenet Street, North and South Buckhout Streets, Dows Lane, West
Clinton Avenue and Harriman Road (the “stone walls”),
would diminish the historic character of the Village, reduce property
values and adversely affect the health, safety and general welfare
of the inhabitants of the Village. The stone walls constitute a scenic
resource, and it is the purpose of this article to protect this resource.
A.
No person shall, without first obtaining site plan
approval from the Planning Board and/or a permit from the Building
Inspector as herein provided, either purposely or negligently, remove,
destroy, tear down, or otherwise damage or modify or commit any other
affirmative act which will lead to the eventual modification or repair
of the stone walls or any part thereof. Permits or approvals issued
for any other purpose by the Village shall not be valid for this purpose.
B.
Notwithstanding any other provision of this article, any person, corporation, partnership or similar entity whose plans require the repair or modification of such stone walls on the property shall first apply to the Building Inspector for a permit. The Building Inspector will review applications and determine whether the proposed action contemplated by the applicant is a repair or modification of a stone wall. If the Building Inspector determines that the applicant proposes a repair to a stone wall then the Building Inspector, in his sole discretion, shall determine whether or not such repair is necessary. The Building Inspector may grant or deny such application on such terms and conditions as it may prescribe and in accordance with Chapter 224, Article XIV, of the Village Zoning Code and subdivision regulations of the Village. If the Building Inspector determines that the proposed action to such stone walls is a modification of such stone wall then the Building Inspector shall refer the matter to the Planning Board, which shall review the proposed modification of the stone wall under the provisions of site plan development plan approval and this article.
C.
If and when the Planning Board approves the modification
of such stone wall in the Village, the Building Inspector will then
grant the applicant a permit in accordance with Planning Board resolution
permitting such action.
A.
Removal or modification of stone walls may be granted
under the following circumstances:
(1)
If the stone walls are weakened by age, storm, fire
or other injury such that they pose a safety hazard to the public
or the person or property owner or threaten to cause disruption of
public services.
(2)
If the stone walls substantially interfere with a
permitted use of the property such that denial of a permit would cause
undue hardship to the landowner as determined by the Planning Board
under the site development plan process.
B.
The determination of the Building Inspector or Planning Board shall be final and shall depend upon considerations of general welfare and the hardship imposed on the property owner by denial of the permit, except that it shall be subject to such review as is authorized by § 184-4H.
C.
In the event that the Building Inspector determines
that the stone walls or a part thereof is hazardous to life or property,
the Building Inspector shall have the right to waive all notices as
required under this article and to grant immediate approval for the
removal of said stone walls or section thereof. In the event that
such approval is granted, the Building Inspector and/or Planning Board,
subsequent to the destruction of said stone walls, shall have the
authority to require complete compliance with all other provisions
of this article as applicable thereto.
A.
Any person desiring a permit or approval hereunder
shall apply to the Building Inspector and follow the procedures as
set forth above.
B.
All applications for permits hereunder shall be made
in writing and verified under oath upon forms prescribed and approved
by the Board of Trustees. The fee for each application shall be as
set from time to time by the Board of Trustees and payable upon submission
of the application.[1]
[Amended 8-18-2003 by L.L. No. 20-2003]
C.
The application shall be accompanied by a written
statement and detailed plans, including a description of the location
and condition of said stone wall and the reasons for repairing, removing,
or modifying said stone wall. In addition, all property owners within
250 feet shall be notified by U.S. mail or a delivery service company
(by a method providing proof of mailing or delivery) of the application
by the applicant in accordance with the following procedures:
[Amended 4-7-2014 by L.L. No. 10-2014]
(1)
The notices shall contain the name of each record
and beneficial owner of the property for which the permit is sought.
(2)
The applicant shall submit an affidavit with his application
stating that written notice of the application has been given by certified
mail to all affected property owners with respect to the property
for which a permit is sought.
(3)
The Building Inspector and/or the Planning Board may
not consider any application for a permit or approval prior to the
satisfaction of the notice requirements of this section.
D.
The Building Inspector and/or Planning Board may require
additional information, such as the proposed replacement of design
of the street frontage area where the stone walls are to be repaired
or modified (e.g., proposals for restoration of the stone walls or
replacement of the stone walls with trees, gates or any other suitable
materials).
E.
The Building Inspector and/or Planning Board shall,
prior to the issuance of a permit by the Building Inspector or an
approval by the Planning Board, require that a person or firm furnish
the Village with a performance bond as approved by the Village Attorney
in an amount sufficient to cover 90% of the greater of the cost of
replacement or restoration work to be completed in accordance with
the plans accompanying all applications or the costs in accordance
with plans as required by the Building Inspector and/or the Planning
Board. The remaining 10% of the cost of restoration and replanting
(e.g., replant any and all bushes and/or trees removed as a result
of the modification of the stone wall) shall be in cash, deposited
in a special stone wall preservation escrow account. The total amount
of the bond and cash deposit shall reflect all restoration and protection
costs and shall be in accordance with each set of individual circumstances.
Upon the completion of all replacement or restoration work to the
satisfaction of the Building Inspector, the performance bond shall
be canceled and replaced with a maintenance bond to be approved by
the Village Attorney and to run for a term to be fixed by the Building
Inspector, but in no case for a period longer than two years. The
ten-percent cash in escrow shall remain on deposit with the Village
until the maintenance bond is canceled regardless of whether or not
the maintenance bond is an amount less than the ten-percent cash.
F.
No stone walls shall be destroyed pursuant to a validly
issued permit for a period of 15 days from the date of the issuance
of said permit.
G.
All decisions of the Building Inspector and/or the
Planning Board approving applications pursuant to this article shall
be sent by the applicant by certified mail, return receipt requested,
within seven days to all property owners within 250 feet of the area
in question and to the Environmental Conservation Board.
H.
Any person, firm, organization or corporation aggrieved,
affected or interested in the determination or decision of the Building
Inspector shall have the right, within 10 days from receipt of the
decision, to appeal to the Board of Trustees, which shall review the
decision. Any decision or determination of the Building Inspector
which is appealed to the Board of Trustees shall be automatically
stayed pending review by the Board of Trustees. Any person, firm,
organization or corporation aggrieved, affected or interested in the
determination or decision of the Planning Board shall have the same
rights as it would under site development plan approval.
I.
The Building Inspector and the Planning Board reserve
the right to refuse permits for stone wall repair or modification
if they feel that the best interests of the public are not served
by the proposed development. The Building Inspector may further revoke
any permit if the work is not proceeding according to the permit and
in an orderly and diligent manner.
J.
Any permit granted by the Building Inspector under
this article is valid for six months.
A.
All persons who remove or cause to be removed stone
walls, with or without a permit, shall restore the area by backfilling
all holes and by creating an acceptable grade and covering, subject
to approval of the Building Inspector. In addition, all persons removing
or causing a stone wall to be removed without a permit shall replace
the stone wall to the sole satisfaction of the Building Inspector
before applying for a permit to remove said stone wall.
B.
The Building Inspector shall require maintenance as
necessary or desirable for the upkeep of any stone walls, trees, plants,
shrubbery or other structures emplaced to replace the modified stone
wall. Should the permit holder fail to comply with the permit or the
site plan approval pursuant to demand from the Building Inspector
or the Planning Board within the required period of time, the Board
of Trustees shall have the right to declare the maintenance or performance
bond in default and apply the escrow cash deposit and the proceeds
of the bond to perform all required replacement or restoration work.
By accepting a permit, the holder thereby agrees to this procedure
and grants unconditional access to the land for such restoration purposes.
If any work is done by the Village, its agents, or assigns, the applicant
automatically agrees to indemnify and hold harmless the Village, its
agents, and assigns for any and all claims.
A.
Any person, firm or corporation violating any of the
provisions of this article shall commit an offense, the fine for which
shall not exceed $1,000.
B.
Civil penalty. In addition thereto, any persons, firm
or corporation violating any provision of this article shall be subject
to a civil penalty enforceable and collectible by the Village in the
amount of $200 for each and every day that the violation continues.
In addition, the violator will be required to restore the stone walls
or furnish an acceptable substitute to maintain the scenic appearance
where the stone wall was removed to the sole satisfaction of the Building
Inspector.
The Building Inspector of the Village of lrvington
shall enforce this article, except where such enforcement is vested
with the Department of Public Works by the laws of the State of New
York.
All stone walls on Village property are exempt
from the provisions of this article.
