[HISTORY: Adopted by the Orangetown Town Board 7-28-1997 by L.L. No.
13-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Historical Areas Board of Review — See Ch. 18A.
Historic road preservation — See Ch. 19.
Zoning — See Ch. 43.
[1]
Editor's Note: This local law also repealed former Chapter
12, Establishing an Historic Area in Tappan, adopted 12-28-1965 by
L.L. No. 4-1965.
The Town Board of the Town of Orangetown hereby determines that
portions of the Town of Orangetown located in the Hamlet of Tappan
and in the Hamlet of Palisades are of such historic value, by reason
of places, buildings and other objects which relate to the early colonial
history of the Town of Orangetown and the County of Rockland, to the
days of the American Revolution, to the development of the Town of
Orangetown and of Rockland County through the 19th century and to
the end of World War I, that these areas should be protected by action
of the Town Board. The historic buildings, places and other objects
within these areas are symbols of this rich heritage, giving them
an aspect and appearance reminiscent of an earlier time. It is the
purpose and intent of this local law to protect these places, buildings
and other objects and thereby preserve the overall historic look and
character within the Tappan and Palisades Historic Areas for future
generations.
The areas of the Town of Orangetown to be included within the
boundaries of the historic areas of the Hamlets of Tappan and Palisades
are delineated on maps of each hamlet which are on file in the Town
Clerk's office of the Town of Orangetown, to which reference
is hereby made. Said maps shall remain on file in the office of the
Town Clerk where they shall be available for any interested person
at all times.
As used in this local law, the following terms shall have the
meanings indicated:
Any act or process that changes one or more exterior feature
of a structure or building.
Regarding a structure built after 1918; an architecturally
significant structure is one which represents a rare or early example
of a design that has become a widely known style associated with a
particular architectural period.
Used in reference to alterations, it means that added exterior
architectural features and building materials shall be compatible
and harmonious with, but not necessarily identical to, those of the
existing structure or original structure.
Any act of erecting an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Where used to characterize a structure with relation to surrounding
structures, refers to, but is not limited to, congruity in features
such as building height, width, square footage, position on site and
architectural style.
A freestanding sign that is detached from a building and
having a support structure that is a solid-appearing base constructed
of a permanent material, such as concrete block or brick.
[Added 8-15-2017 by L.L.
No. 8-2017]
Replacement in kind or refurbishment of materials on a structure.
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A.
Any change in the exterior design or appearance of a structure constructed before December 31, 1918, in the historic areas shall require a building permit. Changes to structures constructed after December 31, 1918, shall require permits only where the New York State Uniform Fire Prevention Code and Orangetown Building Code presently require them. All applications for building permits with respect to new or existing structures within the historic areas shall be reviewed and decided upon by a Board of Review appointed by the Town Board pursuant to Chapter 18A of the Orangetown Code.
B.
All applications for building permits in the historic areas shall
be accompanied by a set of detailed plans and specifications. Proposed
changes, additions or new construction shall be in keeping with the
existing structure, and proposed new structures shall harmonize with
surrounding buildings yet not necessarily recall any historic style.
C.
In the event that the Historical Areas Board of Review[1] shall disapprove any applications or plans and specifications
hereunder, the applicant shall have the right to appeal to the Zoning
Board of Appeals of the Town of Orangetown in accordance with the
provisions of law established for appeals from the Orangetown Zoning
Code.[2] Any application which shall be disapproved by the Zoning
Board of Appeals may be reviewed pursuant to Article 78 of the Civil
Practice Law and Rules, subject to the same provisions and the same
manner as though said Board of Appeals has denied a special permit
to the applicant under any of the other provisions of the Orangetown
Zoning Code.[3] Notwithstanding the above, an applicant whose plans have
been disapproved may apply for relief to the Zoning Board of Appeals
on the grounds of hardship. In order to prove the existence of hardship,
the applicant shall establish that he or she is unable to make any
economically viable use of the property whether for income-producing
purposes or for private use or that the property is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return.
D.
Any owner within the historic areas desiring to repair an existing
structure has the right to replace or repair with the same material
without a building permit unless otherwise required by Town ordinance
or local law.
E.
Owners of structures constructed before December 31, 1918, desiring
to make alterations more extensive than repairs shall design such
alterations only in a manner consistent with the exterior materials,
scale, fenestration, colors, design and appearance of the existing
or of the original structure.
F.
Owners of structures constructed after December 31, 1918, desiring
to make alterations more extensive than repairs and thus requiring
a building permit are to use materials and designs, where possible,
that are consistent with the existing structure. Notwithstanding the
above, the Board of Review shall permit the use of modern building
materials. In the case of an architecturally significant structure,
the Board of Review shall permit the use of modern building materials
where it determines that such use is appropriate and creates an appearance
that is harmonious with structures in the immediate surrounding area.
G.
New structures are to harmonize in general character with structures
built in the immediate surrounding area. Notwithstanding the above,
no new structure shall be required to be a copy of any particular
style or architectural period.
H.
Applications by owners of structures constructed before December
31, 1945, in the historic area who desire to tear down a structure
be reviewed by the Historic Areas Board of Review (HABR) at a public
hearing. Upon referral of an application to the Historical Areas Board
of Review by the Director of the Office of Building Zoning Planning
Administration and Enforcement (OBZPAE), the applicant shall be required
to place a public notice in an official newspaper of the Town and
at the structure at least five business days prior to the public hearing.
Proof of publication of the public notice in the official Town newspaper
and proof of posting at the structure shall be provided to the Clerk
of the HABR at or prior to the public hearing. The demolition permit
shall not be issued until 90 days shall have passed following the
date on which the public hearing on the permit shall have been conducted
and completed.
[Amended 8-15-2017 by L.L. No. 8-2017]
I.
In the event that the application of any provisions of this local
law shall constitute the taking of private property without just compensation,
the property owner shall be entitled to due compensation therefor,
and such compensation may include the limitation or remission of taxes.
Only existing R-15, LO and CS zoning uses, as defined in the
Orangetown Zoning Code, shall be permitted within the Tappan Historic
Area. The Table of General Use Regulations of the Orangetown Zoning
Code[1] shall apply to the above districts within the Tappan Historic
Area with the following specific additions, exceptions or modifications:
A.
In CS Districts:
(1)
To the uses permitted in Column 2 of the Table of General Use Regulations,
there shall be:
(a)
Added: one-family residences, public libraries and museums,
parks, antique and art shops, restaurants serving alcoholic beverages,
provided that a restaurant operation approved by the New York State
Liquor Authority is conducted at all times, handcraft shops and china,
earthenware, porcelain and glassware shops.
(b)
Excluded: outdoor newsstands, automobile sales rooms, auto supply
stores and department stores.
(2)
Permitted: all uses described in Columns 3 and 4 of the Table of
General Use Regulations, except that hotels and motels shall not exceed
two stories in height, subject to the approval of the appropriate
board, i.e., Town Board, Zoning Board of Appeals or Planning Board.
(3)
Permitted: all uses and regulations described and permitted in Columns
5, 6, and 7 of the Table of General Use Regulations, except that signs
shall conform to the requirements of R-15 District monument signs,
if permitted, and would not exceed 20 square feet.
[Amended 8-15-2017 by L.L. No. 8-2017]
B.
In R-15 Districts, all uses described in Columns 2 through 7 of the
Table of General Use Regulations shall be permitted, except that the
uses permitted in Columns 3 and 4 shall be subject to the approval
of the appropriate board, i.e., Town Board, Zoning Board of Appeals
or Planning Board.
C.
In LO Districts:
(1)
Single-family detached residences shall be added to the uses permitted
in Column 2 of the Table of General Use Regulations.
(2)
All uses and regulations described and permitted in Columns 3, 4,
5, 6 and 7 of the Table of General Use Regulations shall be permitted,
except that the uses permitted in Columns 3 and 4 shall be subject
to the approval of the appropriate board, i.e., Town Board, Zoning
Board of Appeals or Planning Board; and provided that airports, heliports,
manufacturing, standpipes, water tanks and satellite dish antennas
shall be excluded; and further provided that all signs shall conform
to the requirements of an R-15 District unless otherwise permitted
by the Board of Review.
D.
Bulk regulations. The Table of General Bulk Regulations of the Orangetown
Zoning Code in effect at this time[2] shall apply to the above districts (R-15, LO and CS) within
the historic area, except that with respect to one-family residences
in LO and CS Zones, R-15 bulk regulations, with exceptions, shall
apply.
F.
Excluded uses. Airports and heliports, high-tension transmission
lines and accessory poles and towers are excluded in the Tappan Historic
Area, except that high-tension transmission lines may be installed
completely underground.
Only existing R-80, R-40, R-15 and CS zoning uses, as defined
in the Orangetown Zoning Code,[1] shall be permitted within the Palisades Historic Area.
The Table of General Use Regulations of the Orangetown Zoning Code[2] shall apply to the above districts within the Palisades
Historic Area with the following specific additions, exceptions or
modifications:
A.
In CS Districts:
(1)
To the uses permitted in Column 2 of the Table of General Use Regulations,
there shall be:
(a)
Added: one-family residences, public libraries and museums,
parks, antique and art shops, restaurants serving alcoholic beverages,
provided that a restaurant operation approved by the New York State
Liquor Authority is conducted at all times, handcraft shops and china,
earthenware, porcelain and glassware shops.
(b)
Excluded: outdoor newsstands, automobile sales rooms, auto supply
stores and department stores.
(2)
Permitted: all uses described in Columns 3 and 4 of the Table of
General Use Regulations subject to the approval of the appropriate
board, i.e., Town Board, Zoning Board of Appeals or Planning Board,
except airports and heliports, high-tension lines and accessory poles
and towers; and provided that hotels and motels shall not exceed two
stories in height; and further provided that high tension transmission
lines may be installed completely underground.
(3)
All uses and regulations described and permitted in Columns 5, 6,
and 7 of the Table of General Use Regulations shall be permitted,
except that signs shall conform to the requirements of R-15 District
monument signs, if permitted, and would not exceed 20 square feet.
[Amended 8-15-2017 by L.L. No. 8-2017]
B.
In R-15 Districts, all uses described in Columns 2 through 7 of the
Table of General Use Regulations shall be permitted, except airports
and heliports, high-tension transmission lines unless installed completely
underground, accessory poles and towers; and except that the uses
permitted in Columns 3 and 4 shall be subject to the approval of the
appropriate board, i.e., Town Board, Zoning Board of Appeals or Planning
Board.
E.
Bulk regulations. The Table of General Bulk Regulations of the Orangetown
Zoning Code in effect at this time[3] shall apply to the above districts (R-80, R-40, R-15 and
CS) within the historic area; except that, with respect to one-family
residences in CS Zones, R-15 bulk regulations, with exceptions, shall
apply.
Each of the foregoing provisions of this local law has been
adopted in an endeavor to preserve and extend the public welfare by
preserving the characteristics of the historic areas in the Hamlets
of Tappan and Palisades. In the event that any portion of this local
law shall be determined to be invalid, such determination shall not
affect or result in the invalidity of any other provision contained
in this local law.
In the event that any of the provisions of this local law shall
be in conflict with the provisions of any other local law or ordinance
of the Town of Orangetown, the provisions of this local law shall
control.
