[HISTORY: Adopted by the Town Board of the Town of Orangetown 8-12-1968 by L.L. No.
4-1968. Amendments noted where applicable.]
[Amended 1-11-1982 by L.L. No. 1-1982]
The Town Board of the Town of Orangetown has previously, by
Local Law No. 4-1965, established an Historic Area in the Hamlet of
Tappan, and that local law contained provisions relating to the creation
of powers, duties and functions of a Board of review, the Town Board
has now established another Historic Area, by Local Law. No. 5-1968,
in the Hamlet of Palisades.[1] From time to time historical areas may be established
in other parts of the unincorporated areas of the Town of Orangetown.
The administrative problems which would arise by reason of having
a separate historic board serving each area are many. The recruitment
of qualified persons to serve on numerous boards would be a difficult
task. The Town Board has determined that the best interests of the
Town will be served by creating a single review board to be known
as the "Orangetown Historical Areas Board of Review." This Board of
Review will, within the historical areas, perform all duties and functions
delegated to it by the local laws establishing historical areas. The
Town Board has also considered the problem of having adequate representation
from an individual historical area when matters relating to the individual
area are presented for review. This local law provides that each hamlet
would be represented at the time of hearing by at least one member
from the particular historical area involved.
[Amended 1-11-1982 by L.L. No. 1-1982; 12-17-2013 by L.L. No. 3-2013]
There is hereby created in the Town of Orangetown a Board of
Review which shall be known as the "Orangetown Historical Areas Board
of Review." This Board shall perform all duties and functions delegated
to it by this chapter and all duties and functions delegated to a
board of review by any local law which establishes a historical area
in any portion of the unincorporated part of the Town of Orangetown.
A.
Any member presently serving out a term of office on the Historical
Areas Board of Review shall continue as a member of this Board and
shall serve to the end of his/her term of office as if he/she had
first been appointed to this Board.
B.
One member shall be appointed for a term of one year; one member
shall be appointed for a term of two years; two members shall be appointed
for a term of three years; and three members shall be appointed for
a term of four years. Thereafter, the terms of office of the members
shall be fixed so that a member's term does not exceed five years.
C.
Any vacancy occurring before the end of the term of any member shall
be filled by the Town Board by appointment for the remainder of the
expired term.
D.
The Historical Areas Board of Review may elect its own Chairman who
shall serve a one-year term ending December 31 of the year. Any member
elected Chairman may succeed himself or herself.
[Amended 3-9-1987 by L.L. No. 2-1987; 12-17-2013 by L.L. No. 3-2013]
A.
The Historical Areas Board of Review shall consist of seven members
to be appointed by the Town Board.
B.
Any member presently serving on the Historical Areas Board of Review
as of the date of this chapter shall continue as members of this Board,
and his or her term of office shall continue as if he or she had first
been appointed to this Board.
C.
The Town Board shall appoint one member who shall be a resident of
the Hamlet of Palisades.
D.
The Town Board shall appoint one member who shall be a resident of
the Hamlet of Tappan.
E.
The Town Board shall appoint one member who shall be a licensed and
registered New York State architect.
F.
At least one member appointed by the Town Board shall be a member
in good standing of a recognized historical or preservation society
operating within Rockland County.
G.
The remaining members appointed by the Town Board shall be residents
of the Town of Orangetown.
Four members of the Board shall constitute a quorum, except
that any matter relating to a particular historical area may be considered
only if a member from that historical area is present as part of the
quorum. A majority of the members present shall be required for a
determination of any matter presented, but in no event shall a majority
be less than four.
In the event that the Town Board of the Town of Orangetown shall
create new historical areas in the Town of Orangetown and such areas
are not represented on the Orangetown Historical Areas Board of Review,
the Town Board shall, by resolution, increase the number of members
serving on the Orangetown Historical Areas Board of Review so that
all of the historical areas in the Town are represented on such Board
by at least one member. The new members appointed pursuant to this
provision shall be appointed for a term of one year, and said one
year shall be deemed to commence from the first day of January in
the year of appointment. The successors of such members shall be appointed
for a period of five years beginning with January 1 of the year of
the appointment.
Any title enumerated under the law is for organization purposes
only and shall not be deemed part of the text of this law.
All portions of local laws or ordinances of the Town of Orangetown
inconsistent with this local law are hereby repealed.
This local law shall take effect immediately.
[Added 9-22-2008 by L.L. No. 5-2008]
A.
Any public hearings on applications or referrals for approval by
the Board pursuant to this chapter must be advertised at least once
in a newspaper of general circulation of the Town at least five days
prior to the date thereof.
B.
In addition, all applicants, at least 10 days prior to any public
hearings pursuant to this section, shall send written notice by first-class
mail to all owners within 200 feet of the property as measured from
the front, side, and rear lot lines of the subject parcel (excluding
public roadways, rights-of-way, and property owned by any public utility
or public entity in measuring the 200 feet), as well as all properties
within 200 feet of the subject parcel along both sides of any street
or roadway on which the subject parcel abuts, at the applicant's
expense. Prior to mailing the notification, the applicant shall be
responsible for generating a list of all property owners required
to receive notice pursuant to this section. The written notices, in
properly addressed and stamped envelopes, shall be returned to the
Clerk of the Board for the purpose of mailing from the Clerk's
office. Property owners entitled to such notice shall be those listed
as owners on the record in the Town of Orangetown Tax Assessor's
office as of the date of the mailing. The written notice shall contain
information on a form provided by the Clerk of the Board and shall
include the date and time of the hearing and to be continued as necessary,
the name and address of the applicant and the applicant's attorney,
if any, the street address of the property, the Tax Map designation
of the property, the nature of the application, and an indication
that further information on the application is available at the Office
of Building, Zoning, Planning and Enforcement. Failure of a property
owner whose name appears on the affidavit of property owners to receive
the notice shall not affect the validity of the public hearing or
any action taken thereat by the Board.
C.
All applicants are further required to erect signs containing information regarding the public hearing, as set forth in Subsection B of this section, on every lot corner and at least once every 100 feet thereafter, facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Clerk to the Board. Such signs are to be displayed for a period of not less than five days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line, shall not be less than two feet or more than six feet above grade at the property line, and shall be clearly visible from the property line.
D.
At the commencement of any public hearing, the applicant must file
an affidavit, with the Clerk of the Board, which states that the aforementioned
notices have been complied with, and said affidavit shall include
a list of the names and addresses of all property owners to whom notices
were sent pursuant to this section and a statement that said properties
are the only properties required to be notified pursuant to this section.
The Board shall not proceed with the hearing unless the affidavit
has been filed.
E.
In addition to the notice requirements contained herein, any applications with respect to the following projects shall require that written notice by mail be made pursuant to Subsection B of this section to all property owners within 500 feet of the proposed project:
(1)
High-tension transmission lines.
(2)
Railroad and bus terminals.
(3)
Satellite dish antennas.
(4)
Public utility substations.
(5)
Hotels and motels.
(6)
Radio and television towers.
(7)
Public parking garages.
(8)
Airports and heliports.
(9)
Elevated standpipe and water tanks.
(10)
Sandpits, gravel pits (mining), and topsoil, landfill and excavation
operations, all of which are not in accordance with the construction
of buildings, structures or roads.
