[HISTORY: Adopted by the Town Board of the Town of Orangetown 3-22-1993 by L.L. No. 10, 1993. Amendments noted where applicable.]
GENERAL REFERENCES
Historic area established in Tappan — See Ch. 12.
Historic area established in Palisades — See
Ch. 12A.
Historical Areas Board of Review — See Ch. 18A.
[1]
Editor's Note: Former Ch. 19, Minimum Housing Standards, adopted
1-11-1965, was repealed 9-8-1986 by L.L. No. 3, 1986.
A.
The Town Board of the Town of Orangetown determines that
certain roads in the Town should be protected by reason of their significance
to the history of the Town, county, state and nation. Specifically,
the purpose of this local law is to:
(1)
Designate, protect, preserve and maintain certain roads
within Orangetown which shall qualify, under the definitions stated
in this local law, as historic roads.
(2)
Set criteria for designation of roads within the Town
which may be found to qualify.
(3)
Provide for the educational, cultural, tourism/recreational,
environmental, aesthetic, economic and general welfare benefits which
are derived from such historic road preservation.
B.
Legislative intent.
(1)
It is the legislative intent and spirit of this local
law to:
(a)
Preserve, protect and enhance Orangetown's rich
historical, architectural, aesthetic and cultural resources.
(b)
Foster civic pride in its heritage and enjoyment
of the scenic qualities.
(c)
Ensure the harmonious and orderly growth and neighborhood
character of the districts.
(d)
Preserve the natural environment of the roads.
(e)
Protect and respect the many properties which have
received commendation for their historic importance by the state and
are listed on the National Registry of historic places.
(2)
It is, therefore, with this purpose and intent in mind
that this local law is adopted.
As used in this local law, the following terms shall have the
meanings indicated:
Any road of historical value or aesthetic interest
by reason of its antiquity as a cultural or heritage resource to the
Town, the county, the state or country may be classified as an historic
road. Historic roads may be any specific highways, avenues, streets
or other transportation routes located within the Town which are found
to contain historic qualities and lend themselves to effective preservation
and interpretation and are so designated under procedures set forth
in this local law.
The designation boundary for an historic road shall
include the entire length and width of each designated road, including
any rights-of-way held by the Town of Orangetown, unless otherwise
specified at the time of designation.
A.
This local law shall include portions of historic roads
found within all currently designated historic areas. Whenever there
is a conflict between the regulations of an historic road and an historic
area, the more restrictive of the two shall apply.
B.
Within the boundaries of each identified historic road,
both the regulations provided herein and all zoning regulations shall
apply. Whenever there is a conflict between the zoning regulations
and the regulations provided herein, the more restrictive of the two
shall apply.
C.
The intent of this regulation is that the public interest
in preserving the quality of historic road corridors outweighs any
proposed change which would alter their historic characteristics.
The administration of this local law, which shall include all
procedures necessary to implement the stated purpose of this local
law, shall rest solely with the Town Board.
Classification, criteria and procedure for consideration and
designation of historic roads shall be as follows:
A.
Any interested person may request the designation of an
historic road by submitting a written application to the Town Board.
Upon receiving an admissible application for designation or deciding
to initiate designation on its own motion, the Town Board shall cause
such application to be placed on the agenda for discussion at a Town
Board meeting. The Town Board may, at its discretion, refer the application
to the Historic Areas Board of Review for comment.
B.
Criteria for historic roads:
(1)
The Town Board shall review and consider for designation
as "historic" any additional roads which substantially conform to
the following criteria:
(a)
Roads on which events occurred that have made a significant
contribution to, are identified prominently with or which represent
the broad cultural, political, economic, military or social history
of the Town, and from which an understanding and appreciation of the
larger patterns of our American heritage may be gained.
(b)
Roads associated with the lives of persons nationally
or locally significant in the history of the United States or that
figured prominently in nationally significant events.
(c)
Roads significantly associated with an important
historical event that represents some great idea or ideal of the American
people.
(d)
Roads that embody the distinguishing characteristics
of a specific type of construction, or a notable design representing
the work of a master builder or engineer, or the travel routes of
a specific civilization.
(e)
Roads that have produced information by shedding
light upon historical periods over large areas of the Town of Orangetown.
(2)
To possess historic significance, a road must possess
integrity.
(a)
For an historic road designation, integrity means
original location, including direction, curves, angles and intangible
elements of feeling and association.
(b)
It is desirable that each historic road contain sufficient
land on either side of its corridor to preserve all the significant
historical or cultural features associated with the road and to be
able to preserve such additional lands as may be needed to protect
the historic scene of the road and provide unobtrusive buffers.
(c)
The road and its authentic historically related environment
should lend itself to effective preservation and interpretation.
(3)
All interested parties have the right to confer with and
present testimony to the Town Board throughout the designation process.
C.
During the interim period, wherein a road is under formal consideration for designation as "historic," all necessary maintenance activities shall adhere and conform to § 19-7A and B of this local law. All scheduled alterations and/or improvements on such road are hereby stayed and held in abeyance until the Town Board has formally confirmed or denied the designation as "historic."
D.
Formal confirmation or denial of the designation shall
occur only at a publicly noticed Town Board meeting.
Upon notification that the Town Board has confirmed the designation
of any historic road, the Director of the Office of Building, Zoning,
Planning Administration and Enforcement shall immediately cause such
property to be so designated on the Zoning Map of the Town of Orangetown.
A copy of the revised Zoning Map, this local law and a designated
analysis encompassing all its noteworthy features shall be promptly
delivered to:
A.
The Town Clerk.
B.
The Zoning Board of Appeals.
C.
The Planning Board.
D.
The Architectural and Community Appearance Board of Review.
E.
The Historic Areas Board of Review.
F.
The Superintendent of Highways.
G.
The Director of the Office of Building, Zoning, Planning
Administration and Enforcement.
H.
The Town Code Enforcement Officer.
I.
The Rockland County Superintendent of Highways.
J.
The New York State Department of Transportation (Regional
Office).
K.
The Rockland County Commissioner of Planning.
A.
Routine maintenance.
(1)
Routine maintenance shall be carried out so as to preserve,
to the highest degree possible, the historic and scenic features of
all such designated roads while ensuring the general safety of the
traveling public. Routine maintenance shall not include any or all
of the following activities:
(a)
Widening of the travel portions of historic roads,
except at the intersections of paved roadways for safety reasons.
(b)
Changes of grade.
(c)
Straightening or realignment.
(d)
Removal of stone walls and removal of bridges.
(e)
Removal of mature trees, except where dead, seriously
diseased or damaged.
(f)
Paving existing unpaved historic roads.
(2)
On historic roads or portions thereof that are dirt, gravel
or unpaved, maintenance on the traveled portion of the road shall
be done in a manner to minimize root damage to bordering trees.
B.
Natural disasters. In the event of a natural disaster in
which an historic road or portion thereof becomes impassable or unsafe
for public travel, any and all emergency repairs may be undertaken
to restore the road to its predisaster condition.
C.
Alterations and improvements.
(1)
Neither the Town Board nor the Superintendent of Highways
shall alter, improve or otherwise authorize an alteration or improvement
to an historic road or portion thereof without reviewing and conforming,
to the maximum extent practicable, to the review guidelines below.
Alteration of historic roads shall be discouraged except for reasons
of the health, safety and welfare of the traveling public.
(2)
As some historic roads or portions thereof within the
Town of Orangetown may be county or state roads, the Rockland County
Superintendent of Highways and the New York State Department of Transportation
shall follow the guidelines in this section to the maximum extent
possible.
D.
Certificate of appropriateness.
(1)
A certificate of appropriateness shall be required before
work can commence on any designated historic road or portion thereof,
and such a certificate shall be granted by the Town Board based upon
the advisory recommendation of the Orangetown Superintendent of Highways
and the Historic Areas Board of Review. Such certificate shall be
required for any of the following:
(a)
Demolition of historic roads or replacement of the
same.
(b)
Relocation, realignment, widening, reducing of width
or any other physical change or alteration.
(c)
Material change of the type of wearing surface by
addition, reconstruction, alteration or maintenance, including significant
surface color change.
(d)
Changes in existing environment along either or both
sides of the road corridor, including any additional or new construction
of physical structure, change to the natural resource base, including
significant removal of flora, change in topography or installation
of signage which would have a negative impact on the historic road.
(e)
The construction of new transportation routes adjacent
to the designated historic road, including primary roads, secondary
roads and nonpublic service roads.
(f)
Changes in the road design, including width, slope,
drainage, clearance (overhead and lateral obstructions) and pitch.
(g)
Changes in the type of zoning and/or construction
regulations for the land area adjacent to either or both sides of
the historic road corridor.
(h)
Changes in or the addition of new signs, streetlighting,
sidewalks, sewer systems, curbs, barriers, medians, tirestops, telephone
poles and various types of public parking lots.
(i)
Changes in the type of designation in terms of type
of transportation route (secondary route, primary road, etc.)
(2)
In formulating such recommendations with respect to any
application for a certificate of appropriateness, the Town Board shall
consider:
(a)
The effect of the proposed work in altering, destroying
or affecting the historic/scenic features and qualities of the road,
tempered with the particular management needs of each individual road
and of the region, in light of the general safety and welfare of the
traveling public.
(b)
The relationship between the results of such proposed
work and the preservation of Orangetown's rich historical, aesthetic
and architectural resources.
The Town Board may institute any appropriate action or proceeding
necessary to prevent an unlawful demolition, alteration, improvement
or repair to any historic road or portion thereof so designated under
this local law.
