Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 1-15-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Historic Review Board — See Ch. 25.
Zoning — See Ch. 290.

§ 153-1 Purpose and legislative intent.

A. 
The Town Board of the Town of Clarkstown 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 chapter is to:
(1) 
Designate, protect, preserve and maintain certain roads within Clarkstown which shall qualify, under the definitions stated in this chapter, 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 chapter to:
(a) 
Preserve, protect and enhance Clarkstown'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 chapter is adopted.

§ 153-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
Any road, or portion thereof, 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 chapter.
B. 
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 Clarkstown, unless otherwise specified at the time of designation. In the event only a portion of a road is classified as historic, then the designation boundary shall accurately reflect such portion, its length and width, including any rights-of-way held by the Town of Clarktown, unless otherwise specified at the time of designation.

§ 153-3 Conflict with area and zoning regulations.

A. 
This chapter 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 regulation shall apply.
[Amended 9-21-2010 by L.L. No. 4-2010]
B. 
Within the boundaries of each identified historic road, both the regulations provided herein and all zoning regulations[1] shall apply. Whenever there is a conflict between the zoning regulations and the regulations provided herein, the more restrictive regulation shall apply.
[Amended 9-21-2010 by L.L. No. 4-2010]
[1]
Editor's Note: See Ch. 290, Zoning.
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.

§ 153-4 Administration.

The administration of this chapter, which shall include all procedures necessary to implement the stated purpose of this chapter, shall rest solely with the Town Board.

§ 153-5 Designation criteria and procedure.

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 refer the application to the Architectural Historic Review Board for its review and recommendation. Following receipt of the Architectural Historic Review Board's recommendation, the Town Board shall cause such application to be placed on the agenda for discussion and establishment of a future date for a public hearing at a Town Board meeting.
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No. 8-2016]
B. 
Criteria for historic roads:
(1) 
The Town Board shall review and consider for designation as "historic" any 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 Clarkstown.
(2) 
To have historic significance, a road must exhibit integrity.
[Amended 9-21-2010 by L.L. No. 4-2010]
(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 review period that a road is under formal consideration for designation as "historic," all necessary maintenance activities shall adhere and conform to § 153-7A and B of this chapter. 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." The review period commences once the Town Board receives a properly filed application for designation or decides to initiate designation by its own motion.
[Amended 9-21-2010 by L.L. No. 4-2010]
D. 
The Town Board shall schedule a public hearing on an application for historic road designation within 45 days after receiving the Architectural Historic Review Board's recommendation.
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No. 8-2016]
E. 
The Town Board's vote upon its resolution to approve or deny designation of an historic road shall occur only at a publicly noticed meeting of the Town Board.
[Amended 9-21-2010 by L.L. No. 4-2010]

§ 153-6 Recording of historic road boundaries.

[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No. 8-2016]
Within 30 days following the Town Board's resolution granting historic road designation, or as soon as practicable thereafter, the Town Board shall cause such road to be so identified on the Town Zoning Map. A copy of the revised Zoning Map, this chapter and a detailed analysis encompassing all its noteworthy features shall be prepared by the Architectural Historic Review Board and promptly delivered to:
A. 
The Town Clerk.
B. 
The Zoning Board of Appeals.
C. 
The Planning Board.
D. 
The Architectural Historic Review Board.
E. 
(Reserved)
F. 
The Superintendent of Highways.
G. 
The Building Inspector.
H. 
[1]The Director of the Department of Environmental Control.
[1]
Editor's Note: Former Subsection H, Zoning Administrator, was repealed 3-22-2016 by L.L. No. 4-2016. This local law also redesignated former Subsections I through P as Subsections H through O, respectively.
I. 
The Town Code and Zoning Enforcement Officer.
J. 
The Rockland County Superintendent of Highways.
K. 
The New York State Department of Transportation (Regional Office).
L. 
The Rockland County Commissioner of Planning.
M. 
New York State Thruway Authority.
N. 
All pertinent utility companies.
O. 
Rockland County Board for Historic Preservation.

§ 153-7 Historic road maintenance and alterations.

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/or removal of bridges.
(e) 
Removal of mature trees, except where dead, seriously diseased or damaged.
(f) 
Paving existing unpaved historic roads.
(2) 
On historical 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 pre-disaster 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 Clarkstown 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 certificate shall be granted by the Town Board based upon the advisory recommendation of the Clarkstown Superintendent of Highways and the Architectural Historic Review Board. Such certificate shall be required for any of the following:
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No. 8-2016]
(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.
(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 permanent 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 permanent signs, street lighting, sidewalks, sewer systems, curbs, barriers, medians, tire-stops, 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 Clarkstown's rich historical, aesthetic and architectural resources.

§ 153-8 Penalties for offenses.

[Amended 9-21-2010 by L.L. No. 4-2010]
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, and offenses against the provisions of this chapter shall be subject to the same enforcement and penalties as provided in § 25-7 A and B of Chapter 25 of the Clarkstown Town Code.