[HISTORY: Adopted by the Town Board of the
Town of Ramapo 6-4-2004 by L.L. No. 7-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 376.
This chapter shall be known and may be cited
as the "Scenic Road District Law for the Town of Ramapo."
The Town Board of the Town of Ramapo wishes
to preserve its historic resources, stone walls, other natural features,
and scenic views from its roadways and other public areas by channeling
new development away from those areas and onto lands which are not
as scenic and historically significant. The view experienced from
these areas contributes significantly to the overall character of
the Town, an attribute the community seeks to preserve and enhance
while accommodating growth and change. Where development occurs in
sensitive scenic areas, the Town wishes to assure that such development
is consistent with the objective of maintaining the existing scenic
character of such areas to the greatest extent practicable. Specifically,
the Town finds:
A.
That the natural, open character of the Ramapo Scenic
Road District is a critical feature of the unique heritage of the
Town of Ramapo whose preservation enriches and benefits both residents
and visitors;
B.
That the Ramapo Scenic Road District is characterized
by historic homes and buildings, mature trees, thick virgin woodlands
or fields which contribute to the overall scenic, historic and quality
character of the Town;
C.
That it is desirable to protect panoramic views as
well as sensitive natural habitats on the Ramapo Scenic Road District;
and
D.
That preservation of these features while providing
for appropriate development can only be achieved by encouraging flexibility
in the design of land use and development projects.
A.
In furtherance of the above legislative findings,
a Scenic Road District is hereby established which shall include all
property in unincorporated areas of the Town of Ramapo within 1,000
feet from the center line of the following public roads:
[Amended 6-29-2005 by L.L. No. 4-2005]
(1)
Route 202.
(2)
Sterling Mine Road.
(3)
Route 17, north of the intersection with the New York
State Thruway.
(4)
The entire length of the Palisades Parkway.
(5)
South Mountain Road.
(6)
Spook Rock Road.
(7)
Johnsontown Road
(8)
Camp Hill Road.
(9)
Route 306 north of Grandview.
(10)
Seven Lakes Drive.
A.
No construction or material alteration of any principal
or accessory use within the Scenic Road District is permitted unless
said use shall have obtained approval as set forth below.
(3)
Review standards. In order to grant approval, the Building Inspector
or Planning Board, whichever is applicable, must find that the important
scenic and natural features of the site will be substantially preserved
and, except for structures subject to Architectural Review pursuant
to Article X of the Town's Zoning Law, that such structure or
alteration is architecturally compatible with surrounding structures.
To the extent practicable, all structures to be built on land within
the Ramapo Scenic Road District shall be sited and clustered on the
tract in such a way as to avoid or minimize the obstructing of scenic
views in this district.
[Amended 2-11-2015 by L.L. No. 1-2015]
(4)
Additional standards of review. The additional regulations
set forth below supplement, but do not replace, the use and bulk regulations
otherwise applicable to the underlying zoning districts.
(a)
The minimum front setback requirement, as set
forth for the applicable underlying zoning district, may be doubled
for all structures and parking areas located within the Ramapo Scenic
Road District. The side and rear yard setbacks may also be doubled
by the Planning Board if there are historic or scenic resources which
are to be protected.
(b)
The Building Inspector or Planning Board, whichever
is applicable, may require that the front yard shall be managed by
the property owner in a way that preserves significant existing vegetation,
plant specimens, landforms and water features; nurtures tree planting
and other natural landscaping efforts; creates dense landscaping buffers;
preserves stone walls, existing fields and similar features; and/or
ensures both the protection of visual buffers and the prominence of
key scenic vistas, including views of historic properties and landscapes.
(c)
Any necessary intrusions within the open space
area shall be reduced to the extent practicable by such measures as
common driveways and shared utility services for building sites that
may gain access from the roadways in the Ramapo Scenic Road District.
(d)
Cluster subdivisions in accordance with the
Town Law of the State of New York shall be the preferred residential
land development technique for lands within, adjacent to or affecting
the overall character of a Ramapo Scenic Road District, provided that:
[1]
All structures and/or parking areas are effectively
screened on a year-round basis by existing landform and/or vegetation
or by substantial new planting and berming as viewed from the public
right-of-way, provided that such treatment does not diminish the prominence
of key scenic vistas including views of historic properties and landscapes.
[2]
A conservation easement, satisfactory to the
approving authority, is granted by the landowner to the Town, a land
trust or similarly qualified entity to ensure that the screening will
be properly maintained and managed or a similarly binding mechanism
as acceptable to the Town Attorney shall be provided.
(e)
Existing vegetation shall be preserved to the
maximum extent possible. Every attempt shall be made to limit cutting
so as to maintain native vegetation as a screen for structures as
seen from road, parks and other public views within the Ramapo Scenic
Road District.
(f)
No cutting of trees exceeding eight inches in
diameter (measured at a height of four feet off the ground) shall
be permitted except in accordance with an approved building permit,
site plan, subdivision or timber harvesting plan. In RR-160, RR-80,
RR-50, R-40, R-40A, R-35, R-25, R-15, R-15A and R-15C Zoning Districts,
cutting all trees in a single contiguous area exceeding 20,000 square
feet shall be prohibited, however, this restriction shall not apply:
1) to roadways, drainage structures and utility easements in an approved
subdivision; or 2) in subdivisions which have been subject to review
by means of an environmental impact statement pursuant to the New
York State Environmental Quality Review Act. Where the tree cutting
restriction is applicable, the Planning Board may grant a waiver from
this restriction upon a finding that there are unique characteristics
to the property or other factors creating an undue hardship, provided
the Planning Board makes a specific finding that the objectives of
the Scenic Road District Law are nonetheless substantially satisfied.
In all other zoning districts, cutting all trees in a single contiguous
area exceeding 20,000 square feet may be permitted in accordance with
an approved site plan.
[Amended 5-13-2013 by L.L. No. 2-2013]
(g)
Throughout the Ramapo Scenic Road District telecommunication
towers shall be discouraged. In all cases the Town shall encourage
shared use of towers rather than new construction, and reduced tower
height to limit the need for external lighting.
The enforcement official as designated in § 376-140 of Chapter 376, Zoning, of the Code of the Town of Ramapo, as may be amended, shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter. In addition, the Town of Ramapo may institute an appropriate action or proceeding in any court of competent jurisdiction pursuant to § 268 of the Town Law of the State of New York.
Whenever the Building Inspector shall approve
or disapprove a building permit pursuant to this chapter, such decision
shall be reviewable by appeal to the Board of Appeals from the Building
Inspector's decision. The appeal shall be taken not more than 30 days
after the filing of the decision of the Building Inspector in the
office of the Building Inspector.
