[HISTORY: Adopted by the Board of Trustees
of the Village of Montebello 1-18-2006 by L.L. No. 1-2006; amended in its entirety 12-16-2009 by L.L. No.
4-2009. Subsequent amendments noted where applicable.]
A.
Structures are generally not permitted in the Village's
rights-of-way. However, mailboxes must be placed therein in order
to be close enough to the edge of the roadway to facilitate mail delivery
according to postal regulations. This conundrum has been resolved
by the Village not objecting to the installation of mailboxes with
minimal supports of various kinds, such as metal or wooden posts,
not considering such to be structures. With the escalating real estate
values and the trend towards larger homes, and for the deterrence
of vandalism, a number of residents seek to install, or have installed
without approval, substantial mailbox support structures on footings,
which structures become an aesthetic element or architectural feature
of their property. This has led to the issuance of a substantial number
of violation notices, which ultimately can lead to prosecution, removal
orders and fining because said structures unlawfully violate the Village's
rights-of-way as well as due to the failure to follow the building
permit procedure applicable to structures.
B.
The purpose of this chapter is to strike a fair balance,
permitting, but regulating the size of, such structures, thus minimizing
the proliferation of large structures that can represent more of a
hazard close to Village roadways. This chapter places the obligation
on the property owner to hold the Village harmless if said owner opts
to erect such structure.
C.
It has
come to the attention of the Village Board that permanent pillars
or monuments, usually constructed of stone or masonry, were often
erected on the sides of driveways within the Village, not always serving
as a mailbox structure, the present law addressing only single pillars
erected for mailbox purposes. In addition, there is evidence that
many of such structures preexisted the Village, being significant
in the historic fabric of the Village, as well as architecturally
important. Therefore, it appears equitable as well as logical that
both classes of pillars be recognized and permitted in appropriate
circumstances, in addition to single mailbox pillars or structures.
A.
Subject
to the conditions set forth herein, up to two driveway pillars or
monuments, including mailbox support structures, not exceeding 27
inches in any horizontal dimension, inclusive of cap, and of a height
not exceeding 54 inches, and not to exceed 66 inches in total height,
including any vertical projection therefrom, shall be permitted in
the Village's rights-of-way directly abutting the applicant's property.
Said structures shall be constructed only after obtaining a building
permit by application which shall include construction plans revealing
a sound and secure structure in the judgment of the Building Inspector
consistent with the State Building Code and a dimensioned sketch or
marked survey locating said proposed structure. Any electrification
or illumination shall be included in the plans and subject to UL or
equivalent approval as required in the Building Code. A simplified
application for this limited purpose shall be developed by the Building
Inspector and the Village Attorney, but until such occurs, the standard
application shall be used. The fee for such an application shall be
based upon cost of construction as per the Building Permit Fee Schedule
of the Village of Montebello. Said structure shall be placed in a
way that, in the opinion of the Building Inspector, minimizes the
obstruction of sight lines to and from the adjacent roadway.
B.
Such structures in existence prior to formation of the Village, May 7, 1986, shall be grandfathered irrespective of size. Submission of proof to the Building Inspector which, in his or her judgment, establishes the historic existence of the structure to a reasonable certainty shall result in the entering into of a license agreement pursuant to § 115-3 and shall be a defense to prosecution under this chapter.
The issuance of a certificate of use by the
Building Inspector shall be construed to be the grant of a license
agreement to maintain said driveway pillars or monuments, including
mailbox support structures, in the Village's right-of-way, which grant
shall be revokable by the Village at any time without compensation
to the owner should the Village's use of its right-of-way require
removal of said structure. The Village shall give the property owner
60 days' written notice prior to revokation, circumstances permitting.
The grant of the aforesaid license agreement
shall by operation of this chapter carry with it the owner's and any
benefitted subsequent owner's agreement to hold the Village harmless
and indemnify the Village from any damages to the property or person
of the owner, or to the property or person of any other person, claiming
to have resulted directly or indirectly from the presence of said
mailbox support structure. This includes damage to the support structure.
The hold-harmless and indemnification protection shall also extend
to whoever supplies snowplowing services to the Village, such as the
Town of Ramapo and its Highway Department.
Driveway pillars or monuments, including mailbox support structures, whether grandfathered pursuant to § 115-2B or more recently constructed, existing as of January 1, 2010, or the effective date of this chapter, whichever is later, must be brought up to compliance within six months thereof. After expiration of said grandfathering period without compliance, the owner of said structure shall be subject to prosecution for maintaining an unlawful structure in a Village right-of-way.
The Village does not hereby purport to authorize
the placement of driveway pillars or monuments, including mailbox
support structures, in state or county rights-of-way. However, upon
the provision by the applicant of written permission from the state
or county, the Building Inspector is authorized to issue a building
permit, oversee construction, and issue a certificate of use for same.
For the purposes of this chapter, simple mailbox support posts not
exceeding eight inches in any horizontal dimension and not erected
on a footing versus being held in position by cement or the equivalent
shall not be considered mailbox support structures regulated hereby.
