[HISTORY: Adopted by the Town Board of the Town of Cortlandt
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-2010 by L.L. No. 16-2010]
A.
The attractive visual character of the Town of Cortlandt is in significant
measure attributable to the views from along its public roadways.
For that reason, as well as for purposes of historic/scenic preservation
and protection of property values, the Town of Cortlandt desires to
preserve the historic/scenic, cultural and natural resources, including
stone walls, vegetation and scenic vistas, which are located along,
or visible from its historic/scenic roadways.
B.
Specifically the Town Board finds:
(1)
The natural scenic character along the historic/scenic roadways is
a critical element of the unique attractiveness and heritage of the
Town of Cortlandt, the preservation of which enriches and benefits
both residents and visitors.
(2)
Cortlandt's historic/scenic roads are, for the most part, historic/scenic
traditional routes which are bordered with stone walls, mature trees,
woodlands, meadows, water bodies, scenic vistas and historic/scenic
structures, all of which contribute to the overall scenic, historic/scenic
and semi rural character of the Town.
(3)
The preservation of these features, consistent with the protection
of private property rights, can best be achieved by requiring Planning
Board consideration with respect to any applications in such areas.
C.
In furtherance of the above stated legislative intent, the Town Board
specifically identifies the following historic/scenic roads from the
report known as "Survey & Assessment of Historic Roads" conducted
by Larson, Fisher Associates completed in January 2007, and the Planning
Board shall consider impacts to these historic/scenic roads during
the Planning Board review process. The identified roads are:
(1)
Furnace Dock Road.
(2)
Kings Ferry Road.
(3)
Albany Post Road.
(4)
Gallows Hill Road.
(5)
Oregon Road.
(6)
Watch Hill Road.
(7)
Red Mill Road.
(8)
Croton Avenue.
(9)
Teatown Road.
(10)
Locust Avenue.
(11)
Lockwood Road.
(12)
Lafayette Avenue.
(13)
Pumphouse Road.
(14)
Quaker Bridge Road.
(15)
Quaker Ridge Road.
[Added 5-15-2018 by L.L.
No. 4-2018]
A.
With respect to any subdivisions or site development plan approval
before the Planning Board, the Planning Board shall consider and determine
that any construction or site alteration approved will be compatible
with the objectives of the Master Plan with respect to historic/scenic
roads.
B.
With respect to any application pending before the Planning Board,
either for subdivision or site development plan approval; the Planning
Board is encouraged, for the purpose of preserving the physical features,
(both natural and man-made) and scenic vistas along such roads, to
consider and to seek to preserve the character of the roadscapes.
In making its determination, the Planning Board shall take into consideration
the following criteria:
(1)
Location: the place where the historic property was constructed or
a historical event occurred. This may include the horizontal and vertical
alignment of a roadway as influenced by the geographical character
of the area (ridges, creeks, etc.).
(2)
Design: the elements that combine to create the form, plan, space
structure and style of a road that may include engineering details
and characteristics.
(3)
Setting: the physical setting and its importance to the roadway.
(4)
Materials: the physical materials with which the roadway and associated
structures were constructed.
(5)
Workmanship: the craftsmanship of the people or culture that was
responsible for the roadway's construction at a given period
in history or prehistory.
(6)
Feeling: the aesthetic expression and/or historic character of any
particular time still in evidence as one travels along the roadway.
(7)
Association: the direct link between an important historic event
or historical person and the roadway.
The Planning Board, in granting subdivision and site development
plan approval along historic roads, as identified herein, shall determine
that the construction or site alteration approved will be compatible
with the legislative intent of this article.
[Adopted 11-16-2010 by L.L. No. 19-2010]
A.
Since the founding of the Town of Cortlandt in 1788, various highways
have been created and constructed. Many of the original highways began
as dirt paths over which the public traversed. In the 1800s, the New
York State Legislature established a provision in Highway Law, which
has been carried forward and is now contained in § 189 of
the New York State Highway Law, "Highways by Use."
B.
The Legislature has determined that any highway that has been utilized
by the public for a period of 10 years or more and over which the
local authority has exercised some degree of control in the form of
maintenance, that that highway shall be deemed a highway by use under
the provisions of § 189 of the Highway Law. Once determined
to be a § 189 Highway, the right of the public to traverse
the area is made permanent. The local municipality acquires a surface
easement for the length and width of the existing highway, which has
been utilized in the manner set forth above.
C.
At certain times over the past 30 years, the Town Board of the Town
of Cortlandt has determined by resolution certain highways to be § 189
Highways. Approximately one year ago, the Town Board commissioned
a staff study of all the remaining highways in the Town that were
not formally dedicated Town highways, not previously determined to
be § 189 Highways, but upon which the Town preformed any
maintenance services. The staff presented their year-long study to
the Town Board which determined approximately 41 highways currently
existing in the Town receive Town maintenance services but have not
yet been determined to be § 189 Highways. The staff also
determined that these 41 highways met the criteria to be declared
a § 189 Highway.
D.
It is with the purpose in mind of clarifying the rights, obligations
and duties of all owners of property and of the Town with respect
to highways, which have been acquired by use, that Town Board enacts
this article.
In accordance with the authority vested in the Town Board by
the State Legislature, the Town Board shall, by resolution, determine
those highways, which meet the criteria for § 189 Highway.
These highways shall have been used by the public for a period of
10 years or longer and the Town shall have performed certain maintenance
thereof in the form of patching or plowing during a period of at least
10 years.
On any highway determined to be a § 189 Highway, the
public shall have the right to traverse said highway as if it were
constructed and laid out as a dedicated public highway. The rights
of access shall include the right to drive an automobile or bike on
it, traverse it on foot and conduct any other lawful activity on the
highway as if it were a fully dedicated Town highway. The Town shall
have been deemed to have acquired a surface easement for said highway
and appurtenances for the width and the length of the highway as determined
by the Town Board upon the adoption of a resolution declaring said
highway to be a § 189 Highway.
Once a highway has been determined to be a § 189 Highway,
the Town shall continue to keep the existing traveled way for the
width and the length, as determined by the Town over which a surface
easement has been acquired, in a condition for the public to be able
to access and traverse said highway and for emergency service access.
Nothing herein shall obligate the Town to expend any funds to widen
the road or to acquire any subsurface easements to allow any drainage
facilities to be installed or replaced. If determined by the Town
Board to be necessary, said improvements shall be performed in accordance
with the provisions of law. Nothing herein shall require the Town
to pave or otherwise improve the existing surface of the § 189
Highway to any level beyond keeping it open in order to allow safe
passage and emergency service access.
The Town Board shall, following the affective date of this article,
adopt a resolution formally certifying all § 189 Highways
within the Town of Cortlandt. A list shall contain an inventory of
all highways previously determined to be § 189 Highways
updating their names and dimensions thereon and shall also contain
the additional 41 highways, which have been determined by the study
commissioned by the Town Board to be § 189 Highways but
which have not yet been formally declared.
In accordance with the provisions of the State Constitution
and state laws it is hereby declared to be illegal within the Town
of Cortlandt for any municipal official to provide services to a private
road, lane or driveway except in times of a state of emergency duly
declared by the appropriate executive official for the needs of the
public's health, welfare and safety. It is hereby declared to
be the intent of this article that no further roads by accepted as
§ 189 Highways within the Town of Cortlandt except as provided
for herein.
This article shall take effect immediately upon its filing with
the Secretary of State of the State of New York, except that no service
now provided will be curtailed or diminished for a period of 90 days
after its adoption.
