Village of Cornwall-On-Hudson, NY Article XIV Protection of Public Views of Hudson River

[Added 4-27-1992 by L.L. No. 5-1992]

§ 172-73 General provisions.

A. Statutory authority. Pursuant to General Municipal Law § 96-a of the State of New York and the Village Law of the State of New York, the Board of Trustees of the Village of Cornwall-on-Hudson hereby enacts a Scenic Resource Protection Law.

B. Statement of public policy and purpose.

(1) The Board of Trustees of the Village of Cornwall-on-Hudson finds that many public views of the Hudson River have been lost, altered or changed, notwithstanding the feasibility of preserving the views and without adequate consideration of the irreplaceable loss to the people of the Village of the scenic, aesthetic, cultural and historic values represented by such scenic vistas. Development of the Village should not disregard the scenic Hudson River views and should not permit their destruction and should further their preservation and creation.

[Amended 7-16-2012 by L.L. No. 5-2012]

(2) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of public views of the Hudson River from existing public roads, parks or legally accessible public property is a public necessity and is required in the interest of general health, safety and welfare of the people. The purpose of this article is to:

[Amended 7-16-2012 by L.L. No. 5-2012]

(a) Effect and accomplish the protection, enhancement and perpetuation of the public's Hudson River views which represent or reflect the elements of the Village's background.

(b) Safeguard the Village's scenic resources, aesthetic and cultural heritage, as embodied in the landscape and geologic features of the Village.

(c) Preserve property values in view preservation districts.

(d) Foster civic pride in the beauty of the Village.

(e) Preserve the character of the Village.

C. Intent.

(1) It is declared to be the intent of the Village of Cornwall-on-Hudson to protect and preserve the scenic resources of the Village, to ensure that the benefits provided by the Hudson River views will not be lost for present and future generations and to protect the broader public interest.

(2) These regulations are enacted with the intent of providing an equitable balance between the rights of the individual property owner to the free use of his property and the rights of present and future generations. Therefore, this article recognizes the rights of the owners of property within view preservation districts to use their property for reasonable purposes consistent with these and other regulations and controls, provided that such use does not result in a significant loss or impairment to the scenic resources of the Village.

(3) It is not the intent of this regulation to:

[Added 7-16-2012 by L.L. No. 5-2012]

(a) Protect views from private properties.

(b) Limit the development or use of private property to preserve or protect views from adjacent or nearby private properties.

(c) Cause the elimination, cutting or other trimming of existing naturally growing vegetation on private property to preserve or protect views from another private property, or from public property.

(d) Enact controls to protect views other than from existing public roads, parks or legally accessible public property.

(e) Enact controls of properties other than those located within the View Preservation District defined herein this article.

(f) Cause any change in the assessed value of any private property based upon the protections this chapter affords to public views.

§ 172-74 Identification and designation.

A. View Preservation District.

(1) The Zoning Law of the Village of Cornwall-on-Hudson and the Zoning Map of the Village of Cornwall-on-Hudson are hereby amended to create, identify and designate a View Preservation District to preserve and protect views of the Hudson River from existing public roads, parks or legally accessible public property.

[Amended 7-16-2012 by L.L. No. 5-2012]

(2) The View Preservation District shall be an overlay zoning district, superimposed on the CR-1 Conservation Residential, WR Waterfront Recreation, I Industrial and a portion of the SR Suburban Residential Zoning Districts.

(3) The boundaries of the View Preservation District are described as follows:

(a) All properties in the CR-1, WR and I Zoning Districts.

(b) All of the following properties in the SR Zoning District:

[1] Between Bayview Avenue and the Hudson River, from the intersection of Bayview Avenue with Dock Hill Road to the Village corporate line, including but not limited to all properties on Bay View Terrace, Taft Place and Briggs Road.

[2] Along Bayview Avenue extending 500 feet upland from Bayview Avenue from the intersection of Bayview Avenue with Dock Hill Road to the Village corporate line.

[3] Between Hudson Street and the Hudson River, from the intersection of Hudson Street with Dock Hill Road to the intersection of Hudson Street with River Avenue, including but not limited to all properties on Hedges Avenue, Cornwall Avenue, Hudson Avenue, River Street, Grandview Avenue, Wilson Avenue, Wood Avenue and Church Street.

[4] Both sides of River Avenue between Hudson Street and the Hudson River.

[5] Both sides of Spruce Street and all properties between Spruce Street and the Hudson River from the intersection of Spruce Street with River Avenue to the intersection of Spruce Street with West Street, including but not limited to all properties on Braden Court, Andrews Street, Hirle Street and Blackwell Street.

[6] Both sides of West Street between Spruce Street and the Hudson River.

[7] Fronting on the Idlewild Park Drive cul-de-sac, including Tax Map parcels 102-1-1, 2, 3, 4 and 5, 102-18-1, 102-19-1, 46 and 47, 101-1-12, 13.1, 13.21, 14, 15, 16 and 17.

§ 172-75 Use and development within View Preservation District.

A. Use restrictions.

(1) No building, structure or permanent improvement shall be erected, have its exterior reconstructed, restored, structurally altered or placed within the View Preservation District in a manner which may impact on an existing public view unless visual site plan approval by the Planning Board in accordance with the provisions of this chapter has been obtained.

(2) Trees, shrubs and hedges shall be planted and maintained so as to avoid complete obstruction of protected public views of the Hudson River.

[Amended 7-16-2012 by L.L. No. 5-2012]

B. Planning Board visual site plan standards and procedures.

(1) General provisions.

[Amended 7-16-2012 by L.L. No. 5-2012]

(a) When the Code Enforcement Officer reviews an application to permit the erection or exterior reconstruction, restoration, alteration or locating of a building, structure or permanent improvement in a view preservation district in a manner which may impact on an existing public view, the application, together with a visual environmental assessment form, shall be referred to the Planning Board. The Planning Board shall determine the best siting of the proposed activity so as to cause the least possible obstruction of the view of the Hudson River for the general public. All determinations of the Planning Board shall be made after due consideration of the aesthetic choices and the economic effect of the determination upon the property owner.

(b) Coordination with other reviews. To the maximum extent possible, the review, and decision required under this article shall be coincident with other procedures and applications that may be before the Planning Board related to the same proposed activity.

(2) Visual analysis procedures and standards. The Planning Board shall be governed by the following standards and procedures in rendering a visual site plan approval.

(a) Visibility analysis procedures. The Planning Board shall:

[1] Identify the site and project scope and perform a site inspection where desirable.

[2] Select viewpoints for visibility assessment. Key viewpoints are those at which public sensitivity to a view alteration will be the highest. In descending order of importance:

[a] Views from parks, picnic areas, scenic overlooks, historic sites and trails.

[b] Views from public roadways.

[Amended 7-16-2012 by L.L. No. 5-2012[1]]

[1] Editor's Note: This local law also repealed former Subsection B(2)(a)[2][c], regarding views from heavily developed residential areas, and provided for the redesignation of former Subsection B(2)(a)[2][d] as B(2)(a)[2][c].

[c] Areas of long view duration.[2]

[2] Editor's Note: Former Subsection B(2)(a)[2][e], regarding views from neighboring properties, which immediately followed this subsection, was repealed 7-16-2012 by L.L. No. 5-2012.

[3] Determine view importance. The most important views are those most sensitive to view alteration.

[4] Determine the visibility of the project from each viewpoint.

[5] Determine the project's visual magnitude based on:

[a] Distance: the proximity of the project site to a viewpoint. The further away the site from the viewpoint, the less its visual magnitude.

[b] Aspect: the direction of a project relative to the observer. The more directly a project faces the observer, the greater its visibility.

(b) The Planning Board shall, where appropriate, utilize the following siting considerations:

[1] Structures should be oriented so that the longest dimensions are not in full sight of the public view.

[2] Structures should be angled rather than positioned flush with the street line to avoid a wall effect.

[3] Structures should be situated in areas of shallow slope.

[4] Structures should be situated midslope or at the base of slopes rather than at the top of slopes.

[5] Where multiple structures are to be located on a site, buildings should be grouped in nonview areas or scattered throughout the site or around an open space green area to avoid a wall effect.

[a] Setbacks should be varied.

[b] Large rectangular configurations should be avoided.

(c) The Planning Board shall, where appropriate, utilize the following scale considerations:

[1] Low rise structures are not as visually dominant as multistory structures and are to be encouraged.

[2] Development is to be integrated with existing vegetation and kept below normal tree line.

[3] Construction should be compatible in scale with neighboring properties.

(d) The Planning Board shall, where appropriate, utilize the following landscaping considerations:

[1] Keeping existing trees and other shrubbery on site is highly desirable. To retain the natural characteristics of a property, care during site preparation and construction is essential, unnecessary tree removal is to be avoided and landform alterations should be minimized wherever possible.

[2] The use of deciduous vegetation, which permits seasonal Hudson River views, is encouraged.

[3] Where vegetation is too thick, views of the river can be opened up through selective cutting rather than wholesale removal of existing vegetation.

(e) The Planning Board shall utilize the following economic considerations:

[1] No alteration to a plan proposed by an applicant may be imposed by the Board pursuant to its visual site plan review authority if the economic impact of the alteration would increase the cost of the project to the applicant by more than 10%.

§ 172-76 Appeals.

[Amended 7-16-2012 by L.L. No. 5-2012]

Any decision or order of the Planning Board pursuant to this article may be appealed to the Village Board of Trustees. In accordance with the supersession authority contained in the Municipal Home Rule Law § 10(1)(ii)(e)(3), the provisions of the Village Law § 7-712-a(4), to the extent they may be deemed inconsistent with this appeals procedure, superseded.

§ 172-77 Severability.

If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered or as determined by such judgment.

§ 172-78 Effective date.

This article shall take effect immediately.

§ 172-79 (Reserved)