Village of Montebello, NY Architectural Review Board, Historic Preservation and Parks Commission, Community Development Review Committee, and Overlay Districts

There is hereby created an Architectural Review Board (ARB) that shall consist of five members who shall serve without compensation. All members of the ARB shall be residents of the Village and shall be specifically qualified by reason of training or experience in architecture, land development, community planning, real estate, landscape architecture, engineering, building construction or other relevant business or profession or by reason of civic interest and sound judgment to judge the effects of a proposed building upon the desirability, property values and development of surrounding areas.

The Chair and other members of the ARB shall be appointed by the Board of Trustees. In the event of absence or inability of the Chair to serve, the ARB may designate a member to serve as Chair, who shall preside over all proceedings and assume all duties of the Chair. The term of office of the Chair shall be one year. The term of office for each member shall be five years. The first appointments shall be for terms so fixed that one shall expire annually, and succeeding appointments shall be for five-year terms. In addition, the Board of Trustees may appoint two alternate members who will serve in the absence of the regular members. These alternate appointments shall be for two years.

In the same manner, vacancies shall be filled for the unexpired term of any member whose place has become vacant.

Notwithstanding the foregoing, the Village Board may designate either the Montebello Planning Board or the Historic Preservation and Parks Commission as the ARB, assigning all responsibilities of the ARB to the appointed agency. The terms and conditions of member's appointment to the ARB shall be coterminous with the terms and conditions of their appointment to the Planning Board or HPPC.

[Amended 2-26-2019 by L.L. No. 1-2019]

Secretary; records to be kept. The ARB shall keep or cause to be kept in the Village Hall a comprehensive record of all meetings, as well as a record of all transactions handled by said Board.

Meetings and public hearings. ARB meetings shall be held at the call of the Chairman and at such other times as the Board shall determine. The Board may hold a public hearing when it deems the same to be in the public interest.

Quorum. A majority of the full authorized membership (excluding any alternates) of the ARB shall constitute a quorum for the transaction of business. One or more of the alternate members may be substituted for regular member(s) when required for a quorum.

Minutes. The ARB shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep copies of its examinations and other official actions.

Rules and regulations. The ARB shall have power to recommend for adoption, amendment or repeal rules and regulations not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of its business, and for the purpose of carrying into effect the standards outlined in Subsection L. Such action shall be taken after public hearing and approval by the Board of Trustees.

Applications; information required.

Determination of compliance; transmittal of copies; notices; exemption from referral. As soon as practicable, the Building Inspector shall transmit a copy of the application and plans to each member of the ARB a minimum of five days prior to the meeting where it will be considered.

Notices. The Board is authorized to require applicants to serve notice to the owners of neighboring properties.

Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. For all new structures, a site plan with a scale minimum of one inch equals 20 feet must be submitted, showing the following, unless waived by the ARB:

Property lines, including curblines of adjacent streets.

Outline of structure, including walks, driveways, terraces, walls and fences.

Existing and proposed contours at two-foot intervals.

Existing trees and trees to be removed with a trunk diameter of six inches or more measured 54 inches from the ground.

All proposed plantings.

The Building Inspector or the ARB may require submission of all or a portion of the above information as part of the application for an addition to an existing structure. The Building Inspector or the ARB may require the applicant to furnish grades and elevations of adjacent property and structures where they deem this information applicable to a proper evaluation of the relationship between existing and proposed structures.

Majority vote required to approve. Approval shall be by a vote of at least a majority of the members of the ARB.

Features and suitability of site to be considered. In considering an application, the ARB shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.

Buildings shall be designed and placed in accordance with the following provisions.

The location and design of buildings shall be consistent with the design vocabulary and standards of the Montebello Comprehensive Plan and in addition shall:

Encourage the most appropriate use and development of the site and adjacent properties;

Preserve and enhance natural features and the physical environment;

Promote a desirable visual environment which is harmonious with the character of existing development and which enhances the character of the surrounding neighborhood and the Village as a whole, and avoid adversely affecting the value of adjacent or nearby properties;

Use exterior colors, facade or roof materials or a combination of colors and materials that are harmonious;

Create a coordinated and harmonious appearance through a relationship of design features, such as height and mass, building proportions, rooflines, building projections, and ornamental features;

Use all sides of the building to contribute to the architectural unity of the building;

(g)

Avoid large unbroken building masses;

(h)

Use attractive and quality building materials;

(i)

Be consistent with the architectural and design recommendations contained in the Village of Montebello Comprehensive Plan.

The use of exposed concrete block is prohibited, unless the same is textured. Metal siding should not be used to such an extent that it will be a dominant architectural feature. In addition, metal siding with exposed fastenings shall not be allowed.

All buildings shall use durable material requiring low maintenance, such as brick, stone, glass, precast concrete and wood, when properly treated. Where durability and performance are questionable, the applicant may be asked to provide manufacturer's guaranty of proof of durability.

Bright or brilliant colors shall be used only for access and shall not substantially depart from the character of existing neighborhood colors so as to detract from the overall appearance of the neighborhood.

Grounds for approval. The Board may approve any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter, would not be visually offensive or inappropriate by reason of poor quality of exterior design, would not have monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.

Conditions on approvals. In approving any application, the Board may impose conditions and safeguards designed to prevent the harmful effects set forth herein.

Grounds for disapproval. The Board may disapprove any application, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan and provided that the Board finds and states that the structure for which the permit was requested would, if erected or altered as indicated, provoke one or more of the harmful effects set forth herein by reason of:

Monotonous similarity to any other structure or structures located or proposed to be located on the same street or a corner thereof and within 200 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:

Substantially identical facade, disregarding color;

Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements; or

Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments.

Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a corner thereof and within 200 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:

Facade, disregarding color;

Size and arrangement of doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade; or

Other significant design features, such as but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences and service and loading areas.

Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, considerations of the harmony or discord of colors, or incompatibility of the proposed structure with the terrain on which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the structure from the grade of the terrain.

Advisory powers. The ARB shall advise with respect to public buildings and such other matters as the Board of Trustees, the Board of Appeals and the Planning Board may refer to it.

Refusal of disapproved permit application. The Building Inspector shall refuse any building permit application disapproved as provided in Subsection O above.

(Reserved)[1]

Editor's Note: Former Subsection R, Failure to act, was repealed 3-25-2015 by L.L. No. 2-2015.

Appeals; proceedings to review. Any applicant aggrieved by the action of the ARB in disapproving a building permit application and of the Building Inspector in denying such permit because of such disapproval may request the Board to make formal findings of fact. In the event of such a request, the Board shall make such findings of fact within 62 days after the request is filed in the Village Clerk-Treasurer's office, shall thereafter provide the applicant with an opportunity to answer the findings by the submission of formal proof and shall reconsider the application on the basis of such answer. If the application is disapproved after such reconsideration, the applicant may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such action is illegal, in whole or in part. Such proceeding must be commenced within 30 days after the filing in the office of the Village Clerk-Treasurer of the decision after reconsideration.

Fees. All applications to the ARB shall be accompanied by a fee established by the Village Board.

§ 195-60 Historic Preservation and Parks Commission.

[Amended 2-23-2005 by L.L. No. 3-2005; 6-22-2005 by L.L. No. 4-2005; 5-10-2006 by L.L. No. 2-2006; 2-28-2007 by L.L. No. 1-2007; 8-15-2007 by L.L. No. 5-2007; 4-16-2008 by L.L. No. 2-2008; 5-17-2017 by L.L. No. 1-2017; 8-15-2018 by L.L. No. 5-2018; 2-26-2019 by L.L. No. 1-2019[1]]

Historic preservation purpose.

The Board of Trustees of the Village of Montebello finds that there exist within the Village places, sites, structures and scenic roads that have a special character or special historical or aesthetic interest or value in American history, architecture and culture; that it is feasible to preserve and continue the use of such improvements; and that such improvements face the danger of being uprooted and destroyed without adequate consideration of the irreplaceable loss to the people of the Village of Montebello of the aesthetic, cultural and historical values represented by such improvements. It is the sense of the Village Board that the standing of Montebello as a community steeped in the history and culture of Rockland County and the Hudson Valley region requires the maintenance and enhancement of the historical, aesthetic, cultural and architectural heritage of the Village.

It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation, preservation and use of improvements of historical, aesthetic, cultural and architectural value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this section is to:

Effect and accomplish the protection, enhancement, perpetuation and preservation of such places, sites and structures located within the Village;

Safeguard the Village's historic, cultural and architectural heritage as embodied and reflected in such improvements;

Foster civic pride in the beauty and accomplishments of the past;

Promote the use of the Village's local historic districts and local landmarks for the education, pleasure and welfare of the people of the Village.

Parks and recreation purpose.

Previously, by virtue of Resolution No. 95-046 of the Village Board of Trustees, by authority of New York State Village Law § 3-308, it acted to establish a Board of Parks Commissioners which has been in operation ever since, said Board had and it is intended that the combined Board still shall have the authority to oversee the acquisition, design, improvement and use of parks and open space within the Village and recreation thereupon.

As the Village has matured, the role of the Parks Commission has shifted more towards maintenance and evolution of existing parklands and less towards acquisition, irrespective that such still remains a possibility. This has led to the recommendation that the Historic Preservation Commission and the Parks Commission be combined by virtue of amending our Code by local law to add the Parks and Recreation function to the Historic Preservation Commission function already appearing in § 195-60 of the Village Code, thus creating the Historic Preservation and Parks Commission.

This change also makes sense by virtue of the determination of appropriate activity within the newly created Historic and Scenic Roads Overlay District having been added to the Historic Preservation Commission function in furtherance of the recommendation of the 2017 Comprehensive Development Plan. In turn, this brings the scope of actions of the Historic Preservation Commission closer to that of the former Parks Commission.

Establishment; membership; powers and duties.

Establishment. In order to execute and effectuate the purposes declared in this section, there is hereby created an Historic Preservation and Parks Commission, also referred to herein as the "HPPC."

Membership.

The HPPC shall consist of seven members at large, all of whom shall be residents of the Village of Montebello. The members shall be appointed by the Village Board upon Mayoral recommendation for terms of years. The first appointments shall be for terms so fixed that two shall expire annually, and one in the fifth year, and succeeding appointments shall be for five-year terms. Each member shall serve until the appointment and qualification of his successor. The terms of the members first taking office shall commence on the date of their appointment. The Village Historian shall be an advisor to the Commission. All members shall have a known interest in historic preservation and architectural development within the Village of Montebello and/or in preservation of open space, horticulture, parks and recreation. To the extent available in the community and willing to serve, it is preferred that members include persons with architectural experience in working with historic buildings, an historian or person with historical knowledge of the area, a resident of an historic district, and a person who has demonstrated significant interest in and commitment to the field of historic preservation, as well as persons with horticultural, landscaping, parks and recreational knowledge and experience. More than one of these qualities can be attributed to the same member. The Commission may regularly, as necessary, supplement the skills of its members by obtaining the assistance of an architect or other persons possessed of the foregoing skills, in addition to the right to call witnesses per § 195-60D(9)(g). Upon adoption of this section, each present Chair shall poll his or her respective board to ascertain if any member wishes to leave the HPPC, or wishes to serve as an ad hoc member, and shall report to the Mayor and the Village Clerk-Treasurer no later than March 8, 2019. Based upon that information, the Mayor shall select the nine members and two ad hocs, subject to retroactive ratification at the next regular meeting of the Village Board.

[Amended 8-12-2020 by L.L. No. 3-2020]

The members shall be paid for services as fixed by resolution of the Village Board.

In the event of a vacancy occurring during the term of a member, the Village Board with the recommendation of the Mayor shall make an interim appointment to fill out the unexpired term of such member.

The respective Chairs upon adoption of this section, shall serve as Co-Chairs until the reorganizational meeting in April 2020, after which a single Chair shall be appointed annually by the Village Board upon the recommendation of the Mayor. Until then, the former Chair of the HPC shall preside over traditional HPC matters, and the former Parks Chair shall preside over Parks and Recreational matters. However, in the absence of a Co-Chair, the other shall preside over all matters.

A quorum shall consist of a majority of the full authorized membership of the HPPC. At this time it is four members.

[Amended 8-12-2020 by L.L. No. 3-2020]

Ad hoc member.

In addition to regular members appointed and serving as per Subsection C(2)(a), the Village Board of the Village of Montebello shall appoint two temporary ad hoc members to the Historic Preservation and Parks Commission to serve as provided herein. Said ad hoc member shall attend all meetings of the Commission, and the Chairman of the Commission or Vice Chairman in the absence of the Chairman shall designate the ad hoc member as an acting member as necessary when absence of regular members of the Commission or a conflict of interest of regular members of the Commission would otherwise prevent four members of the Commission from considering any pending matter. Once designated to serve on a particular matter before the Commission, the ad hoc member shall have the same powers and duties as regular members of the Commission, until the matter is concluded. Any determination by the Commission also consisting of an ad hoc member shall have the same weight and be entitled to the same authority as the act or deed of the regular Historic Preservation and Parks Commission, and all laws, statutes and regulations shall apply and be applied with equal, force and effect. An ad hoc member appointed pursuant to this section shall be paid for services as fixed by resolution of the Village Board.

[Amended 8-12-2020 by L.L. No. 3-2020]

The ad hoc member shall serve a two-year term expiring at the end of the official year. At the time of appointment of the first ad hoc member, the member shall serve from the time of appointment until the start of the next official year (reorganization meeting in April) plus a full official year. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Village Board upon recommendation of the Mayor for the unexpired term. The Village Board shall have the power to remove any ad hoc member of the Historic Preservation Commission upon recommendation of the Mayor for cause, after a public hearing if one is requested.

Although the ad hoc member of the Historic Preservation and Parks Commission shall attend all meetings of the Commission, same shall have no power to participate in any actions of the Commission, except as provided herein.

The HPPC shall have the following powers and duties:

Employment of staff and professional consultants as necessary to carry out the duties of the HPPC.

Promulgation of rules and regulations which shall provide for a quorum, regularly scheduled meetings, adoption of request forms, and any other matters within the discretion of the HPPC.

Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts.

Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Village of Montebello.

Increasing public awareness of the value of historic, cultural and architectural preservation and of historic and scenic roadways by developing and participating in public education programs.

Making recommendations to the Village Board concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts and historic and scenic roadways within the Village of Montebello.

(g)

Recommending acquisition of a landmark structure by the Village of Montebello where its preservation is essential to the purposes of this section and where private preservation is not feasible.

(h)

Preparing, reviewing or recommending applications for local landmark or local historic district designation.

(i)

Approval or disapproval of applications for certificates of appropriateness pursuant to these regulations.

(j)

Approval or disapproval of certificates of appropriateness, or providing recommendations when requested, on building permit, site plan, subdivision or other applications reviewed by the Building Inspector, Planning Board or the Board of Appeals for properties that are:

On or adjacent to a property on the National Register of Historic Places, or the New York State Register of Historic Places; or

Designated local landmarks or located in historic districts; or

Located in the Historic or Scenic Roads Overlay District, as established in § 195-64.1 of the Village Code.

(k)

Reviewing and making recommendations to county, state or the New York Metropolitan Transportation Council (NYMTC) officials on proposed improvements or alterations to historic and scenic roads, as designated by the Comprehensive Plan.

(l)

The Commission shall generally meet on a monthly basis.

Local landmarks and local historic districts.

Historic Preservation and Parks Commission recommendation to designate certain properties for local landmark and local historic district designation.

Any person may request the designation of a local landmark or local historic district by submitting to the HPPC an application for designation on a form furnished by the Commission. The HPPC, in addition, may on its own motion, initiate proceedings to recommend designation of a local landmark or historic district to the Village Board.

The HPPC shall send notice of a proposed designation to the owner or owners of property on which the landmark or historic district is situated by first-class mail with certificate of mailing at least 10 days prior to public hearing date, and same shall be forwarded to the Building Inspector. Notice of the date the application shall be heard by the Commission shall be advertised at least once in an official newspaper of the Village not less than five days prior to such hearing.

The HPPC shall recommend approval or disapproval of an application within 62 days after the receipt of the application. The application shall be deemed received on the date of the first HPPC meeting subsequent to the receipt and dating of the application by the Chairman. The recommendation may limit itself to the proposed historic district, landmark or landmark site as described in the application or may include modifications thereof. An application recommended for approval shall be forwarded to the Village Board for its consideration.

If the HPPC recommends disapproval of the application, the proceedings with regard to the proposed local landmark or historic district shall terminate. No application shall be refiled for a period of one year from the date of initial filing.

In the event that no decision is rendered within 62 days of receipt of the application, the application shall be deemed to have been recommended for approval and shall be forwarded to the Village Board for its consideration.

The Village Clerk-Treasurer shall mail the decision of the HPPC to the owners of the subject property, the Village Board, Planning Board, the Board of Appeals and the Building Inspector.

Criteria for designation of local landmarks and local historic districts. The HPPC may recommend a property for designation as a local landmark if it:

Is associated with events that have made a significant contribution to the broad patterns of the history of the Village of Montebello, Rockland County, the Hudson River Valley region, New York State or the United States of America;

Is associated with the lives of persons significant in our past;

Embodies the distinctive characteristics of a type, period or method of construction or that represents the work of a master or that possesses high artistic values or that represents a significant and distinguishable entity whose components may lack individual distinction;

Has yielded or may be likely to yield information important in prehistory or history; or

Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood in which it is situated.

Consideration of sites not meeting basic criteria. Ordinarily, cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for historic designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

A religious property deriving primary significance from architectural or artistic distinction or historical importance;

A building or structure removed from its original location, but which is significant primarily for architectural value or which is the surviving structure most importantly associated with an historic person or event;

A birthplace or grave of an historical figure of outstanding importance if there is no appropriate site or building associated with his productive life;

A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a Restoration Master Plan and when no other building or structure with the same historic association has survived;

A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or

A property achieving significance within the past 50 years if it is of exceptional importance.

The HPPC may designate a group of properties as a local historic district if it:

Contains properties which meet one or more of the criteria for designation as a landmark; and

By reason of possessing such qualities, it constitutes a distinct section of the Village of Montebello.

Village Board decision.

The Village Board shall hold a public hearing on all applications for designation that are recommended for approval by the HPPC within 62 days of receipt of a favorable recommendation. The hearing shall be advertised at least once in an official newspaper of the Village not less than five days prior to such hearing. The notice of public hearing shall be sent to the owner or owners of property being recommended for local landmark or historic district designation at the mailing address(es) identified on the Village's current tax rolls by first-class mail with certificate of mailing at least 10 days prior to the public hearing date.

The Village Board shall act to approve or disapprove the designation within 62 days of the close of the public hearing. In the event that no decision is rendered within said 62 days, the application for local landmark or historic district designation shall be deemed approved if the applicant is the owner, and in all other cases said application shall be deemed disapproved.

When the Village Board approves or disapproves an application, the Building Inspector, the HPPC, the Planning Board, the Board of Appeals, the Building Inspector and the owner or owners of the subject property shall be notified, in writing, by the Village Clerk-Treasurer. If the Village Board approves an application, the Village Clerk-Treasurer shall also notify the Tax Assessor of the Town of Ramapo.

Abeyance of building permits and proposed landmarks and historic districts. Upon receipt of notice that the HPPC is considering a property for designation as a landmark or inclusion in an historic district, the Building Inspector shall not issue any building permit for demolition, alteration or improvement activities until a final determination by the Village Board is made that the property does not qualify for local landmark designation or inclusion in an historic district. If the Village Board designates the property in question as a landmark or as part of an historic district, no building permit shall be issued except pursuant to Subsection D(8) of this section.

(7)

Mapping. Upon notification that the Village Board has caused a property to be designated a local landmark or local historic district, the Village Clerk-Treasurer shall immediately cause such property to be so designated and identified on the Zoning Map.

(8)

Certificate of appropriateness for alteration, demolition or new construction affecting local landmarks, historic districts, or sites in the Historic and Scenic Roads Overlay District. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or property within an historic district or the Historic and Scenic Roads Overlay District, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving, landscaping, plantings or other exterior elements which affect the appearance and cohesiveness of the local landmark or such district, without first obtaining a certificate of appropriateness from the HPPC, unless exempt as a minor project pursuant to § 195-64.1D. Once a certificate of appropriateness has been issued, any applications to Village agencies for any development proposals shall be referred to the HPPC for a determination of the effect of the proposal on the landmarked property or historic district.

(9)

Certificate of appropriateness application procedure.

Prior to the commencement of any work requiring a certificate of appropriateness, the applicant shall file an application for such a certificate with the Building Inspector.

The application shall contain:

Name, address, and telephone number of applicants.

Location and photographs of property.

Elevation drawings of proposed changes, if available.

Perspective drawings, including relationship to adjacent properties, if available.

Samples of colors and materials to be used.

Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property.

[7]

Any other information that the HPPC may deem necessary in order to visualize the project.

The application shall be accompanied by a fee in accordance with the Village of Montebello Schedule of Fees[2] and shall state that the property is a local landmark and/or is located within or abutting the boundaries of a local historic district.

Editor's Note: The Schedule of Fees is on file in the Village offices.

The Building Inspector shall immediately transmit the application and the plans to the HPPC.

The HPPC shall review the application according to the provisions of this section. In reviewing the plans, the Commission may confer with the applicant or his authorized representative concerning the building permit.

The Commission shall call a public hearing on said application within 30 days subsequent to the filing of the application with the Building Inspector, which hearing shall be advertised at least once in a newspaper of general circulation in the Village not less than five days prior to such hearing.

(g)

The HPPC may call witnesses, including historians, architects, engineers, planning consultants or other experts, and may introduce other evidence at such hearing. In considering any such application, the Commission shall bear in mind the purpose of this section and shall give consideration to any report of local historical societies and advice of the Village Historian relating to the general design, arrangement, architectural style, texture, material and colors of the building or structures in question, the location on the plot of ground and the relation of such features to other buildings, structures, trees or other forms of growth, landmarks, public or private roads and all other such factors pertaining to the renovation, installation or conservation of any building or improvement which would be obviously incongruous with the historic aspects of the surrounding area.

(h)

No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the HPPC. The certificate of appropriateness shall be in addition to and not in lieu of any building permit or demolition permit that may be required. In the case of an alteration to an exterior architectural feature not requiring a building permit, the applicant shall not commence activity until the HPPC has acted on the application.

(10)

Criteria for approval of certificate of appropriateness.

In reviewing the plans, the HPPC shall give consideration to the following:

The historical and architectural value and significance of the building or structure and its relationship to the historic and architectural value of the surrounding area.

The general appropriateness of proposed exterior design, colors, arrangement, texture and materials.

The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.

Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties in streets, including setback.

Properties which contribute to the character of the historic district shall be retained, with their exterior historic features altered as little as possible, and their interior features retained to the extent reasonably possible if the HPPC also finds same to be historically significant.

Any other factors relating to aesthetic considerations that the HPPC deems pertinent to the benefit of the Village and the historic or architectural significance of the structure or building and surrounding area.

Alterations, repairs and additions to buildings or structures located wholly or partly within the boundaries of an historic district or which are designated as landmarks shall be made consistent with the materials and styles of the particular architectural period of which said building or structure is characteristic.

New construction shall be consistent with the architectural styles or historic value in an historic district. However, the HPPC may approve the construction of buildings or structures that have a dissimilar architectural style to that of the historic district if the HPPC deems that the new construction will be in the best interests of the historic district.

Moving of buildings or structures designated as landmarks or located wholly or partly within the boundaries of the historic district may be allowed as an alternative to demolition.

The following criteria and standards shall apply to structures and sites in the Historic and Scenic Roads Overlay District, as defined in § 195-64.1:

The HPPC shall review the proposed application for potential aesthetic or character impacts on those historic and aesthetic resources identified in the Historic and Aesthetic Resources Element of the Comprehensive Plan of the Village of Montebello and excerpted here for convenience as Attachment 12 of this chapter. Where the HPPC finds that the proposed application could result in development out of character with area historic or aesthetic resources, it shall suggest alternative siting, site design, architectural appearance, buffering or landscaping in order to mitigate potential impacts. The HPPC may require renderings, visual simulations, or cross sections including under leaf-off conditions to determine the scope and nature of potential impacts and the effectiveness of proposed mitigations.

On lots with front yard areas within the Historic and Scenic Road Overlay District, a buffer strip with all native and natural vegetation shall be maintained between any newly constructed or modified building and the road right-of-way line. The minimum width of the naturalized vegetative buffer shall be equal to at least 10% of the depth of the parcel, and shall be maintained from the property line adjacent to the regulated road towards the building or structure. In cases where the minimum width has already been cleared or is an established lawn area, a planting plan shall be developed by the applicant to revegetate the buffer area with native vegetation. The buffer should be designed so as not to impair significant views of area historic or aesthetic resources. The HPPC will recommend the dedication of easements for buffer areas where it believes such buffers are critical for maintaining the historic or scenic quality of the road.

Within the minimum naturalized vegetative buffer strip, removal and/or maintenance of dangerous dead wood and non-native invasive species is permitted. Invasive species shall be those defined in New York State Department of Environmental Conservation NYCRR Part 575 Invasive Species Regulations, which can be found at: http://www.dec.ny.gov/docs/lands_forests_pdf/isprohibitedplants2.pdf.

The construction of a driveway with a single curb cut for each principal use is permitted through the buffer area. This requirement shall not be deemed to prohibit boulevards.

Stone walls. Stone walls shall be retained wherever possible. If stone walls or portions thereof must be removed for safety reasons, they shall be rebuilt in a comparable manner in a similar location and with a similar orientation, with respect to the right-of-way of the historic and scenic road. Along certain roads, where stone walls are prevalent, the HPPC as a condition of issuing a certificate of appropriateness, may require the construction of a stone wall as a feature within the minimum naturalized buffer. The appropriate agency having jurisdiction over the frontage road shall be provided the opportunity to review and comment on the proposed stone wall construction specifications and placement prior to the issuance of a certificate of appropriateness.

Existing structures on a lot or portion thereof within the Historic and Scenic Overlay District with historic or architectural significance shall be retained to the extent possible. Alterations to such structures shall be compatible with the architecture of the existing structure with regard to window patterns, siding materials, colors, architectural detailing and architectural style. Any new structures or additions to existing structures shall be compatible with any structures identified within the Historic and Scenic Resources Element of the Comprehensive Plan of the Village of Montebello located within the same public viewshed with regard to architectural style, apparent massing, setback height and architectural quality.

[7]

Buildings or structures visible from the historic and scenic roads, including canopies, car ports, pavilions, gazebos, or the like, shall have peaked roofs, except that hip roofs with a slope of at least 4:12 and flat roofs that are hidden by a raised cornice shall also be permitted.

[8]

Parking fields, garages and garage doors shall be designed and sited in a manner to minimize their visual impact from the historic and scenic road.

[9]

Fences. Chain-link fences, and stockade or other fence designs that completely block visual access to land in the corridor, shall be presumptively inappropriate, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section, or for some other good reason uniquely related to the site, in the judgement of the HPPC, and in such a case special attention to vegetative buffer shall be demonstrated, also in the judgment of the HPPC. Where stone walls are not present, open wooden fencing such as board-on-post fencing is acceptable.

[10]

Where the Village Board has adopted rural character design guidelines, in addition to the criteria listed herein, the HPPC shall review the proposed application against such design guidelines and require substantial compliance with same.

The HPPC may limit its jurisdiction and review of any proposed development or action by the county or state with respect to its property within the Historic and Scenic Roads Overlay District, after weighing the nine factors outlined in the 1988 Court of Appeals Decision in the case of Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702.

(11)

Decisionmaking.

The Commission shall approve, modify and approve or disapprove the application within 30 days after the close of the public hearing and shall transmit a record of its proceedings and findings to the Building Inspector and applicant.

Any determination of the Commission shall set forth the reasons for such determination. The HPPC shall promptly give notice of any such determination to the applicant. Such notice shall include a copy of such determination. Any such determination may prescribe conditions under which the proposed work shall be done, in order to effectuate the purposes of this section, and shall include recommendations by the HPPC as to the performance of such work. The HPPC shall promptly transmit notice of such determination to the Building Inspector, the Planning Board, and the Board of Appeals when appropriate, and the Tax Assessor.

The Building Inspector shall not grant a building permit or a demolition permit until such time that a decision has been rendered by the HPPC. In no case shall a permit be issued prior to any other Village approvals that might be required, e.g., site plan approval by the Planning Board or a variance by the Board of Appeals.

(12)

Demolition hardship criteria. An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply to the Village Board for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that all of the following apply:

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(13)

Alteration hardship criteria.

An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

After receiving written notification from the HPPC of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Village Board finds that a hardship exists.

The HPPC may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents to present their views.

The applicant shall consult in good faith with the HPPC and all interested parties in a diligent effort to seek an alternative that will result in the preservation of the property.

All decisions of the Village Board shall be in writing. A copy shall be sent to the applicant by first-class mail with certificate of mailing and a copy filed with the Building Inspector. The Village Board's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Village Board shall approve only such work as is necessary to alleviate the hardship.

(14)

Enforcement. All work performed pursuant to a certificate of appropriateness issued under this section shall conform to any requirements included therein. It shall be the duty of the Building Inspector or Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the HPPC, the Building Inspector or Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.

(15)

Maintenance and repair required. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district that does not involve a change in design, material, color, or outward appearance. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the HPPC, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include:

Deterioration of exterior walls or other vertical supports.

Deterioration of roofs or other horizontal members.

Deterioration of exterior chimneys.

Deterioration or crumbling of exterior stucco or mortar.

Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.

Deterioration of any feature so as to create a hazardous condition which would lead to the claim that demolition is necessary for public safety.

(16)

This section shall not apply in any case where the Building Inspector or any authorized Village enforcement agency orders or directs the construction, removal, alteration or demolition of any improvements on a landmark site or in an historic district for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.

(17)

Historic Preservation and Parks Commission advisory role.

Purpose and intent.

Certain development activities have the potential to impact the historic and visual quality of properties, buildings, structures, and other features that have been identified as significant historic and cultural resources as demonstrated by their inclusion on the National Register of Historic Places or the New York State Register of Historic Places, or in the Historic and Scenic Roads Overlay District.

It is the intent of this section to interject the advice of the HPPC during the SEQRA review process for certain applications that affect properties located on the National Register of Historic Places or the State Register of Historic Places, or in the Historic and Scenic Roads Overlay District.

The HPPC shall act in an advisory capacity to assist a lead agency in determining the potential impact of proposed actions occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Office for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places, or that is located in the Historic and Scenic Roads Overlay District.

Referral by agencies. Where an application is submitted to the Planning Board, the Board of Appeals, or the Village Board affecting property listed in the National or State Register or designated by the HPPC, a copy of said application shall also be transmitted to the HPPC for review. The application shall be accompanied by such drawings or material samples as may be required to clearly indicate the design intent.

The Village Planner shall annually review the New York Metropolitan Transportation Council (NYMTC) Transportation Improvement Program and confer with the New York State Department of Transportation, Rockland County Highway Department and Town of Ramapo Department of Public Works to determine whether any proposed transportation improvement projects will have a negative impact on the Historic and Scenic Roads Overlay District, and to make written recommendations on potential ways to mitigate such impacts. When a street or road located in the Historic and Scenic Roads Overlay is proposed to be altered or improved by the town, county, state or the New York Metropolitan Transportation Council (NYMTC), the HPPC shall consider the following, when analyzing the proposal and making its recommendations for any design changes:

Alterations and improvements of designated historic and scenic roads should be carried out to preserve to the highest degree possible and enhance wherever feasible the aesthetic, historic and/or scenic and historic characteristics of the roadway.

Vehicular speeds. Scenic and historic values are correlated with lower vehicular speeds. The impact of the alteration or improvement of the existing speed of vehicular traffic along the scenic and historic roadway should be determined. The lower speed limit should be posted and suitably enforced.

Curves. Scenic and historic values correlate with the existence of curves in a roadway which allow a constant unfolding of new and changing views. Curves should not be eliminated unless they constitute a safety hazard and unless no reasonable economically practicable alternative, such as lower speed limits, could address safety concerns.

Grades. Hills and valleys and corresponding changes in topography and road grades are correlated with scenic and historic values. Changing grades through cuts and fills should not be undertaken unless necessary for roadway safety.

Widths. Narrow roadways correlate with scenic and historic beauty, especially when surrounded by natural vegetation and a canopy of trees. Scenic and historic roadways, or portions thereof, should not be widened unless there are no other reasonable, economically practicable alternatives, such as construction of wide bypasses and turnouts at intervals where they will have the least impact on scenic and historic values.

Side slopes. Existing steepness of side slopes is preferred to reduction of gradient through extensive removal of soil, rock, and slope, particularly where the slope is fully stabilized and has extensive ground cover, shrubs or trees.

[7]

Vistas. Roadside views of near and distant scenic and historic landscapes should be preserved and, where possible, enhanced through vegetative management and selective cutting to maintain or open up such views.

[8]

Stone walls. Stone walls should be retained wherever possible. If stone walls or portions thereof must be removed for safety reasons, they should be rebuilt in a comparable manner within the untraveled portion of the right-of-way of the scenic and historic roadway.

[9]

Road surface. Road surfaces are correlated with the historical character of a roadway and contribute to its scenic and historic beauty. Existing road surfaces should be retained where possible. If the surface of a roadway must be paved and/or altered for safety reasons, such road surface should be repaired or paved in a manner consistent with and for the purpose of preserving the existing character of said roadway.

[10]

Utility lines. Wherever possible, utility lines should be placed underground. Where they are overhead, the utility corporations should be encouraged to cooperate by implementing suitable vegetation management techniques which preserve the wildflowers and the shrubs.

[11]

Vegetation. Vegetation on the side of the road should be managed in such a way as to preserve flowers, shrubs, wildlife and trees. Overarching isolated trees and the canopy of a closed forest are valuable scenic qualities and should be preserved wherever possible. Maintenance of scenic roadways should be done so as to minimize root damage to bordering trees.

[12]

Drainage ditches. Drainage swales should be vegetated or lined with stones in areas subject to erosion.

[13]

To preserve a rural experience, no sidewalks, concrete curbs or walkways should be constructed along road segments in the Historic and Scenic Roads Overlay District, except along the following roads: Hemion Road and North Airmont Road. Where it is absolutely critical to support existing levels of pedestrian or bicycle traffic, preference should be given to on-road painted facilities. Any new curbs should be comprised of flat-laid Belgian block except as otherwise required by the Village Engineer.

[14]

New curb cuts to provide road access to new development should be minimized, with shared curb cuts to be utilized whenever practicable. Existing curb cuts and driveways should be removed whenever a reduction in road access points can be achieved and adequate road access can still be provided.

The HPPC shall advise the referring agency on the proposed action's potential effects on the listed or nominated property and may make recommendations to limit said effects. In advising the agencies on their respective applications, the HPPC shall consider the following:

The general design, character and appropriateness to the property of the proposed alteration or new construction;

The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;

Texture, materials, and color and their relation to similar features of other properties in the neighborhood;

The importance of historic, architectural, or other features to the significance of the property.

If the HPPC fails to act upon the application within 30 days of receipt of the application, the HPPC shall be deemed to have issued a favorable recommendation on the proposed action.

(18)

Penalties for offenses; civil remedies.

Failure to comply with any of the provisions of this section shall be deemed a violation, and the violator shall be liable to a fine of not less than a minimum amount for each day of violation, but not more than an amount in the aggregate if the violation continues, said amounts as set by the Village Board by resolution from time to time.

Any person who demolishes, substantially alters an historic element or aspect, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this section shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Village Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(19)

Appeals. Any person aggrieved by a decision of the Historic Preservation and Parks Commission relating to hardship or a certificate of appropriateness may, within 15 days of the decision, file a written application with the Village Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria. The Village Board will have up to 62 days to hold a public hearing upon the filing of an appeal and up to 62 days in which to render a decision after closing the hearing.

Parks and recreation.

It shall also be the duty and authority of the HPPC to supervise and control all of the Village parks, recreational areas and grounds, and open spaces, in the care and maintenance of the same, subject to the approval of the Board of Trustees. The HPPC shall oversee the design or redesign of all parks so as to provide for the most efficient use of said parks. Other powers and duties shall include assisting in any application for any grants that may be used within the park system with the Board of Trustees, and, in conjunction with the Village Board of Trustees providing for any and all expansion of the park system and the hiring of any employees for said parks.

The HPPC shall annually submit a proposed budget under § 6-602 of the Village Law of the State of New York to the Village Board of Trustees for official approval and ratification. The Commission may also solicit or receive any gifts or bequests of money or personal property or any donation to be applied, principal or income, for temporary or permanent use for any of the purposes set forth above. Also, no Commission member may spend any Village funds without permission of the Commission which may not expend more than $200 without authorization from the full Board of Trustees, which amounts may be increased by resolution of the Village Board.

The Village Treasurer shall be custodian of the monies made available for expenditure and will make payments therefrom upon audit by the Village Board. The Village Treasurer shall submit a balance of accounts quarterly to the Chairman of the HPPC. This balance will consist of the amount left in each separate item as listed in the approved budget.

The HPPC shall make a semiannual report re: parks and recreation to the Village Board of Trustees and such other reports as from time to time may be requested by said Board.

The HPPC shall recommend additional powers and duties re: Parks and Recreation subject to the approval of the Board of Trustees.

The HPPC shall study and recommend, from time to time, the acquisition of parklands and the making of improvements thereto.

Editor’s Note: This local law also amended the title of Article XI of this chapter.

§ 195-61 Community Development Review Committee (CDRC).

[Added 5-19-2021 by L.L. No. 2-2021[1]]

Establishment and legislative intent. There is hereby established a Community Development Review Committee (CDRC) to act as an advisory panel to the Planning Board. The CDRC shall review the technical aspects of all Planning Board applications prior to the applicant's first appearance before the Planning Board, to ensure that the application is substantially complete for consideration by the Planning Board. The intent of the CDRC is to streamline the application process by identifying technical or completeness issues early in the process, and to minimize the number of iterative appearances before the Planning Board.

The CDRC shall be composed of the Village Engineer, the Village Planner, the Village Attorney, and the Village Building Inspector. The Village Planner or designee shall act as Chairperson. Meetings shall be open to the public, but public comment will only be permitted at the sole discretion of the Chairperson. The Chairperson of the Planning Board may, at his or her discretion, designate a member of the Planning Board to serve as a liaison to the CDRC.

The applicant shall submit their initial application submission to the CDRC for discussion prior to first appearing before the Planning Board. The applicant should provide as much information as possible, keeping in mind the specific submission requirements of this chapter. At this time, the applicant should outline any variances, modifications, or waivers he or she is requesting from the requirements of the Code. The CDRC shall opine as to whether an application is sufficiently complete to go before the Planning Board for review. If the CDRC determines that an application is not yet ready for Planning Board review, it shall recommend that the applicant return to the CDRC with a revised submittal, in accordance with its comments. Should the applicant wish to proceed directly to the Planning Board after the CDRC finds that the application is not ready, the applicant may do so at the applicant's own risk that the Planning Board may find it incomplete.

At the beginning of each regularly scheduled monthly meeting of the Planning Board, the Village Planner or designee will provide a brief update of the applications discussed by the CDRC at its previous meeting, if any. Minutes of CDRC meetings will be provided to the Planning Board in preparation for the monthly CDRC update.

At its sole discretion, the Planning Board may convene a separate and distinct update meeting with the CDRC for applications deemed particularly complex, or for any other reason deemed sufficient by the Planning Board. If such a meeting is convened, it shall be considered a "workshop" meeting of the Planning Board and will be open to the public. However, no public participation will be permitted except in the sole discretion of the Chairperson acting for the Planning Board.

The CDRC may act in a technical review and/or an advisory capacity to the Village Board or to the Zoning Board of Appeals as authorized by this chapter.

The CDRC shall have those powers and duties as are set forth in these regulations or as may be delegated to them from time to time by the Planning Board; provided, however, that in no case may the CDRC be empowered to approve or disapprove, on behalf of the Planning Board, any application for relief or approval.

Editor's Note: This local law also changed the title of Article XI and redesignated former § 195-61 as § 195-62.

§ 195-62 Rural Preservation Overlay District. [1]

Purpose. The Village finds that there are areas of the Village that still retain their unique historic, rural, woodland, and scenic character. Despite the best intentions of the Village to encourage development that is in keeping with the rural woodland character of Montebello, conventional subdivisions developed in other parts of the Village have eroded the rural character in some parts of the community. As expressed in the goals, objectives and policies of the Village of Montebello Comprehensive Plan, the Village desires to retain areas that still maintain the Village's quintessential rural woodland character to the maximum extent practicable by preserving existing views and structures within areas designed as Rural Preservation Overlay Districts. In order to achieve the Village's objective to preserve the character of Spook Rock Road while allowing property owners reasonable use of their property, the Village has established the Rural Preservation Overlay district to permit residential development at a density that exceeds the density of development which would be permitted under conventional zoning, provided the conditions of this section are met.

Applications for the approval of a site and/or subdivision plan conforming to the requirements of this section are subject to approval by the Planning Board and the ARB.

Design standards. The following design standards shall apply to rural residential cluster development:

Procedurally, a conventional subdivision shall be platted in accordance with the bulk requirements for the RR-50 Zoning District for purposes of determining the total number of dwellings that could otherwise be constructed in accordance with RR-50 requirements. In laying out the conventional subdivision, the provisions of § 195-14A shall apply. The conventional lot layout shall also plat out a minimum lot area for any existing farmstead within the preservation area.

The residential yield will be clustered outside of areas intended to be preserved in their existing scenic character. These "preservation" areas are as follows:

Land within a distance of 200 feet of the easterly right-of-way line along Spook Rock Road, including any existing residences, barns, stone walls, or mature trees that might be located within same.

Land within a distance of 300 feet measured from the westerly right-of-way line along Spook Rock Road, including any existing residences, barns, stone walls, or mature trees that are located within same.

Areas outside the preservation areas may be developed with single-family detached dwellings on lots that generally conform to the bulk requirements regulating single-family detached residences in the R-25 zone. Alternatively, fee simple single-family attached dwellings may be permitted subject to a resolution by the Village Board approving the development of single-family attached dwellings. No more than four single-family attached dwellings are permitted in any one building.

Viewshed analysis. As part of any application for rural residential cluster development in the Rural Preservation Overlay District, the applicant shall demonstrate that the buildings shall be clustered and situated on the site so as not to adversely impact the scenic views of the preservation area visible from Spook Rock Road. The ARB may require the construction of stone walls, fences, installation of landscaping, or incorporate other features so as to screen views of the clustered development.

Architectural style. Design plans for new construction shall be submitted and approved by the ARB in order to assure that the new structures complement the architecture of existing buildings in the preservation area. For example, if an existing building within the preservation area has been constructed in the "federal" style, new construction shall incorporate architectural details, massing, fenestration, building materials, or other features that are reminiscent of the same style.

Restrictive covenants shall be placed on the preservation areas so as to limit alterations to the existing structures and limit future disturbance to the landscape being protected. Existing residential structures within the preservation area may continue to be privately-owned and used as single-family detached residences, or they may be converted to a clubhouse or center for use by the residents of the cluster subdivision as part of a homeowners' association. At the request of the applicant, the Village Board in its discretion may approve use of the preservation area for other purposes that are accessory to the cluster subdivision, provided the purposes of this section are met.

(7)

If not owned privately or by a homeowners' association, the preservation area may be owned and/or maintained by the Village or be released to a land trust. Deed restrictions shall be required to ensure no future additional development occurs within the preservation area.

Editor's Note: Former § 195-62, Estate Preservation (EP) Overlay District, as amended, was repealed 11-13-2019 by L.L. No. 8-2019.

§ 195-63 Environmental Protection Overlay Districts.

[Amended 9-15-2010 by L.L. No. 2-2010; 2-19-2014 by L.L. No. 2-2014; 6-20-2018 by L.L. No. 4-2018; 11-13-2019 by L.L. No. 4-2019]

Purpose. There exists within the Village of Montebello a continuous and largely contiguous system of environmentally sensitive lands, steep slopes, freshwater wetlands, waterbodies, streams, and 100-year floodplains. Disturbance of these systems would impact the environmental quality of the Village, thereby potentially impacting property values, affecting water quality, impacting significant ecological habitat, and potentially creating or exacerbating drainage conditions resulting in loss of property or property value.

Location and standards for Environmental Protection Overlay Districts (EPOD).

Floodplain Environmental Protection Overlay District (F-EPOD).

F-EPOD Overlay defined. The location of the F-EPOD shall be any area within the Village of Montebello mapped by the Federal Emergency Management Agency on its Flood Insurance Rate Maps and as defined by § 92-4 of this Code either as an "area of special flood hazard," "base flood," or "one-hundred-year flood" area.

F-EPOD standards.

Development coverage limits. Development coverage, as defined in § 195-124 of this chapter, shall not exceed 15% of any portion of the subject site located within the F-EPOD.

Flood damage prevention code. All construction, occupancies and land use activities in the F-EPOD shall comply with Chapter 92 of the Village Code, Flood Damage Prevention. No development shall be undertaken in any area of special flood hazard without first securing a floodplain development permit. Any application for a building permit, site plan, subdivision, special use permit or any application for a variance which proposes disturbance that is regulated by Chapter 92 shall be conditioned upon the applicant securing a floodplain development permit if required.

F-EPOD to be depicted by applicant. Any lot plan, site plan, or subdivision plan that is submitted to a board for approval, or to the Building Inspector in support of a building permit application, shall clearly show the limits of the F-EPOD as prepared by the applicant, and all improvements or land disturbance proposed therein. The F-EPOD boundary shall be mapped by a licensed surveyor or engineer on the applicant's site plan, and the location of the F-EPOD as shown on the stamped drawing shall control.

NOTE: See Chapter 195, Attachment 8, dated September 17, 2019, for generalized location. The depiction of the boundaries of the F-EPOD overlay on the F-EPOD Generalized Location Map is for general guidance only.

[Amended 11-13-2019 by L.L. No. 6-2019]

Habitable buildings in the one-hundred-year floodplain. The construction, alteration or enlargement of any habitable building in a one-hundred-year flood area shall require a Planning Board site development plan review, pursuant to Article IX of this chapter, in addition to a floodplain development permit required by Chapter 92. Before granting any approval for such activities, the Planning Board shall make a finding that all of the following criteria below have been met. The Planning Board may conduct a site visit for the purpose of gathering evidence prior to making such findings that:

[a]

The proposed regulated activity is compatible with the public health and welfare of the Village.

[b]

The applicant has demonstrated that there is no practicable alternative for the proposed regulated activity or action at other locations on the subject parcel outside of the F-EPOD, or at any locations at a greater distance from or at a greater elevation above the area subject to flooding.

[c]

Measures have been added to the plan or action to minimize flood damage; to mitigate impacts on the floodplain's ability to store floodwaters; to allow natural functioning of the floodplain; and to minimize the obstruction of the passage of floodwaters under or around the structures.

[d]

The exercise of property rights in this case and the public benefit derived from such use of these rights outweigh or justify the possible degradation or function of the floodplain, the interference with the exercise of other property rights than those of the applicant and the impairment or endangerment of the public health, safety or welfare.

[e]

The activity will not result in significant adverse environmental impacts.

Relocation of proposed improvements. Any Village agency that is responsible for reviewing and deciding upon any variance, building permit, site plan, or subdivision plan for any improvements proposed within an F-EPOD, may, as a condition of approval, require that a proposed improvement(s) be relocated outside the F-EPOD or not placed within an F-EPOD to protect the health, safety and general welfare of the community, if practicable.

Wetlands, Waterbodies, and Streams Environmental Protection Overlay District (W-EPOD).

W-EPOD Overlay defined. The location of the W-EPOD shall be any area within the Village of Montebello meeting any one of the following criteria:

All freshwater wetlands meeting the criteria as defined in Chapter 92, § 92-4 and in Chapter 191, § 191-3 of the Village Code, and any uplands within 100 feet, horizontal distance, of such wetland boundary.

The Mahwah River, classified as protected Class A waters by the New York State Department of Environmental Conservation in 6 NYCRR 701 et seq, and any uplands within 150 feet, horizontal distance, of the normal high-water line of their banks.

All streams classified as protected Class B waters by the New York State Department of Environmental Conservation in 6 NYCRR 701 et seq., and any uplands within 100 feet, horizontal distance, of the normal high-water line of their banks.

All streams classified as protected Class C waters by the New York State Department of Environmental Conservation in 6 NYCRR 701 et seq., and any uplands within 75 feet, horizontal distance, of the normal high-water line of their banks.

W-EPOD standards.

W-EPOD boundaries to be depicted by applicant. Any lot plan, site plan, or subdivision plan that is submitted to a board for approval, or to the Building Inspector in support of a building permit application shall clearly show the limits of the W-EPOD as prepared by the applicant, and all improvements or land or vegetation disturbance or limits of clearing proposed therein. Boundaries of wetlands, waterbodies and streams and the extent of any required upland buffer areas, as defined above, shall be determined by a licensed New York State landscape architect, or other qualified licensed or certified New York State professional, and the location of the W-EPOD as shown on the stamped drawing shall control.

NOTE: See Chapter 195, Attachment 9, dated September 17, 2019, for generalized location. The depiction of the boundaries of the W-EPOD overlay on the W-EPOD Generalized Location Map is for general guidance only.

[Amended 11-13-2019 by L.L. No. 6-2019]

Within the portion of the W-EPOD, within 150 feet of the normal high-water line of the banks of the protected Class A waters of the Mahwah River, after the adoption of this section, any new structures, land disturbance, clearing, removal of vegetation, parking, storage or grading or landscaping shall comply with the provisions of Chapter 191 of this Code. Landscaped or lawn areas, structures or parking areas in existence are grandfathered and may be maintained, but may be expanded only in accordance with Chapter 191 of this Code.

Within the portion of the W-EPOD, within 100 feet of the boundary of any freshwater wetland, after the adoption of this section, any new structures, land disturbance, clearing, removal of vegetation, parking, storage or grading or landscaping shall comply with the provisions of Chapter 191 of this Code. Landscaped or lawn areas, structures or parking areas in existence are grandfathered and may be maintained, but may be expanded only in accordance with Chapter 191 of this Code.

Within the portion of the W-EPOD, within 100 feet of the normal high-water line of the banks of a stream classified as protected Class B waters, after the adoption of this section, any new structures, land disturbance, clearing, removal of vegetation, parking, storage or grading or landscaping shall comply with the provisions of Chapter 191 of this Code. Landscaped or lawn areas, structures or parking areas in existence are grandfathered and may be maintained, but may be expanded only in accordance with Chapter 191 of this Code.

Within the portion of the W-EPOD, within 75 feet of the normal high-water line of the banks of a stream classified as protected Class C waters, after the adoption of this section, any new structures, land disturbance, clearing, removal of vegetation, parking, storage or grading or landscaping shall comply with the provisions of Chapter 191 of this Code. Landscaped or lawn areas, structures or parking areas in existence are grandfathered and may be maintained, but may be expanded only in accordance with Chapter 191 of this Code.

Relocation of proposed improvements. Any Village agency that is responsible for reviewing and deciding upon any variance, building permit, site plan, or subdivision plan may, as a condition of approval, require that a proposed improvement(s) be relocated outside the W-EPOD or not placed within a W-EPOD to protect the health, safety and general welfare of the community, if practicable.

Steep Slopes Environmental Protection Overlay District (S-EPOD).

S-EPOD Overlay defined. The location of the S-EPOD overlay shall be any area within the Village of Montebello with a slope of 15% or greater, and which is 500 square feet or greater in size.

S-EPOD standards.

S-EPOD to be depicted by applicant. Any lot plan, site plan, or subdivision plan that is submitted to a board for approval, or to the Building Inspector in support of a building permit application, shall clearly show the limits of the S-EPOD as prepared by the applicant, and all improvements or land disturbance proposed therein. The S-EPOD boundary shall be mapped by a licensed surveyor or engineer on the applicant's site plan, and the location of the S-EPOD as shown on the stamped drawing shall control.

NOTE: See Chapter 195, Attachment 10, dated September 17, 2019, for generalized location. The depiction of the boundaries of the S-EPOD overlay on the S-EPOD Generalized Location Map is for general guidance only.

[Amended 11-13-2019 by L.L. No. 6-2019]

Within the S-EPOD, construction of any structure, clearing, or grading shall be completely prohibited on those portions of the S-EPOD with slopes of 25% or greater.

Within the S-EPOD, construction of any structure, clearing, or grading shall be limited to 20% of the portion of the subject site with slopes of between 15% and 24%.

Relocation of proposed improvements. Any Village agency that is responsible for reviewing and deciding upon any variance, building permit, site plan, or subdivision plan may, as a condition of approval, require that a proposed improvement(s) be relocated outside the S-EPOD or not placed within a S-EPOD to protect the health, safety and general welfare of the community, if practicable.

Site plan review and approval required in any EPOD. Any disturbance of land, and any building permit application proposing a structure within any EPOD overlay defined above, including fences, shall be reviewed by the Village Engineer, and reviewed and approved by the Planning Board, except that the improvements listed below shall not require approval for construction in any EPOD. All other applicable approvals and permits that may be required shall be obtained prior to disturbance.

Signs in accordance with Chapter 143.

Utility boxes, provided same are screened, and also provided they are not otherwise located within a wetland, floodplain or stream.

Conditions of approval. The Planning Board shall ensure that any land use, construction, or disturbance in any EPOD shall meet the standards of § 195-63B of this chapter. The Planning Board shall ensure that the purposes of the overlay district are met, and may establish conditions to protect the qualities of any EPOD, by requiring structures and other proposed improvements to be located elsewhere on the property outside any EPOD, reduced in size, or other changes that would protect the overlay district.

Grandfathering. Preexisting uses shall be permitted to continue in any EPOD and existing structures shall be grandfathered from these requirements; however, any proposed additions or expansions to existing structures which would be located within any EPOD shall require review and approval by the Planning Board.

Site plan submission. Sufficient information shall be submitted to the satisfaction of the Planning Board to illustrate the location of or the extent of any EPOD on the subject property, and the location of any proposed improvements or disturbances in relation to the overlay(s), and to make a determination as to whether the location of proposed improvements or disturbances will impact the resources contained in the overlay district.

The portion of any lot located in any EPOD shall not be eliminated from the calculation of minimum lot area, unless otherwise constrained by the features regulated in § 195-14A of this chapter.

§ 195-64 Route 59 Development District.

[Added 9-15-2010 by L.L. No. 2-2010[1]; amended 8-16-2017 by L.L. No. 4-2017]

Purpose. The Route 59 Development District is intended to effectuate the goals and objectives of the Montebello Comprehensive Plan, which allows the development of this property according to the NS, LO-C, R-AH, or R25 Zoning Districts and for assisted living residences, or a mix thereof, each portion complying with the requirements of the associated district or as otherwise set forth herein with a one-hundred-foot conservation easement impressed along Route 59 preserving existing vegetation and the stone wall, except as necessary for egress or ingress, site distance and road widening to create turning movements, and a fifty-foot conservation easement along the westerly boundary. In the event that the existing stone wall interferes with site distance or turning movements, the wall will be relocated and shall, to the maximum extent possible, be reconstructed with the same stone. The development of this property shall require the review and approval of the Village Board, with consultative input from the Planning Board. Development restrictions may include screening requirements along adjacent properties, time-of-day restrictions on any business hours, density limitation or specific traffic mitigation requirements.

Route 59 Development District uses by right. The permitted uses by right shall be the same as those of the ER-80 Zone.

Route 59 Development District alternative uses. Subject to approval from the Village Board, and with the advice of the Planning Board, the property may also be used according to the general use requirements governing zoning district NS, LO-C, R-AH or R-25, and assisted living residences, or a mix thereof, each portion complying with the requirements of the associated district or as otherwise specified herein. Under any such use, the property owner shall offer, and the Village shall accept, a conservation easement of 100 feet of frontage along Route 59, measured beginning from the edge of the road right-of-way and continuous with the entire length of the property, and a fifty-foot conservation easement along the westerly boundary. Such easement shall not, however, prohibit ingress and egress development, as per the specification of the Village Board. Areas within the conservation easement shall not be eliminated from the calculation of minimum lot area, unless otherwise constrained by the features regulated in § 195-14A of this chapter. Yard and setback requirements shall not be additive to the conservation easement and shall continue to be measured in accordance with § 195-20, notwithstanding said conservation easement. Where a mix of uses is proposed, the Village Board shall establish the bulk regulations, taking into account the unified nature of the proposal.

Process. The development of any use within the Route 59 Development District shall first be reviewed and approved by the Village Board with respect to use and bulk and the requirements of the State Environmental Quality Review Act (SEQRA).[2] The Village Board shall be the lead agency for SEQRA purposes. The proposal is then subject to site plan review and approval by the Planning Board in accordance with the site plan regulations and any additional standards set forth herein. The proposal is also subject to review and approval by the ARB to assure that development is consistent with the design goals, policies and guidance expressed in the Comprehensive Plan adopted by the Village Board in 2003 and as updated by the Comprehensive Plan adopted by the Village Board in 2009. Depending on the proposed development, subdivision plat approval by the Planning Board may also be required. Since development in this district is by application to the Village Board and is subject to negotiation, development proposals are not eligible for variances or other relief from the Zoning Board of Appeals.

Editor's Note: See 6 NYCRR 617 et seq.

Application submission. In addition to complying with the data normally submitted in support of a site plan and/or subdivision application, the following additional information shall also be required:

Design guidelines. Any application for a proposed project shall include a set of design guidelines accompanying the submission which demonstrates that the proposed project shall adhere to architectural standards that are consistent with the design goals and objectives of the Comprehensive Plan. It shall be understood that any applicant proposing development in the R59-DD shall set the overall tone for development of the entire property and that the design guidelines must be detailed and comprehensive.

Architectural elevations. Architectural elevations shall be submitted illustrating the proposed front, side and rear facades of all principal buildings. If required by the ARB, accessory structures shall be subject to same, depending on their visibility and potential to influence the visual landscape.

Conceptual area sketch plan. In addition to any submission required for the development of the parcel upon which the proposed development is to be located, a conceptual area sketch plan for adjoining parcels shall be submitted, demonstrating how the proposed development of an individual parcel relates to its neighbors. It is the intent of the Village to assure that a compatible development is created, with appropriate pedestrian, vehicular, streetscape and other linkages provided throughout.

Any other data or plans that the Planning Board or ARB deems necessary to establish the design and land use planning context for development in the R59-DD.

Signage. The Planning Board may waive the requirements of Chapter 143 (Signs) where it finds that doing so is consistent with the purposes of this section, is reasonably necessary given the unique disposition of the Route 59 Development District and where doing so will not result in adverse aesthetic or character impacts to the area or community, except that the waiver shall not vary the requirement beyond the standards contained hereafter:

Up to two signs may be located on each side of each building facade facing a frontage or access street or streets with a total sign area not to exceed 15% of the sign wall area of the building facade, but in no event more than 144 square feet. The vertical dimension of each such building facade sign shall not exceed 2 1/2 feet.

In addition to facade signs, one free-standing business identification sign may be located facing the access road and/or street serving said business with a total sign area of each such sign not to exceed 64 square feet, provided that each such sign shall be set back a minimum of 10 feet from the curbline of such access road or street.

Illumination shall be as approved by the Planning Board, and shall be designed to provide the minimum amount necessary to adequately illuminate the sign, with no glare or casting of light on adjoining residential properties or roads.

Within a mixed-use unified development that provides for shared access roads, the following business identification signs may be installed at each entrance to said development in addition to the signs permitted pursuant to Subsection E(5)(a) and (b) above:

A unified business identification sign containing the names of each business located within the development with a total sign area of each such sign not to exceed 80 square feet, provided that such sign shall be set back a minimum of 10 feet from the curbline. No individual business may occupy more than 40 square feet of such sign. Said sign may not exceed 20 feet in height; and

A monument-type business identification sign containing the names of each business located within the development with a total sign area of each such sign not to exceed 64 square feet, provided that such sign shall be set back a minimum of 10 feet from the curbline. No individual business may occupy more than 36 square feet of such sign. Said sign may not exceed eight feet in height.

Editor's Note: This local law also provided for the repeal of former § 195-64, Village Center, as amended.

§ 195-64.1 Historic and Scenic Roads Overlay District.

[Added 8-15-2018 by L.L. No. 5-2018]

Purpose. The Comprehensive Plan recommends adopting the Historic and Scenic Roads Overlay District to maintain the quality of historic and scenic roads, and to protect against inappropriate and incompatible development along said roads. The overlay district boundary shall be 250 feet from the center line of those road segments as shown on the Zoning Map.

NOTE: See Chapter 195, Attachment 6, dated September 17, 2019, as amended.

[Amended 11-13-2019 by L.L. No. 6-2019]

Permitted uses and bulk standards. The permitted uses and bulk standards shall be the same as those of the underlying zoning district.

Certificate of appropriateness required within the Historic and Scenic Roads Overlay District. No applications shall be approved by the Building Inspector or Planning Board for any building permit, site plan, subdivision or other application for sites located partially or wholly within the Historic and Scenic Road Overlay District, unless a certificate of appropriateness has been issued by the Historic Preservation and Parks Commission pursuant to the procedures and standards of § 195-60 of this chapter.

[Amended 2-26-2019 by L.L. No. 1-2019]

Minor projects in Historic and Scenic Roads Overlay exempt from certificate of appropriateness requirement. Applications for approval, if required, for the following activities located partially or wholly within the Historic and Scenic Road Overlay District shall be exempted from the requirement to obtain a certificate of appropriateness as set forth in Subsection C above:

Changes to side or rear elevations of buildings or the construction of building additions that are not visible from the pavement edge of the historic and scenic road.

Construction of accessory structures to the rear of buildings that are not visible from the pavement edge of the historic and scenic road.

The addition of open decks with or without railings to the side or rear of buildings whether or not visible from the historic and scenic road.

Installation of walkways or patios at grade whether or not visible from the pavement edge of the historic and scenic road, not including retaining walls or decorative walls.

The installation of flagpoles, mailboxes, benches or minor appurtenances whether or not visible from the pavement edge of the historic and scenic road, but not including fences.