[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 1-15-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
GENERAL REFERENCES
Architectural Historic Review Board — See
Ch. 25.
Zoning — See Ch. 290.
A.
The Town Board of the Town of Clarkstown determines
that certain roads in the Town should be protected by reason of their
significance to the history of the Town, county, state and nation.
Specifically, the purpose of this chapter is to:
(1)
Designate, protect, preserve and maintain certain
roads within Clarkstown which shall qualify, under the definitions
stated in this chapter, as historic roads.
(2)
Set criteria for designation of roads within the Town
which may be found to qualify.
(3)
Provide for the educational, cultural, tourism/recreational,
environmental, aesthetic, economic and general welfare benefits which
are derived from such historic road preservation.
B.
Legislative intent.
(1)
It is the legislative intent and spirit of this chapter
to:
(a)
Preserve, protect and enhance Clarkstown's rich
historical, architectural, aesthetic and cultural resources.
(b)
Foster civic pride in its heritage, and enjoyment
of the scenic qualities.
(c)
Ensure the harmonious and orderly growth and
neighborhood character of the districts.
(d)
Preserve the natural environment of the roads.
(e)
Protect and respect the many properties which
have received commendation for their historic importance by the state,
and are listed on the National Registry of Historic Places.
(2)
It is, therefore, with this purpose and intent in
mind that this chapter is adopted.
As used in this chapter, the following terms
shall have the meanings indicated:
Any road, or portion thereof, of historical
value or aesthetic interest by reason of its antiquity as a cultural
or heritage resource to the Town, the county, the state or country
may be classified as an historic road. Historic roads may be any specific
highways, avenues, streets or other transportation routes located
within the Town which are found to contain historic qualities and
lend themselves to effective preservation and interpretation and are
so designated under procedures set forth in this chapter.
The designation boundary for an historic road
shall include the entire length and width of each designated road,
including any rights-of-way held by the Town of Clarkstown, unless
otherwise specified at the time of designation. In the event only
a portion of a road is classified as historic, then the designation
boundary shall accurately reflect such portion, its length and width,
including any rights-of-way held by the Town of Clarktown, unless
otherwise specified at the time of designation.
A.
This chapter shall include portions of historic roads
found within all currently designated historic areas. Whenever there
is a conflict between the regulations of an historic road and an historic
area, the more restrictive regulation shall apply.
[Amended 9-21-2010 by L.L. No. 4-2010]
B.
Within the boundaries of each identified historic
road, both the regulations provided herein and all zoning regulations[1] shall apply. Whenever there is a conflict between the
zoning regulations and the regulations provided herein, the more restrictive
regulation shall apply.
[Amended 9-21-2010 by L.L. No. 4-2010]
C.
The intent of this regulation is that the public interest
in preserving the quality of historic road corridors outweighs any
proposed change which would alter their historic characteristics.
The administration of this chapter, which shall
include all procedures necessary to implement the stated purpose of
this chapter, shall rest solely with the Town Board.
Classification, criteria and procedure for consideration
and designation of historic roads shall be as follows:
A.
Any interested person may request the designation
of an historic road by submitting a written application to the Town
Board. Upon receiving an admissible application for designation or
deciding to initiate designation on its own motion, the Town Board
shall refer the application to the Architectural Historic Review Board
for its review and recommendation. Following receipt of the Architectural
Historic Review Board's recommendation, the Town Board shall cause
such application to be placed on the agenda for discussion and establishment
of a future date for a public hearing at a Town Board meeting.
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No.
8-2016]
B.
Criteria for historic roads:
(1)
The Town Board shall review and consider for designation
as "historic" any roads which substantially conform to the following
criteria:
(a)
Roads on which events occurred that have made
a significant contribution to, are identified prominently with or
which represent the broad cultural, political, economic, military
or social history of the Town, and from which an understanding and
appreciation of the larger patterns of our American heritage may be
gained.
(b)
Roads associated with the lives of persons nationally
or locally significant in the history of the United States or that
figured prominently in nationally significant events.
(c)
Roads significantly associated with an important
historical event that represents some great idea or ideal of the American
people.
(d)
Roads that embody the distinguishing characteristics
of a specific type of construction, or a notable design representing
the work of a master builder or engineer, or the travel routes of
a specific civilization.
(e)
Roads that have produced information by shedding
light upon historical periods over large areas of the Town of Clarkstown.
(2)
To have historic significance, a road must exhibit
integrity.
[Amended 9-21-2010 by L.L. No. 4-2010]
(a)
For an historic road designation, integrity
means original location, including direction, curves, angles and intangible
elements of feeling and association.
(b)
It is desirable that each historic road contain
sufficient land on either side of its corridor to preserve all the
significant historical or cultural features associated with the road
and to be able to preserve such additional lands as may be needed
to protect the historic scene of the road and provide unobtrusive
buffers.
(c)
The road and its authentic historically related
environment should lend itself to effective preservation and interpretation.
(3)
All interested parties have the right to confer with
and present testimony to the Town Board throughout the designation
process.
C.
During the review period that a road is under formal consideration for designation as "historic," all necessary maintenance activities shall adhere and conform to § 153-7A and B of this chapter. All scheduled alterations and/or improvements on such road are hereby stayed and held in abeyance until the Town Board has formally confirmed or denied the designation as "historic." The review period commences once the Town Board receives a properly filed application for designation or decides to initiate designation by its own motion.
[Amended 9-21-2010 by L.L. No. 4-2010]
D.
The Town Board shall schedule a public hearing on
an application for historic road designation within 45 days after
receiving the Architectural Historic Review Board's recommendation.
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No.
8-2016]
E.
The Town Board's vote upon its resolution to approve
or deny designation of an historic road shall occur only at a publicly
noticed meeting of the Town Board.
[Amended 9-21-2010 by L.L. No. 4-2010]
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No.
8-2016]
Within 30 days following the Town Board's resolution granting
historic road designation, or as soon as practicable thereafter, the
Town Board shall cause such road to be so identified on the Town Zoning
Map. A copy of the revised Zoning Map, this chapter and a detailed
analysis encompassing all its noteworthy features shall be prepared
by the Architectural Historic Review Board and promptly delivered
to:
A.
The Town Clerk.
B.
The Zoning Board of Appeals.
C.
The Planning Board.
D.
The Architectural Historic Review Board.
E.
(Reserved)
F.
The Superintendent of Highways.
G.
The Building Inspector.
H.
[1]The Director of the Department of Engineering and Facilities
Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
I.
The Town Code and Zoning Enforcement Officer.
J.
The Rockland County Superintendent of Highways.
K.
The New York State Department of Transportation (Regional Office).
L.
The Rockland County Commissioner of Planning.
M.
New York State Thruway Authority.
N.
All pertinent utility companies.
O.
Rockland County Board for Historic Preservation.
A.
Routine maintenance.
(1)
Routine maintenance shall be carried out so as to
preserve, to the highest degree possible, the historic and scenic
features of all such designated roads while ensuring the general safety
of the traveling public. Routine maintenance shall not include any
or all of the following activities:
(a)
Widening of the travel portions of historic
roads, except at the intersections of paved roadways for safety reasons.
(b)
Changes of grade.
(c)
Straightening or realignment.
(d)
Removal of stone walls and/or removal of bridges.
(e)
Removal of mature trees, except where dead,
seriously diseased or damaged.
(f)
Paving existing unpaved historic roads.
(2)
On historical roads or portions thereof that are dirt,
gravel or unpaved, maintenance on the traveled portion of the road
shall be done in a manner to minimize root damage to bordering trees.
B.
Natural disasters. In the event of a natural disaster
in which an historic road or portion thereof becomes impassable or
unsafe for public travel, any and all emergency repairs may be undertaken
to restore the road to its pre-disaster condition.
C.
Alterations and improvements.
(1)
Neither the Town Board nor the Superintendent of Highways
shall alter, improve or otherwise authorize an alteration or improvement
to an historic road or portion thereof without reviewing and conforming,
to the maximum extent practicable, to the review guidelines below.
Alteration of historic roads shall be discouraged except for reasons
of the health, safety and welfare of the traveling public.
(2)
As some historic roads or portions thereof within
the Town of Clarkstown may be county or state roads, the Rockland
County Superintendent of Highways and the New York State Department
of Transportation shall follow the guidelines in this section to the
maximum extent possible.
D.
Certificate of appropriateness.
(1)
A certificate of appropriateness shall be required
before work can commence on any designated historic road or portion
thereof, and such certificate shall be granted by the Town Board based
upon the advisory recommendation of the Clarkstown Superintendent
of Highways and the Architectural Historic Review Board. Such certificate
shall be required for any of the following:
[Amended 9-21-2010 by L.L. No. 4-2010; 6-28-2016 by L.L. No.
8-2016]
(a)
Demolition of historic roads or replacement
of the same.
(b)
Relocation, realignment, widening, reducing
of width or any other physical change or alteration.
(c)
Material change of the type of wearing surface
by addition, reconstruction, alteration or maintenance.
(d)
Changes in existing environment along either
or both sides of the road corridor, including any additional or new
construction of physical structure, change to the natural resource
base, including significant removal of flora, change in topography
or installation of permanent signage which would have a negative impact
on the historic road.
(e)
The construction of new transportation routes
adjacent to the designated historic road, including primary roads,
secondary roads and nonpublic service roads.
(f)
Changes in the road design, including width,
slope, drainage, clearance (overhead and lateral obstructions) and
pitch.
(g)
Changes in the type of zoning and/or construction
regulations for the land area adjacent to either or both sides of
the historic road corridor.
(h)
Changes in or the addition of new permanent
signs, street lighting, sidewalks, sewer systems, curbs, barriers,
medians, tire-stops, telephone poles and various types of public parking
lots.
(i)
Changes in the type of designation in terms
of type of transportation route (secondary route, primary road, etc.).
(2)
In formulating such recommendations with respect to
any application for a certificate of appropriateness, the Town Board
shall consider;
(a)
The effect of the proposed work in altering,
destroying or affecting the historic/scenic features and qualities
of the road, tempered with the particular management needs of each
individual road and of the region, in light of the general safety
and welfare of the traveling public.
(b)
The relationship between the results of such
proposed work and the preservation of Clarkstown's rich historical,
aesthetic and architectural resources.
[Amended 9-21-2010 by L.L. No. 4-2010]
The Town Board may institute any appropriate
action or proceeding necessary to prevent an unlawful demolition,
alteration, improvement or repair to any historic road or portion
thereof, and offenses against the provisions of this chapter shall
be subject to the same enforcement and penalties as provided in § 25-7
A and B of Chapter 25 of the Clarkstown Town Code.
