[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-17-2007 by L.L. No. 16-2007]
It is hereby found that the destruction and
damage of stone pillars and walls (the "stone walls and pillars")
located in the Village of Ardsley would diminish the historic character
of the Village, reduce property values and adversely affect the health,
safety and general welfare of the inhabitants of the Village. These
stone walls and pillars constitute a scenic resource, and it is the
purpose of this article to protect this resource.
A.
No person shall, without first obtaining site plan
approval from the Planning Board and/or permit from the Building Inspector
as herein provided, either purposely or negligently, remove, destroy,
tear down, or otherwise damage or modify or commit any other affirmative
act which will lead to the eventual modification or repair of the
stone walls and/or pillars in the Village of Ardsley, or any part
thereof. This article shall only apply to the aforementioned stone
walls and pillars, to the extent they exist, located as follows: pillars
on both sides of Revolutionary Road at Saw Mill River Road (9A); pillars
on both sides of Major Appleby's Road at Heatherdell Road; pillar
on Chimney Pot Lane at Heatherdell Road; stone walls on both sides
of Heatherdell Road commencing at Farm Road and terminating at McDowell
Park. This article is not intended to encompass the entire Village.
Permits or approvals issued for any other purpose by the Village shall
not be valid for this purpose.
B.
Notwithstanding any other provision of this article,
any person, corporation, partnership or similar entity whose plans
require the repair or modification of such stone walls or pillars
on the property shall first apply to the Building Inspector for a
permit. The Building Inspector will review applications and determine
whether the proposed action contemplated by the applicant is a repair
or modification of a stone wall or pillar. If the Building Inspector
determines that the applicant proposes a repair to a stone wall or
pillar, then the Building Inspector, in his sole discretion, shall
determine whether or not such repair is necessary. The Building Inspector
may grant or deny such application on such terms and conditions as
it may prescribe and in accordance with the Village Zoning Code and
subdivision regulations of the Village. If the Building Inspector
determines that the proposed action to such stone walls and/or pillars
is a modification of such stone wall or pillar, then the Building
Inspector shall refer the matter to the Planning Board, who shall
review the proposed modification of the stone wall under the provisions
of site development plan approval and this article.
C.
If and when the Planning Board approves the modification
of such stone wall or pillar in the Village, the Building Inspector
will then grant the applicant a permit in accordance with Planning
Board Resolution permitting such action.
A.
Removal or modification of stone walls/pillars may
be granted under the following circumstances:
(1)
If the stone walls/pillars are weakened by age, storm,
fire or other injury such that they pose a safety hazard to the public
or the person or property owner or threaten to cause disruption of
public services.
(2)
If the stone walls/pillars substantially interfere
with a permitted use of the property such that denial of a permit
would cause undue hardship to the landowner as determined by the Planning
Board under the site development plan process.
B.
The determination of the Building Inspector of Planning Board shall be final and shall depend upon considerations of general welfare and the hardship imposed on the property owner by denial of the permit, except that it shall be subject to such review as is authorized by § 125-4H.
C.
In the event that the Building Inspector determines
that the stone walls/pillars or a part thereof are hazardous to life
or property, the Building Inspector shall have the right to waive
all notices as required under this article and to grant immediate
approval for the removal of said stone walls/pillars or section thereof.
In the event that such approval is granted, the Building Inspector
and/or Planning Board, subsequent to the destruction of said stone
walls/pillars, shall have the authority to require complete compliance
with all other provisions of this article as applicable thereto.
A.
Any person desiring a permit or approval hereunder
shall apply to the Building Inspector and follow the procedures as
set forth above.
B.
All applications for permits hereunder shall be made
in writing and verified under oath upon forms prescribed and approved
by the Board of Trustees. The fee for each application shall be $100,
payable upon submission of the application. This $100 fee does not
include any and all fees associated with a submission to the Planning
Board for site development plan approval for a modification to a stone
wall/pillar.
C.
The application shall be accompanied by a written
statement and detailed plans, including a description of the location
and condition of said stone wall/pillar and the reasons for repairing,
removing, or modifying said stone wall/pillar. In addition, all property
owners within 250 feet shall be notified by certified mail of the
application by the applicant in accordance with the following procedures:
(1)
The notices shall contain the name of each record
and beneficial owner of the property for which the permit is sought.
(2)
The applicant shall submit an affidavit with his application
stating that a written notice of the application has been given by
certified mail to all affected property owners with respect to the
property for which a permit is sought.
(3)
The Building Inspector and/or the Planning Board may
not consider any application for a permit or approval prior to the
satisfaction of the notice requirements of this section.
D.
The Building Inspector and/or Planning Board may require
additional information, such as the proposed replacement of design
of the street frontage area where the stone walls/pillars are to be
repaired or modified (e.g., proposals for restoration of the stone
walls/pillars or replacement of the stone walls/pillars with trees,
gates or any other suitable materials).
E.
The Building Inspector and/or Planning Board shall,
prior to the issuance of a permit by the Building Inspector or an
approval by the Planning Board, require that a person or firm furnish
the Village with a performance bond as approved by the Village Attorney
in an amount sufficient to cover 90% of the greater of the cost of
replacement or restoration work to be completed in accordance with
the plans accompanying all applications, or the costs in accordance
with plans as required by the Building Inspector and/or the Planning
Board. The remaining 10% of the cost of restoration and replanting
(e.g., replant any and all bushes and/or trees removed as a result
of the modification of the stone wall/pillar) shall be in cash, deposited
in a special stone wall/pillar preservation escrow account. The total
amount of the bond and cash deposit shall reflect all restoration
and protection costs and shall be in accordance with each set of individual
circumstances. Upon the completion of all replacement or restoration
work to the satisfaction of the Building Inspector, the performance
bond shall be canceled and replaced with a maintenance bond to be
approved by the Village Attorney and to run for a term to be fixed
by the Building Inspector, but in no case for a period longer than
two years. The ten-percent cash in escrow shall remain on deposit
with the Village until the maintenance bond is canceled, regardless
of whether or not the maintenance bond is an amount less than the
10% cash.
F.
No stone walls/pillars shall be destroyed pursuant
to a validly issued permit for a period of 15 days from the date of
the issuance of said permit.
G.
All decisions of the Building Inspector and/or the
Planning Board approving applications pursuant to this article shall
be sent by the applicant by certified mail, return receipt requested,
within seven days to all property owners within 250 feet of the area
in questions and to the Environmental Conservation Board.
H.
Any person, firm, organization or corporation aggrieved,
affected or interested in the determination or decision of the Building
Inspector shall have the right, within 10 days from receipt of the
decision, to appeal to the Board of Trustees, who shall review the
decision. Any decision or determination of the Building Inspector
which is appealed to the Board of Trustees shall be automatically
stayed pending review by the Board of Trustees. Any person, firm,
organization or corporation aggrieved, affected or interested in the
determination or decision of the Planning Board shall have the same
rights as it would under site development plan approval.
I.
The Building Inspector and the Planning Board reserve
the right to refuse permits for stone wall/pillar repair or modification
if they feel that the best interests of the public are not served
by the proposed development. The Building Inspector may further revoke
any permit if the work is not proceeding according to the permit and
in an orderly and diligent manner.
J.
Any permit granted by the Building Inspector under
this article is valid for six months.
A.
All persons who remove or cause to be removed stone
walls, with or without a permit, shall restore the area by backfilling
all holes and by creating an acceptable grade and covering, subject
to approval of the Building Inspector. In addition, all persons removing
or causing a stone wall/pillar to be removed without a permit shall
replace the stone wall/pillar to the sole satisfaction of the Building
Inspector before applying for a permit to remove said stone wall.
B.
The Building Inspector shall require maintenance as
necessary or desirable for the upkeep of any stone walls/pillars,
trees, plants, shrubbery or other structures emplaced to replace the
modified stone wall. Should the permit holder fail to comply with
the permit or the site plan approval pursuant to demand from the Building
Inspector or the Planning Board within the required period of time,
the Board of Trustees shall have the right to declare the maintenance
or performance bond in default and apply the escrow cash deposit and
the proceeds of the bond to perform all required replacement or restoration
work. By accepting a permit, the holder thereby agrees to this procedure
and grants unconditional access to the land for such restoration purposes.
If any work is done by the Village, its agents, or assigns, the applicant
automatically agrees to indemnify and hold harmless the Village, its
agents, and assigns for any and all claims.
A.
Any person, firm or corporation violating any of the
provisions of this article shall commit an offense, the fine for which
shall not exceed $1,000.
B.
Civil penalty. In addition thereto, any persons, firm
or corporation violating any provision of this article shall be subject
to a civil penalty enforceable and collectible by the Village in the
amount of $200 for each and every day that the violation continues.
In addition, the violator will be required to restore the stone walls/pillars
or furnish an acceptable substitute to maintain the scenic appearance
where the stone wall was removed to the sole satisfaction of the Building
Inspector.
The Building Inspector of the Village of Ardsley
shall enforce this article, except where such enforcement is vested
with the Department of Public Works by the laws of the State of New
York.
All stone walls/pillars on Village property
are exempt from the provisions of this article.
