[Adopted 8-15-1972; amended in its entirety 2-5-2004 by L.L. No. 1-2004]
A.
Statement of intent. It is the general purpose of
the following regulations to protect and perpetuate places and buildings
having a special historic or aesthetic interest or value. Such special
regulations are adopted in the exercise of the police power to promote
the general welfare and, with particular regard to the character of
the district hereinafter designated, to conserve the property values
therein.
B.
It is hereby found that within the hamlet known as
"Bedford Village" there is an area, designated as a historic district
and hereinafter described, which dates from the founding of the Town
in 1680 and contains a number of historic landmarks, including the
Village Green and a colonial graveyard, and public and private buildings
that display the architecture of the period from the late 1700's to
the present. It is further found that this area has a special historic
value by virtue of the presence of the Old Court House erected in
1787 and used by the county until 1870 during the period when Bedford
was one of Westchester's two County Seats. It is further found that
this area has:
(1)
An historic value and interest by reason of historic
events that have taken place within, on or near it, by age or association
with historic or famed personages and by being illustrative of events
or periods in the growth or history of Bedford Village and the surrounding
areas.
(2)
A special aesthetic value and interest by reason of
being representative of a style or period in the architectural design
of buildings or the landscaping and trees which form an integral part
of the area's environment.
The historic district is hereby defined as that
part of the hamlet of Bedford, commonly known as "Bedford Village,"
as shown on the map entitled "Bedford Village Historic District in
the Town of Bedford," which map is incorporated herein by reference.[1]
[1]
Editor's Note: The Bedford Historic District Map is included at the end of this chapter.
A.
Establishment; membership; terms; vacancies.
(1)
In order to carry out these regulations, the Town
Board shall appoint a Bedford Village Historic District Review Commission
(the "Commission") consisting of five members, who shall be residents
of the Town of Bedford, as follows:
[Amended 5-4-2021 by L.L. No. 6-2021]
(a)
One member from the discipline of planning.
(b)
The Bedford Town Historian or his designee.
(c)
An architect recommended by the four other members
of the Commission. In the event the Commission determines that an
architect who resides within the Town of Bedford is not available
to fill this position and further determines that another architect
who does not reside within the Town of Bedford is uniquely qualified
to fill this position, the Town Board may grant a waiver allowing
the architect member of the Commission to reside outside the Town
of Bedford.
(d)
One member recommended by the Bedford Historical Society.
(e)
One member who shall reside within the boundaries
of the Bedford Village Historic District.
(f)
The Commission shall select one of its members to
serve as Chairperson.
(2)
All members designated shall serve for three-year terms, except that when the Commission is first organized, the member in Subsection A(1)(a) shall be named for one year, and the member in Subsection A(1)(b) shall be named for two years. Members may serve for more than one term. Vacancies shall be filled as prescribed above.
B.
Duties of Review Commission.
(1)
It shall be the duty of the Review Commission to maintain
the character of the Bedford Village Historic District and to regulate
the construction of new buildings and the reconstruction, alteration
and demolition of existing buildings, including outbuildings, walls,
fences, steps and signs, to ensure that such construction or alterations
are compatible with that character. In maintaining the existing character
of the Bedford Village Historic District, the Review Commission shall
consider architectural style, materials, color and detail.
(2)
In addition to the aforementioned and subject to budgetary
appropriation by the Town Board, the Review Commission shall have
the following powers exercisable within the Bedford Village Historic
District:
(a)
To retain or employ professional consultants, secretaries,
clerks or other such personnel as may be necessary to assist the Review
Commission in carrying out its duties.
(b)
To conduct surveys of buildings for the purpose of
determining those of historic or architectural significance and pertinent
facts about them.
(c)
To formulate recommendations concerning the preparation
of maps, brochures and historical markers for selected historic or
architectural sites and buildings.
(d)
To cooperate with and advise the Town Board, the Planning
Board and other municipal agencies in matters involving historic or
architectural sites and buildings.
(e)
To advise owners of historic buildings on problems
of preservation and restoration.
(3)
The Commission, in exercising or performing its powers,
duties or functions under this article with respect to any improvement
in the district, may apply or impose, with respect to the construction,
reconstruction, alteration, demolition or use of such improvement,
a determination or conditions which are more restrictive than those
prescribed or made by or pursuant to other provisions of law applicable
to such activities, work or use.
A.
Applicability. This article shall apply to all buildings,
structures, outbuildings, walls, fences, steps, topographical features,
earthworks, paving and signs. No changes in or origination of any
exterior architectural feature and its related landscaping, including
but not limited to construction, reconstruction, alteration, restoration,
removal, demolition or painting, shall be made except as hereinafter
provided.
B.
Exceptions. Nothing in this article shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature and its related landscaping in the district which does not
involve a change in design, material, color or the outward appearance
thereof. Nothing in this article shall be construed to prevent the
construction, reconstruction, alteration or demolition of any exterior
architectural feature and its related landscaping which the Building
Inspector shall determine is required by public safety because of
dangerous or unsafe conditions, but the plans for such changes shall
be subject to approval by the Review Commission.
A.
Notwithstanding any inconsistent ordinance, local
law, code, rule or regulation concerning the issuance of building
permits, no change in or origination of any exterior architectural
feature in the district shall be commenced without a certificate of
approval from the Bedford Village Historic District Review Commission,
nor shall any building permits for such change be issued without such
certificate of approval having first been issued. The certificate
of approval required by this section shall be in addition to and not
in lieu of any building permit that may be required by any ordinance,
local law, code, rule or regulation of the Town of Bedford.
B.
Application for a certificate of approval shall be
made to the Bedford Village Historic District Review Commission in
such form and providing such information as may be required by the
Commission.
A.
Within 60 days after application is filed, the Bedford
Village Historic District Review Commission shall determine whether
the proposed construction, reconstruction or alteration of the exterior
architectural feature and related landscaping involved will be appropriate
to the preservation of the district for the purposes of this article.
In the event that such determination has not been made within the
time prescribed therefor and shall not have been disapproved during
such time, such application shall be deemed to have been approved.
The grounds for the refusal of any application by the Commission shall
be stated upon the records of such Commission.
B.
In passing upon appropriateness, the Bedford Village
Historic District Review Commission shall consider, in addition to
any other pertinent factors, the historical and architectural value
and significance, architectural style, general design, arrangement,
texture, material and color of the exterior architectural feature
and related landscaping involved and the relationship thereof to the
exterior architectural features of other structures in the immediate
neighborhood.
C.
A copy of the approval or disapproval of such application
shall be filed in the Town Clerk's office within such sixty-day period.
Failure to comply with any of the provisions
of this article shall be deemed a violation, and the violator shall
be liable to a fine of not more than $250 or to imprisonment for not
more than 15 days, or both. Each day that such violation continues
shall constitute a separate violation.
