[Adopted 3-18-2003 by L.L. No. 1-2003;
amended in its entirety 4-18-2017 by L.L. No. 1-2017]
In accordance with § 96-a of the General Municipal
Law of the State of New York, entitled "Protection of Historical Places,
Buildings and Works of Art," and Article 5-K of the General Municipal
Law of the State of New York, entitled "Historic Preservation," the
Town Board of the Town of Bedford has authority to provide, by local
law, certain regulations, special conditions and restrictions for
the protection, enhancement; perpetuation and the use of buildings
having special character or special historical or other aesthetic
interest or value. Pursuant to such authority, the Town Board has
adopted this article setting forth standards to be followed in determining
whether a permit should be issued for work affecting an historic building.
A.
Purpose. The Town of Bedford determines that the historical, archeological,
architectural and cultural heritage of the Town is among the most
important assets of the Town and that it should be preserved. Historic
preservation offers residents of the Town a sense of orientation and
civic identity, is fundamental to localized concern for the quality
of life, and produces numerous economic benefits to the Town. The
existence of irreplaceable buildings of historical, archeological,
architectural and cultural significance is threatened by the forces
of change. It is hereby declared to be the public policy and in the
public interest of this Town to engage in a comprehensive program
of historic building preservation to accomplish the following purposes:
(1)
To promote the use, reuse and conservation of such buildings for
the education, inspiration, welfare, recreation, prosperity and enrichment
of the public;
(2)
To promote and encourage the protection, enhancement and perpetuation
of such buildings which have or represent distinctive elements of
the Town's historical, archeological, architectural or cultural significance;
(3)
To encourage and assist residents and local organizations of the
Town to undertake preservation programs and activities;
(4)
To foster civic pride in the beauty and accomplishments of the past
through cooperation with residents and local organizations;
(5)
To protect and enhance the Town's attractiveness to visitors and
support and stimulate the Town's economy; and
(6)
To ensure the harmonious, orderly and efficient growth and development
of the Town.
B.
Findings. The Town of Bedford was founded on December 23, 1680, when
a group of New England Puritans from Stamford, Connecticut, purchased
a three-square-mile tract of land known as the "Hopp Ground" from
Chief Katonah and several other Native Americans. Bedford was originally
part of Connecticut until King William of England issued a royal decree
in 1700 declaring that Bedford was part of New York. The Town served
as the wartime Westchester County seat during the Revolutionary War
after the Battle of White Plains until it was burned by the British
on July 11, 1779. After the Revolution, Bedford became one of the
two seats of county government, alternating with White Plains until
1870. Bedford is rich with historic places and buildings such as Bedford
Green, the Bedford Court House built in 1787, the John Jay Homestead,
Caramoor, the 1920 Bedford Hills Community House, the 1927 Town House,
as well as other historic buildings situated throughout the hamlets
of Katonah, Bedford Hills and Bedford Village. To foster the preservation
of historical buildings located within the Town of Bedford which are
not already included as part of the Bedford Village Historic District
or the Katonah Historic District, the following findings are hereby
made:
(1)
A substantial number of residential, commercial and accessory buildings
are of great historical significance to the Town by reason of:
(2)
It is further found that a number of residential, commercial and
accessory buildings are of historical significance to the Town for
their architectural and aesthetic value due to their representation
of a style or period of architectural design of buildings which is
significant to the Town's identity and which forms an integral part
of the Town's environment; and
(3)
In consideration of the Town's history and character, and in the
interests of preservation of those areas within the Town which are
of historical, archeological, architectural or cultural importance,
the Town of Bedford enacts the within article.
The Historic Building Preservation Law shall apply in those
areas comprising the Town of Bedford which are neither 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," nor part of the hamlet of Katonah as shown on the map entitled
"Katonah Historic District."
As used in this article, the following terms shall have the
meanings indicated:
A permit issued by the Director of Planning for the demolition
of a Tier 2 historic building.
Actions affecting historic buildings that do not require
review by the Historic Building Preservation Commission or the Director
of Planning under this Historic Building Preservation Law.
As-of-right actions for Tier 1 historic buildings:
Changes of paint color, roofing materials, gutters or leaders;
Replacement of window sash, where frames, casings and openings
are retained;
Repairs in kind (matching materials and details);
Changes to building interiors or landscapes;
Changes to additions built within the last 75 years;
Additions that result in an increase of less than 30% of the
existing building floor area, that connect to the rear elevation,
that are not visible from the public ways, that are not taller than
the historic building, and that do not protrude forward of a primary
façade.
As-of-right actions for Tier 2 historic buildings: All actions
affecting Tier 2 historic buildings are as-of-right, exclusive of
demolition, as defined in this article, which requires an administrative
permit from the Director of Planning.
Any structure having a roof, supported by columns or by walls
or self-supporting, and intended for the shelter, housing or enclosure
of persons, animals or chattel.
A building subordinate to the principal building on the lot
and used for purposes customarily incidental to that of said principal
building. For purposes of this article, an accessory building must
be at least 200 square feet for consideration as an historic building.
The Town employee appointed by the Town Board and charged
with the responsibility of administering and enforcing the New York
State Fire Prevention and Building Code and related regulations pertaining
to the demolition of structures and the use of land within the Town
of Bedford.
The destruction, disassembly, replacement or relocation of
more than 50% of the total exterior wall surface or more than 50%
of the total structural frame of an historic building; or any actions
that result in the above over a five-year period.
The individual designated by the Town Board to carry out
the responsibilities assigned to the Director of Planning under this
article. The Director of Planning or Town Board designee shall have
relevant training and experience in historic preservation, preferably
including a minimum of 10 years' experience in a position with responsibility
for the management of historic resources.
A building, or portion thereof, used principally as nontransient
living quarters for one or more families. The term shall not include
an automobile court, hotel, motel, boardinghouse, trailer, mobile
home, tourist home or tent.
A dwelling, commercial building, or accessory building with
a footprint of at least 200 square feet that contributes to the historic
character of Bedford and that is listed on the Survey of Historic
Buildings adopted by the Town Board. [1]Historic buildings shall be identified and categorized
according to the following criteria:
Tier 1 historic buildings. The Town Board shall categorize an
individual property as a Tier 1 historic building if it:
Was constructed in 1900 or earlier and is substantially intact;
or
Is listed on the National Register of Historic Places; or
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic or social history
of Bedford, with particular attention to properties that are representative
of significant aspects of local history such as those associated with:
Is identified with persons or events significant in local, state
or national history; or
Embodies the distinguishing characteristics of a type, period
or method of construction or design style or is representative of
the work of a known designer, architect or builder; or
Represents an established and familiar feature of the community
by virtue of its unique location or singular physical characteristic.
Tier 2 historic buildings. The Town Board shall categorize an
individual property as a Tier 2 historic building if it is of historic
or architectural importance to the Town of Bedford but of lesser significance
or less intact than Tier 1 historic buildings, including properties
that make a distinctive contribution to the overall historic and visual
character of Bedford by virtue of location on an historic road or
in an historic neighborhood.
Unregulated historic buildings. The Town Board shall categorize
an individual property as an "unregulated historic building" if, though
not meeting the criteria for Tier 1 or Tier 2, including properties
substantially compromised, it nonetheless contributes to the historic
character of the Town. Unregulated historic buildings are not subject
to regulation under this article; however, owners may be eligible
for incentives upon voluntary application to the Commission and adherence
to its recommendations.
The Town of Bedford Historic Building Preservation Commission.
A request submitted by a property owner to the Commission
requesting a review of the inclusion or assigned category of an historic
building on the Survey.
A listing of buildings, sites and objects designated for
historical, architectural or other special significance, as determined
by established criteria, and which listing is maintained by the National
Park Service under the National Historic Preservation Act of 1966,
as amended. The program is administered by the State Historic Preservation
Office at the state level.
Retention of essential character of art improvement, object,
building, natural feature or structure as embodied in its existing
form, integrity and material. This term may include temporary stabilization
work, as well as ongoing maintenance of historic building materials.
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties.
The significant removal or alteration of historic form, material
or details of a Tier 1 historic building's exterior; including the
construction of additions that are taller than the historic building,
or that align with or protrude forward of the wall plane of a primary
façade. Actions defined as "as-of-right" actions are not considered
substantial alterations.
A written inventory of all dwellings, commercial buildings, and accessory buildings located within the Town of Bedford proposed by the Commission and designated by the Town Board as historic buildings in the "Survey of Historic Buildings," as adopted on April 18, 2017, and amended from time to time pursuant to § 71-25 of this article. The April 18, 2017, inventory adopted by the Town Board as part of this article is attached hereto and made a part hereof.[2]
A.
The Town Board shall appoint a commission to be known as the "Town
of Bedford Historic Building Preservation Commission" to administer
this article.
B.
The Commission shall consist of five residents of the Town of Bedford,
who shall be appointed by the Town Board and who shall serve three-year
terms. The first appointments shall be established as follows: one
one-year term, two two-year terms and two three-year terms. Vacancies
shall be filled by the Supervisor with approval of the Town Board
in the same manner provided for other appointments. The Town Board
shall appoint a Chairperson for a one-year term.
C.
Membership shall be composed of the following individuals: There
shall be at least one member from each of the three hamlet areas.
At least one member shall be an architect; one member shall be a second
architect, a land use planner, a real estate professional, or a member
of the construction industry; and one member shall be the Town Historian
or another individual familiar with the historic character of the
Town of Bedford. Insofar as possible, one member shall be a member
or designee of the Bedford Village Historic District Commission and
one member shall be a member or designee of the Katonah Historic District
Commission.
D.
The Commission shall adopt procedural rules for conducting its business
in accordance with the provisions of this article.
A.
The Commission shall be responsible for helping to maintain the historic
character of the areas of the Town within its jurisdiction. Unless
otherwise specified herein, the duties of the Commission shall be
as follows:
(1)
To adopt any other criteria not provided in this article for the
identification of significant historical, architectural, archeological
or cultural buildings;
(2)
To approve or disapprove applications for permits, subject to review
by the Town Board pursuant to this article;
(3)
To inform owners of property within the Town of the provisions of
this article on a periodic basis;
(4)
To compile and maintain a photographic inventory of historic buildings
within the Town;
(5)
To create, maintain and update the Survey adopted by the Town Board;
(6)
To formulate and publish recommendations concerning the preparation
of maps, brochures and historical markers for selected historical
sites and buildings;
(7)
To cooperate with and advise the Town Board and other public and
private agencies in matters involving historic sites and buildings;
and
(8)
To make recommendations to the Town Board regarding the adoption
of financial incentives for owners of historic buildings, and for
awards recognizing outstanding preservation efforts by property owners.
B.
Additionally, the Commission may undertake the following:
(1)
Increase public awareness of the value of historic, architectural,
archeological and cultural preservation by developing and participating
in public information programs in conjunction with other public and
private organizations;
(2)
Cooperate with the Town Board and other Town departments, boards,
agencies or commissions by requesting and providing appropriate information,
cooperation, assistance or studies; and
(3)
Recommend to the Town Board appropriate utilization of grants from
federal, state, and county agencies, private groups and individuals
and the utilization of budgetary appropriations to promote the preservation
of historic buildings.
C.
Within the limits of its funds, the Commission may obtain the services
of qualified persons to direct, advise and assist the Commission and
may obtain equipment, supplies and other material necessary to its
effective operation.
D.
The Commission shall meet at least monthly if any business is pending.
Meetings may be held at any time on the written request of any Commission
member.
E.
A quorum for a transaction of business shall consist of a majority of the Commission members, but not less than the majority of the full authorized membership may grant or deny an application for a permit; act on an historic resource review request; or otherwise recommend removal or amendment to the assigned category of an historic building on the Survey pursuant to § 71-25E of this article.
A.
The Commission may, from time to time, recommend additional historic
buildings to the Town Board for inclusion on the Survey. The Commission
shall identify each proposed addition as a Tier 1, Tier 2, or unregulated
historic building, and each proposed addition shall be accompanied
by a report from an independent consultant describing the historic,
architectural, archeological or cultural importance of the individual
property.
B.
The Town Board shall fix a reasonable time to hold a public hearing
on any proposed historic buildings to be added to the Survey. Notice
of the public hearing shall be published at least 10 days prior to
the hearing in an official newspaper of the Town and shall be mailed
at least 10 days prior to the hearing to all owners of subject properties.
C.
Within 62 days after the close of the public hearing, the Town Board
shall by resolution approve or disapprove the proposed historic building
additions to the Survey. A copy of said resolution shall be mailed
to the owners of the subject properties and filed with the Building
Department and Town Clerk.
D.
Any property owner wishing to appeal the inclusion or assigned category
of an historic building on the Survey, may appeal such inclusion or
assigned category at any time by submitting a historic resource review
request to the Commission, specifying the grounds for seeking review.
E.
The Commission shall act on historic resource review requests or
may take other actions from time to time to:
F.
Such action described in Subsection E of this section shall take place at a regularly scheduled meeting of the Commission. Any such amendments proposed by the Commission shall be reviewed by the Town Board. The Town Board may, after due notice and public hearing, approve such amendments. Any approved amendments shall be sent by the Commission to the owners of the subject properties, and filed with the Building Department and Town Clerk.
A.
Once the Building Inspector has received an application for any permit,
he or she must initially determine whether or not the building which
is the subject of the application is listed on the Survey. If the
Building Inspector determines that the building is listed on the Survey
and is classified as a Tier 1 or Tier 2 historic building, the Building
Inspector shall require the applicant to complete a project information
form attesting to the project's scope of work. The project information
form shall be accompanied by plans and be in sufficient detail for
the Building Inspector to have full knowledge of the proposed work.
Modified applications may be treated as new applications. The Building
Inspector shall review each application to ascertain whether, based
on the proposed scope of work and Tier classification, it shall be
referred to the Commission or the Director of Planning for a determination.
This determination shall be in addition to, and not in lieu of, any
other required permit or approval.
B.
Tier 1 historic buildings.
(1)
Applications for proposed alterations to Tier 1 historic buildings
where work is not limited to as-of-right actions shall be referred
by the Building Inspector to the Commission to make a determination
as to whether the proposed work constitutes substantial alteration
or demolition and, if so, whether a permit should be issued.
(2)
Upon referral from the Building Inspector of an application for proposed
alteration or demolition of a Tier 1 historic building, the Commission
shall notify the applicant of his/her right to submit evidence and
proof in support of the application. Once this information is received,
the Commission shall fix a reasonable time to hold a public hearing
on each application for a permit. Notice of the public hearing shall
be published at least 10 days prior to the hearing in an official
newspaper of the Town and shall be mailed by the applicant at least
10 days prior to the hearing to all owners of lots within 500 feet
of the perimeter of the subject lot. The expense of publishing and
mailing any notice required by this article shall be paid by the applicant,
and the applicant must file with the Town Clerk an affidavit of mailing
with a list of the names of the owners of record of the property within
the 500 feet, together with the section, block and lot number of each,
with such written notice prior to the public hearing. The Commission,
applicant, and any interested parties may present testimony or documentary
evidence at the hearing, which will become part of the record regarding
the historic, architectural, archeological or cultural importance
of the subject building.
(3)
Notwithstanding the procedure set forth in Subsection B(2), above, the Commission may waive the holding of a public hearing and, instead, hold a conference with the applicant and/or its representative to determine whether a permit should be issued. Such conference shall be held at a regularly scheduled meeting of the Commission.
C.
Tier 2 historic buildings. Applications for proposed demolition of
Tier 2 historic buildings shall be referred by the Building Inspector
to the Director of Planning for review to determine whether to issue
an administrative permit for demolition.
E.
The determination of the Commission or the Director of Planning shall
be in writing and shall be filed with the Town Clerk, Building Inspector,
and the applicant within 30 calendar days from the close of the public
hearing or conference on an application for alteration or demolition
of a Tier 1 historic building, and within 30 calendar days from the
receipt of a complete application for demolition of a Tier 2 historic
building.
(1)
If the Commission or Director of Planning determines that a permit
should be issued, its determination shall so state and set forth its
reasons for such determination.
(2)
If the Commission or the Director of Planning determines that a permit shall be issued with conditions, its determination shall so state and set forth its reasons for such determination. Failure to comply with such conditions may result in penalties pursuant to § 71-29 of this article and/or revocation of the permit.
(3)
If the Commission or the Director of Planning determines that a permit
should not be issued, it shall so state and set forth its reasons
for such determination.
F.
In arriving at its determination, the Commission or the Director
of Planning shall consider, in addition to any other pertinent factors,
the Secretary of the Interior's Standards for the Treatment of Historic
Properties and the following principles in assessing whether the historical,
architectural, archeological or cultural significance of the subject
building outweighs any special circumstances or potential hardships
posed to the applicant.
(1)
Properties that contribute to the historic character of the Town
shall be retained, with their historic features altered as little
as possible.
(2)
Any alterations or additions to existing properties shall be compatible
with their historic character and with the surrounding area. In applying
the principle of compatibility, the Commission or Director of Planning
shall consider the following factors:
(a)
The general design, character, and scale of the proposed alteration
or addition relative to existing features of the property, surrounding
properties, and the neighborhood;
(b)
Visual compatibility with surrounding properties, including
proportion of the property's front façade, proportion and arrangement
of windows and other openings within the façade, roof shape,
and the rhythm of spacing of properties on streets, including setback;
and
(c)
The importance of historic physical and visual features to the
significance of the property.
A.
Town Board review.
(1)
Any determination, decision, or order of the Commission or the Director
of Planning made pursuant to or within the scope of this article may
be reviewed by the Town Board at the request of any person aggrieved
thereby, provided that such review is commenced by the filing of a
notice of appeal to the Town Board within 30 days after the Commission
files with the Town Clerk its determination. Such notice of appeal
shall specify the grounds for seeking review.
(2)
In making its determination on the appeal, the Town Board shall review the written determination of the Commission or the Director of Planning in conjunction with the permit application and the criteria set forth in § 71-26F, and consider the appropriateness of the alteration or demolition as well as the health, safety, morals and general welfare of the Town, with particular attention given to the needs of the residents and industries within the historic area or any special circumstances or hardship that the applicant may choose to bring forward.
B.
Based on its determination of appeal, the Town Board shall issue
a written determination directing the Building Inspector to issue
or deny a permit to the applicant.
C.
If no person appeals, the determination of the Commission becomes
final and binding upon the applicant and Building Inspector.
Any determination, decision, or order of the Town Board under
this article may be judicially reviewed, pursuant to Article 78 of
the Civil Practice Law and Rules, in the Supreme Court for Westchester
County if commenced within 30 days of the filing of the Town Board's
determination. The court may take evidence as it may direct and report
the same with its findings of fact and conclusions of law, if it shall
appear that testimony is necessary for the proper disposition of the
matter. The court at special term shall itself dispose of the cause
on the merits, determining all questions which may be presented for
determination.
A.
In case any building is altered or demolished, either partially or
wholly, as set forth, pursuant to this article, either by proceeding
without a permit or contrary to approved plans and specifications
for which a permit is issued, the Building Inspector shall issue a
stop-work order and serve same upon the owner of record, a tenant
in possession and any contractor or subcontractor working at the subject
premises.
B.
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.
C.
In addition to the foregoing, the Town shall have such other remedies
for any violation or threatened violation of this article as now or
hereafter may be provided by law, including but not limited to prosecution
in the Town Court of the Town of Bedford and proceeding in the Supreme
Court in an action for an injunction to restrain any violation of
this article and further in an action in Supreme Court for an injunction
to order removal in whole or in part of any exterior architectural
feature in existence in violation of this article or for reconstruction
or restoration as may be necessary to restore the building to its
appearance prior to the violation.
Where this article imposes greater restrictions than are imposed
by the provisions of any law, ordinance, or regulation, the provisions
of this article shall apply. Where greater restrictions are imposed
by any other law, ordinance or regulation, such greater restrictions
shall apply.
If any section, clause or provision of this article or the application
thereof to any person is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and, to this end, the
various sections, clauses or provisions of this article are declared
to be severable.
This article shall take effect immediately upon filing in the
office of the Secretary of State of the State of New York in the manner
prescribed by law.
