[Adopted 3-22-2004 by L.L. No. 3-2004]
Pursuant to Article 2, § 10 of the
New York State Municipal Home Rule Law and the New York State Town
Law, the Town of Bedford hereby enacts a Scenic and Historic Roadway
Protection Law.
This article shall be known and may be cited
as the "Scenic and Historic Roadway Protection Law of the Town of
Bedford, New York."
A.
Purpose. The residents of the Town of Bedford consider
the scenic beauty and historic character of the Town to be assets
of the greatest importance in determining and sustaining the character
of the Town. This article strives to preserve the visual quality and
historic character of certain roadways and their surroundings within
the Town while insuring the safety of the users of these roadways.
The roadways deemed important to remain in their present condition
may be designated as scenic and historic roadways by the Town of Bedford
Town Board for the purpose of controlling any future changes to such
roadways.
B.
It is hereby declared as a matter of public policy
that the protection, enhancement, perpetuation, and use of scenic
and historic roadways of special character or aesthetic and/or historic
interest or value is a public necessity and is required in the interest
of the health, safety, and general welfare of the people. The objectives
of this article are to:
(1)
Accomplish the protection, enhancement and perpetuation
of such scenic and historic roadways that represent or reflect the
elements of the Town of Bedford's heritage.
(2)
Safeguard the Town of Bedford's scenic and historic
roadways, as embodied in the landscape, geologic and man-made features.
(3)
Stabilize and improve property values along such scenic
and historic roadways.
(4)
Foster civic pride in the beauty of the Town of Bedford.
(5)
Protect and enhance the Town of Bedford's open space
and scenic and historic beauty that attract people and, thereby, provide
support and stimulus to business.
(6)
Promote the use of scenic and historic roadways for
the education, pleasure, and welfare of the people of the Town of
Bedford.
(7)
Preserve the semi-rural character of the Town of Bedford.
(8)
Promote traffic and pedestrian safety.
(9)
Recognize the many scenic and historic components
that are connected with Town roads that, once eliminated or adversely
altered, will be irreplaceable.
(10)
Implement the objectives and policies of the Town
of Bedford's Master Plan.
(11)
Protect and maintain the condition of stone walls
within and around scenic and historic roadways.
(12)
Preserve the historic character of the Town of Bedford.
C.
It is the declared intent of the Town of Bedford to
protect and conserve the scenic and historic roadways of the Town
of Bedford, to ensure that the benefits found to be provided by the
scenic and historic roadways will not be lost for present and future
generations, and to protect the broader public interest.
A.
Unless specifically defined below, words or phrases
used in this article shall be interpreted so as to give them the meanings
they have in common usage and to give this article its most reasonable
application.
B.
BUFFER ZONE
DISTURBANCE
ROAD
ROAD RIGHT-OF-WAY LINE
ROADWAY
SCENIC AND HISTORIC ROADWAY
STRUCTURE
As used in this article, the following terms shall
have the meaning indicated:
An area extending from the road right-of-way line on all designated scenic and historic roadways a distance equal to the front yard specified in the Town Zoning Law (Chapter 125 of the Code of the Town of Bedford) into adjoining/abutting properties. The Town Board may specify an alternate width for the buffer zone for specific scenic and historic roads. The buffer zone serves to form a barrier around the scenic and historic roadway to prevent potential disturbances to such roadway, including building, grading or clearing activities, except as authorized by the Town Board.
Land preparation, such as, but not limited to, tree removal,
clearing, grading and filling, or the building of structures, including
driveways.
The entire right-of-way of a vehicular traveled way plus
its necessary appurtenances, including bridge structures, drainage
systems, retaining walls, traffic control devices, sidewalks, pedestrian
facilities, and the airspace above them, but not intersecting streets
or driveways.
The property line separating a road from a private property.
Any public highway, street, road, or other way approved by
the Town Board permanently dedicated to the movement of vehicles and
pedestrians and providing the principal means of access to abutting
property.
A roadway of locally or regionally outstanding scenic, natural,
recreational, cultural, historic or archeological significance.
Anything constructed or erected, the use of which requires
location on or under the ground or attachment to something having
location on the ground. "Structure" includes a building.
From time to time the Town Board of the Town
of Bedford shall, on its own motion, or upon recommendation of any
Town board, committee or other organization or group, identify and
designate roadways within the Town of Bedford as scenic and historic
roadways. The procedure for designation shall be as follows:
A.
Designation by the Town Board. The Town Board shall
identify a scenic and historic roadway within the Town of Bedford.
The Town Board, where appropriate, shall seek the advice and counsel
of other boards, officials or consultants in furtherance of the designation
process.
B.
Petition by a majority of interested landowners. As
an alternative to designation by the Town Board, the owners of lot
frontage abutting both sides of a roadway or portion of a roadway
[the "petitioner(s)"] may apply to the Town Board for designation
of a roadway or a portion thereof as a scenic and historic roadway.
(1)
The application shall:
(a)
State by name the roadway requested to be designated
as a scenic and historic roadway;
(b)
Identify the length of the road to be designated
and, when only a portion(s) of the road is proposed for designation,
identify the starting and ending points of the proposed portion(s)
in terms of feet from the nearest intersection;
(c)
List the petitioners owning land that borders
the affected roadway and provide the address and tax parcel number
for each;
(d)
Describe the characteristics of the road which enable it to qualify for scenic and historic roadway status, taking into consideration the criteria set forth in § 71-38; and
(e)
Include a written narrative describing the road's
special scenic and historic qualities with supporting documentation,
such as photographs, maps or other materials.
(f)
Recommend design principles and restrictions
for this proposed road segment.
(2)
An original and one copy of the application shall
be filed with the Town of Bedford Town Clerk (the "Town Clerk"), who
shall retain the copy and forward the original to the Town Board.
C.
Advisory opinions. The Town Board may, within 30 days
of receipt of an application or upon its own identification of a roadway
for designation, refer the application to any appropriate Town board,
committee or other organization or group for review and comment. These
entities may submit comments to the Town Board within 60 calendar
days of their receipt of the application from the Town Board.
D.
Public hearing required. As soon as practicable, but
no later than 120 days after its own identification of a roadway or
upon receipt of an application for designation, the Town Board shall
hold a public hearing regarding the designation of such roadway as
a scenic and historic roadway, at which time the public, parties in
interest, and the owners of property abutting the scenic and historic
roadway shall have the opportunity to be heard regarding the proposed
designation.
E.
Notice required.
(1)
After the Town Board identifies a road as being worthy
of scenic and historic roadway designation or receives an application
from members of the public for designation, it shall notify all owners
of property adjacent to and within 500 feet of the road section proposed
for designation of the intent to designate the road as a scenic and
historic roadway. Such notice to the adjacent property owners shall
be sent no less than 15 but not more than 40 days prior to the scheduled
date of the public hearing, and the notice shall state the intent
to designate the road as a scenic and historic roadway.
(2)
Such notice shall also be filed with the Town Clerk
and be available for public inspection no less than 15 days prior
to the scheduled date of the public hearing.
(3)
Notice of the public hearing shall be published in
the Town's official newspaper no less than 10 days in advance of the
scheduled date of the public hearing. The notice shall be published
at the expense and at the direction of the Town.
F.
Town Board action. After conducting the public hearing on the intent to designate a scenic and historic roadway, the Town Board shall approve or disapprove the designation according to its regular voting procedures, in accordance with the criteria set forth in § 71-38 below. The Town Board approval shall contain a written summary of the unique aspects and the specific improvements of the roadway that have been identified.
G.
Effect of designation. Designation of a roadway as
a scenic and historic roadway shall be effective as of the date of
the Town Board's determination. Any work on a portion of a roadway
or buffer zone which was not physically commenced at the time the
road was designated as a scenic and historic roadway shall conform
to the requirements of this article.
H.
Appeals. Any person aggrieved by a designation or
refusal to designate a roadway as a scenic and historic roadway pursuant
to this article may seek appropriate judicial review.
A.
General characteristics. A scenic and historic roadway
shall be found to possess one or more of the following general characteristics:
(1)
The road has significant scenic, recreational, cultural,
natural or historic features that, once altered, are irreplaceable.
Examples of these features include, but are not limited to:
(a)
Memorable or unusual landscape elements or viewscapes
bordering the road;
(b)
A road that is particularly appealing to cyclists,
hikers or horseback riders for its specific characteristics;
(c)
A road that passes through or abuts upon a traditional
working landscape, i.e., farming, orchards, etc., where alteration
of the road would diminish the significance of the landscape;
(d)
A road that passes through or abuts upon unusual
geologic formations, topography, water resources, wetlands or habitats
for rare or endangered wildlife; or
(e)
A road that passes through or abuts a site or
sites of historical importance where altering the road would diminish
the impact of historical reference.
(2)
The road possesses a unique overall quality of scenic
beauty, scale, texture, and form.
B.
Specific characteristics. A scenic and historic roadway
shall be found to have one or more of the following specific characteristics:
(1)
The road is bordered by mature trees, stone walls,
or an extensive or unusual variety of major rock outcroppings;
(2)
The road offers views of near or distant landscapes;
(3)
The road is not paved;
(4)
The road is compatible with the natural environment
and is integrated well with the surrounding terrain; or
(5)
The road is bordered by one or more pre-1900 structures
that reflect the character of Bedford's historic past.
A.
Each property adjacent to a scenic and historic roadway
shall maintain the buffer zone, as defined in § 78-36 above,
from the road right-of-way line into the property in a condition recognized
by the Town Board in its designation of the scenic and historic roadway.
Within the buffer zone there shall be no significant disturbance,
including, but not limited to, tree removal, clearing, grading and
filling, or the building of structures, including driveways, except
as approved by the Town Board or a designated municipal approval agency.
The following activities shall not require approval:
B.
The buffer shall closely resemble the natural appearance
of the undeveloped land.
A.
Alterations and improvements of designated scenic
and historic roadways shall 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 and shall
not be inconsistent with the concerns identified in the nomination
of a particular roadway.
B.
Routine road maintenance and emergency repairs undertaken
by the Highway Superintendent shall not require a public hearing or
Town Board approval.
(1)
For purposes of this section, "routine road maintenance"
shall mean: trimming of the tree branches that encroach on the traveled
portion of the road below the height needed to allow school buses
and emergency vehicles to pass; trimming or removal of brush or other
obstacles that encroach on the traveled portion of the road; necessary
trimming for utility lines; trimming of brush to enhance and protect
scenic and historic views, stone walls, mature trees and other characteristics
of the scenic and historic roadway; correction of drainage problems;
and retreatment and repair of existing roadway surfaces.
(2)
In the case of a natural disaster in which, in the
judgment of the Highway Superintendent, a road or a portion thereof
becomes impassable or unsafe for public travel, emergency repairs
and reconstruction by the Highway Superintendent may be made as needed
to restore the road to its pre-emergency condition and surface without
a public hearing or Town Board approval. Repair work that would change
the condition of the roadway to other than its state prior to the
disaster is subject to procedures required for alterations and improvements
not involving routine road maintenance or emergency repairs.
C.
Alterations and improvements involving road maintenance
and repair.
(1)
All activities, not defined as an emergency repair or routine road maintenance in Subsection B(2) above, shall be reviewed by the Town Board according to the standards in § 71-41 below. Such activities include, but are not limited to:
(a)
Widening of the traveled portions or right-of-way
of scenic and historic roadways;
(b)
Major changes of grade;
(c)
Straightening or realignment of scenic and historic
roadways;
(d)
Construction or removal of access corridors
to and from a property;
(e)
Placement of temporary or permanent signage
upon or abutting scenic and historic roadways;
(f)
Removal or damaging of stone walls;
(g)
Removal of mature trees or vegetation;
(h)
Major drainage improvements, including reshaping
of ditches and roadway side slopes; and
(i)
Paving unpaved scenic and historic roadways
or portions thereof.
(2)
Any proposal for alteration or improvement of a designated scenic and historic roadway hereunder shall be submitted to the Town Board. Such proposal shall be accompanied by a suitable map showing the location of each proposed improvement or alteration, and, when deemed necessary by the Town Board, a short report describing the proposed alterations, discussing the reasons for the proposed alteration and available alternatives, if any. The Town Board shall submit such proposal to the Planning Board, the Conservation Advisory Board and the Highway Superintendent for review and comment and shall hold a public hearing in the manner set forth in § 71-37D, above. Any of the activities listed in Subsection C above shall be deemed an "Action" as that word is defined in the Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, and therefore shall be subject to the provisions of the Environmental Quality Review Act. The Town Board shall file its determination with the Town Clerk within five days of the decision or determination.
The following standards shall guide Town Highway Department routine road maintenance and emergency repairs on or along scenic and historic roadways (or portions thereof) and shall be considered by the Town Board in evaluating proposals identified in § 71-40C above:
A.
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 shall be determined. The lower speed limit shall be posted
and suitably enforced.
B.
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 shall 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.
C.
Grades. Hills and valleys and corresponding changes
in typography and road grades are correlated with scenic and historic
values. Changing grades through cuts and fills shall not be undertaken
unless necessary for roadway safety.
D.
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,
shall 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.
E.
Side slopes. Existing steepness of side slopes are
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.
F.
Vistas. Roadside views of near and distant scenic
and historic landscapes shall be preserved and, where possible, enhanced
through vegetative management and selective cutting to maintain or
open up such views.
G.
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 right-of-way of the scenic and historic roadway.
H.
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.
I.
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.
J.
Vegetation. Vegetation on the side of the road shall
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.
K.
Drainage ditches. Drainage swales shall be vegetated
or lined with stones in areas subject to erosion.
Any determination 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.
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.
Any person found in violation of any provision of
this article or conditions imposed by the approving agency shall be
served with a written notice by the Building Inspector stating the
nature of the violation and ordering him to cease and desist therefrom.
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 restoration as may be
necessary to restore the scenic and historic roadway and related buffer
zone to its appearance prior to the violation.
Where this article imposes greater restrictions
than are imposed by the provisions of any law, or regulation, the
provisions of this article shall apply. Where greater restrictions
are imposed by any other law, 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.
