In interpreting and applying this Zoning Ordinance,
the requirements contained herein are declared to be the minimum requirements
necessary for the protection and promotion of the public health, safety
and general welfare. This chapter shall not be deemed to affect, in
any manner whatsoever, any easements, covenants or other agreements
between parties, except that, where this chapter imposes a greater
restriction upon the use of structures or land or upon the erection,
construction, establishment, moving, alteration or enlargement of
structures than those which are imposed by easements, covenants or
agreements or by public ordinances, rules, regulations, licenses,
certificates or other authorizations, the provisions of this Zoning
Ordinance shall prevail.
No structure shall be erected, constructed,
moved, altered, rebuilt or enlarged, nor shall any land, water or
structure be used, designed or arranged to be used, for any purpose
except in accordance with this Zoning Ordinance and with the requirements
stated in this Zoning Ordinance for the district in which such building
or land is located.
A.
Continuing of existing nonconforming uses. Any lawful
use of a structure or of land existing on the effective date of this
chapter may be continued even though such use does not conform with
the use provisions of this chapter. Such uses shall be deemed nonconforming
uses.
B.
Nonconforming use of land. Where no structure is involved,
the nonconforming use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased,
nor shall it be extended to occupy a greater area of land than occupied
by such use at the time of the adoption of this chapter.
(2)
The lot on which such nonconforming use is located
shall not be reduced in size.
(3)
Such nonconforming use shall not be moved, in whole
or in part, to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of the adoption of this chapter.
(4)
If such nonconforming use of land or any portion thereof
ceases for any reason whatsoever for a continuous period of more than
six months or is changed to a conforming use, any future use of such
land shall be in conformity with all provisions of this chapter.
(5)
No nonconforming use of land shall be changed to another
nonconforming use.
C.
Nonconforming use of structures. The nonconforming
use of a building or structure may be continued, provided that:
(1)
Such building or structure shall not be enlarged or
extended unless the use therein is changed to a conforming use.
(2)
Such nonconforming building or structure shall not
be structurally altered or reconstructed, except for such alteration,
maintenance and repair work as is required to keep said building or
structure in a safe condition.
(3)
Such nonconforming use shall be changed only to a
conforming use.
(4)
If such nonconforming use of a building or structure
ceases for any reason for a continuous period of more then six months
or is changed to a conforming use, then any future use of such building
or structure and the land on which it is located shall be in conformity
with all provisions of this chapter for the district in which it is
located.
(5)
Any such nonconforming building or structure damaged
or destroyed by any means to an extent greater than 50% of its fair
market value, as determined by the Town Assessor, shall be permitted
to be reconstructed only if the future use of the building or structure
and the land on which it is located is in conformity with this chapter.
Any such nonconforming building or structure damaged to an extent
less than 50% of said fair market value may be rebuilt, provided that:
(a)
The resumption of the nonconforming use takes
place within one year of the time of its interruption.
(b)
The cost of such reconstruction or structural
alteration is less than 50% of said fair market value.
(c)
The reconstruction or structural alteration
is commenced within six months of the date of such damage and completed
within 18 months of the date of such damage.
(d)
Where such rebuilding can reasonably be accomplished
so as to result in greater conformity with this chapter, then the
rebuilding shall be so done.
D.
Dimensional nonconformity. A building or structure
that is conforming in use, but does not conform to the lot area, effective
square, yard dimension, height, setback, coverage, off-street parking,
loading or similar dimensional requirements of this chapter, shall
be deemed to be dimensionally nonconforming. No permit shall be issued
that will result in the increase of any dimensional nonconformity,
but any building or structure or any portion thereof may be altered
to decrease its dimensional nonconformity. An increase in the height
of a dimensionally nonconforming structure shall constitute an increase
in dimensional nonconformity and, consequently, no permit shall be
issued authorizing such an increase in height.
[Amended 3-16-2004 by L.L. No. 5-2004]
A.
Every building hereafter erected shall be located
on a lot, as herein defined. There shall be not more than one main
building and its accessory buildings on each minimum size lot, except
for nonresidential buildings in districts where such uses are permitted.
On one undivided parcel of land in size equal to or greater than twice
the minimum acreage as required for the districts established hereunder,
no more than two main buildings and their accessory buildings shall
be permitted; provided, however, that, in each such instance, all
main and accessory buildings must conform to all lot requirements
established hereunder the same as if such buildings were placed on
two separate and independent parcels of land.
B.
In addition to the minimum lot area shown on the Table
of Dimensional Requirements[1] for the district in which a lot is located, such lot shall
contain an effective square with a side dimension equal to that required
in the Table of Dimensional Requirements. Where a lot is located on
a curve with a radius of 500 feet or less measured at the front lot
line, the side of the effective square closest to the front lot line
may be reduced by no more than one-third (1/3) if the opposite side
is increased by the same amount, thus forming a trapezoid instead
of a square.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
A.
No permit shall be issued for any land use or structure
unless the lot upon which such land use is to be established has a
frontage which has been suitably improved to Town road standards or
a bond posted therefor and unless the actual access to such use or
such structure will be over such frontage; all in accordance with
the provisions of § 280-a of the Town Law.
B.
The following standards shall apply to the creation
of new lots:
(1)
A minimum frontage of 25 feet shall be required.
(2)
Access strips, as defined in § 125-3 herein, shall be not less than 25 feet in width, measured along a line perpendicular to the center line of the access strip. In its review of subdivision plats, the Planning Board may limit the length of the access strip for reasons of health, safety or public welfare.
No more than 25% of the minimum lot area required
under the Zoning Ordinance may be satisfied by land which is under
water or mapped as a wetland by the Wetlands Control Commission, except
that in an R-4A District, no more than 50% may be so satisfied.
[Amended 10-15-1991; 4-6-2004 by L.L. No. 6-2004]
A.
No fence or gate shall be erected except as provided
herein:
(1)
A fence or gate may be erected in a residential district
wholly within the lot lines of the subject property, provided that
the fence:
(a)
Is located 20 feet or more from the front lot
line and does not exceed six feet in height.
(b)
Is located less than 20 feet from the front
lot line and does not exceed four feet in height; provided that a
permit for same has been issued by the Building Inspector.
[1]
Application for a fence or gate shall be made
on a form or forms provided by the Town. An application shall be accompanied
by a plan or sketch clearly showing the location and height of the
proposed fence or gate and it shall state the material of which it
shall be constructed, all of which shall be in conformity with this
chapter and accompanied by the appropriate fee. The Building Inspector
may require the submission of an as-built survey to confirm the location
of the fence.
[2]
A permit to construct a fence or gate shall
be in effect for six months from issuance.
[3]
A final inspection must be conducted by the
Building Department after completion of the installation of the fence
or gate to check for compliance with the provisions of this chapter.
[4]
The fee for issuance of a permit shall be set
by resolution of the Bedford Town Board.
(c)
Is located inside the required front, side and
rear yard requirements, provided that it conforms to the provisions
of this chapter with respect to walls of structures, with each 12
feet or fraction thereof being deemed a story of a principal structure.
(d)
Encloses a swimming pool, provided that it conforms
to the New York State Uniform Fire Prevention and Building Code, in
addition to these regulations.
(2)
A fence or gate may be erected in a nonresidential district wholly within the lot lines of the subject property, provided that the fence or gate does not exceed six feet in height, with any such fence or gate being subject to site plan review in accordance with Article IX, Site Plan Approval, of this chapter.
(3)
The following provisions shall apply to all fences
and gates, residential and nonresidential, in the Town of Bedford:
(a)
A fence or gate shall be erected within property
lines so that the smooth or finished side shall face to the outside
of the premises. All fence posts shall be placed on the inside of
a fence, except for a fence to contain livestock.
(b)
No fence or gate shall be erected in such a
manner as to inhibit or divert the natural drainage flow or cause
the blockage or damming of surfacing water creating ponding.
(c)
No fence or gate shall be erected which may
create a fire hazard or other dangerous condition or which may result
in obstruction to effective fire fighting.
(d)
Fences and gates shall be erected within the
boundaries of the applicant’s property.
(e)
Fences and gates shall be maintained in a safe
and substantial condition.
(f)
Any driveway gate that obstructs access to the
property for Fire Department personnel is required to be equipped
with an approved hold-open device for emergency operation. This device
must be approved by the Building Department. The emergency operation
of these gates shall be maintained at all times. As to existing gates
that obstruct driveway access, the section shall be effective as of
July 1, 2005.
(g)
No fence shall be located or constructed on
a terrace or wall that will result in or have an overall height of
more than that permitted, unless such fence shall be located at least
10 feet back from that terrace or wall.
(h)
No fence or gate shall be erected within 20
feet of a public street which shall, in the judgment of the Superintendent
of Highways, be a safety hazard or obstruct the view of vehicular
or pedestrian traffic on such streets.
(4)
The following fences and gates and fencing materials
are specifically prohibited:
(a)
Barbed, razor or ribbon wire or broken glass
as part of any fence or gate, unless specifically permitted.
(b)
Pointed metal fences or gates, unless located
within either the Bedford Village Historic District or the Katonah
Historic District and approved by the Bedford Historic District Review
Commission or the Katonah Historic District Advisory Commission.
(c)
Canvas and/or cloth fences, except when used
to protect shrubs and vegetation.
(d)
Electrically charged fences and gates, unless permitted pursuant to § 125-25.
[Amended 4-5-2022 by L.L. No. 3-2022]
(e)
Poultry and/or turkey wire fences and gates
within minimum front, side and rear yards.
(f)
Temporary fences or gates, such as snow fences,
unless on sites under construction, for snow control, or as permitted
pursuant to § 125-25..
[Amended 4-5-2022 by L.L. No. 3-2022]
(g)
Expandable fences and gates and collapsible
fences and gates, except during construction of a building.
(h)
Chain link fences and gates erected with the
open loop at the top of the fence.
(5)
All existing fences and gates which do not conform
to the provisions of this chapter may be continued as they presently
exist, except that these fences and gates shall not be altered, extended,
replaced or modified except in accordance with the provisions of this
chapter.
B.
A cornice, chimney or other architectural feature
may project beyond the wall of a building into a yard so as to reduce
by no more than 12 inches, the required minimum dimensions of such
yard. Such a cornice or other architectural feature may measure in
area no more than 25% of the wall upon which it is located.
C.
Mailboxes.
A.
An awning projecting beyond the property line of any
lot into a public right-of-way shall not be erected or maintained
on any building or structure, unless such awning be at all points
at least seven feet above the level of said right-of-way, nor shall
any such awning project beyond the line of said public road a distance
greater than six feet. Any such awning shall be firmly affixed to
the building to which it is accessory and entirely supported by such
building.
B.
A permanent marquee or canopy projecting beyond the
property line of any plot into a public right-of-way shall not be
erected or maintained, except that a temporary and/or removable canopy
may be erected, provided that the canopy shall be at all points at
least seven feet above the level of said public right-of-way, and
all parts of said canopy and its supports shall be at least 20 inches
back of the gutter of such public right-of-way.
If the alignment of existing buildings within
100 feet of each side of the lot in question and within the same block
and district and on the same side of the road is nearer to the road
than the front yard depth prescribed in the Table of Dimensional Requirements,[1] the front yard depth for any building or structure on
that lot may be taken as the average front yard depth of the adjoining
buildings.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
On a corner lot, there shall be provided a side
yard on a side street equal in depth to the required front yard. The
rear yard may be elected by the owner, provided that it is indicated
on plans filed with the Building Inspector.
On a corner lot, no fence, wall, structure,
tree or shrubbery or other obstruction more than three feet in height
above the plane of the established grade of the roads shall be erected
or placed on any part of the front or side yard herein established
that is included within the triangular area formed by the nearest
edges of road pavement and a straight line between two points each
a minimum of 75 feet back from the intersection of the nearest edges
of pavement prolonged. Such obstructions may be permitted if authorized,
in writing, by the Highway Superintendent.
The maximum building height limitations of this
chapter shall not apply to flagpoles, church spires, belfries, domes,
chimneys, ventilators, skylights, tanks or solar energy collectors
or other similar features and necessary mechanical appurtenances not
used for human occupancy, provided that:
The least dimension of any inner court at the
sill level of the lowest windows shall be at least equal to the height
of the highest wall forming part of such court.
No structure of any kind in which persons customarily
live, sleep, eat, work or congregate shall be erected unless such
building is equipped with toilet facilities connected with a public
sewer or septic tank or to some other means of disposal approved by
the Westchester County Department of Health.
In any development requiring site plan review under the provisions of Article IX of this chapter, all new utilities and services, including lines and equipment for providing power and/or communication, including cable television, shall be installed underground. All installations shall be made in accordance with the rules and regulations of the appropriate municipal district and/or utility company. If the site includes a new road, all underground utility lines, except for underground service connections, shall be located outside the traveled way. If located outside of the road right-of-way, the necessary easements for this purpose must be provided prior to site plan approval by the Planning Board.
Any application to the Planning Board or Board
of Appeals for the erection, construction, enlargement, alteration
or movement of any building or structure or for the establishment
of any use within any business or industrial district or any nonresidential
use in any residence district shall include provisions for a buffer
screening area at least 10 feet in width along any lot line abutting
or, if determined necessary by the approving authority, directly across
the street from any lot in a residence district. This requirement
may be waived by the approving authority in situations where it determines
that large distances, topographic features or existing vegetation
satisfy the same purpose. Where such a buffer screening area is required,
it shall meet the following standards:
A.
It shall be of evergreen planting of such type, height,
spacing and arrangement as, in the judgment of the approving authority,
will screen the activity involved from the neighboring residential
area. Nonevergreen planting may seasonally supplement evergreen planting,
but not take its place.
B.
The plan and specifications for such planting shall
be filed with the plans for the use of the lot.
C.
Required planting shall be properly trimmed and maintained
in good condition at all times.
A.
General regulations. The following regulations apply
to the maintenance of animals in all districts:
(1)
The maintenance, breeding, raising, purchase and/or
sale of all animals and their products, including but not limited
to milk and eggs, is considered an accessory use and is permitted,
subject to the requirements listed below.
(2)
The acreage required to meet the standard for one
type of animal may not also be applied to meet the standard for another
type of animal. For example, the maintenance of two horses and four
goats on one lot would require a lot area of at least five acres.
(3)
All animals living primarily within the residence
and not regulated below are excluded from these regulations.
(4)
All animals shall be suitably contained to prevent
damage to persons and property.
B.
Regulations for specific animals.
(1)
Fowl (such as chickens and ducks).
(a)
The maintenance of 12 or fewer fowl is permitted
as an accessory use in the R-1/2A, R-1A, R-2A and R-4A Districts.
No roosters shall be permitted in the R-1/2A and R-1A Districts.
(b)
All feed shall be housed in rodentproof containers.
(c)
The maintenance of more than 12 fowl on a lot
must meet the following standards:
[1]
At least four acres of lot area in the R-4A
District is required.
[2]
All structures used for the housing and feeding
of fowl and all exercise yards, pens or other areas used for their
maintenance shall be located at least 50 feet from each property line
and at least 150 feet from any existing residence other than that
on the lot. Abutting lots with common beneficial ownership shall be
considered a single lot.
(2)
Goats and sheep.
(a)
The maintenance of two or fewer goats or sheep
is permitted as an accessory use on conforming lots in the R-1A, R-2A
and R-4A Districts. All structures, exercise yards, pens or other
areas used for their maintenance shall be located at least five feet
from each property line.
(b)
All feed shall be housed in rodentproof containers.
(c)
The maintenance of three or more goats or sheep
on a lot must meet the following standards:
[1]
At least one acre of lot area is required for
the first two goats or sheep. An additional one-half (1/2) acre of
lot area is required for each goat or sheep after two.
[2]
All structures used for the housing or feeding
of goats or sheep shall be located at least 50 feet from each property
line and at least 150 feet from any existing residence other than
that on the lot. All exercise yards, pens or other areas used for
their maintenance shall be located at least five feet from each property
line.
(d)
Targeted vegetation management.
[Added 4-5-2022 by L.L. No. 4-2022]
[1]
Goats and sheep are permitted to be used for management of vegetated
land for a limited duration of time for such purposes as land clearing,
eradicating invasive species or harmful flora, and regenerating damaged
land.
[2]
Targeted vegetation management requires a minimum parcel size of
five acres.
[3]
A permit must be applied for and obtained from the Town Clerk. A
filing fee must be paid in accordance with the Town Fee Schedule and
all requirements for issuance of a permit as set forth in the permit
application shall be satisfied before a permit is issued.
[4]
The following permit conditions apply:
[a]
Permitted animals may graze for a maximum of 30 consecutive
days and for not more than twice per twelve-month period from the
date of permit approval.
[b]
Permitted animals pursuant to § 125-25B(2)(d) must be contained by temporary fencing unless already contained by permanent fencing, pursuant to § 125-15. Temporary fencing specifically used in connection with this section may be nonelectrified or electrified. If electrified, all of the following conditions must be satisfied:
[i]
The electrically charged fence shall be UL listed and installed
and maintained per manufacturer specifications.
[ii]
The fence shall be installed and used in accordance with NYS
Electrical Code.
[iii]
The electrically charged fence may not exceed
12 amps.
[iv]
The electrically charged fence shall be a pulsed charge system
and not a continuous charge system.
[v]
The electrically charged fence must be powered through the usage
of a small rechargeable battery pack or solar energy battery pack.
[vi]
Signage must be posted at intervals not less than 20 feet demonstrating
usage of a live current.
[vii]
The electrically charged fence shall not exceed
four feet in height and shall be placed a minimum of 25 feet from
any property line.
[viii]
An additional temporary exterior fence must
be installed to fully encapsulate the electrically charged fence and
must be spaced a minimum of five feet away from the perimeter of the
electrically charged fence. The exterior temporary fence height shall
be between four and six feet in height. Any fencing measuring six
feet in height must be set back a minimum of 20 feet from the front
property line.
[c]
Any temporary structures used in connection with this section
must adhere to applicable zoning district setback requirements.
[5]
All premises on which permitted animals are kept or maintained shall
be clean from filth, garbage and any substances which attract rodents.
All supplemental feed and water shall be securely stored in water-tight
and vermin-proof containers.
[6]
Care of animals. All permitted animals kept on the premises shall
have daily access to fresh drinking water (not from nearby lakes,
ponds, etc.). All permitted animals permit shall receive proper veterinary
treatment and regular deworming. In the event that an animal becomes
ill, hurt, or perishes, the permit holder and the owner of the goat
is responsible for immediate on-site care or removal of said animal
from the premises.
[7]
Permitted animals shall not be kept in such a manner as to constitute
a nuisance to the occupants of adjacent property.
(3)
Horses. On conforming lots in the R-2A and R-4A Districts,
the maintenance of horses is permitted as an accessory use, subject
to the conditions listed below:
(a)
Two acres of lot area shall be required for
the first horse; one acre of lot area shall be required for each horse
after one.
(b)
Barns and manure storage areas shall be located
at least 50 feet from each property line and 150 feet from any existing
residence other than that on the lot. Fences and all exercise yards
or pasture lands shall be located at least five feet from each property
line. Abutting lots with common beneficial ownership shall be considered
a single lot.
(c)
All feed shall be housed in rodentproof containers.
(d)
The boarding of 10 or more horses on any property requires the approval of a special permit by the Planning Board. (See § 125-78.)
(e)
Riding instruction is permitted, provided that
no paid advertising is used to announce such use and provided that
instruction is limited to a single pupil at a time.
(f)
Commercial livery stables are not permitted.
(4)
Cattle.
(a)
On conforming lots in the R-2A and R-4A Districts,
the maintenance of cattle is permitted as an accessory use. Two acres
of lot area shall be required for the first such animal; one acre
of lot area shall be required for each such animal after one.
(b)
All structures used for the housing or feeding
of cattle shall be located at least 50 feet from each property line
and at least 150 feet from any existing residence other than that
on the lot. All exercise yards, pens or other areas for their maintenance
shall be located at least five feet from all property lines. Abutting
lots with common beneficial ownership shall be considered a single
lot.
(c)
All feed shall be housed in rodentproof containers.
(5)
Dogs.[1]
(a)
Dogs less than six months old shall be exempt
from these regulations.
(b)
The maintenance of three or fewer dogs is permitted
as an accessory use in any district.
(c)
The maintenance of four or more dogs must meet
the following standards:
[1]
At least one-half (1/2) acre of lot area is
required for the first three dogs. An additional one-fourth (1/4)
acre of lot area is required for each dog after four.
[2]
All structures used for the housing or feeding
of dogs shall be located at least 50 feet from each property line
and at least 150 feet from any existing residence other than that
on the lot. All exercise yards, pens or other areas for their maintenance
shall be located at least five feet from each property line. Abutting
lots with common beneficial ownership shall be considered a single
lot.
(6)
Swine.
(a)
The maintenance of two or fewer swine is permitted
as an accessory use on conforming lots in the R-2A and R-4A Districts.
(b)
All feed shall be housed in rodentproof containers.
(c)
The maintenance of three or more swine on a
lot must meet the following standards:
[1]
At least one-third (1/3) of an acre is required
for each animal.
[2]
All structures used for the housing or feeding
of swine shall be located at least 50 feet from each property line
and at least 150 feet from any existing residence other than that
on the lot. All exercise yards, pens or other areas for their maintenance
shall be located at least 50 feet from each property line. Abutting
lots with common beneficial ownership shall be considered a single
lot.
[3]
The maintenance of 10 or more swine requires
the approval of a special permit from the Planning Board.
The accessory buildings and structures listed
below shall be permitted in all districts, subject to the following:
A.
The total building coverage of all principal and accessory buildings and structures, regardless of size, located on a lot shall comply with the maximum building coverage requirements in § 125-50 herein.
B.
The following shall be considered accessory buildings or structures
for the purposes of this section: tennis courts, paddle tennis courts
and similar facilities without provisions for night play; swimming
pools; garages for passenger or commercial vehicles; studios; greenhouses;
treehouses/playhouses; garden houses; sheds/toolhouses; pool houses/cabanas;
barns; and solar energy collectors.
[Amended 2-7-1984; 5-15-1984; 8-1-1989; 4-3-2018 by L.L. No. 3-2018]
C.
Accessory buildings and structures not greater than 100 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure shall be located not closer than one-third (1/3) of the side yard and rear yard dimensions specified in § 125-50 herein. Accessory buildings and structures shall comply with the front yard setbacks specified therein.
D.
Individual accessory buildings and structures greater
than 100 square feet in ground floor area or greater than 10 feet
in height shall meet the following requirements:
(1)
Accessory buildings and structures permitted under this section shall comply with the front, rear and side yard requirements specified in § 125-50 herein and shall be limited in height to a maximum of 20 feet measured to the highest point of the building or structure.
(2)
The ground floor of an individual accessory building
or structure permitted under this section shall not exceed 0.5% of
the area of the lot on which the accessory building or structure is
located.
E.
In calculating maximum building coverage, 50% of the square footage
of tennis courts and paddle tennis courts should be included in the
calculation of building coverage.
[Added 6-7-2005 by L.L.
No. 7-2005; amended 4-3-2018 by L.L. No. 3-2018]
F.
The following accessory buildings shall be permitted to have a sink
and/or half bath: barns and studios; provided, however, that a building
permit shall be required for the installation of a half bath in any
barn or studio.
[Added 4-3-2018 by L.L.
No. 3-2018]
G.
Barns used for the purpose of housing livestock are also permitted
to have a washer and dryer and/or wash stall for livestock.
[Added 4-3-2018 by L.L.
No. 3-2018]
H.
Pool houses/cabanas shall be permitted to have sinks, a half bath,
washer and dryer, bathtub and indoor and/or outdoor shower and kitchen
facilities; provided, however, that a building permit shall be required
for the installation of a half bath, bathtub or an indoor or outdoor
shower in any poolhouse/cabana.
[Added 4-3-2018 by L.L.
No. 3-2018]
[Amended 2-1-2005 by L.L. No. 2-2005; 6-19-2012 by L.L. No.
5-2012]
A.
It is the intent of this section to permit customary home occupations
to be conducted and carried on in an existing dwelling unit or in
an existing accessory structure, provided that such customary home
occupation does not disturb the residential characteristics and nature
of the neighborhood in which it is located.
B.
A customary home occupation is a special use permit for which the
Planning Board is authorized to grant a special use permit in all
residential zoning districts subject to the following conditions:
(1)
The use is conducted solely within the dwelling unit or in an existing
accessory structure by the occupants of the dwelling and the use is
clearly incidental and secondary to the use of the dwelling unit for
living purposes.
(2)
There is no external display or advertising of goods or services
or other external evidence of such use except for one nonilluminated
nameplate not over one square foot in area, with letters not exceeding
1 1/2 inches in height.
(3)
The establishment of such occupation shall not require external alterations
or involve exterior construction features not customarily found in
residential neighborhoods with the exception of alterations required
for handicapped accessibility.
(4)
The occupation does not utilize an area exceeding 25% of the floor
area of the first story of the dwelling unit or 500 square feet, whichever
is less. In the case of an accessory structure, the limits of not
more than 25% of the first floor of the residential building or 500
square feet shall also apply. In addition, there shall be no expansion
of the existing building area of an accessory structure to permit
the home occupation.
(5)
The appliances and equipment shall be operated in such a manner that
they do not produce and emit, beyond the boundaries of the lot on
which the use is located, dust, glare, hazard, heat, light, noise,
nuisance, odor, radiation, radio or television interference, smoke
or vibration and are in no other manner obnoxious, offensive or detrimental
to the immediate neighborhood.
(6)
The use itself is conducted in such a manner or during such hours
that it is in no way obnoxious, offensive or detrimental to the immediate
neighborhood.
(7)
There are to be no employees other than members of the family residing
in the dwelling unit.
(8)
No article is sold or offered for sale except such as produced by
members of the immediate family residing in the dwelling.
(9)
In the case of an instructor in violin, etc., music teacher or tutor
of standard scholastic subjects, the office or studio shall be so
equipped and used that the sounds therefrom shall not be heard beyond
the boundaries of the premises on which the use is located.
(9A)
No more than one client shall be served by the customary
home occupation at one time on the property.
(10)
There shall be no more than one customary home occupation within
a lot.
(11)
There shall be no outside storage of equipment, supplies and/or commercial
vehicles related to the permitted home occupation.
(12)
The Planning Board shall determine the number of off-street parking
spaces that must be provided, their location on the lot and the screening
which shall be provided. The customary home occupation shall be so
conducted that on-street parking shall not exceed what would be expected
for a residence without such home occupation, and, if it is not so
conducted, the special use permit shall be subject to revocation.
(13)
The proposed customary home occupation and the parking and traffic
incident thereto:
(a)
Will not create or aggravate hazards or dangers to the public or
to persons in the vicinity.
(b)
Will not be incongruous with or detrimental to the prevailing residential
character of the neighborhood.
(c)
Will not impair the use, enjoyment or value of adjacent residential
properties.
(d)
Will not detract from the appearance of the area.
(14)
The Planning Board may permit a customary home occupation in an accessory
structure which has existed for at least five years and, in the opinion
of the Planning Board, meets all conditions of this section. In evaluating
the proposal the Planning Board shall consider whether an accessory
structure's use for a customary home occupation will alter the existing
residential character of the neighborhood.
(15)
The Planning Board must first consider the following before granting
a special use permit hereunder:
(a)
In making any determination whether to approve or deny a special
use permit for a customary home occupation, the Planning Board shall
take into account other factors, such as the proximity of schools
and other home occupations.
(b)
In addition in granting any such permit, the Planning Board may impose
reasonable conditions consistent with preserving the character of
the neighborhood and the public health, safety, morals and general
welfare of the community appropriate to the application. Among the
limitations which may be imposed are
[1]
A limit on the hours of operation and on the number of visitors permitted
per hour.
[3]
A requirement that visitors must have scheduled appointments.
[4]
A limit on the number of vehicles that may be parked in the driveway
or designated parking area of the premises at any one time.
[5]
A requirement that driveways must be expanded, or may not be expanded
to accommodate visitor parking.
[6]
Restrictions on public advertising inviting patients, clients, customers
or students to visit the premises if the premises is identified by
specific address.
[7]
The scope of the use for which the residence is to be used and/or
any other restrictions which may be reasonable, in light of the potential
adverse impacts of operation of the customary home occupation to the
neighborhood.
[8]
Other conditions as appropriate to the application.
(16)
Any such special permit granted under this section shall be limited
to a period of one year and may be renewed for additional periods
as determined by the Planning Board.
(17)
Any permit granted by the Planning Board shall apply only to the
use described in such permit, and it shall expire upon the termination
or modification of such use, the sale of the property, or any increase
in the future size of the dwelling unit or accessory structure.
(18)
In considering any special use permit for a customary home occupation,
the Planning Board shall consider whether the site has been subject
to a current violation of any provision of the Zoning Code, or is
a nonconforming structure in any respect, and may deny the permit
based on that information.
C.
Inspection.
(1)
All residents engaging in existing home occupations, as well as those
receiving special permits pursuant to this section, shall be subject
to the right of inspection of their premises by the Building Inspector
or Code Enforcement Officer upon 30 days' written notice.
(2)
The failure to permit an annual inspection by the Building Inspector
or Code Enforcement Officer shall constitute a violation of the provisions
of this section and result in the immediate revocation of the lawfully
permitted home occupation.
(3)
All presently existing customary home occupations must come into compliance with this section within 10 years of the effective date. For all other purposes, until the expiration of the ten-year period, said customary home occupations shall be deemed nonconforming accessory uses and shall be subject to compliance with the regulations of § 125-11 of this chapter.
D.
Penalties for offenses. Any owner who fails to secure a special permit
for the operation of a customary home occupation, as provided in this
chapter, or who otherwise violates the provisions of this chapter
shall be guilty of an offense punishable by a fine of up to $250 or
imprisonment not to exceed 15 days, or both, upon conviction of a
first offense; and for the second and each subsequent conviction,
by a fine of not less than $500 nor more than $1,000 or imprisonment
not to exceed 15 days, or both. Each week's continued violation shall
constitute a separate additional violation.
The operation of three or fewer coin- or electrically
operated amusement devices is permitted as an accessory use to any
lawful use permitted in the NB, CB, RB, LI or PB-R District. The operation
of more than three coin- or electrically operated amusement devices
in conjunction with any use or as a separate use is prohibited in
all districts.
[Added 12-20-1983]
The Town finds that due to the proximity of
the Westchester County Airport, the landing of craft in the Town is
not required to serve the transportation needs of Town residents.
Therefore, no landings or takeoffs of any aircraft and no airfields
are permitted in any district.
[Added 10-18-1994 by L.L. No. 3-1994]
A.
Purposes. The purpose of the DH District shall be
to provide increased housing opportunities in the Town of Bedford
for an economically diverse population who, because of reasons of
cost, are presently excluded from purchasing residences in the Town
of Bedford. It is the intent of the Town to provide the lowest cost
housing possible in this district. The Town Board, with the cooperation
of the Blue Mountain Housing Corporation and all Town, county, state
and federal agencies, will work to use all possible means to provide
housing for those with moderate means.
[Added 9-17-1985; amended 10-18-1994 by L.L. No. 3-1994]
A.
Purposes. The purpose of the EL District is to provide
increased housing opportunities for the elderly population of the
Town of Bedford. Because many of the elderly live on limited incomes,
it is the intent of the Town to provide the lowest cost housing possible
in this district. The Town Board, with the cooperation of the Blue
Mountain Housing Corporation and all Town, county, state and federal
agencies, will work to use all possible means to provide housing for
those elderly with limited financial means.
[Added 1-28-1986]
A.
Findings. The Town of Bedford finds that:
(1)
The groundwater underlying the Town is a major
source of its existing and future water supply, including drinking
water.
(2)
The groundwater aquifers are integrally connected
with and flow into the surface waters, lakes and streams, which constitute
a major source of drinking water for New York City or for parts of
the State of Connecticut.
(3)
Accidental spills and discharges of toxic and
hazardous materials have threatened the quality of such groundwater
supplies and related water resources in the Town, posing potential
public health and safety hazards.
(4)
Unless preventive measures are adopted to control
the discharge and storage of toxic and hazardous materials within
the Town, further spills and discharges of such materials will predictably
occur and with greater frequency and degree of hazard by reason of
increasing construction, commercial and industrial development, population
and vehicular traffic in the Town.
(5)
The foregoing conclusions are confirmed by findings
set forth in the Water Quality Management Plan of Westchester County,
prepared pursuant to Section 208 of the Federal Clean Water Act, and
by Town-commissioned studies.
(6)
There is also a growing concern for control
of nitrate-nitrogen in the aquifer within tolerable amounts.
B.
Purpose. The purpose of this section is to protect
the public health, safety and welfare through the preservation of
the Town's major groundwater resources to ensure a future supply of
safe and healthful drinking water for the Town of Bedford, local residents
and employees and the general public. The designation of Aquifer Protection
Zones and careful regulation of development activities within these
zones can reduce the potential for groundwater contamination. The
purpose of this section is to protect areas having a high potential
for use as a water supply and thereby to maintain the existing quality
and improve the future quality of the groundwaters of the Town of
Bedford.
C.
Aquifer Protection Zone: location; applicability.
(1)
These regulations shall apply to all land and
uses encompassed within the Aquifer Protection Zone as designated
on a map entitled "Town of Bedford, New York Aquifer Map," dated December
5, 1985, which map is hereby made a part of these regulations.[1]
[1]
Editor's Note: The New York Aquifer Map is
on file in the office of the Town Clerk.
D.
Use regulations for Aquifer Protection Zones.
(1)
Permitted principal and accessory uses. All uses which are permitted under the existing zoning regulations are permitted in the Aquifer Protection Zone unless otherwise identified in Subsection D(2), (3) and (4) below, including the following:
(a)
On-site sewage disposal systems, provided that
no such system shall discharge more than 300 gallons of wastewater
per acre per day, as determined by the following schedule:
|
Use
|
Wastewater Equivalent*
(gallons per day)
|
|---|---|
|
Single-family dwelling
|
300
|
|
Efficiency apartments and hotel/motel units
|
100 per unit, plus food service
|
|
Efficiency apartments and hotel/motel units
over 400 square feet in area
|
150, plus food service
|
|
1-bedroom apartments/condominiums
|
150
|
|
2-bedroom apartments/condominiums
|
225
|
|
3-bedroom apartments/condominiums
|
300
|
|
1-bedroom planned retirement apartments/ condominiums
|
100
|
|
Seasonal cottages
|
100 per bedroom
|
|
Tourist camps
|
60 per site
|
|
Trailer parks
|
150 per trailer
|
|
Theaters
|
1.5 per occupant
|
|
Drive-in theaters
|
5 per parking space
|
|
Bowling alleys and racquetball or tennis Courts
|
100 per court or alley
|
|
Day schools
|
5 per occupant, plus food service
|
|
Boarding schools or boarding homes
|
75 per occupant
|
|
Office space
|
12 per occupant
|
|
Industrial storage/warehouses
|
0.04 per square foot of building area
|
|
Spas, beaches or country clubs
|
15 per occupant, plus food service
|
|
Medical arts
|
225 per suite
|
|
Hospitals
|
300 per bed
|
|
Nursing homes
|
150 per bed
|
|
Proprietary homes
|
110 per bed
|
|
Public gathering places
|
15 per occupant
|
|
Eating places
|
30 per occupant
|
|
Bars
|
15 per occupant, plus food service
|
|
Catering halls
|
7.5 per occupant
|
|
Markets and wet stores
|
0.05 per square foot of building floor area
|
|
Delicatessen and food processing
|
0.15 per square foot of building floor area
|
|
Dry stores
|
0.03 per square foot of building floor area
|
|
Take-out eating
|
1.5 per square foot of building floor area
|
|
Churches Bathhouses
|
1.5 per occupant 5 per occupant
|
|
Laundry facilities
|
400 per washing Machine
|
|
Light industrial uses
|
0.03 per square foot of building floor area
|
|
*NOTE: These figures are to be used only for
the purposes of the Aquifer Protection Zone; they are not the standards
of the Westchester County Department of Health.
|
(b)
On-site storage of heating oil in tanks of less
than 1,100 gallons installed below ground, provided that such tanks
are designed and constructed in accordance with the standards of the
New York State Department of Environmental Conservation rules and
regulations for bulk storage (6 NYCRR 614). Replacement tanks must
meet the requirements of this section.
(2)
Special permit uses.
(a)
Within the Aquifer Protection Zone, each use below requires the issuance of a special permit by the Planning Board pursuant to the requirements of §§ 125-57 through 125-65:
[1]
On-site sewage disposal systems that discharge more than 300 gallons of wastewater per acre per day as measured by the criteria of § 125-29.4D(1)(a).
[3]
The handling and storage of road salt and deicing
materials, provided that structural and nonstructural measures are
implemented to prevent leachate contamination. Such measures may include,
but are not limited to, building enclosures, impervious pads and pavements,
self-contained drainage systems, detention basins, filters, separators
or other devices and other management practices.
[4]
Groundwater heat pumps supplying heating and
cooling for other than a one-family detached dwelling unit, provided
that such systems are designed to treat, if necessary, and return
discharged water to the groundwater.
(b)
As stated in § 125-61, the Planning Board may at each such conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements. Such conditions may include, but are not limited to, monitoring wells and the requirement of additional setbacks from sewage disposal systems to downgradient property lines.
(3)
Prohibited uses. The following uses are prohibited
uses within the Aquifer Protection Zone:
(a)
The disposal of hazardous materials or solid
waste.
(b)
The treatment of hazardous materials, but not
including rehabilitation programs authorized by a government agency
for treating existing hazardous materials.
(c)
The storage of hazardous materials, except in
sealed or unopened containers for resale or in containers normal for
household use.
(d)
The creation of hazardous materials.
(e)
Dry-cleaning and dyeing establishments and laundries
that utilize cleaning solvents.
(f)
Printing and photo processing establishments.
(g)
Furniture and finish stripping establishments.
(h)
The storage of hydrocarbon products except for
heating oil and vehicle fuel stored in vehicle tanks.
(i)
Oil, gasoline or hazardous material pipelines.
(j)
Disposal of septic sludge.
(k)
Uses otherwise allowed in the zone which may
discharge hazardous materials into the groundwater.
(l)
Automotive service stations; public garages.
E.
Aquifer impact assessment. All applications for a special permit pursuant to § 125-29.4D(2) shall include an aquifer impact assessment. The purpose of this assessment shall be to demonstrate that no activities will be conducted upon the property that will result in groundwater infiltration into a designated aquifer such that, at a confidence level of 90%, the New York State Drinking Water Standards (10 NYCRR 5) will not be violated at the property line. Said assessment shall be prepared by a qualified hydrogeologist at the expense of the applicant. The cost to the Town of hydrogeologic review of such assessment shall be paid by the applicant. The aquifer impact assessment shall include, insofar as is pertinent to the application:
(1)
Aquifer flow characteristics, including a delineation
of the primary recharge area, distribution of transmissivity and details
of the hydrologic budget, including natural and man-induced sources
of recharge and withdrawal. Existing data from Town studies on the
aquifer areas may be used in the aquifer impact assessment.
(2)
Details of the proposed aquifer usage, including
static conditions of the potentiometric surface, range of withdrawals
anticipated and the potentiometric surface at critical points in that
range. An estimate of the quantity of induced surface flows at each
critical point in the range shall also be detailed.
(3)
Potential impacts resulting from the planned
discharges or withdrawals, including impacts to other users of the
aquifer (wells, surface expressions of groundwater, etc.) in terms
of levels, quantity of water available and induced quality changes.
The impacts resulting from induced infiltration, including quantity
implication to both the groundwater and surface water systems, shall
be addressed.
(4)
Proposed measures to mitigate any adverse impacts,
the system for monitoring quantity, quality or any other aspect deemed
important, including monitoring wells, and a reporting schedule, shall
be specified.
[Added 7-16-1996]
A.
Subject to the regulations of the Department of Social Services under Social Services Law, § 390, and its implementing regulations and § 125-3, child day care is a permitted use.
B.
The provisions of the foregoing section notwithstanding, any building or structure to be erected, constructed, enlarged, altered, structurally altered or moved in connection with any child day-care use shall be subject to the building permit requirements of §§ 125-125A, B, E, F and G, the certificate of compliance requirements of § 125-126 and the certificate of occupancy requirements of § 125-127 hereof.
[Added 2-1-2005 by L.L. No. 1-2005;
amended 8-17-2010 by L.L. No. 3-2010; 2-21-2012 by L.L. No.
1-2012]
A.
Findings; policy. The Town of Bedford finds that:
(1)
The Town faces a shortage of affordable housing due to the high
cost of housing in the Town, which impacts the general welfare of
the municipality.
(2)
The Town has an obligation to assist Westchester County and
New York State in the preservation, rehabilitation, and construction
of affordable housing.
(3)
The social and economic diversity of the Town is dependent upon
a reasonable supply of affordable housing.
(4)
The Town's Comprehensive Plan encourages the creation of affordable
housing within the Town.
(5)
The Town Housing Agency utilizes substantial resources in providing
and assisting in the provision of affordable housing.
(6)
It is the policy of the Town to require applicants to share
in the creation of affordable housing.
(7)
Under certain circumstances and in certain zoning districts
it may be inappropriate to construct AAFFH units on the site of a
proposed development involving multiple single-family residences due
to limitations on the property in question and other factors, and
that it may be preferable and appropriate to allow the payment of
a fee-in-lieu of construction of such AAFFH unit or units into a fund,
hereinafter known as the "Town of Bedford Housing Trust Fund," which
fee-in-lieu of construction would be used for the purchase and development
of AAFFH units at other locations within the Town by the Town Housing
Agency.
[Added 6-18-2019 by L.L.
No. 10-2019]
B.
Purpose. The purpose of this section is to ensure that new residential
development in the Town includes a reasonable supply of fair and affordable
housing. This section sets forth standards for affordable housing
to be provided in conjunction with residential development of land.
C.
Applicability.
D.
Creation of AAFFH units.
(1)
AAFFH units in single-family zoning districts.
[Amended 6-18-2019 by L.L. No. 10-2019]
(a)
Within all residential developments of five or more units, no
less than 10% of the total number of units must be created as AAFFH
units. For this purpose, 0.5 unit shall be rounded to the next highest
whole number. For example, a development of 17 units will require
two AAFFH units. These units must be provided on the site of the proposed
development.
[1]
Notwithstanding any provision set forth in § 125-29.6D(1)(a) to the contrary, an applicant for a single-family residential subdivision located in a residential zoning district with at least a two-acre or more minimum lot requirement and with five or more units may make application to the Planning Board for discharge of such applicant's obligation to construct an AAFFH unit. or units, by the payment of a fee-in-lieu of construction to the "Town of Bedford Housing Trust Fund" to be used only for the purchase and/or development of affordable housing at other suitable locations within the Town.
[2]
The determination of the Planning Board to allow
payment of a fee-in-lieu of construction shall be discretionary with
the Planning Board, depending on all the facts and circumstances applicable
to the particular subdivision application. In determining whether
to approve such application, the Town Planning Board may consider
some, or all, of the factors, referenced in § 125-29.6(2)
below and any other factors the Planning Board determines to be relevant
in making the determination regarding whether the AAFFH unit, or units,
should be constructed on the proposed development site.
[3]
The Planning Board shall request a recommendation
from the Town Housing Agency prior to making any determination with
respect to whether to allow for a fee-in-lieu of construction, which
recommendation shall be provided within 60 days of the date the request
is received.
[4]
In the event that Planning Board approves the application to waive the requirement that the AAFFH unit or units be constructed on the proposed development site, and to instead allow a fee-in-lieu of payment, the amount of the fee-in-lieu of payment shall be determined in accordance with the requirements in § 125-29.6J, below.
(b)
Within all residential developments of less than five units, in addition to the methods specified in § 125-29.6D(1)(a) the Planning Board may require a fee-in-lieu payment in accordance with the requirements of § 125-29.6I, below.
(c)
When a proposed residential subdivision contains 20% or more
AAFFH units, the Planning Board may:
[1]
Waive or reduce certain fees for applicants.
[2]
Consider such other forms of assistance which may
be under the control of the Town.
[3]
Actively assist in obtaining assistance of federal,
state or other agencies in support of affordable housing development.
[4]
Allow the reduction of dimensional requirements
by not more than 25% and an allowance for shared parking so as to
reduce infrastructure costs.
(2)
AAFFH units in multifamily zoning districts.
(a)
At least 20% of the units of any multifamily residential development
in any multifamily residential zoning district shall be established
as AAFFH units. These AAFFH units must be provided on the site of
the proposed development, or at an approved off-site location.
[Amended 6-18-2019 by L.L. No. 10-2019]
E.
Planning Board Review. The Planning Board shall consider the following
provisions in reviewing affordable housing unit applications:
(1)
Siting of AAFFH units. Unless otherwise stated herein, all AAFFH
units constructed under this section shall be situated within the
proposed development or, in the case of multifamily residential development,
at an approved off-site location so as not to be in less desirable
locations than market-rate units in the proposed development and shall,
on average, be no less accessible to public amenities, such as open
space, as the market-rate units.
[Amended 6-18-2019 by L.L. No. 10-2019]
(2)
Minimum design and construction standards for affordable units.
AAFFH housing units within market-rate developments shall be integrated
with the rest of the developments and shall be compatible in design,
appearance, construction and quality of materials with other units.
(3)
Timing of construction or provision of affordable units or lots.
The construction of affordable units shall occur proportionately with
the construction of the market-rate units in the subdivision. No certificates
of compliance may be issued for the last 10% of market-rate units
within a development until the last affordable unit has been issued
a certificate of compliance.
(4)
Minimum floor area. The minimum gross floor area per AAFFH unit
shall be no less than the following:
|
Dwelling Unit
|
Minimum Gross Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
450
| |
|
1-bedroom
|
675
| |
|
2-bedroom
|
750
| |
|
3-bedroom
|
1,000 (including at least 1.5 baths)
| |
|
4-bedroom
|
1,200 (including at least 1.5 baths)
| |
|
For the purpose of this section, paved terraces or balconies
may be counted toward the minimum gross floor area requirement in
an amount not to exceed 1/3 of the square footage of such terraces
or balconies.
| ||
(5)
Affordable housing requirements for special populations. At
the discretion of the Planning Board and upon a showing of good cause,
affordable housing requirements for special populations may be waived
or modified. Said population may include the handicapped, the infirm
or seniors when such housing is independent-living, congregate-care,
nursing-home or such other housing for special populations that the
Town Housing Agency recognizes.
(6)
Unit appearance and integration.
(a)
Within single-family developments, the AAFFH units may be single-family
homes or may be incorporated into one or more two-family homes. In
single-family zoning districts other than two and four acres, each
single-family AAFFH unit may be located on a lot meeting 75% of the
minimum lot area for the single-family homes in the development. In
the two- and four-acre single-family zoning districts, each single-family
or two-family AAFFH unit or units shall be located on a lot of at
not less than one acre. In zoning districts other than two- and four-acre,
each such two-family home shall be located on a lot meeting the minimum
lot area for the single-family homes in the development. All such
units shall be compatible in appearance, siting and exterior design
from the other single-family homes in the development, to the greatest
extent possible. Interior finishes and furnishings may be reduced
in quality and cost to assist in the lowering of the cost of development
of AAFFH units. Notwithstanding the foregoing, this provision shall
not allow a greater density of lots than would otherwise be permitted.
[Amended 6-18-2019 by L.L. No. 10-2019]
(b)
Within multifamily developments, the AAFFH units shall be physically
integrated into the design of the development and shall be distributed
among various sizes (efficiency, one-, two-, three- and four-bedroom
units) in the same proportion as all other units in the development.
AAFFH units shall be compatible with other market-rate units from
the outside or building exteriors. Interior finishes and furnishings
may be reduced in quality and cost to assist in the lowering of the
cost of development of the AAFFH units.
(7)
Conservation zoning. The Planning Board shall consider the provisions
of conservation subdivisions and conservation development, which may
provide for bonus units, of the Town Zoning Law in furtherance of
the Town's goals for providing affordable housing.
(8)
Property restriction. All AAFFH units must be restricted using
a document such as a declaration of restrictive covenants, in recordable
form acceptable to the Town Attorney, which shall ensure that the
AAFFH unit shall permanently remain subject to affordable regulations.
Among other provisions, the covenants shall require that the unit
be the primary residence of the residential household selected to
occupy the dwelling unit. Upon approval, such declaration shall be
recorded against the property containing the AAFFH unit prior to the
issuance of a certificate of occupancy for the dwelling unit.
F.
Expedited project review process.
(1)
Pre-application meeting. The applicant for a development including
AAFFH units shall be entitled to attend at least one pre-application
meeting at which representatives will be in attendance from each Bedford
agency and staff expected to play a role in the review and approval
of the development application and construction. The purpose of the
pre-application meeting will be to expedite the development application
review process through:
(2)
Meeting schedule and timeline. Bedford agencies and staff shall
endeavor to honor the proposed meeting schedule and conceptual timeline
established as an outcome of the pre-application to the greatest extent
possible during the review and approval process, subject to the demonstrated
cooperation of the applicant to adhere to same. Should the approval
process extend beyond one year, an applicant for a development including
AAFFH units shall be entitled to at least one additional meeting per
year with the same departments, agencies, authorities, boards, commissions,
councils or committees to review any and all items discussed at previous
pre-application meetings.
(3)
Calendar/agenda priority. Bedford agencies with review or approval
authority over applications for developments including AAFFH units
shall give priority to such applications by placing applications for
all developments including AAFFH units first on all meeting and work
session calendars and agendas and, when feasible based on the ability
to conduct required reviews and public notice, with the intent of
shortening minimum advance submission deadlines to the extent practicable.
G.
Administration by the Town Housing Agency.
(1)
Responsibility. The Town Housing Agency shall be responsible
for administering the affordable housing requirements of this section
as well as for the promulgation of such rules and regulations as may
be necessary to implement such requirements.
(2)
Maximum cost. At the time of issuance of a building permit,
the Building Inspector shall send a copy of such permit to the Town
Housing Agency, which shall then inform the applicant of the maximum
rental or sales charge which may be established for AAFFH units in
such development and the maximum annual gross family income eligibility
for occupancy of said units.
(3)
Annual eligibility requirements. With respect to rental units,
on or before March 30 of each year thereafter, the Town Housing Agency
shall notify the owner or manager of each affordable unit as to the
rent and income eligibility requirements for such unit based upon
figures derived from the preceding calendar year. With respect to
ownership units, the Town Housing Agency shall provide sales criteria
for the sale of an affordable housing unit at the time of offering
the unit for sale or resale.
(4)
Certification. The owner or manager of each AAFFH rental unit
shall annually certify to the satisfaction of the Town Housing Agency
that the requisite number of affordable units have been assigned to
income-eligible individuals who meet the income guidelines in effect
when said individual(s) took occupancy. Annual certification shall
include unit designations and occupant names and shall be signed by
the developer or his or her designated representative, as appropriate,
and the Chairman of the Town Housing Agency.
(5)
Marketing plan. All such AAFFH units, whether for purchase or
for rent, shall be marketed in accordance with the Westchester County
Fair and Affordable Housing Affirmative Marketing Plan.
(6)
Preferences. No preferences shall be utilized to prioritize
the selection of income-eligible tenants or purchasers for affordable
AAFFH units created under this subsection.
(7)
Maximum rent and sales price. The maximum monthly rent for an
AAFFH unit and the maximum gross sales price for an AAFFH unit shall
be established in accordance with U.S. Department of Housing and Urban
Development guidelines as published in the current edition of the
Westchester County Area Median Income (AMI) Sales and Rent Limits,
available from the County of Westchester.
(8)
Time period of affordability. Units designated as AAFFH units
must remain permanently affordable for rental properties and ownership
units.
(9)
Resale requirements.
(a)
In the case of owner-occupied AAFFH units, the title to said
property shall be restricted so that in the event of any resale by
the home buyer or any successor, the resale price shall not exceed
the then-maximum sales price for said unit, as determined in this
section, or the sum of:
[1]
The net purchase price (i.e., gross sales prices
minus subsidies) paid for the unit by the selling owner, increased
by the percentage increase, if any, in the Consumer Price Index for
Wage Earners and Clerical Workers in the New York-Northern New Jersey
Area, as published by the United States Bureau of Labor Statistics
(the "Index") on any date between the month that was two months earlier
than the date on which the seller acquired the unit and the month
that is two months earlier than the month in which the seller contracts
to sell the unit. If the Bureau stops publishing this index, and fails
to designate a successor index, the municipality will designate a
substitute index; and
[2]
The cost of the major capital improvements made
by the seller of the unit while said seller of the unit owned the
unit, as evidenced by paid receipts, depreciated on a straight-line
basis over a fifteen-year period from the date of completion, and
such approval shall be requested for said major capital improvement
no later than the time the seller of the unit desires to include it
in the resale price.
(b)
Notwithstanding the foregoing, in no event shall the resale
price exceed an amount affordable to a household at 80% of AMI at
the time of the resale.
(10)
Lease renewal requirements.
(a)
Applicants for rental AAFFH units shall, if eligible and if
selected for occupancy, sign leases for a term of no more than two
years. As long as a resident remains eligible and has complied with
the terms of the lease, said resident shall be offered renewal leases
for a term of not more than two years each. Renewal of a lease shall
be subject to the conditions of federal, state or county provisions
that may be imposed by the terms of the original development funding
agreements for the development or the provisions of other applicable
local law.
(b)
If no such provisions are applicable and if a resident's annual
gross income should subsequently exceed the maximum then allowable,
as defined in this chapter, then:
[1]
Option (a): Said resident may complete his or her
current lease term and shall be offered a nonrestricted market-rate
rental unit in the development at the termination of such lease term,
if available. If no such dwelling unit shall be available at said
time, the resident may be allowed to sign a one-year lease for the
AAFFH unit he or she occupies but shall not be offered a renewal of
the lease beyond the expiration of said term; or
[2]
Option (b): Said resident shall pay the greater
of the following.
[a]
The rent amount payable under the provisions of
this section should Option (b) be utilized; or
[b]
Thirty percent of the resident's monthly adjusted
household income, provided that the increased rent may not exceed
the market rent in the development for units with the same number
of bedrooms, or, should Option (b) be utilized, the next open unit
will become an AAFFH unit.
[3]
Option (c): Said resident shall pay the greater
of:
[a]
The rent amount payable under the provisions of
this section; or
[b]
Thirty percent of the resident's monthly adjusted household
income, provided that the increased rent may not exceed the market
rent in the development for units with the same number of bedrooms
for a term of not more than one year.
(11)
Occupancy standards. For the sale or rental of AAFFH units,
the following occupancy schedule shall apply:
|
Number of Bedrooms
|
Number of Persons
|
|---|---|
|
Efficiency
|
Minimum: 1; maximum: 1
|
|
1 bedroom
|
Minimum: 1; maximum: 3
|
|
2 bedrooms
|
Minimum: 2; maximum: 5
|
|
3 bedrooms
|
Minimum: 3; maximum: 7
|
|
4 bedrooms
|
Minimum: 4; maximum: 9
|
(12)
Affirmative marketing. The AAFFH units created under the provisions
of this section shall be sold or rented, and resold and re-rented,
to only qualifying income-eligible households. Such income-eligible
households shall be solicited in accordance with the requirements,
policies and protocols established in the Westchester County Fair
and Affordable Housing Affirmative Marketing Plan, so as to ensure
outreach to racially and ethnically diverse households.
H.
Previously approved affordable housing units. Affordable housing
units approved prior to the adoption of this section shall continue
with the provisions of their original approvals.
I.
In-lieu-of payment fees for developments of fewer than five single-family
units. An applicant for a single-family residential subdivision may,
as specified by the Planning Board, pay a fee-in-lieu of the construction
of an AAFFH unit, on a scaled cost based on the zoning district as
set forth below. Said fee shall be deposited into the "Town of Bedford
Housing Trust Fund," to be used only for the purchase and development
of affordable housing at other locations within the Town.
[Amended 6-18-2019 by L.L. No. 10-2019]
|
Zoning District
|
In-Lieu Fee Per Newly Created Lot
|
|---|---|
|
1/4 acre
|
$4,000
|
|
1/2 acre
|
$4,750
|
|
1 acre
|
$7,000
|
|
2 acres
|
$11,000
|
|
4 acres
|
$14,000
|
J.
In-lieu of payment fees for developments of five or more single-family
dwelling units in two- or four-acre single-family zoning districts.
[Added 6-18-2019 by L.L.
No. 10-2019]
(1)
Planning Board to determine the amount of the fee-in-lieu payment. In the event the Planning Board approves an application pursuant to § 125-29.6D(1)(a)[1], to allow an applicant for a single-family residential subdivision with five or more units in two- or four-acre single-family zoning districts to discharge such applicant's obligation to construct an AAFFH unit, or units, by the payment of a fee-in-lieu of construction, the Planning Board shall make the final determination with respect to the amount of the fee-in-lieu of construction payment to be made to the "Town of Bedford Housing Trust Fund" to be used only for the purchase and development of an AAFFH unit or units at other locations within the Town.
(2)
The Planning Board shall be required to request a recommendation
from the Town Housing Agency prior to making any determination with
respect to whether to allow for a fee-in-lieu of construction, which
recommendation shall be provided within 60 days of the date the request
is received.
(3)
Factors considered in determining the amount of the fee-in-lieu
payment. The Planning Board may consider any of the following factors,
among others, in determining the amount of the fee-in-lieu payment:
(a)
The zoning district within which the proposed development is
located.
(b)
The maximum sales price obtainable for the AAFFH unit or units
as determined by reference to standards mandated by Westchester County.
(c)
The approximate costs to be incurred in connection with the
construction of the AAFFH unit or units under the auspices of the
Town Housing Agency and/or Blue Mountain Housing Development Corporation
in place of the applicant, which costs shall include, but not be limited
to, the costs of acquisition of a building lot or lots and all costs
of design, approval, construction and marketing of the AAFFH unit
or units in accordance with the requirements hereof.
(d)
The approximate costs to the applicant to construct the AAFFH
unit, or units, in accordance with the requirements hereof. Such costs
would be utilized to determine the approximate net financial burden
imposed upon the applicant who is required to construct an AAFFH unit,
or units, on the proposed development site;
(4)
Experts and consultants. In connection with its analysis of
the factors referenced above, among others, the Planning Board, in
determining the amount of the fee-in-lieu payment, shall have the
authority to engage experts and to consult with representatives of
the Town Housing Agency and Blue Mountain Housing Development Corporation.
[Added 7-14-2009 by L.L. No. 5-2009; amended 7-7-2015 by L.L. No. 9-2015]
A.
In the CB and NB Districts, no principal nonresidential uses, except
emergency service providers, medical and veterinary offices and restaurants,
shall operate between the hours of 1:00 a.m. and 6:00 a.m.
B.
In the CB and NB Districts, no single permitted use, except emergency
service providers, shall occupy a space greater than 4,000 square
feet in area on the first floor of any building.
