A.
Permits. A separate building permit and certificate of occupancy shall be obtained for each swimming pool, whether of permanent or temporary construction. A site plan shall be submitted for review by the Planning Board under the provisions of § 450-66. Such site plan shall show, among other things, the location of the pool, its relationship to any residences on abutting properties, and provisions for drainage and for required fencing.
B.
Location. No swimming pool shall be constructed or erected within
25 feet of a side or rear lot line in an R-1 District, or within 10
feet of a side or rear lot line in any other district in which permitted,
nor within a required front yard in any district.
C.
Safety requirements. Every swimming pool shall be enclosed by a fence
or wall at least four feet high, with a gate or other device that
can be securely locked. Such fence or wall may enclose all or part
of the lot on which a pool is located, except the required front yard.
Such fence, to provide security, shall be solid or chain link type.
Swimming pools shall comply with all requirements of the New York
State Uniform Fire Prevention and Building Code.
[Amended 1-22-2013 by L.L. No. 1-2013]
A.
Limited retail and service uses accessory to a church, hospital,
school or similar institution.
(1)
Such uses shall be conducted solely for the convenience of patients,
students, resident staff or other inhabitants of such institution
and shall be clearly subordinate and incidental to the principal use.
(2)
Such use shall be located entirely within the principal building
or an accessory structure and shall have no sign, display or other
external evidence of its existence visible from any lot line.
(3)
Such uses shall be limited to the sale of newspapers, periodicals,
books, tobacco, drugs, cosmetics, flowers, candy, religious articles,
gifts and similar items; the furnishing of personal services such
as by laundries, dry cleaners, barbers, beauty shops and the like;
and the purveying of beverages and meals for consumption on the premises.
All of the above shall be as appropriate to the principal use and
may be sold over the counter or through vending machines.
B.
Limited retail and service uses accessory to industrial operations.
(1)
Such uses shall be conducted solely for the convenience of staff
and employees of an industrial activity in the absence of any existing
retail establishments on or within 200 feet of such site.
(2)
Such uses shall be limited to sale over the counter or through vending
machines of food, beverages, candy, tobacco and similar convenience
items for consumption on the premises; and to banking or check-cashing
service.
A.
Location. No portion of the property used for a gasoline service
station shall lie within 400 feet in a straight line of any lot or
parcel that is used for a public or private school, a public library,
a museum, a civic center, a hospital, a church or other place of worship,
a public park or playground, a fire station or another gasoline service
station.
[Amended 2-15-1994 by L.L. No. 1-1994]
B.
Placement of equipment and storage tanks.
(1)
All lifts, grease racks, mechanical washing apparatus and other equipment
for servicing automobiles shall be located and operated within a building.
(2)
Fuel storage tanks shall be located underground, not less than 25
feet from any street line and not less than 15 feet from any side
or rear lot line.
(3)
Fuel pumps shall be located not less than 15 feet from a street line,
in such a manner that vehicles being serviced do not encroach upon
a public right-of-way.
C.
Sewer connection. No floor or area drains of a gasoline service station
shall be connected to a public sanitary sewer, nor shall surface drainage
contaminated by petroleum products be permitted to drain into any
natural watercourse in the Village.
A.
Location. No portion of the property used for the sale of new or
used automobiles shall lie within 400 feet in a straight line of any
lot or parcel that is used for a public or private school, a public
library, a museum, a civic center, a hospital, a church or other place
of worship, a public park or playground, a fire station or another
establishment for the sale of new or used automobiles.
[Amended 2-15-1994 by L.L. No. 1-1994]
B.
Development.
(1)
Any lot or parcel used for the sale of new or used automobiles shall be paved with asphaltic concrete or other durable dustless surface and shall be provided with a landscaped buffer strip at the side and rear lot lines, as described in § 450-36C, and along the street line, between any access and exit driveways.
(2)
An on-site sales office shall be provided on every lot used for the
sale of new or used cars. Such sales office and any other activities
incidental to the operation of the use shall be housed in fixed structures;
the use of trailers for such purpose is expressly prohibited.
[1]
Editor's Note: Former § 450-49, Restaurants, delicatessens,
food service establishments, taverns, bars and drinking establishments,
added 7-18-1989 by L.L. No. 12-1989, was repealed 8-24-2021 by L.L. No. 3-2021.
[Added 2-15-1994 by L.L. No. 1-1994]
No portion of the property used for a motor vehicle repair shop
shall lie within 400 feet in a straight line of any lot or parcel
that is used for a public or private school, a public library, a museum,
a civic center, a hospital, a church or other place of worship, a
public park or playground, a fire station or another motor vehicle
repair shop.
[Added 2-15-1994 by L.L. No. 1-1994]
Dwelling units may be permitted on the upper (non-first-story)
levels of buildings in accordance with the following conditions:
A.
Mixed-use developments shall only be permitted in buildings which
conform to the New York State Uniform Fire Prevention and Building
Code for the proposed mixed use.
B.
The nonresidential use of a mixed-use building must be a permitted
principal use in the zoning district in which it is located.[1]
C.
The residential and nonresidential uses of the mixed-use building
shall have separate means of access (that is, the entrance/exit for
the residential use shall not be through the nonresidential use of
the building and vice versa), except that the Planning Board may,
at its discretion, approve the use of a common lobby or plaza.
D.
All utility, storage, service and parking areas on the site of the
mixed-use building shall be screened by means of landscaping and/or
fencing to the extent deemed necessary and practical by the Planning
Board to minimize the impact of these areas upon the residential use
of the building.
E.
Mixed-use developments shall not be permitted where the nonresidential
use of the building includes manufacturing or where the nonresidential
use is automotive in nature; provided, however, that the non-mechanized,
non-assembly line, small-batch production and assembly of finished
products or component parts, typically by hand, and including design,
non-noxious or environmentally deleterious processing, fabrication,
assembly, and treatment, and packaging of finished products shall
be permitted as the nonresidential use in mixed-use developments.
[Amended 8-24-2021 by L.L. No. 3-2021]
[Added 2-15-1994 by L.L. No. 1-1994]
No portion of the property used for a car wash shall lie within
400 feet in a straight line of any lot or parcel that is used for
a public or private school, a public library, a museum, a civic center,
a hospital, a church or other place of worship, a public park or playground,
a fire station or another car wash.
A.
Ownership of site. An off-site parking area, as described in § 450-41B(4), shall be located on land in the same ownership or leasehold as that of the land on which is located the use to which it is appurtenant.
B.
Location. An off-site parking area shall be so located that its pedestrian
access shall be within 500 feet from the effective entrance to the
use which it serves.
[Amended 8-24-2021 by L.L. No. 3-2021]
C.
Safety and neighborhood impact. An off-site parking area shall be
conveniently usable without causing hazard to pedestrians or to vehicular
traffic; traffic congestion, such as due to turning movements; detriment
to the appropriate use of other property in the immediate vicinity;
or detriment to any residential neighborhood.
D.
Site plan. A site plan and map indicating the location of a proposed off-site parking area, its relationship to the principal use to which it is appurtenant and to public and quasi-public uses within 300 feet, and provisions for signs, for drainage and for access shall be submitted to the Planning Board as provided in § 450-66.[1]
[1]
Editor's Note: Former Subsection E, regarding parking for
existing uses, buildings, structures, and narrow parcels, which immediately
followed, was repealed 10-4-2022 by L.L. No. 9-2022.
[Amended 1-22-2013 by L.L. No. 1-2013]
The following standards of design and location shall apply to
the means of vehicular ingress and egress pertaining to any lot or
parcel used for commercial purposes:
A.
Width at the property line. Entrance and exit driveways shall be
not less than 15 feet nor more than 25 feet in width, measured along
the street line.
B.
Location with respect to a side lot line. Entrance and exit driveways
shall be located not less than 15 feet from a side lot line, measured
along the street line.
C.
Location with respect to intersecting streets. Entrance and exit
driveways shall be located not less than 25 feet from the corner of
intersection streets, measured along the street lines.
[Added 3-16-1994 by L.L. No. 2-1994]
A.
Purpose.
(1)
In the development and execution of this section, it is recognized
that there are some uses which, because of their very nature, are
recognized as having serious objectionable operational characteristics,
particularly when several of them are concentrated under certain circumstances,
thereby having a deleterious effect upon the use and enjoyment of
adjacent areas. Special regulation of these uses is necessary to ensure
that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. The primary control or
regulation is for the purpose of preventing a concentration of these
uses in any one area.
(2)
The unrestrained proliferation of such businesses is inconsistent
with existing development and future plans for the Village of Sleepy
Hollow in that they often result in influences on the community which
increase the crime rate and undermine the economic, moral and social
welfare of the community. The deleterious effects of these businesses
change the economic, social and moral character of the existing community
and adversely affect existing businesses and community and family
life. As business activity drops off and the quality of life deteriorates,
merchants and families move away from the area, leaving it in a vacant
and depressed state.
(3)
It is further declared that the location of these uses in regard
to areas where our youth may regularly assemble and the general atmosphere
encompassing their operation is of great concern to the Village of
Sleepy Hollow.
(4)
Adult entertainment use businesses exhibit such characteristics.
Special regulation of these uses is necessary to ensure that these
adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhoods or land uses. In order to prevent
the unrestricted proliferation of such businesses and to ensure that
those effects will not adversely affect the health, safety and economic
well-being of the community, the Village Board of Trustees of Sleepy
Hollow finds it in the public interest to enact these standards which
regulate the placement, construction and/or permitting of adult entertainment
use businesses in the Village of Sleepy Hollow.
B.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT USE
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
BUSINESS
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE TECHNICIAN
PEEP SHOWS
PERSON
SCHOOL
SEXUAL ACTIVITIES
Definitions. For the purpose of this section, the following phrases
and words shall have the meanings assigned below, except in those
instances when the context clearly indicates a different meaning:
An establishment, whether retail or wholesale, that has as
a substantial portion of its stock-in-trade books, magazines, recordings,
periodicals, films, videotapes/cassettes or other viewing materials
for sale or viewing on or off the premises which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas. For the
purpose of this definition only, "substantial" shall mean comprising
an area that is 10% or more of the total floor area available to patrons.
A public or private establishment which presents topless
or nude dancers, strippers, male or female impersonators or exotic
dancers or other similar entertainments.
[Amended 1-22-2013 by L.L. No. 1-2013]
Any use constituting an adult bookstore, adult motion-picture
theater, adult entertainment cabaret, adult motel, massage establishment
or peep show as those terms are defined herein.
A motel which is open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a public movie theater, would be open to the public generally but
would exclude any minor by reason of age.
An enclosed or unenclosed building, structure or any portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
Any person, firm, association, partnership, corporation or
other entity, whether for-profit or not-for-profit.
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home, medical clinic or the
office of any health care practitioner duly licensed by the State
of New York, nor barber shops or beauty salons in which massages are
administered only to the scalp, face, neck or shoulder(s). This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facilities for the welfare of the residents of the area.
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the State of New York.
A theater which presents materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas, in the form of live
shows, films or videotapes, viewed from an individual enclosure, for
which a fee is charged.
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
Any facility, public or private, which offers classes or
provides other educational services for minors.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or breasts.
C.
No business or person shall construct, establish or be issued a certificate
of occupancy for any adult entertainment use business within the Village
of Sleepy Hollow unless such use meets the following standards:
(1)
No more than one adult entertainment use as defined above shall be
located on any individual lot.
(2)
No adult entertainment use shall be established or permitted in any
building of which any part is used for residential purposes, or vice
versa, including nonconforming residential uses.
(3)
No adult entertainment use shall be closer than 500 feet to any lot
line of any other lot on which there is another adult entertainment
use.
(4)
No adult entertainment use shall be established on a lot, or a portion
thereof, that is closer than 500 feet to any residential district
or nonresidential district which permits a residential use.
(5)
No adult entertainment use shall be established closer than 200 feet
to the lot line of any church, community center, funeral home, school,
day-care center, hospital, alcoholism center or drug treatment center,
counseling or psychiatric treatment facility or public park.
(6)
No adult entertainment use shall be established unless the provisions of this chapter related to parking requirements and the provisions of Chapter 338, Signs, related to signage, and all other applicable regulations of the Village of Sleepy Hollow have been met. Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation, etc., of the Village of Sleepy Hollow, the most restrictive law, rule or regulation, etc., shall apply.[1]
[1]
Editor's Note: Original Subsection (7), Nonconformity, which
immediately followed this subsection, was repealed 1-22-2013 by L.L.
No. 1-2013.
[Added 11-2-1998 by L.L. No. 13-1998]
A.
Purpose and goals.
(1)
Purpose.
The purpose of this section is to establish general guidelines for
the siting of wireless communications towers and antennas and satellite
dishes.
(2)
Goals.
(a)
The goals of this section are:
[1]
To establish clear standards for the siting of wireless communications
facilities, buildings and structures, equipment, communications towers,
antenna towers and monopoles.
[2]
To promote the health, safety and general welfare of the residents
of Sleepy Hollow through the establishment of minimum standards to
reduce the adverse visual effect of communications facilities, including,
but not limited to, transmission towers and antennas, through the
use of advanced technology, careful design, siting and screening and
buffering.
[3]
To protect residential areas and land uses and property values
from potential adverse impacts of towers and antennas.
[4]
To encourage users of towers and antennas to locate them, to
the extent possible, in areas where the adverse impact on the community
is minimal.
[5]
To require users of communications towers and antennas to configure
them in a way that minimizes adverse visual, aesthetic and community
character intrusion impacts caused by the installation and view of
communications towers and antennas, through careful design, siting,
landscape screening and buffering, sufficient setbacks to reduce visual
impacts to adjacent property and innovative camouflaging techniques
such as alternative tower structures, thereby protecting the physical
appearance of the community and preserving its scenic and natural
beauty.
[6]
To enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
[7]
To minimize the total number of communications facilities and
communications towers throughout the community.
[8]
To encourage the joint use of new and existing communications
tower sites as a primary option rather than construction of additional
single-use communications towers, while recognizing that collocation
on higher towers is not always preferable to two less visible, less
obtrusive shorter towers; thereby maximizing the use of existing communications
towers or alternative antenna host sites; however not unreasonably
limiting competition among communications providers nor unreasonably
limiting reception of receive-only antennas.
[9]
To assure the integrity and financial soundness of any communications
facility firm seeking to build a wireless communications facility
in the Village of Sleepy Hollow.
[10]
To avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(b)
In furtherance of these goals, the Village of Sleepy Hollow shall
give due consideration to the Village's Master Plan, Zoning Map, existing
land uses and environmentally sensitive areas in approving sites for
the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
ANTENNA TOWER
BACKHAUL NETWORK
COLLOCATION
COMMUNICATIONS FACILITY
COMMUNICATIONS TOWER
FAA
FCC
HEIGHT
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa for television,
radio, data, imagery, telephone or other forms of telecommunications,
including receiving and transmitting antennas and satellite dish antennas.
A tower supported by guy wires or a freestanding lattice-type
antenna support structure.
The lines that connect a provider's tower/cell sites to one
or more cellular telephone switching offices and/or long-distance
providers or the public switched telephone network.
The siting and/or mounting of multiple communications facilities
used by the same provider, or by two or more competing providers,
on the same property and/or antenna support structure or communications
tower.
Any site containing a communications tower, associated buildings,
structures and equipment; and/or receiving and/or transmitting antenna,
and monopoles, but excluding a satellite dish antenna less than one
meter in maximum diameter in a residential district or less than two
meters in maximum diameter in a nonresidential district that does
not produce or contribute to the production of emission levels exceeding
the emission standards adopted from time to time by the Federal Communications
Commission, based on the maximum equipment output.
A structure, including antenna towers and monopoles, on which
an antenna, or other communications device and equipment, is or has
been located for television, radio, data, imagery, telephone or other
forms of telecommunications. All communications towers shall be considered
a building for the purposes of this chapter.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antennas.
C.
Applicability.
(1)
New installations.
(a)
Satellite dish antennas more than 18 inches in maximum diameter but not more than 48 inches in maximum diameter and antennas more than 12 feet in height but not more than 18 feet in height in a residential district, which do not exceed the maximum permissible exposure limits as recommended by the FCC, from time to time, shall be subject to the locational siting requirements set forth in Subsection E.
(b)
Satellite dish antennas more than 60 inches in maximum diameter
and antennas, antenna towers, communications towers, monopoles, associated
buildings, structures and equipment more than 25 feet in height in
the H, C-1 and C-2 Districts shall be subject to the requirements
set forth in this section.
(c)
Satellite dish antennas greater than 48 inches in maximum diameter
and antennas greater than 18 feet in height shall not be permitted
in a residential district.
(2)
"Preexisting towers and preexisting antennas" means any tower or
antenna for which a building permit or special use permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed, so
long as such approval is current and not expired.
D.
Regulatory compliance.
(1)
Enabling authority. The Planning Board of the Village of Sleepy Hollow
is hereby authorized to review and approve, approve with modifications,
or disapprove special use permits and site plans under this chapter
consistent with Village Law § 7-725-a and § 7-725-b.
[Added 1-25-2005 by L.L. No. 1-2005]
(2)
No communications facility shall be located, constructed or maintained
on any lot, structure or land area, except in conformity with this
chapter.
(3)
All communications facilities, equipment and devices shall be securely
mounted to withstand the wind loads for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(4)
All communications facilities shall be constructed and maintained
in conformance with all building, electrical, fire prevention and
other applicable codes adopted by the Village.
(5)
All communications facilities shall be in conformity with any other
construction or performance standards, including approved fastening
devices and techniques that ensure proper mounting, approved materials
and methods for electrical connections, adequate structural support,
etc.
[Amended 1-22-2013 by L.L. No. 1-2013]
(6)
All communications facilities shall be in conformance with the rules
and regulations of any governmental entity having jurisdiction over
such communications facilities and uses, antenna and/or supporting
structures and towers, including, without limitation, the FCC and
the FAA.
(7)
All communications facilities shall be operated and maintained by
an FCC licensee only.
(8)
All communications facilities shall be shown to be necessary to provide
coverage to an area of the Village which currently is proven to include
inadequate coverage and that any related communications tower or antenna
is proposed at the minimum height and aesthetic intrusion possible
to provide that necessary coverage. The applicant seeking to locate
a communications facility in the Village of Sleepy Hollow shall demonstrate
the need for new or additional antennas or communications towers.
(9)
All communications facilities, if proposed for placement on a lot
that abuts a residential district, shall prove that adequate coverage
cannot be achieved by siting the facility on a lot which does not
abut a residential district.
(10)
All communications facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate communications
towers and antennas. If such standards and regulations are revised
or amended, then the owners of the communications facility governed
by this chapter shall have 30 days to bring such communications facility
into compliance with such revised or amended standards and regulations.
Failure to bring the communications facility into compliance with
such revised or amended standards and regulations in the time frame
specified shall constitute grounds for the removal of the tower or
antenna at the owner's expense.
E.
Communications facility siting.
(1)
No installation shall be permitted in, or to project into, any required
landscape buffer area required by this chapter.
(2)
The siting of a communications facility on property owned by the
Village of Sleepy Hollow shall be encouraged.
(3)
The collocation and sharing of existing or proposed communications
facilities and communications towers for mounting of antennas or related
equipment is encouraged and shall be preferred to the construction
of new communications facilities and communications towers. When an
applicant proposes collocation of proposed antennas and communications
facilities on an existing communications tower, building or structure,
the applicant must demonstrate and certify that the existing communications
tower, building or structure will be properly adapted to the placement
of additional antennas. The applicant shall identify the capacity
of the communications tower, building or structure to accommodate
additional antennas and shall address necessary screening and buffering,
landscaping and additional safety measures necessitated by collocation.
Any communications facility which is not collocated shall present
and certify evidence as to why collocation is not possible, including
evidence such as the following:
(a)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Building Inspector an inventory of its
existing towers and antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of the Village of Sleepy Hollow
or within one mile of the border thereof, including specific information
about the location, height and design of each tower. The Building
Inspector may share such information with other applicants applying
for administrative approvals or special use permits under this section
or other organizations seeking to locate antennas within the jurisdiction
of the Village of Sleepy Hollow; provided, however, that the Building
Inspector is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
(b)
Evidence that no feasible host sites or existing communications
facilities, communications towers and buildings or structures are
located within the geographic area which meet the applicant's engineering
system and service requirements.
(c)
Evidence that existing communications facilities, communications
towers and buildings or structures are not of sufficient height to
meet the applicant's engineering system and service requirements.
(d)
Evidence that existing communications facilities, communications
towers and buildings or structures do not have sufficient structural
strength to support the applicant's proposed communications facility
equipment or antenna.
(e)
Evidence that there is an inability to use existing sites in
a technologically feasible manner consistent with the applicant's
engineering system and service requirements.
(f)
Evidence that the applicant's proposed antenna would cause electromagnetic
interference with any antenna on the existing communications towers,
buildings or structures, or the antenna on the existing communications
towers or structures would cause interference with the applicant's
antenna.
(g)
Evidence that the fees, costs or contractual provisions required
by the owner in order to share an existing communications tower, building
or structure or to adapt existing communications towers, buildings
or structures for purposes of collocation and sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(h)
Evidence that the applicant has demonstrated that there are
other limiting factors that render existing communications towers,
buildings or structures unsuitable.
(i)
Evidence that the applicant has demonstrated that alternative
technology or communications facilities which do not require the use
of towers are unsuitable. Costs of such alternative technology or
communications facilities which exceed new tower or antenna development
shall not be presumed to render the alternative technology or communications
facilities unsuitable.
(4)
All antennas shall be mounted in the rear yard or on the roof of
a principal building, unless reception is proven to be inhibited or
where visibility would be increased, and shall comply with the following,
in descending order:
(a)
Unless wall-mounted on an existing roof-mounted mechanical enclosure
or similar appurtenance, any antenna mounted on a roof shall be located
to the rear of the roof center line so that visibility of the installation
is limited to the greatest extent practicable when viewed from the
front yard, but in no case shall the height of the antenna exceed
the height of the roof at the point of installation by more than seven
feet in a residential district or 15 feet in a nonresidential district.
An antenna which is wall-mounted on a roof-mounted mechanical enclosure
or similar appurtenance shall not exceed the height of the appurtenance
at the point of installation.
(b)
An antenna located in the rear yard shall be mounted on a secure
supporting structure and shall not exceed 18 feet in total height
in a residential district and 25 feet in height in a nonresidential
district, unless the support structure abuts the principal structure,
in which case the total height shall not exceed the height of the
roof at the point of installation by more than seven feet in a residential
district and 15 feet in a nonresidential district.
(c)
If roof installation or rear yard installation is proven to
inhibit reception, wall mounting shall be permitted in the side yards
at least 15 feet from the front yard, provided that the height of
the antenna shall not exceed the height of the roofline at the point
of installation by more than seven feet in a residential district
or 15 feet in a nonresidential district. Wall mounting in the front
yard, and in the side yard within 15 of the front yard, shall be permitted,
provided that the height of the antenna does not exceed the height
of the roof or parapet. A wall-mounted antenna shall be at least 20
feet above ground level and shall not project more than two feet into
the front yard.
(d)
If the above provisions are proven to inhibit reception and/or transmission, a monopole or antenna tower may be considered, subject to the design requirements set forth in Subsection F. No new communications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.
F.
Design requirements for all communications towers, antenna towers
or monopoles.
(1)
Height and service coverage. Any proposal for a communications tower,
antenna tower or monopole shall prove that the height is the minimum
necessary for adequate reception and transmission to meet the applicant's
service coverage needs and does not exceed 80 feet.
(2)
Alternatives. No fewer than three alternatives for providing effective service coverage shall be presented. Proposals that incorporate use of existing towers, structures or existing utility lines shall be considered a collocated facility, as set forth in Subsection E(3). Any proposal which minimizes visual impacts shall be considered a preferred alternative. An applicant shall have the responsibility to prove that an alternative which reduces impacts is not feasible.
(3)
Provision for additional antennas. The approving agency may require
that a communications tower, antenna tower or monopole be designed
structurally, electrically and in all respects to accommodate both
the applicant's antenna and comparable antennas for at least two additional
users or service providers. All such communications towers must be
designed to allow for future rearrangement of the antennas located
upon the tower and to accept antennas mounted at varying heights.
(4)
Setbacks. All communications towers, antenna towers or monopoles
shall be located within the setbacks and separated from all boundary
lines of the lot on which they are located as required by the Schedule
of Regulations.[1] The separation area shall be landscaped to provide effective
all-season screening and buffering which reduces visual, aesthetic
and community character intrusion impacts on adjacent properties,
the surrounding neighborhood and on distant viewsheds and scenic areas.
Alternative tower structures shall be utilized where possible and
shall be preferred to typical tower installations.
[1]
Editor's Note: The Schedule of Regulations is located at the
end of this chapter.
(5)
Security and safety fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anti-climbing device; provided, however, that
the Planning Board may waive such requirements, as it deems appropriate.
In any event, security and safety fencing shall be located around
all communications towers, equipment and related facilities to restrict
unauthorized access. Access to all structures shall be through a locked
gate or principal building. Fencing shall be designed to minimize
visual and aesthetic impacts and shall be equipped with appropriate
anti-climbing devices. Failure to maintain said security and safety
fencing in an appropriate manner shall be grounds for immediate revocation
of all permits and certificates of use by the Building Inspector.
In addition:
(a)
All communications towers, antenna towers, monopoles and other
supporting structures shall be made inaccessible to nonauthorized
persons, particularly children, and shall be constructed or shielded
in such a manner that they cannot be climbed.
(b)
All transmitter controls that could cause the transmitter to
deviate from its authorized operating parameters shall be designed
and installed in such a manner that they are readily accessible only
to persons authorized by the licensee to operate or service.
(c)
All transmitters used with in-building radiation systems shall
be designed in such a manner that, in the event that an unauthorized
person does gain access, that person cannot cause the transmitter
to deviate from its authorized operating parameters in such a way
as to cause interference to other stations.
(d)
All transmitters (other than hand-carried or pack-carried mobile
transmitters) and control points shall be equipped with a visual means
of indicating when the control circuitry has been put in a condition
that should cause the transmitter to radiate.
(e)
All transmitters shall be designed in such a manner that they
can be turned off independently of any remote-control circuits.
(6)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that the Planning Board may waive such requirements if the
goals of this section would be better served thereby.
[Amended 1-22-2013 by L.L. No. 1-2013]
(a)
All communications facilities shall be located and designed
to have the least possible adverse visual and aesthetic effect on
the environment. The installation shall be landscaped with a buffer
of plant materials that effectively screens the view of the installation
from property used for residences. The area surrounding the installation,
other than the area necessary to maintain a clear line of sight to
the signal source, shall be landscaped and maintained with trees,
shrubs and ground cover to maximize screening and visual buffering.
An existing natural vegetative buffer which meets or exceeds the above
requirements may be substituted or enhanced for said requirements.
The standard buffer shall consist of a landscaped strip at least four
feet wide outside the perimeter of the compound.
(b)
The outside of security fencing shall be screened with evergreen
shrubs, trees or climbing evergreen material on the fencing.
(c)
The base of any communications tower and any accessory structure
shall be effectively screened using primarily vegetative screening,
including a continuous evergreen screen planted in a natural setting
and consisting of native plant species. Existing vegetation shall
be preserved to the maximum extent practicable. Additional plantings
shall be required, as necessary, to screen and buffer all structures
from nearby properties or important viewsheds or scenic areas.
(d)
All landscaping shall be properly maintained to ensure continued
screening and buffering.
(7)
Coloring and marking.
(a)
Unless otherwise required by the FAA or FCC, all communications
facilities, including antenna and communications towers, shall be
colored, camouflaged and/or shielded to blend with surrounding areas,
provided that such coloring, camouflage or shielding does not inhibit
their effectiveness. They shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA or FCC,
be painted a neutral color or any other color recommended by the Architectural
Review Board so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(8)
Signals and lights. No communications tower, antenna tower or monopole
shall include any signals, lights or illumination unless required
by the FAA or other applicable authority. The applicant shall provide
evidence mandating any requirement for lighting. If lighting is required,
said lighting shall be shown to cause the least disturbance to surrounding
properties and views. Any lighting necessary for accessory structures
or buildings shall be minimized and shall be properly shielded to
prevent light emission and glare onto adjacent properties.
(9)
Signage. No signs, including advertising signs, shall be permitted
on any antenna communications tower, antenna tower or monopole or
antenna support structure, except as follows:
(a)
Signs specifically required by a federal, state or local agency.
(b)
Each site shall include a sign containing the name of the owner
and operator of any antenna present, including an emergency phone
number. In addition, any door having access to a roof-mounted antenna
and all entrances to the fence enclosure shall be similarly signed.
G.
Operational certification.
(1)
Within 45 days of initial operation or modification of a communications facility, communications tower, antenna tower or monopole, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer, with the qualifications set forth in Subsection M(8), that the operating facility is in compliance with the application submitted, any conditions imposed and all other provisions of this chapter, in order to continue operations past the forty-five-day period.
(2)
The Village may confirm and periodically reconfirm compliance as
necessary to ensure that the provisions of this chapter, including
nonionizing electromagnetic radiation (NIER) level thresholds, are
in compliance.
(3)
If any approved communications facility is found not to be in compliance,
said communications facility shall immediately cease operation.
(4)
A yearly inspection report on emissions and structural soundness
shall be submitted in writing to the Building Inspector. Failure to
submit such report shall be grounds for the Building Inspector to
cause the operations of the facility to cease.
H.
Interference.
(1)
No permit shall be issued for any transmitting antenna which interferes
with the reception or transmission of any preexisting FCC-approved
communications device or antenna which complies with current FCC standards
and requirements.
(2)
If interference results from the operation of any newly approved
transmitting antenna, the owner or operator of that most recently
installed antenna shall immediately eliminate the interference or
cease operation of the facility.
(3)
Failure to correct or eliminate the interference shall be subject
to the immediate revocation of any and all special permits, as issued
by the Village of Sleepy Hollow.
I.
State and federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
J.
Alterations. Alteration of an existing facility, shall be subject
to the same procedure, rules and regulations applicable to an original
application. Alterations shall include replacing or changing of an
antenna(s) or related equipment; increasing the electromagnetic emission
of an antenna(s), or change in site conditions or facility location.
[Amended 1-25-2005 by L.L. No. 1-2005]
K.
Registration.
(1)
The Village of Sleepy Hollow Building Department shall maintain a
list of the names and addresses of all operators and the type and
maximum emissions of all communications facilities and all other antennas
granted a special permit or variance.
(2)
If the name or address of the owner or operator of any communications
facility or communications tower is changed, the Building Department
shall be notified of the change, in writing, by the operator within
30 days of said change.
L.
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Alliance, as amended from time to time.
If, upon inspection, the Building Inspector concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then, upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
M.
Application requirements.
(1)
A full environmental assessment form (EAF), including a visual EAF
addendum, shall be provided. Following review of the EAF and visual
EAF addendum, a visual impact analysis study may be required by the
approving agency to further assess the potential visual and aesthetic
impacts incurred by implementation of the proposed action. The methodology
and scope of study for any visual analysis shall be approved by the
approving agency and shall address potential impacts on nearby viewsheds,
ridgelines, scenic features, historic sites and structures and community
compatibility issues with nearby land uses.
(2)
A service coverage map and report shall be provided. The service
coverage map shall show and describe all existing and proposed areas
of service coverage relating to the proposed communications facility.
The service coverage map shall locate all existing sites in the Village
and in bordering communities which contain communications towers or
related facilities. A detailed report shall accompany the service
coverage map and shall indicate why the proposed communications tower,
equipment and facility are necessary. The report shall identify locations
within the proposed project site service coverage area which are not,
and could not be, served by either existing facilities, by collocation
or by other development alternatives such as development of facilities
on Village-owned properties or utilization of alternative technology
or an alternative tower structure.
(3)
A long-range communications facilities plan shall be provided, evidencing
that the proposed location of the communications facility and supporting
buildings and equipment has been planned to result in the fewest number
of communications transmission tower locations within the Village
of Sleepy Hollow. The plan shall indicate how the applicant intends
to provide service throughout the Village and how the applicant plans
to coordinate with all other providers of wireless communications
services in the Village of Sleepy Hollow. The plan shall address the
applicant's planned and possible location of additional tower sites,
additional antennas, related service area coverage and alternative
long-range plan scenarios that illustrate the potential effects of
multiple towers and tower height, community intrusion impacts and
visual and aesthetic impacts.
(4)
Documentation, sufficient to demonstrate that the proposed communications
tower height and bulk is the minimum height and bulk necessary to
provide licensed communications services to locations within the Village
of Sleepy Hollow which the applicant is not able to serve with existing
facilities in the project site area, shall be provided, including
evidence that visual, aesthetic and community character intrusion
impacts have been minimized to the greatest extent practicable. Documentation
regarding height and bulk should address any variations in height
and bulk necessary to accommodate collocation of additional antennas
and related equipment and facilities.
(5)
In addition to all other applicable site plan requirements specified
in this chapter, all applications shall include the following:
(a)
A scaled site plan, including elevations and construction details,
showing existing and proposed communications facilities, buildings
and structures.
(b)
Height, width, depth, location and configuration of communications
towers and any supporting guy wires or other supporting or anchoring
devices.
(c)
Material types, colors and light.
(d)
Number and type of antennas, including receiving and/or transmitting
equipment.
(e)
Legal description of the subject property or lot and that of
any leased parcel.
(f)
Information about collocated or future communications facilities,
equipment, buildings and structures or other related facilities, including
the relationship of the height of the communications tower to the
feasibility of collocation of additional communications facilities.
(6)
A written description of the existing setting and how the elements
of the proposed communications facility, communications tower and
antenna are blended into that setting; the design of buildings and
related structures shall use materials, colors, textures, screening
and landscaping which blend them into the existing natural setting
and surrounding buildings and structures.
(7)
A structural engineering safety and compliance report and certification,
prepared by a New York State licensed professional engineer specializing
in structural engineering, shall be provided. The report shall certify
the structural integrity of the proposed communications tower, antenna
and related equipment and facilities. The report shall demonstrate
the compliance of all structures with all applicable standards and
requirements and shall describe the capacity of that structure, including
wind load and the number and type of antennas it can accommodate.
Illustrations shall be utilized as necessary. In the case of antennas
being mounted on an existing tower or structure, the equivalent of
the above-required information shall be provided about the existing
tower or structure.
(8)
An emissions safety and compliance report and certification, prepared
by a New York State licensed professional engineer specializing in
electrical engineering with expertise in radio and cellular telecommunications
regulations, technology and facilities, shall be provided. The report
shall certify the safety of all emissions of the proposed facility
and shall include documentation to address the following:
(a)
Evidence of an FCC license/permit to grantee/applicant, including
information regarding all related permitting standards and specifications.
(b)
A copy of the Village of Sleepy Hollow application form.
(c)
The location of the nearest residential structures adjacent
to the property line.
(d)
The location of the nearest occupied structures adjacent to
each property line.
(e)
The location, size, height, construction and operating specifications
of all proposed and existing communications uses and facilities, including:
[1]
The quantity, type (make, model and manufacturer) and design
of any antenna proposed and the basis for the calculations of capacity.
[2]
The frequency, modulation and class of service of all communications
equipment.
[3]
Transmission and maximum effective radiated power of any antenna.
[4]
Direction of maximum lobes and associated radiation of any antenna.
[5]
A description of the proposed antenna and all related fixtures,
structures, appurtenances and apparatus, including height above grade,
materials, color and light.
[6]
A map depicting and listing all existing sites in the Village
and bordering communities containing transmitting antennas used by
the operator, owner or applicant.
[7]
Elevation drawings depicting the front, side and rear of the
property, illustrating any proposed antenna, mounting device and supporting
or related structure and building, if any, on which said antenna is
to be mounted or sited.
(f)
Certification that the NIER levels are within threshold levels
adopted by the FCC or any subsequent superseding emission standard
adopted by the FCC, based on the maximum equipment output.
(g)
Certification that any antenna will not cause interference with
existing communications devices.
(h)
An industry-approved propagation model using applicable contour
biases.
(9)
The location and configuration of all existing and proposed site
access driveways, including construction details indicating the length,
width, grading, drainage and driveway profile and proposed surface
material, shall be described and mapped. Any fence or gate related
to the site access driveway shall be shown, including provision for
police, fire or emergency vehicle access to the site and facilities.
(10)
A detailed landscape plan shall be provided showing existing
and proposed vegetation, including areas to remain undisturbed; specimen
trees; height of the surrounding tree line; vegetation to be removed;
walls and fences; the location, quantity, type (scientific and common
name), installation size and root conditions of proposed plantings;
and installation details of all proposed plantings. The landscape
plan shall illustrate how proposed plantings, fences and walls will
provide required screening and buffering.
(11)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
N.
General requirements. The following provisions shall govern the issuance
of special use permits for towers or antennas by the Planning Board:
(1)
In granting a special use permit, the Planning Board may impose conditions
to the extent that the Planning Board concludes such conditions are
necessary to minimize any adverse effect of the proposed tower on
adjoining properties.
(2)
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer.
(3)
Expiration of special permit. Unless otherwise specified in the resolution
of the Planning Board, all special permits issued under this section
shall expire five years after they are issued. A special permit issued
under this section shall be deemed to authorize only the particular
use or uses specified in the permit and shall expire upon termination
of the use. Upon expiration of the special permit, the applicant shall
be required to file a new application for a special permit and shall
be subject to the same procedure, rules and regulations applicable
in an original application.
[Amended 1-25-2005 by L.L. No. 1-2005[2]]
[2]
Editor's Note: This local law also repealed former Subsection
N(4), Architectural Review Board, which immediately followed this
subsection.
O.
Bond required. As a condition of granting any special permit for
the construction of a tower or monopole under this chapter, the Planning
Board shall require the applicant to post a bond, in the amount determined
by the Planning Board, based on engineering estimates, to cover the
cost of removing and disposing of the tower or monopole. The bond
shall be maintained for so long as the tower or monopole remains in
place. From time to time the Planning Board may adjust the amount
of the bond and require the submission of a new or modified bond,
based on engineering estimates of the cost of removing and disposing
of the tower or monopole.
P.
Fees. The applicant for a special use permit under this section shall pay to the Village a fee with the filing of the application as set forth in the fee schedule included at the end of Chapter 200, Fees.
[Amended 1-22-2013 by L.L. No. 1-2013]
Q.
Escrow account. The applicant shall provide funds to an escrow account,
in an amount as established for site plan review, to allow the Village
to retain such technical experts as may be necessary to review the
proposal, including, but not limited to, the review of financial and
technical aspects of the proposal and of the financial and technical
practicability of alternatives that may be available to the applicant.
[Amended 1-22-2013 by L.L. No. 1-2013]
R.
Removal.
(1)
Any antenna, communications facility, communications tower, antenna
tower or monopole, including any supporting structure and related
appurtenances, or part thereof, that is not used for a period of six
months in any twelve-month period shall be removed by, and at the
expense of, the owner of the property or the operator of said facility.
(2)
An extension of an additional six months may be granted by the Building
Inspector upon submittal of a written request for said extension,
including proof as determined reasonable by the Building Inspector
that the owner is actively engaged in marketing the property for sale
or rent.
S.
Exemptions. The following devices and sources of nonionizing electromagnetic
radiation are exempt from the above provisions and shall be permitted
in all residential and nonresidential zones:
(1)
Machines and equipment designed and marketed as consumer products,
such as walkie-talkies, remote-control toys and cellular telephones.
(2)
Hand-held, mobile, marine and portable radio communications transmitters
and/or receivers.
[Amended 1-22-2013 by L.L. No. 1-2013]
(3)
Two-way radios utilized for temporary or emergency service communications.
(4)
Two-way radios utilized for governmental service communications.
(5)
Maintenance or repair of a conforming or legal nonconforming antenna,
provided that such action is in compliance with this chapter.
(6)
Backup wireless transmitters connected to an alarm monitoring service
that transmits to a remote monitoring center in the event of an emergency
when the telephone lines are inoperable.
(7)
Towers and antennas for amateur radio services, state and Village
of Sleepy Hollow Police and Highway Department, and Village emergency
services, fire and ambulance, which are constructed, installed and
in service at the time of the adoption of these regulations. Any modification
to said installations shall be subject to the provisions set forth
herein.
T.
Preexisting installations.
(1)
The current operator of any communications facility or communications tower, antenna tower or monopole, existing at the time that these regulations take effect, shall be permitted to remain in operation, provided that the operator submits proof within six months of the enactment of these regulations that a valid building permit was issued for the facility and that said facility complies with current emission standards as recommended by the FCC, as certified by a professional engineer with the qualifications set forth in Subsection M(8). Any facility for which emission and security compliance documentation is not received shall cease operation within six months of the enactment of these regulations and shall be immediately removed thereafter.
U.
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities or private utilities.
V.
Franchises.
(1)
Owners and/or operators of towers or antennas shall certify that
all franchises required by law for the construction and/or operation
of a wireless communications system in the Village of Sleepy Hollow
have been obtained and shall file a copy of all required franchises
with the Building Inspector.
(2)
Applicants for towers and monopoles are required to disclose whose
wires will connect their antennas together or to provide any other
information required by the Planning Board to evaluate whether the
entity owning the wires needs a separate telephone franchise.
W.
Public notice. In addition to the notice required pursuant to Village
Law § 7-725-b, the applicant shall give notice to all property
owners within 400 feet of the proposed wireless communications facility.
Should a multiple dwelling unit containing renters be within 400 feet
of the proposed installation, notice of the public hearing shall be
given to the owner of the multiple dwelling and shall be posted in
a conspicuous place in the multiple dwelling building and the applicant
shall provide an affidavit to the Planning Board prior to the public
hearing verifying that the applicant has complied with the notice
provisions set forth herein.
[Amended 1-25-2005 by L.L. No. 1-2005]
X.
Effect on inconsistent state law. Pursuant to New York Municipal
Home Rule Law § 22, the provisions of this section are intended
to supersede any inconsistent provision of New York Village Law.
Y.
Effect on other provisions of Village Code. The provisions of this
section are intended to supersede any inconsistent provision of the
Village Code of the Village of Sleepy Hollow.
[Added 7-17-2001 by L.L. No. 11-2001]
A.
Purpose and intent. It is the purpose and intent of this section
to permit the development of residential communities which serve a
diverse senior population having a wide range of abilities and needs.
A continuing-care retirement community (CCRC) provides a continuum
of care for residents through a variety of living environments and
support services for older persons primarily 65 years or older, which
may include independent housing for which residential support services
are available, enriched housing units for which different levels of
associated personal care and daily living support are provided, and
resident-care facilities, including nursing-care facilities. Common
dining, social and recreational facilities may also be made available.
B.
CONTINUING-CARE RETIREMENT COMMUNITY (CCRC)
ENRICHED HOUSING UNIT (EHU)
INDEPENDENT LIVING UNIT (ILU)
SKILLED NURSING BED (SNB)
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
A facility designed and established to provide a comprehensive
continuum of care for older persons and oriented to the enhancement
of the quality of life. A continuing-care retirement community shall
provide a variety of living arrangements suited especially to the
needs of older persons, including independent-living units, enriched
housing units, skilled nursing beds, and common dining, social and
recreational facilities. A continuing-care retirement community shall
provide a range of resident care and social services and may include
nursing care facilities. Dwelling units in a continuing-care retirement
community may be provided in any combination of one-family dwellings,
attached dwellings, and multiple dwellings. Accessory uses may be
provided in any combination of principal buildings or accessory buildings
or structures.
A dwelling unit in a CCRC established and operated for the
purpose of providing long-term residential care for persons primarily
65 years of age or older. It may include limited kitchen facilities
and is designed, intended and operated for older persons needing assistance
in daily care, including housekeeping, personal-care services, and
supervision. Limited part-time ambulatory health-care services and
common dining, social and recreational facilities may be made available.
A dwelling unit in a CCRC containing a kitchen or kitchenette
and bathrooms, which is designed and intended for occupancy by older
persons and for which housekeeping service and common dining, social
and recreational facilities may be made available.
A bed in a CCRC facility which provides regular nursing care
services, both temporary and long-term.
C.
Special permit uses. A continuing-care retirement community (CCRC)
is hereby established as a special permit use within the H (Hospital)
Zoning District as set forth in the attached Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
D.
Accessory uses. The following are permitted accessory uses within
a CCRC:
(1)
Illuminated identification and directional signs.
(2)
Off-street parking, including structured parking.
(3)
Medical offices, limited to use by residents of the CCRC.
[Amended 1-22-2013 by L.L. No. 1-2013]
(4)
Pool, physical therapy and exercise rooms.
(6)
Common kitchen and dining facilities.
(7)
Common recreational facilities for the use of residents and visitors.
(8)
Common library, educational and social facilities for the use of
residents and visitors.
(9)
Common laundry facilities.
(10)
Other customary accessory uses incidental to the principal use.
E.
Permitted density. The maximum permitted density of a continuing-care
retirement community shall be one EHU, ILU or SNB per 9,160 square
feet of lot area, in any combination.
F.
Off-street parking and loading.
(1)
Off-street parking may be provided in any combination of parking
structures or on-grade areas, and the minimum number of required off-street
parking spaces shall be as follows:
G.
Special permit approval. The Village Board may authorize the issuance
of a special permit for a CCRC project, after a public hearing, provided
that it shall find that the following conditions and standards have
been met:
(1)
The CCRC use shall be of such character, intensity, size and location
that it will be in harmony with the orderly development of the neighborhood
in which the property is situated and will not be detrimental to the
orderly development of adjacent districts.
(2)
Traffic involved in or conducted in connection with the CCRC, the
size of the site in relation to it, and the location of the site with
respect to the type, arrangement and capacity of streets giving access
to it are such that it will be in harmony with the appropriate and
orderly development of the neighborhood in which it is located.
(3)
The location, nature and height of building, walls and fences, and
the nature and extent of the landscaping and screening on the site,
as existing or proposed, are such that the use will not hinder or
discourage the appropriate development and use of adjacent land and
buildings.
(4)
Operations in connection with a CCRC use will not be more objectionable
to nearby properties by reason of noise, fumes, vibrations, lighting
or flashing of lights than would be the operations of any permitted
use not requiring a special permit.
(5)
Parking areas will be of adequate size for the CCRC use, properly
located and suitably screened from any adjoining residential uses,
and the entrance and exit drives shall be laid out so as to achieve
maximum safety.
(6)
The CCRC use shall be so located on the lot involved that it shall
not impair the use and enjoyment of adjacent residential properties.
[Added 11-23-2004 by L.L. No. 12-2004]
A.
Purpose and intent. Pursuant to the public purpose of providing specialized
affordable housing facilities for senior citizens to meet the special
housing, health care, social and recreational needs of this segment
of the population, the Mayor and Board of Trustees establishes a special
permit use, senior housing (affordable) (SH), that permits the development
of multifamily senior housing as specified herein.
B.
The SH special permit use is allowed in the R-5 Multiple Residence,
Moderate Density (R-5), R-6 Multiple Residence, High Density (R-6)
and C-2 Central Commercial (C-2) Districts, subject to the following
standards and requirements.
[Amended 1-22-2013 by L.L. No. 1-2013]
C.
AFFORDABLE SENIOR CITIZEN FACILITY
SENIOR DAY-CARE FACILITY
SENIOR INDEPENDENT-LIVING FACILITY
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
A residential dwelling unit made available for sale or rent such that the shelter portion of the housing cost is below the market price of such units as determined in accordance with Subsection P below.
[Amended 1-22-2013 by L.L. No. 1-2013]
A facility with limited operating hours where specialized
care-giving and supervision are provided for three or more adults
who may have difficulties with one or more essential activities of
daily living, such as feeding or mobility, away from their own homes
for fewer than 24 hours per day.
A building, portion of a building or group of buildings containing
dwelling units with full kitchens specially designed for use and occupancy
by the elderly which may have common amenities but no common dining
and whose occupancy is restricted to persons 62 years of age or older
or couples where one member is 62 years of age or older.
D.
Special permit uses. An affordable senior housing community consisting
of a building or buildings erected, altered or used for senior independent
living shall be permitted as a special permit use within the R-5,
R-6 and C-2 Districts as set forth in the Schedule of Regulations.[1]
[Amended 1-22-2013 by L.L. No. 1-2013]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
E.
Accessory uses. Senior housing floating districts may contain or
provide uses necessary to and customarily incidental to such facilities
where such uses are limited to use by residents, their guests and
employees as follows:
F.
Height.
(1)
No principal building shall exceed four stories or 50 feet in height.
The height shall be calculated as the vertical distance measured at
each point along the base of the building from the finished grade
at that point to the highest point of a flat roof directly above or
to the midpoint of a pitched roof directly above. Any proposal that
exceeds the above-referenced height must apply to the Mayor and Board
of Trustees for a special permit. The Mayor and Board of Trustees
will take into account the compatibility of the proposed increase
in building height with the surrounding residential neighborhood.
(2)
No accessory building shall exceed one story or 12 feet in height.
G.
Plot area; frontage; density of population.
(1)
Every project under this section shall occupy a plot of not less
than 0.4 acre. There shall be a minimum of 100 feet of frontage. The
maximum allowable density for the SH use shall be calculated based
on the following density:
|
Type of Facility
|
Maximum Units/Acre
| |
|---|---|---|
|
Senior independent living
|
100
|
H.
Building area. In the case of SH developments, the maximum coverage
of land by principal and accessory buildings shall not exceed 80%
of the lot area.
I.
Floor area.
(1)
Buildings containing the following senior citizen facilities shall
have the following minimum and maximum gross habitable floor areas
per unit:
[Amended 1-22-2013 by L.L. No. 1-2013]
|
Type of Facility
|
Minimum Floor Area/Unit
(square feet)
|
Maximum Floor Area/Unit
(square feet)
| |
|---|---|---|---|
|
Senior independent living
|
600
|
1,600
|
(2)
For senior independent facilities, a minimum of 40% of the dwelling
units shall be one-bedroom units. No dwelling unit shall contain more
than two bedrooms.
(3)
No basement apartments shall be permitted in any senior citizen facility,
other than one such apartment for the use of a superintendent, custodian
or other person in charge of the maintenance of such dwelling.
J.
Required yards and perimeter buffer areas.
(2)
There shall be a minimum perimeter buffer of 10 feet around all SH
communities, suitably landscaped and permanently maintained with planting
of trees and shrubs in accordance with specifications of an approved
site plan.
(3)
The Board of Trustees may, in its discretion, modify these yard and
perimeter buffer area requirements when issuing a special permit for
an affordable senior housing project or expansion of an existing affordable
senior housing project. The Board of Trustees will consider whether
modified yard and buffer area requirements will adversely affect adjoining
properties and the surrounding neighborhood.
[Added 8-22-2006 by L.L. No. 2-2006]
L.
Open space and amenity space. A minimum of 25 square feet per dwelling
unit of indoor common amenity space other than dining space shall
be provided. A minimum of 50 square feet of common outdoor active
and passive recreation and open space shall be provided per dwelling
unit.
M.
Design features.
(1)
All senior citizen facilities shall be designed to meet the special
needs of senior citizens and at a minimum shall contain the following:
(a)
A call button monitoring or equivalent system within each dwelling
unit for emergency calls to on- or off-site emergency personnel.
(b)
Exterior access, at a minimum of two locations, without steps.
(c)
Grab bars in all tub and shower stalls.
(d)
Corridor length and design to facilitate wayfinding.
(e)
Elevators required for access to all units above the first story,
suitably designed to accommodate the needs of emergency service personnel.
(f)
Nonskid floors.
(g)
Handle-type spigots and doorknobs.
(h)
In all rooms, doors of sufficient width to accommodate wheelchairs.
(i)
Separation of vehicular circulation drive from pedestrian walks.
(j)
Changes in grade on walk systems to be accomplished by ramps.
(k)
Passenger drop-off for occupants and visitors near entrance
and elevator halls of buildings.
(2)
All design features shall be subject to and in conformity with all
applicable regulations related to the Americans with Disabilities
Act.
N.
Parking requirements.
(1)
Off-street parking for senior residence communities shall be calculated
based upon the total of the parking requirements of the individual
components which comprise the SH where such requirements are set forth,
with the exception that a reduction of up to 10% in the requirement
may be applied for and granted by the Mayor and Board of Trustees
based on a demonstration that a sharing of personnel between facilities
would effectively reduce the required parking.
O.
Age restrictions.
(1)
Occupancy of dwelling units within an SH development shall be restricted
to persons 62 years of age or older, or couples, one of whose members
is 62 years of age or older. Persons less than 18 years of age shall
not be permanent residents under any circumstances, subject to all
applicable laws and regulations. The foregoing restrictions shall
not apply to one on-site caretaker/administrator, if so proposed as
part of the SH application, whose full-time job shall be the maintenance
and/or management of the SH development.
(2)
Restrictions relating to age and occupancy shall be set forth in
a covenant, acceptable as to form by the Village Attorney of the Village
of Sleepy Hollow. Said covenant shall be recorded in the County Clerk's
office and shall run with the land and shall bind all owners of the
property.
P.
Affordable units.
(1)
For owner-occupied units, the affordable units shall be sold at a
price not to exceed 3.3 times 80% of the median household income for
Westchester County, as established annually by the United States Department
of Housing and Urban Development. A covenant shall be recorded in
the County Clerk's office, which shall provide that resale of any
affordable housing units may not sell for a price exceeding 3.3 times
80% of the median household income for Westchester County, as established
annually by the United States Department of Housing and Urban Development.
(2)
For rental units, the maximum monthly rent for the affordable units
shall not exceed 30% times 80% of the median household income for
Westchester County, as established annually by the United States Department
of Housing and Urban Development, divided by 12 months. Said amount
shall include utilities and common charges, if any.
Q.
Selection of occupants of affordable housing units. The Village of
Sleepy Hollow shall develop procedures to guide in the solicitation
of applications and the selection of potential occupants for the affordable
units, with preference given to residents of the Village of Sleepy
Hollow as permissible by law and the New York State Division of Housing
and Community Renewal. The maximum household income for affordable
units shall be 80% of the median household income for Westchester
County families as established annually by the United States Department
of Housing and Urban Development.
R.
Location of affordable units in market-rate developments. Affordable
units, when provided as part of a market-rate development, shall be
physically integrated and interspersed into the design of the development
in a manner satisfactory to the Village Board, avoiding designated
affordable units being located adjacent to one another. The affordable
units shall be distributed among various proposed bedroom-sized units
in the same proportion as the overall development.
S.
Common property. The ownership, maintenance and preservation of common
property shall be permanently assured to the satisfaction of the Village
Attorney by the filing of appropriate easements, covenants and restrictions,
as necessary. For ownership projects, the formation and incorporation
of a homeowner or condominium association shall be required to maintain
common property. Such association shall be empowered to levy assessments
against property owners to defray the cost of maintenance and to acquire
liens, where necessary, against property owners for unpaid charges
or assessments in accordance with the laws of the State of New York.
In the event that the homeowner or condominium association fails to
perform the necessary maintenance operations, the Village of Sleepy
Hollow shall be authorized, but not obligated, to enter on such premises
for the purpose of performing such operations and to assess the cost
of so doing among all affected property owners.
T.
Procedures.
(1)
Application for a special permit for senior housing shall be made
to the Mayor and Board of Trustees. The special permit application
shall be in a form sufficient to enable the Village of Sleepy Hollow
to evaluate the applicant's proposal and its consistency with the
intent, purposes and general design standards expressed herein. The
petition for a special permit shall also be accompanied by the following:
(a)
A written description of the proposed development.
(b)
A concept plan including all the items listed below:
[1]
The disposition of various land uses and the areas covered by
each, in acres.
[2]
A sketch of the interior road system with all existing and proposed
rights-of-way and easements, whether public or private.
[3]
Delineation of the various residential areas, indicating the
number of dwelling units, square footage and bedrooms by each housing
type and square footage for accessory uses. The plans shall show the
density, in dwelling units per acre, for the entire development. Sample
floor plans shall be provided for each unit type.
[4]
The open space system and proposed recreation facilities, and
a statement as to how said system is to be preserved as such throughout
the life of the development and how it is to be owned and maintained.
[5]
An illustrative site plan, indicating the relationship between
the proposed road system, parking lots, buildings, open spaces and
other physical features.
[6]
Schematic water, sanitary sewer and stormwater management systems
and how they are proposed to be connected to the system in adjoining
areas, or be built on the site.
[7]
Physical characteristics of the site, including topography,
areas of slope in excess of 15%, soils, rock outcrops, streams, wetlands,
lakes, ponds and floodplains and all proposed alterations of said
physical characteristics.
[8]
Estimates of peak-hour traffic generation derived from recognized
traffic engineering source material or actual field counts, and its
relation to surrounding development, including surrounding roads and
intersections, including methods developed for mitigating any demonstrated
adverse traffic impacts.
[9]
Analysis of market demand for the proposed senior development,
based upon demographic factors and existing housing supply. Such analysis
shall include a review and conclusion concerning the anticipated number
of occupants or purchasers of the specific proposed development who
shall be existing residents of the Village of Sleepy Hollow. Such
analysis shall be based upon a specific evaluation of individual market
demand.
[10]
Comparison of the proposed development under SH
to the likely development yield under existing zoning in terms of
traffic, taxes and aesthetic issues.
[11]
If the development is to be staged, a clear indication
of how the staging is to proceed. The plan shall show each stage of
development, with the approximate time required for anticipated commencement
and completion.
(2)
The Village Board may retain professional consultants deemed necessary
in order to review any proposed SH concept plans, with funding for
said consultants provided by the prospective applicant for the SH
development through the establishment of an escrow account. The amount
of said escrow shall be determined by the Village Board in consultation
with the applicant.
(3)
Concurrent site plan and/or subdivision review. An applicant may
submit a detailed site plan and/or subdivision concurrently with the
special permit petition, subject to site plan and/or subdivision review
procedures for the Village of Sleepy Hollow, including Planning Board
review and approval of said plans and related documentation. Approval
of a site plan and/or subdivision may not, however, occur until the
issuance of the special permit.
(4)
Village Board action on the application for a special permit.
(a)
The Village Board shall refer the petition for special permit
and all accompanying maps, plans and reports to the Village Planning
Board, the County Planning Department and other boards and agencies
in accordance with applicable laws and regulations. Said boards, agencies
and departments shall be provided a period of 30 days to report back
to the Village Board prior to a decision being made on the application.
(b)
Following the required public hearing(s) (which shall be held
on notice which shall be furnished and accomplished by the applicant,
at the sole cost and expense of the applicant, by mailing at least
seven days in advance to all property owners of properties located
within 250 feet of any boundary of the property under consideration)
and project review under the State Environmental Quality Review Act
(SEQRA), the Village Board may approve or disapprove the special permit
petition in accordance with the provisions of applicable law.
(5)
Special permit approval. The Village Board may authorize the issuance
of a special permit for an SH project, after a public hearing and
provided that it shall have met the following conditions and standards:
(a)
The SH use shall be of such character, intensity, size and location
that in general it will be in harmony with the orderly development
of the neighborhood in which it is situated and will not be detrimental
to the orderly development of adjacent districts.
(b)
The likely marketability of the proposed units in relation to
previously approved SH developments throughout the Village and the
potential saturation of SH units in any given neighborhood.
(c)
The suitability of the site for the senior population in terms
of vehicular access, walkability for pedestrians and overall traffic
concerns.
(d)
The compatibility of the SH site within its environment, including
surrounding land uses and landscaped buffers, and in the case of redevelopment
sites or conversions, with the contextual development of surrounding
buildings and uses.
(6)
The Mayor and Board of Trustees, at their discretion, may attach
any reasonable conditions on an approval of an SH development as necessary
to assure conformance with the intent and purposes of the Village's
Local Waterfront Revitalization Plan and the SH regulations, as specified
herein. The conditions of approval shall specify all relevant procedures
for unit sale or rental, reoccupancy, income verification and related
costs.
[Added 1-22-2013 by L.L.
No. 1-2013]
A.
Sale of
fireworks prohibited. No person, partnership or corporation shall
sell, give away or expose for sale, within the corporate limits of
the Village of Sleepy Hollow, New York, any fireworks, firearms, cannon,
gun, pistol or other pyrotechnics of any nature or description whatsoever
or other device used for the discharge of fireworks, firearms or other
forms of pyrotechnics.
B.
Exception and permit for firework display. No fireworks, firearms or other form of pyrotechnics shall at any time be discharged within the corporate limits of the Village of Sleepy Hollow, except that a public display of fireworks may be permitted under proper and sufficient supervision, by written permit from the Board of Trustees. Permit fees shall be in a sum to be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of Chapter 200, Fees.
C.
Aerial
bombs prohibited. No aerial bombs or bombs of any description shall
be discharged within the corporate limits of the Village of Sleepy
Hollow, New York, even though a permit has been issued for the discharge
of a public display of fireworks, and any person who so discharges
any such bombs shall be guilty of a violation of this chapter and
subject to the penalties hereunder.
