[Amended 2-2-1988 by L.L. No. 1-1988; 7-18-1989 by L.L. No. 10-1989; 7-7-1992 by L.L. No. 4-1992; 8-16-1994 by L.L. No. 11-1994; 6-18-1996 by L.L. No. 3-1996; 7-17-2001 by L.L. No. 11-2001; 9-21-2004 by L.L. No. 9-2004]
[Amended 1-22-2013 by L.L. No. 1-2013]
The changing scale of development for residential and commercial purposes and the creation of unique problems of traffic, circulation and other areas of public health, safety and welfare require the Village of Sleepy Hollow to exercise greater control over such development. To that end, it is found desirable to require that proposals for certain development be reviewed and approved by the Village of Sleepy Hollow Planning Board.
A. 
Approval required. No building permit shall be issued, no structure or use shall be established, no use shall be changed to another use, and on lots located in nonresidential districts, no existing grades shall be altered without prior conformity with the site plan approval procedures set forth in this article.
[Amended 1-22-2013 by L.L. No. 1-2013]
B. 
A site plan shall be submitted for review and approval by the Planning Board in each of the following instances:
(1) 
The construction of all new buildings, homes, and detached garages built next to an existing dwelling, exceeding 250 square feet of space. For purposes of this section, an addition costing more than 50% of current fair market value of the building (excluding land) or adding more than 50% in floor area shall be deemed to be construction of a new building.
[Amended 1-22-2013 by L.L. No. 1-2013; 2-3-2015 by L.L. No. 1-2015]
(2) 
Any change of use from residential to nonresidential.
(3) 
All proposed subdivisions of land, with the exception of lot line adjustments three feet or less.
[Amended 1-22-2013 by L.L. No. 1-2013]
(4) 
Any change which would result in a change of the contour of the lot greater than 10% or result in a change in the slope grade of the lot greater than 10%.
C. 
The Planning Board, upon the submittal of a complete application as determined by the Department of Architecture, Land Use Development, Buildings and Building Compliance (hereinafter the "Department"), shall have the authority to review and render a decision regarding site plan and subdivision applications in the interest of the general welfare and to minimize any potential adverse impact to the community and the neighborhood. Prior to the approval of a site plan or subdivision application, the Planning Board must, when required, refer the site plan to the Waterfront Advisory Committee for a consistency finding regarding the Village of Sleepy Hollow Local Waterfront Revitalization Program, and the Architectural Review Board for preliminary comments as per Chapter 9, Architectural Review Board, § 9-10.
[Amended 1-22-2013 by L.L. No. 1-2013]
D. 
In all cases where any amendment of an approved site plan (the "plan") is proposed, the applicant shall secure the approval of the amendment by the Planning Board. No building permit may be issued for any building within the development plan or amendment of any such plan until an approved and duly executed site plan has been secured by the applicant and presented to the Department. No certificate of occupancy may be issued for or use of land within the purview of this section unless the building is constructed or used, or the land is developed or used, in conformity with an approved site plan and/or an amendment of any such plan. Prior to review and approval by the Planning Board, the Department shall certify on each site plan whether or not the plan meets the requirement of the local law other than those enumerated in this section of this article regarding site plan approval.
[Amended 1-22-2013 by L.L. No. 1-2013]
E. 
The continued validity of a certificate of occupancy shall be subject to continued conformance with an approved site plan and conditions of approval.
F. 
A site plan shall comprise a general development plan for the entire project, showing use or uses, dimensions and location of proposed and existing structures and of areas to be reserved for vehicular and pedestrian circulation, parking, areas reserved for park or recreational use, landscaping and other spaces, together with such architectural sketches and drawings as may be necessary to demonstrate the nature and character of the proposed uses, the physical relationship of such uses and such other information as may be required for the Planning Board to make its determinations. The site plan shall be prepared by a licensed professional engineer, surveyor, or registered architect as per the New York State Education Law.
G. 
General submission requirements.
(1) 
A submitted plan shall comprise a general development plan for the entire project, showing all of the below items, together with such architectural sketches and drawings as may be necessary to demonstrate the nature and character of the proposed and existing uses, the physical relationship of such uses and such other information as may be required for the Planning Board to make its determination. All maps, grading plans, surveys and site plans, building plans and elevations shall be submitted drawn to scale (no smaller than one inch equals 20 feet unless otherwise requested by the Department), and shall be signed and sealed by an architect, engineer, or surveyor who is duly licensed by New York State. Elevations and floor plans are to be drawn at a clearly legible and standard architectural scale.
[Amended 1-22-2013 by L.L. No. 1-2013]
(2) 
For placement on the Planning Board agenda, all applicants shall submit to the Department, at the Village Hall of the Village of Sleepy Hollow, during normal business hours, no less than 14 days prior to a meeting of the Planning Board at which the applicant proposes to appear before the Board, a complete application.
(a) 
A complete application shall include, at a minimum, the following:
[1] 
A cover sheet setting forth the name, address, phone number, e-mail address of the project's applicant, owner, location, project name, and designated planning, engineering, architectural, surveying, environmental, historic, and/or any other consultants by name and address, and legal counsel, if any, by name and address. A checklist constituting a table of contents of all documents shall be attached to the cover sheet. A written narrative statement describing the existing and proposed project, including the type, hours and manner of the use of the building or land, traffic and parking conditions in the area, and other salient features shall also be attached to the cover sheet.
[2] 
The environmental assessment form (EAF) as required by the State Environmental Quality Review Act (SEQRA).
[3] 
A coastal assessment form.
[4] 
The name, address, and endorsement of the owner of record, or written permission from the owner(s) of record to apply. Such permission shall include an acceptance by the owner of record of responsibility for all filing and review and other fees required in connection with the submission.
[5] 
The names of all owners of record within 200 feet of each corner of the property line.
[6] 
A property boundary survey.
[7] 
An area map showing all streets and property within 1,000 feet of the applicant's property, at a scale of one inch equals 400 feet. All property owned by the applicant shall be clearly identified.
[8] 
The location of all existing structures and other man-made features of the site, as well as those on adjacent properties, including existing utility lines (water, sewer, gas, and electric). The proposed structure(s) and/or man-made feature(s) shall reflect adequate provision for water, sewage and other utilities, parking, curb cuts, and other applicable provisions as determined by local, state, or federal regulations and a determination by the Village's consulting engineer. The location and design of the proposed project's water supply, sewage disposal, and stormwater drainage systems, including the locations, sizes, invert and rim elevations, to the existing water supply, sewage disposal, and stormwater drainage systems shall also be included. All proposals shall include projections for estimating and accommodating storm runoff volumes at least that of the one-hundred-year flood. Where determined to be necessary by the Planning Board during its review of a submitted application, a proposal shall project Hudson River estuary high, low, and mean tide levels based on levels at three feet (or one meter) higher than the present recorded levels.
[9] 
The location of the nearest fire hydrants and the widths of streets and avenues encompassing the site. All proposals shall reflect adequate access for emergency access for fire protection and emergency medical services, reflecting the advice of the Department of Architecture, Land Use Development, Buildings and Building Compliance, and shall include flow and pressure requirements for the fire sprinkler system and backflow preventer.
[Amended 1-22-2013 by L.L. No. 1-2013]
[10] 
An existing and proposed topography map of the subdivision and/or site plan, extending at least 20 feet beyond the site boundaries with contour intervals not greater than two feet and referenced to USGS or another approved benchmark and scale.
[11] 
The nature and location of all other existing site features, including wetlands, watercourses, wooded areas, and rock outcrops.
[12] 
Proposed use or uses.
[13] 
Tree survey.
[14] 
Dimensions and location of proposed structures, signs, lighting, curbing, walls, roadways, erosion control and detail sheets.
[15] 
Dimensions and location of areas to be reserved for vehicular and pedestrian circulation, parking and areas reserved to park.
[16] 
Dimensions and location of areas to be reserved for recreational use, landscaping, and other open spaces. All landscape plans, including tree conservation measures and proposed new plantings, shall show the quantity and placement of each plant on site, including a planting schedule indicating the plant species with both English and Latin names, plant dimensions at the time of planting, full growth height/width ranges, and projected maturation time for each plant.
[17] 
All proposals shall set forth any historic structure or land uses and/or natural configurations of the parcel(s) and identify any historic or prehistoric objects, sites, or features on, under or about the site, where applicable.
[18] 
The name, address, and professional seal of the licensed professional engineer, surveyor, or registered architect (as per the New York State Education Law) preparing the application.
[19] 
All applicable fees and deposits, and a completed fee agreement form.
[20] 
A completed application form.
[21] 
A stormwater pollution prevention plan consistent with the requirements of Chapter 358, Stormwater Management and Erosion and Sediment Control, and Article XVII, Stormwater Control, of this chapter. The SWPPP shall meet the performance and design criteria and standards in Article XVII, Stormwater Control, of this chapter. The approved site plan shall be consistent with the provisions of this article.
[Added 1-25-2005 by L.L. No. 2-2005]
(b) 
Applications shall also specify whether any further recommendations and/or approvals are required from the Village Board of Trustees, Architectural Review Board, Tree Commission, Waterfront Advisory Committee, Historic Resource Evaluation Committee, or the Zoning Board of Appeals for a related variance. Upon receiving any necessary permits from such other Village boards or committees, the applicant shall submit copies of such approvals or permits to the Planning Board, together with any necessary application to amend any prior approvals of the Planning Board in order to conform to the findings of the other boards.
(c) 
An applicant may petition the Planning Board to waive certain of the above requirements if it is determined by the Board that the requirement is not applicable to the review of the applicant's site plan.
(d) 
An applicant shall provide 11 complete packages (one original and 10 copies) of all materials submitted for consideration by the Planning Board. Each package shall be submitted to the Department not less than 14 days before the Planning Board meeting at which the matter could be considered. Receipt of the above information does not, however, guarantee placement on the Planning Board agenda, since the materials must be reviewed and accepted for completeness by Village staff and its applicable consultants.
[Amended 1-22-2013 by L.L. No. 1-2013]
(3) 
An applicant shall also provide evidence that it has given notice of its application to the public schools of the Tarrytowns, to the public schools of Pocantico Hills (if the project lies within the school district), to the Village of Tarrytown, Village of Briarcliff Manor, Town of Mount Pleasant and Town of Greenburgh, and the County of Westchester, and the New York State Department of Environmental Conservation, the New York State Department of Transportation, and the New York State Department of Parks, Recreation and Historic Preservation, and any other interested state agencies or interested agencies of the government of the United States of America, when required.
H. 
An applicant may petition the Planning Board to waive certain of the above requirements if it is determined by the Board that said requirement is not applicable to the review of the applicant's site plan.
A. 
The Planning Board's review of the site plan shall include, as the Planning Board deems appropriate, but shall not be limited to the following general considerations:
(1) 
The location and design of driveways providing vehicular ingress to and egress from the site in relation to streets giving access to the site and in relation to pedestrian traffic, taking into account § 450-36A, 450-41C, and 450-54.
(2) 
The traffic circulation features within the site and the location of automobile parking areas and loading areas, taking into account § 450-41.
(3) 
The location, arrangement, size and general site compatibility, of main and accessory buildings, lighting and signs on the site and in relation to one another, taking into account § 450-66.
(4) 
The location and type of signs in relation to traffic control devices, taking into account Chapter 338, Signs, of the Village Code.
[Amended 1-22-2013 by L.L. No. 1-2013]
(5) 
The degree of uniformity, dissimilarity, inappropriateness, or poor quality of design in the exterior appearance of buildings and the degree to which any such uniformity, dissimilarity, inappropriateness, or poor quality of design adversely affects the desirability of the immediate area and neighboring areas for residential, business or other purposes and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development and use of such areas, contributes to the degeneration of property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the community, and contributes to the diminution of the taxable value of real property in such areas and its ability to support the municipal services provided thereof, taking into account and applying the review criteria and standards of Chapter 9, Architectural Review Board, of the Village Code.
[Added 12-8-2015 by L.L. No. 9-2015]
B. 
With respect to the foregoing matters, the Planning Board may make such requirements in furtherance of the purposes of this chapter as will assure:
(1) 
The safety and convenience of vehicular traffic within the site and in relation to access streets.
(2) 
The safety and convenience of pedestrian traffic within the site and on the public streets giving access to the site.
(3) 
Harmonious and beneficial relations among the buildings and uses within the site.
(4) 
Satisfactory and harmonious relations between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.
(5) 
Satisfactory and harmonious relations between the development on the site and the goals and objectives of the Village of Sleepy Hollow Local Waterfront Revitalization Program.
(6) 
The reservation and designation of parkland and open space on areas considered for development; although, where this objective is considered impracticable, the Planning Board may require a fee as set forth in the fee schedule included at the end of Chapter 200, Fees, in lieu of such designation and reservation per residential lot or dwelling unit in the case of multifamily housing (condominiums or apartments) or per theoretical residential lot in commercial developments. However, in the case of multifamily developments or continuing-care retirement communities (CCRCs), the Planning Board may adjust the recreation fee in relation to the recreational facilities provided within the subject development.
[Amended 1-22-2013 by L.L. No. 1-2013]
(7) 
Full compliance with the requirements of the New York State Environmental Quality Review Act and all other applicable laws and regulations.
(8) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(9) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(10) 
Adequacy of stormwater and drainage facility.
(11) 
Adequacy of water supply and sewage disposal facilities.
(12) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(13) 
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(14) 
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(15) 
Consultation with Village, county, state and federal officials and other public and private consultants as deemed appropriate.
C. 
In pursuance of the above-stated objectives, the Planning Board may require landscaping, fences, and walls of the nature described in § 450-36C, and the same shall be provided and maintained as a condition of the establishment and the continued maintenance of the use to which they are appurtenant.
D. 
The Planning Board may also require that the applicant obtain the written approval of the Village of Sleepy Hollow Tree Commission in accordance with Chapter 385, Trees, of the Village Code for landscaping, including the designation, planting, and initial care of trees for a site, before the Planning Board takes action on the application.
E. 
No site plan and/or amendment to a site plan shall be approved by the Planning Board until the same has been reviewed and approved by the Village Engineer with respect to the adequacy of proposed facilities for sewerage and for the drainage of stormwater.
F. 
Approval of a site plan and/or amendment to a site plan by the Planning Board under the provisions of this section shall expire one year after the date thereof unless a building permit or permits have been obtained for construction in accordance with such approved plan.
G. 
The Planning Board shall fix a reasonable time for the hearing of a site plan review, amendment to a site plan, or subdivision application or other matter subject to the jurisdiction of the Board, giving due notice thereof to the applicant. Said applicant shall, for site plan review, amendment to a site plan, and all subdivision applications other than one-lot subdivisions, at least 20 days prior to the time appointed for said hearing, give personal notice to all owners of property situated within or without the Village of Sleepy Hollow within 200 feet of the property affected by said application. Such notice shall be given by certified mail, return receipt requested, with return receipts provided to the Department the week prior to the holding of the public hearing. In the case of a one-lot subdivision review, the applicant shall, at least 20 days prior to the time appointed for said hearing, give personal notice to all owners of property situated within or without the Village of Sleepy Hollow adjacent to and directly across the public thoroughfare or street of the subject property. Such notice shall be given by certified mail, return receipt requested, with return receipts provided to the Department the week prior to the holding of the public hearing.
H. 
Notice of public hearings on applications. In addition to the distribution of written notice of any hearing on an application sent by use of the United States Postal Service, and in addition to the posting of the written notice in a public place in Village Hall, a prominent sign shall be posted two weeks prior to the hearing at the edge of the property wherever it abuts a public street, in a clear and visible location, giving notice of the public hearing and any continuation and its subject, and the location of the hearing and its time and date. This shall be performed by the applicant and an affidavit of posting submitted to the Department the Friday before the meeting at which it is to be heard. The applicant shall maintain the sign until the public hearing is closed.
A. 
The Planning Board shall decide whether to approve or deny the application for site plan based upon the factors listed in § 450-67. Upon completion of the SEQR process, the Planning Board may approve, approve with modifications and/or conditions or disapprove the site plan. Such decision as to approval, disapproval or conditional approval shall be made within 62 days after the closing of the public hearing. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.
B. 
Upon approval of the site plan with or without modifications and/or conditions and payment by the applicant of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant and the Building Inspector and file same with the Village Clerk.
C. 
Upon disapproval of a site plan, the Planning Board shall so inform the Building Inspector, and the Building Inspector shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reason for disapproval. Such disapproval shall be filed with the Village Clerk.
[Amended 1-22-2013 by L.L. No. 1-2013]
A. 
No permit shall be issued for any building in any area covered by a site plan and/or site plan amendment required under the provisions of this chapter except in conformity with such site plan or a subsequent amendment thereof adopted as in the first instance.
B. 
No certificate of occupancy shall be issued for any such building unless the same conforms in all respects to such site plan and/or site plan amendment and unless all automobile parking spaces and all other features included in such site plan and/or site plan amendment have been installed in accordance therewith. Conformity to the site plan and/or a subsequent adopted amendment to the site plan shall be determined by site inspection(s) performed by the Department or a representative thereof.
C. 
If the proposed building is intended for use as a house in any residence R District, such plans shall also show the exact cubic footage contained in the house, separately stating the cubic content of any cellar, porch, breezeway and garage, and with respect to the attic, separately stating the attic space deemed qualified as livable, if any, and the nonlivable attic space. Such plans should also show the proposed layout of the livable attic space deemed qualified.
[Amended 1-22-2013 by L.L. No. 1-2013]
Costs incurred by the Village for consultation fees, including legal fees, traffic and planning studies and environmental review pursuant to SEQR or other expenses in connection with the review of a proposed site plan shall be charged to the applicant. The Department may require that an amount sufficient to pay said costs be deposited with the Village. The applicant shall also pay to the Village the cost of publication of the notice of public hearing. Upon the failure of the applicant to pay such costs, the Department shall certify the costs to the Assessors of the Village, and thereupon such costs shall become and be a lien upon the land involved and shall be added to and become a part of the taxes next to be assessed and levied upon such land and shall bear interest at the same rate as, and be collected and enforced in the same manner as, taxes. The provisions of this section with respect to costs shall be in addition to any penalty imposed by this chapter for violation of or noncompliance with the provisions of this chapter.