This article is enacted under the authority of § 10
of the Municipal Home Rule Law and Article 42 of the Executive Law
of New York State in order to protect and enhance the physical and
visual environment of the Village of Sleepy Hollow and for the protection,
control, order, safety, health and well-being of people and property
with the Village of Sleepy Hollow.
As used in this article, the following terms shall have the
meanings indicated:
GROSS DEVELOPMENT AREA
All land and landfill areas inland of the Hudson River shoreline,
including all easement areas.
WATER-DEPENDENT USE
Any use that requires for its primary purpose location on
submerged lands or that requires direct access to or location in coastal
waters and which therefore cannot be located away from these waters.
A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used for any of the following purposes and for no other purpose, subject to site plan review and conformance with the riverfront development design standards listed in §
450-18 herein:
A. Charter/Excursion boat and fishing guide operations.
B. Mariculture and aquaculture activities.
C. Fishing/Marine supply stores (not to include marinas).
D. Wholesale and retail fish/seafood stores.
E. Community centers when part of coastal public access or other public
recreational access.
F. Municipal parks, playgrounds, trails and beaches.
G. Scientific, historic, artistic and educational activities and uses
which, by their nature, require or are enhanced by a location on coastal
waters, including museums, construction of historic boat replicas
or other river-related educational facilities or activities.
H. Structures needed for boat/vessel navigational purposes, such as
lighthouses or other navigational aids.
I. Recreational activities which depend on or are enhanced by access
to coastal waters, such as swimming, fishing, boating, wildlife viewing,
walking, sitting, jogging, bicycling and other forms of passive appreciation
of scenic resources.
K. Specialty boat uses/facilities, such as tour, cruise and dinner boats.
M. Municipal public safety uses and facilities associated with other
uses in this district.
N. Flood and erosion control structures, such as bulkheads, rip-rap
and breakwaters.
O. Mass transit facilities, including railroad tracks and appurtenant
structures such as railroad stations, and historic and/or alternative
modes of transportation.
P. Support facilities necessary for successful functioning of the above
uses (for example, parking areas, snack bars, first aid stations,
information stations/services and short-term storage facilities).
To the extent possible, such facilities should be sited inland of
the principal use.
[Amended 2-22-2000 by L.L. No. 7-2000]
A. Special
permit uses for properties that have direct frontage on the Hudson
River waterfront. A building may be erected, reconstructed, altered,
arranged, designed or used and a lot or premises may be used for any
of the following purposes and for no other purpose in the RF Riverfront
Development District, subject to the issuance of a special permit
by the Mayor and Board of Trustees. In addition, the following uses
will be subject to site plan review and the requirements of other
applicable portions of the RF Zoning District:
(1) Riverfront development projects for properties that have direct frontage
on the Hudson River.
(a)
In order to recognize that the Sleepy Hollow waterfront area is attractive for a variety of uses which are not water-dependent, while at the same time achieving the goals of the Village's Local Waterfront Revitalization Program, the following uses, when proposed as part of a riverfront development, are allowed in the RF Riverfront Development District subject to the issuance of a special permit by the Mayor and Board of Trustees whenever the owner dedicates meaningful, permanent public access (Such determination shall be made by the Mayor and Board of Trustees as part of concept or site plan approval.) along and, where appropriate, across the property to the dry shore area. Further, any of the uses listed in §
450-10 above may be allowed in conjunction with any of the uses listed below. In addition, the following uses shall be subject to site plan review. "Meaningful, permanent public access" is defined as safe and unobstructed access to and along the dry, nontidal or submerged shore areas of the Hudson River for all members of the public in order to provide a public access system to and along the waterfront and/or public rights-of-way. Such access shall be, at the option of the applicant, in the form of a permanent easement or the granting of fee title to the Village of Sleepy Hollow. Access may be regulated by reasonable conditions in a management plan submitted by the applicant and approved by the Mayor and Board of Trustees as part of the final site plan approval. The access shall be at least 15 feet wide from a street to the shoreline and at least 20 feet wide along the shoreline for the entire width of the property in the RF Riverfront Development District. A surface or material suitable for pedestrian use at least 10 feet wide shall be provided for the entire length of the access easement and to a standard approved by the Sleepy Hollow Village Engineer.
(b) A riverfront development is a mixed-use project which incorporates
various permitted land use elements as part of a comprehensively planned
development. The Village of Sleepy Hollow is looking for an attractive,
well-planned riverfront development which is in the spirit of an old
Hudson River waterfront community image. Riverfront development plans
should incorporate hamlet centers, following the traditional patterns
and layout of such centers. This may include provision for village
squares, walking areas and alleyways. Building designs should visually
complement, be harmonious with and in the spirit of the architectural
style that prevailed in Hudson River communities prior to 1900.
(c)
The uses permitted in a riverfront development are as follows:
[2]
Marinas and related uses such as sale of marine supplies, services, fuel, equipment, etc.; marine-related retail and service businesses, including boat and marine engine sale and repair and boat rental. The marina standards found below in Subsection
A(4) shall also apply here;
[3]
Enclosed dry rack storage for boats;
[4]
One-family, two-family and multifamily residential uses;
[5]
Commercial retail shops, designed primarily to serve the needs
of pedestrian and marine visitors to the riverfront;
[6]
Retail and personal service shops with a maximum floor area
per building of no greater than 50,000 square feet which are designed
to serve the needs of area residents, commuters and visitors, such
as neighborhood grocery stores or delicatessens; pharmacies; audio/video,
newspaper, candy and sundries; barber/beauty shops; retail cleaners;
and other similar uses;
[7]
Restaurants, entertainment and bar facilities;
[8]
Inns, hotels, motels, bed-and-breakfast inns, boatels, conference
centers, resort-type facilities, fitness centers, spas;
[Amended 1-22-2013 by L.L. No. 1-2013]
[9]
Public or semipublic uses such as churches, live theaters, aquariums,
concert halls, museums or meeting rooms suitable for social, civic,
cultural or educational activities;
[10] Galleries, workshops or retail shops associated
with arts, crafts or fine arts;
[11] Professional, medical, health care, or business
offices (but excluding, amongst other things, hospitals, detoxification
facilities, specialty hospitals, psychiatric hospitals or other types
of medical uses involving overnight stays);
[Amended 11-8-2022 by L.L. No. 10-2022]
[12] Charter/Excursion boat businesses;
[13] Ferry boat uses/facilities;
[14] Banks and other personal service establishments;
[15] Tennis courts and paddle tennis courts;
[16] Commercial recreational facilities, including
interactive video, bowling and theaters;
[17] Nursing homes, senior citizen housing and assisted-care
facilities;
[18] Child or elderly day-care facilities;
[19] Catering establishments, offering catering services
on or off the premises, and retail sales;
[20] Consumer service establishments such as florists,
photographers and formal wear clothing sales and rentals;
[21] The following light industrial and other uses,
provided that such uses in aggregate do not exceed 30% of the gross
floor area of a riverfront development and provided that no individual
building housing such a use has a footprint greater than 25,000 square
feet and that the maximum floor area per said building does not exceed
50,000 square feet:
[a] Wholesale businesses and warehouses, including
nonprocessing storage and distribution, provided that such uses are
water-dependent. These uses may include docks and piers necessary
for the transfer of goods and materials from the Hudson River to land
and/or from land to the Hudson River.
[b] Printing and publishing facilities;
[c] Research, experimental or testing laboratories;
[d] Service-oriented uses such as electric motor repair,
appliance repair, lawn mower repair and radio and television repair;
[e] Cabinet shops, upholstery shops and fabric shops;
and
[f] Home improvement suppliers and distributors, selling
or distributing hardware, plumbing supplies, paint, wallpaper, lighting
fixtures, carpet, garden supplies, plant nursery products and furniture;
and
[22] Other uses similar to the above uses as determined
by resolution of the Village Board. Examples of uses that may be but
are not necessarily similar to the above uses include combining prepared
materials such as bone, shell, fur, glass, leather, precious or semiprecious
metals or stones, textiles or cloth products, wood or wood products;
creation of ceramic products, excluding building materials, using
only previously pulverized clay and kilns fired by electricity or
gas; and putting together musical instruments, clocks, watches, toys,
novelties, office equipment, telecommunications and electronic components
from prepared material.
(2) The manufacture, assembly or repair of marine products such as boats,
vessels, sails and hardware.
(3) Ferry boat uses/facilities.
(4) Marinas and related uses such as sale of marine supplies, services,
fuel, equipment, etc.; marine-related retail and service businesses,
including boat and marine engine sales and repair and boat rental.
The following standards shall apply to all new marina projects as
well as proposals for the expansion of existing marinas:
(a)
All new marina proposals or the expansion of existing marinas
shall, as deemed appropriate by the Mayor and Board of Trustees, include
sufficient parking, parklike surroundings, toilet facilities and marine
pumpout facilities.
(b)
The Village Board may require a performance guarantee, such
as a secured bond or money in escrow, that will be sufficient to hire
an independent contractor to complete any conditions imposed or to
effect any limitations or to restore the project area to its original
condition in the event of a failure by the applicant to comply with
the conditions or limitations of the special permit. The performance
guarantee shall be in the amount of $100,000 plus $100 per foot of
wet slip.
(c)
To the extent deemed feasible by the Mayor and Board of Trustees,
marina basins shall be designed for maximum tidal flushing and circulation
due to river currents and the action of wind while maintaining safe
levels of wave action within the protection basin. Minimum design
criteria to promote flushing include:
[1]
Basin and channel depths shall not be deeper than the prevailing
depths in the water body to which they connect.
[2]
Basin and channel depths shall gradually increase toward open
water or basin entrances.
[3]
Openings shall be provided at the opposite ends of enclosed
basins to establish flow-through circulation. Only one opening must
be navigable. The other opening or openings shall be as large as practicable
to promote circulation. Culverts or other enclosed conduits may be
used in place of open channels.
[4]
The configuration chosen shall minimize or prevent the formation
of stagnant water zones that tend to collect debris or cause shoaling
or flushing problems.
(d)
Marinas shall be located in areas where physical attributes
required by marinas already exist and where minimal initial and subsequent
maintenance dredging will be required. Such physical attributes include
natural depths at or exceeding minimal navigable depths, low rates
of sediment transport and sufficient tidal action to promote flushing.
Dredging shall be limited to the minimum dimensions necessary for
the project. Marinas shall not be permitted in areas that would require
frequent maintenance dredging that would harm aquatic life or would
prevent the relocation of benthic organisms. Such areas would include
those which would require maintenance dredging more often than once
every five years.
[Amended 1-22-2013 by L.L. No. 1-2013]
(e)
Applicants must demonstrate that there is an adequate water
supply to serve all of the project needs.
(f)
Sewage pumpout facilities shall be provided at all new marinas
and expansion of existing marinas at a minimum rate of one pumpout
station for every 100 wet slips or fraction thereof.
(g)
Adequate rest room facilities for the exclusive use of marina
patrons will be required to discourage any overboard discharge of
sewage from boats and to protect water quality. The number of toilets
required for any given marina shall be determined by the Mayor and
Board of Trustees for the nature and size of the marina and for its
specific site location.
(h)
The applicant shall demonstrate adequate capacity to properly
dispose of or treat all sanitary wastes generated by the project.
(i)
An ample number of signs shall be provided to identify the location
of public rest rooms and pumpout facilities. Signs must also fully
explain the procedures and rules governing the use of the pumpout
facilities. Pumpout facilities shall be available to all boaters,
regardless of whether they are patrons of the marina.
(j)
Dedicated parking spaces shall be provided at a minimum rate
of 0.5 space per slip, plus whatever additional spaces are required
for employees and required by this chapter for separate retail activities
on premises.
(k)
Rainfall runoff becomes polluted with oils, greases, organic
and inorganic wastes and other potentially harmful substances. It
is the intent of the Village of Sleepy Hollow to limit, to the extent
feasible, the introduction of these contaminants into the waters surrounding
the Village. Therefore, new parking areas shall utilize porous pavements
or other approved measures to reduce rainfall runoff. New marina projects
must incorporate best management practices in their design, including
but not limited to the following:
[1]
Maximize pervious land surface and vegetative cover to minimize
stormwater runoff and to prevent polluted waters from reaching adjacent
waters and wetlands. Direct runoff away from adjacent waters and wetlands
to the extent feasible by site grading or other methods.
[2]
Runoff from parking lots, maintenance, fueling and wash-down
areas must be treated in a manner that prevents oils, grease and detergents
from reaching adjacent waters and wetlands. Accepted treatment methods
include oil and grease filtering catch basins, retention areas and
exfiltration systems.
(l)
Trash receptacles shall be plentiful and convenient to encourage
the proper disposal of trash and waste. A maximum spacing of 100 feet
between receptacles shall be maintained on all piers and docks.
(m)
The underwater portions of piers and docks, including piles,
shall not be constructed using creosote-treated lumber.
(n)
All marinas must have and be able to institute spill prevention
emergency response plans. Automatic cut-offs for fuel/oil and sewage
hoses and lines in the event of an accident are mandatory.
(5) Interim storage, subject to the following standards:
(a)
Interim storage may be permitted by the Village Board on parcels
which are five acres or less in size on the effective date of these
regulations;
(b)
No interim storage is permitted for noxious, hazardous, toxic
or waste materials;
(c)
Permits for interim storage uses shall be valid for one year
in duration and shall be subject to annual renewal by the Village
Board of Trustees;
(d)
Interim storage may be allowed for a maximum of five years unless
extended by the Village Board of Trustees;
(e)
Interim storage uses shall be subject to site plan review; and
(f)
The approving agency may require appropriate screening of the
proposed interim storage.
B. Permitted uses for properties without direct frontage on Hudson River. A building may be erected, reconstructed, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other purpose, subject to site plan review and issuance of a special permit, if applicable. (Issuance of a special permit by the Mayor and Board of Trustees is necessary for those uses listed above in Subsection
A.):
[Amended 1-22-2013 by L.L. No. 1-2013]
(1) All of the uses listed above in §
450-10 and Subsection
A. For those uses listed above in Subsection
A(1) under "riverfront developments," all of the standards and procedures applicable to a riverfront development shall also apply here, except the provisions for public access to and along the Hudson River waterfront.
The following shall be accessory uses:
A. Any accessory use customarily incidental to permitted uses, and support
facilities necessary to serve permitted uses.
B. Off-street parking in accordance with the requirements of the RF
Riverfront Development Zoning District. No parking shall be located
within 25 feet of the Hudson River waterfront (mean high water line).
C. Retail sales of products fabricated or assembled on the premises.
D. Living quarters for owners, caretakers or watchmen and their families.
E. Public or semipublic accessory uses, such as bandshells, kiosks and
gazebos.
F. Signs in accordance with the requirements of Chapter
338, Signs, of the Village Code.
[Amended 1-22-2013 by L.L. No. 1-2013]
G. Fences, hedges or walls in accordance with the requirements of §
450-40F of this chapter.
[Amended 2-22-2000 by L.L. No. 7-2000]
Applications to the Village Board and Planning Board as provided herein shall be accompanied by the appropriate fees which may be set from time to time by the Village Board for such applications. Pursuant to the requirements of Chapter
200, Fees, of the Village Code, the applicant shall also be required to pay such additional fees as may be necessary for the reasonable expenses associated with provision of technical assistance to the Village in reviewing the technical aspects of the application/project.
[Amended 2-22-2000 by L.L. No. 7-2000]
A. The application
for a riverfront development project for one or more riverfront development
projects or a special use project shall be submitted to the Mayor
and Board of Trustees. The application shall consist of narrative
text, drawings and/or illustrations describing the proposed riverfront
development or special use project. Drawings shall be submitted approximately
to scale, but need not be to the precision of a finished engineering
drawing or a final site plan. The application shall include the following:
(1) A written description of the riverfront development or special use
project and a description of the manner in which such proposal meets
the purposes of the RF Riverfront Development Zoning District; how
it is consistent with the Village's Local Waterfront Revitalization
Program; and a description of the manner in which the public interest
would be served by the proposed riverfront development or special
use project, including a description of the benefits to the Village
as a whole and the waterfront neighborhood in particular.
(2) A riverfront development concept plan showing the various proposed
land uses and their spatial arrangement, including the proposed general
location of buildings, parking areas, public, community and/or recreational
facilities, utility and maintenance facilities and open space. The
riverfront development concept plan shall include and provide all
of the information required herein for all of the lands owned by the
applicant within the RF District. The concept plan shall also show
the relationship of the proposed project uses to existing and proposed
land uses adjacent to the site, particularly those on the adjacent
and nearby Village-owned and county-owned parcels, and any other lands
within the Riverfront Development Zoning District that are not part
of the application. If no such uses have been proposed for adjoining
any nearby parcels, the application shall describe and generally show
potential uses for such other parcels.
(3) An indication of the approximate square footage of buildings and
the approximate number of dwelling units (if applicable) of each housing
type and size.
(4) An indication of the appropriate number of parking and loading spaces
in relationship to their intended use, accompanied by a description
of any alternative means of parking to be utilized, such as below-building
parking or parking incorporated into one or more floors of the building.
(5) An indication of the need for phasing of construction of the project.
(6) The configuration of any interior road system and connection/access
to the adjoining Village road systems.
(7) The general configuration of pedestrian circulation systems, including
the general location of any public access to or along the riverfront,
and the connection of such pedestrian passageways to adjoining properties.
(8) The proposed overall design treatments of views and viewing points
from the site to the Hudson River; to the site from the Hudson River;
and from important viewshed protection points (those that are applicable)
identified in the Village's Local Waterfront Revitalization Program.
(9) Descriptions, sketches and elevations, if available during the concept
plan review and approval process, showing the general architectural
treatment and design scheme contemplated for the entire development
and specifically for any public spaces or major elements of the site
plan.
(10)
Incentives offered and bulk increases sought.
(11)
Such additional information as the Mayor and Board of Trustees
may deem necessary in order to properly evaluate the application.
[Amended 1-22-2013 by L.L. No. 1-2013]
B. Village
Board review of special permit and riverfront development concept
plan application for environmental compliance.
(1) The approval of a special permit or riverfront development project
is an action under the State Environmental Quality Review Act (SEQRA),
and all proceedings to such project shall comply with applicable requirements
of SEQRA.
(2) Upon receipt of an application for a special permit and riverfront
development concept plan, the Mayor and Board of Trustees shall commence
a coordinated review under SEQRA and institute lead agency procedures
after identifying all involved and interested agencies, as provided
by law.
(3) Because any waterfront development will constitute an important element
in the implementation of the Village's Local Waterfront Revitalization
Program, the preparation of a draft environmental impact statement
(DEIS) shall be required by the lead agency. Such DEIS shall comply
with all requirements of law. To the extent possible, in accordance
with law, the DEIS submitted in connection with the special permit
and riverfront development concept plan approval shall be sufficiently
specific as to eliminate the need for additional and/or supplemental
DEISs during the site plan review stage of the approval process.
(4) To the extent possible in accordance with law, the preparation of
the DEIS shall be integrated into the existing agency review processes
and shall occur at the same time as the other agency reviews, including
the special permit and riverfront development concept plan review.
When a SEQRA hearing is to be held, it shall be conducted jointly
with other public hearings on the proposed action, whenever practical.
C. Village
Board referrals. The Village Board shall comply with the applicable
provisions of General Municipal Law §§ 239-l and 239-m.
Where the Mayor and Board of Trustees are serving as lead agency under
SEQRA, they shall also circulate the DEIS and final environmental
impact statement (FEIS) as provided by law. In addition to the referrals
required by law, the Mayor and Board of Trustees may refer the application
to any other Village board, department, organization, consultant or
professional they deem appropriate.
D. Village
Board public hearing. The Village Board shall hold at least one public
hearing, with the same notice required by law for zoning amendments,
on the application for a special permit and riverfront development
concept plan approval. Where the Mayor and Village Board of Trustees
are serving as lead agency under SEQRA and determine to hold a SEQRA
hearing, the SEQRA hearing shall be conducted jointly with this public
hearing if practical.
E. Village
Board decision on special permit and riverfront development concept
plan.
(1) Concept plan approval process. Prior to granting any special permit
for a riverfront development project, the Mayor and Board of Trustees
shall review a riverfront development concept plan which contains
a proposed designation of appropriate land uses or a range of land
uses for the overall development of the area within the Riverfront
Development Zoning District. The Mayor and Board of Trustees shall
render a decision on the application for riverfront development concept
plan approval and for a special permit after they have held the required
public hearing, completed the SEQRA process and made the requisite
SEQRA findings and made the consistency determination required under
the Village's Local Waterfront Consistency Review Law.
(2) Concept plan approval. The Mayor and Village Board of Trustees shall
approve the concept plan upon a finding that it:
(a)
Will substantially fulfill all of the purposes of the Riverfront
Development Zoning District;
(b)
Will be in harmony with the appropriate and orderly development
of the Village's waterfront area; and
(c)
Will be consistent with the policies and purposes of the Village's
Local Waterfront Revitalization Program.
(3) Special permit approval. The Mayor and Board of Trustees may authorize
the issuance of a special permit for a riverfront development project
or special use project, provided that they shall find that the following
conditions and standards have been met:
(a)
The proposed riverfront development or special use project will
fulfill all of the purposes of the Riverfront Development Zoning District.
(b)
The proposed riverfront development or special use project meets the riverfront development design standards set forth in §
450-18, to the extent applicable at the special permit stage.
(c)
The proposed riverfront development or special use project will
be in harmony with the appropriate and orderly development of the
Village's waterfront area.
(d)
The proposed riverfront development or special use project will
not hinder or discourage the appropriate development and use of adjacent
lands.
(e)
The proposed land uses of the project will be in accordance
with the approved riverfront development concept plan.
(f)
The proposed riverfront development or special use project is
consistent with the policies and purposes of the Village's Local Waterfront
Revitalization Program.
(g)
The proposed project is otherwise in the public interest.
(4) Conditions. In approving any riverfront development concept plan
and special permit, the Mayor and Village Board of Trustees may attach
such conditions, safeguards and mitigation measures as they deem necessary
or appropriate to assure continual conformance to all applicable standards
and requirements and to fulfill the intent and purposes of the Riverfront
Development Zoning District.
F. Time periods
for concept plan and special permit approval. The approval of a riverfront
development concept plan or special permit shall remain valid for
a time period specified by the Village Board. In addition, at the
time of approving a special permit, the Village Board may, in its
discretion, extend any time period it has previously set where it
finds that changing market conditions or other circumstances have
acted to prevent the timely commencement or completion of work and
that the developer has proceeded with reasonable diligence in an effort
to assure completion of the work within the permitted time period.
The extension of these time periods shall not require the holding
of a new public hearing.
G. Revisions
to riverfront development concept plan and special permit. After approval
of the riverfront development concept plan or special permit, any
proposed revisions shall be submitted to the Mayor and Board of Trustees.
The Mayor and Board of Trustees, in their discretion, shall determine
the appropriate procedures for consideration of the proposed revisions
and whether such revision is material enough to require further environmental
analysis, further project review and/or a further hearing, as they
may deem appropriate.
[Amended 2-22-2000 by L.L. No. 7-2000]
A. In general.
(1) After
approval of the riverfront development concept plan or special permit
by the Village Board, the Village Planning Board may grant site plan
approval to a riverfront development project or any portion thereof.
(2) Application for site plan approval. The application for site plan approval shall contain all the material set forth in Article
X, Site Plan Review, of this chapter. In addition, the applicant shall submit the following, where deemed applicable by the Planning Board:
[Amended 1-22-2013 by L.L. No. 1-2013]
(a)
Information to establish that the proposed site plan meets the riverfront development design standards set forth in §
450-18;
(b)
Information to establish that the proposed site plan is in substantial
conformance with the approved riverfront development concept plan
and special permit;
(c)
Elevations showing the architectural and design treatment of
all buildings, public and open spaces and other site plan elements;
(d)
Information to establish the relationship of the proposed project
to later elements of the development of the other applicable portions
of the land area within the Riverfront Development Zoning District,
including any other adjacent and nearby lands that are not part of
the applicant's planned riverfront development project(s);
(e)
Such other information as the Planning Board may reasonably
require in order to evaluate the site plan application; and
(f)
Application fees as may be required pursuant to Chapter
200, Fees, of the Village Code.
B. Planning
Board review of site plan.
(1) The Planning Board shall conduct a detailed review of the adequacy,
location, arrangement, design and appearance of each aspect of the
proposed development. While the scope of the Planning Board's review
of the site plan will generally relate to the waterfront project at
issue, the Planning Board shall have the authority to assure that
aspects of the overall development of the land within the Riverfront
Development Zoning District (e.g., stormwater management, fire and
police protection, sanitary sewers, all other utilities, streets,
etc.) shall be adequate to suit the purposes and needs of the Riverfront
Development Zoning District, as it is finally developed.
(2) In acting on any site plan application, the Planning Board shall take into consideration any approved or pending riverfront development concept plans and the proposed design and layout of the entire waterfront area, including the proposed location, height and buffer of buildings, traffic circulation within and outside of the site, provision for off-street parking, exterior lighting, display of signs, landscaping, buffer areas and open spaces and architecture and design so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street systems. In particular, the Planning Board shall assure that the proposed site plan meets all of the riverfront development design standards set forth in §
450-18.
[Amended 1-22-2013 by L.L. No. 1-2013]
(3) The proposed site plan shall be in general conformance with the approved
riverfront development concept plan. While the riverfront development
concept plan approval will constitute approval of a general layout
of the land areas within the Riverfront Development Zoning District,
the individual site plans for particular riverfront development projects
will provide detailed building envelopes, elevations and site design
details regarding proposals for various projects within the RF Zoning
District. The Planning Board may exercise its discretion in allowing
minor variations from the riverfront development concept plan so long
as the site plan is, in the Planning Board's judgment, generally in
keeping with the approved riverfront development concept plan.
[Amended 1-22-2013 by L.L. No. 1-2013]
C. Time period
for construction. At the time of approving the site plan, the Planning
Board may set forth the time period in which construction is to begin
and be completed. The Planning Board may, in its discretion, extend
any time period it has previously set where it finds that changing
market conditions or other circumstances have acted to prevent the
timely commencement or completion of work and that the developer has
proceeded with reasonable diligence in an effort to assure completion
of the work within the permitted time period. The extension of these
time periods shall not require the holding of a new public hearing.
D. Adjustments to site plan during construction. During the construction of an approved site plan, the Village Engineer may authorize minor adjustments to the approved plans which are consistent with the overall approved site plan when such adjustments appear necessary in the light of technical or engineering considerations which develop during actual construction or when such adjustments are required in order to comply with law, rules or regulations made applicable to the subject property. The Village Engineer may, in his discretion, refer any such proposed change to the Planning Board for review. The Planning Board may determine to treat the modification as a minor site plan adjustment under this section or to treat it as a site plan amendment under §
450-66B of this chapter and shall have discretion to determine the extent of further environmental analysis and project review that may be required. After appropriate review and where it deems the amendment appropriate, the Planning Board shall approve the site plan amendment by resolution.
Notwithstanding the exemption for Village-owned properties as specified in §
450-13 of this article, the Planning Board may review any proposed subdivision application within a riverfront development at any time after the approval of a special use permit and/or riverfront development concept plan. Subsequent to the approval of a special use permit and/or riverfront development concept plan, apportionment of the property solely for leasing, mortgaging, taxing or other similar purposes may occur without the benefit of subdivision approval; however, subdivision approval shall be required prior to all conveyances of property ownership. Any requests for subdivision approval shall follow the procedures set forth in Chapter
425, Subdivision of Land, where applicable. The bulk standards, setbacks and other dimensional requirements of the Riverfront Development Zoning District shall apply to the gross land area of the total riverfront development project, whether or not the gross land area is or will remain in one ownership, and shall not apply to individual or subdivided parcels.
Because of the location of the Riverfront Development Zoning
District, any new development or redevelopment within the district
will be a central and key point of activity for the Village's waterfront
and a central and integral part of revitalization of the Village.
Therefore, it is essential that any development within this district
meets the following standards:
A. Comprehensive design.
(1) The RF Riverfront Development Zoning District allows the flexibility
of design to encourage innovative site planning and creative use of
the district. While various land use elements (e.g., commercial, residential,
recreational, water-dependent, etc.) are expected to comprise the
land area within the district, the district must be planned as a cohesive
unit with a comprehensive development plan for ingress, egress, circulation
and utility service. Additionally, the land uses proposed must be
complementary. The architectural styles must be compatible and must
attain high standards of design.
(2) Development proposed within the RF Riverfront Development Zoning
District must afford a priority to waterfront-compatible well-designed
uses, achieve public access to the coastal area and create a distinct
waterfront district which is in the spirit of an old Hudson River
waterfront community. Further, development proposed within the RF
District must provide opportunities for permanent public views and
visual access to the Hudson River. Development must also be designed
to protect, preserve and enhance sensitive environmental areas; prevent
soil erosion, sedimentation and slope failure; prevent, to the maximum
extent possible, the loss, alteration or diminution of public views
of the Hudson River and opposite shore; prevent activities which will
cause water and air pollution; and ensure that the proposed development
within this district will provide future generations with a continuation
of those elements and resources of the Village that serve to create
a distinct community character and strong sense of place for its residents.
(3) Development within this district must also serve to encourage an
economic stimulus and revitalization of the Village and its Hudson
River waterfront by establishing a well-designed, comprehensively
planned central focus for the Village's waterfront area and to provide
for land uses consistent with the Village's Local Waterfront Revitalization
Program, including residential and waterfront commercial uses, to
serve as a catalyst for the economic and physical revitalization of
the entire village core area.
(4) Further, any proposed development within this district must provide
for and increase pedestrian public access to, and the potential for
enjoyment of, the waterfront and must integrate that access with existing
and anticipated pedestrian public access opportunities on adjacent
public lands.
B. Relationship to uses on surrounding public property. The land uses
proposed in the Riverfront Development District shall relate, visually
and functionally, with surrounding land areas, including Kingsland
Point Park, Kingsland Point Lighthouse, Devries Field, Barnhart Park
and the Village's riverfront property on River Street. Elements of
the site plan, particularly those at the entrance(s), shall relate
compatibly with other elements of the Village. Any future development
within the district shall function as a way of linking waterfront
properties and continuing the concept of a linear public waterfront
trail extending from the Village property on River Street to Kingsland
Point Lighthouse and Kingsland Point Park. Additionally, proposed
development within the district shall also be designed to link public
access to Devries Field, Philipsburg Manor and Barnhart Park.
C. Relationship to the Hudson River. All elements of proposed projects
within the RF Zone shall also be sensitive to the site's unique and
important relationship to the Hudson River and shall be designed accordingly.
D. Provision of view corridors and protecting views to the Hudson River.
The land within the RF Zone shall be developed in such a way as to
maximize views to the Hudson River, with design elements such as taller
building heights further away from the Hudson River, view opportunities
at the river's edge and view corridors throughout the development.
Site layout and design shall consider view corridors identified in
the Village's Local Waterfront Revitalization Program (LWRP) and shall
also consider the importance of views of the Village from the Hudson
River toward the shore. Important views shall be protected and enhanced
to the maximum extent practical.
E. Architectural design standards. It is the purpose of the RF Riverfront
Development District to afford a priority to waterfront-compatible
well-designed uses, achieve public access to the coastal area and
provide standards for development in such a fashion as to create a
distinct waterfront district which is in the spirit of an old Hudson
River waterfront community. Further, it is the purpose of the district
to provide opportunities for permanent public views and visual access
to the Hudson River. It is also the purpose of this district to prevent,
to the maximum extent possible, the loss, alteration or diminution
of public views of the Hudson River and opposite shore and to provide
future generations with a continuation of those elements and resources
of the Village that serve to create a distinct community character
and strong sense of place for its residents.
(1) Attractive, well-planned development is envisioned as creating an
old Hudson River waterfront community image. Development plans should
incorporate hamlet centers, following the traditional patterns and
layout of such centers with strong provisions for pedestrian uses.
This may include provision for village squares, walking areas and
alleyways. Building designs should visually complement, be harmonious
with and in the spirit of the architectural style that prevailed in
Hudson River communities prior to 1900.
(2) Appropriate architectural scale, form and material shall be utilized
to ensure that buildings and structures are compatible with and add
interest to the landscape. More specifically, the design of all structures
is to be compatible with that of the surrounding structures and neighborhoods.
Compatibility shall be determined by a review of proposed use of materials,
scale, mass, height, color, texture and location of the structures
on the site.
(3) The various elements of the project shall be integrated by cohesive
architectural treatment and compatible design.
(4) Buildings shall be designed in consideration of appearance from all
vantage points, both within and outside of the Riverfront Development
Zoning District.
(5) Architectural elements shall be used to provide visual interest,
reduce apparent scale of the development and promote integration of
the various design elements in the project.
(6) Groups of related buildings shall be designed to present a compatible
appearance in terms of architectural style.
(7) Building lines shall be varied to the extent practical in order to
provide an interesting interplay of buildings and open spaces.
(8) Appurtenances on buildings and auxiliary structures, such as mechanical
equipment, water towers, carports, garages or storage buildings, shall
receive architectural treatment consistent with that of principal
buildings.
F. Energy conservation and efficiency. The plan for development shall
be designed in such a way as to promote energy conservation and efficiency
to the maximum extent practical for all buildings.
G. Landscaping, screening and buffering.
(1) All sidewalks, open spaces, parking areas, boat storage areas and
other similar service areas shall be landscaped and/or paved in a
manner which will harmonize with proposed buildings. Materials for
paving, walls, fences, curbs, benches, etc., will be attractive, durable,
easily maintained and compatible with the exterior of adjacent buildings.
(2) The Planning Board may require buffer landscaping, fencing or screening
to separate different types of land uses and to screen utility buildings,
refuse collection areas, cooling systems and other similar installations
and features.
(3) All plants, trees and shrubs shall be installed in accordance with
a planting schedule provided by the developer and approved by the
Planning Board. Landscape materials selected shall be appropriate
to the growing conditions of the environment of the Riverfront Development
Zoning District, this climatic zone and native species.
H. Lighting. Streets, drives, walkways and other outdoor areas shall
be properly lighted to promote safety and encourage pedestrian use.
All exterior lighting for the project shall be directed downward or
otherwise appropriately shielded and designed to minimize excessive
light. It shall have an attractive appearance, compatible with the
overall project design and waterfront character. Lighting type, number
and locations shall be subject to Planning Board review and approval
as part of the site plan review.
I. Signage.
(1) All signs shall be planned and designed in accordance with an overall
comprehensive signage plan which shall be subject to Planning Board
review and approval as part of site plan review.
(2) All signs shall be of a size and scale as determined appropriate by the Planning Board to accomplish their intended purpose. At a minimum, proposed signage shall comply with the standards for different types of land uses identified in Chapter
338, Signs, of the Village Code.
[Amended 1-22-2013 by L.L. No. 1-2013]
J. Vehicular circulation system and traffic access. The rights-of-way
and pavement widths for all internal streets, drives, walks and other
accessways for vehicles and/or pedestrians shall be determined on
the basis of sound current planning and engineering standards, shall
be planned and built so as to promote safety and efficiency of movement,
shall accommodate projected demand and shall minimize impervious surfaces
and paving materials to the maximum extent possible.
K. Public access. While a riverfront development will require certain
private elements for the security and benefit of its residents and
property owners, it should provide pedestrian waterfront public access
in a manner which:
(1) Enhances existing public access opportunities at the riverfront in
furtherance of the Village's LWRP and the state's coastal policies;
(2) Coordinates such public access with existing or anticipated opportunities
for public access on adjacent public lands to facilitate future linkages
in a continuous pedestrian path system; and
(3) Provides meaningful, permanent public access to the Hudson River
in the form of safe and unobstructed access to and along the dry,
nontidal or submerged shore areas of the Hudson River for all members
of the public for purposes of providing a public access system to
and along the waterfront and/or public rights-of-way. Such access
shall be in the form of a permanent easement or the granting to the
Village of Sleepy Hollow of fee title. Access may be regulated by
reasonable conditions in a management plan submitted by the applicant
and approved by the Planning Board as part of the final site plan
approval. The access shall be at least 15 feet wide from the street
to the shoreline and at least 20 feet wide along the shoreline for
the entire width of the property in the RF Riverfront Development
Zoning District. A surface or material suitable for pedestrian use
at least 10 feet wide shall be provided for the entire length of the
access easement and shall meet a standard approved by the Sleepy Hollow
Village Engineer.
L. Off-street parking and loading. In addition to the requirements set forth in §
450-41 of this chapter, the following requirements shall apply to off-street parking and loading in the RF District:
[Amended 1-22-2013 by L.L. No. 1-2013]
(1) Off-street parking and loading areas shall be designed with careful
regard to their relationship to the uses served and to the objectives
for other open spaces. The areas shall be coordinated with the public
street system serving the project in order to avoid conflicts with
through traffic or obstruction to pedestrian walks. In addition, all
parking areas shall be designed to include provisions for handicapped
parking.
(2) Parking and loading facilities not enclosed in structures shall be
suitably landscaped and/or screened as determined appropriate by the
Planning Board.
(3) Required parking spaces. The number of off-street parking spaces
required shall be as set forth below and shall be applicable only
to those uses in the RF Zoning District:
|
Use
|
Minimum Off-Street Parking Requirement
|
---|
|
One-family, two-family, multifamily dwelling
|
1 space per unit plus 1/2 space per bedroom
|
|
Marina
|
1/2 space per slip or dry rack storage facility
|
|
Retail or service business
|
1 space for each 200 square feet of gross floor area, excluding
basement storage utility areas
|
|
Restaurant
|
1 space for each 3 patron seats or 1 space for each 75 square
feet of gross floor area, whichever is greater
|
|
Office for business or professional use
|
1 space for each 250 square feet of gross floor area
|
|
Theater, auditorium, community building, club, social hall,
lodge and fraternal organization, including boat, swim and country
club
|
1 for each 200 square feet of area occupied by all principal
uses or structures
|
|
Hotel, motel, bed-and-breakfast facility
|
1 for each guest room
|
|
Place of worship
|
1 for each 8 permanent seats or 1 for each 150 square feet of
floor area, whichever may be appropriate
|
(4) With respect to any building, structure or use for which the required
number of parking spaces is not specifically set forth in the above
schedule, the Planning Board, in the course of site plan review, shall
determine the number of off-street parking spaces required, which
number shall bear a reasonable relation to the minimum off-street
parking requirements for specified uses as set forth in the above
schedule. In addition, all parking areas shall be designed to include
provisions for handicapped parking.
(5) Up to 30% of the required parking may be designated for compact automobiles
at the discretion of and in accordance with standards determined by
the Planning Board.
(6) Recognizing that rainfall becomes polluted with oils, greases, organic
and inorganic wastes and other potentially harmful substances, it
is the intent of the Village of Sleepy Hollow to limit, to the extent
feasible, the introduction of these contaminants into the waters surrounding
the Village. Therefore, new parking areas shall utilize porous pavements
or other approved measures to reduce rainfall runoff. New marina projects
must incorporate best management practices in their design, including
but not limited to the following:
(a)
Maximize pervious land surface and vegetative cover to minimize
stormwater runoff and to prevent polluted waters from reaching adjacent
waters and wetlands. Direct runoff away from adjacent waters and wetlands
to the extent feasible by site grading or other methods.
(b)
Treat runoff from parking lots, maintenance, fueling and washdown
areas in a manner that prevents oils, grease and detergents from reaching
adjacent waters and wetlands. Accepted treatment methods include oil
and grease filtering catch basins, retention areas and exfiltration
systems.
(7) Alternative methods of meeting off-street parking requirements.
[Amended 2-22-2000 by L.L. No. 7-2000]
(a)
The RF Riverfront Development Zoning District encourages a mix
of land uses, wherein the cumulative parking demand is less than the
sum of the peak demand values for each individual land use. This makes
it possible to share parking without conflict and to avoid a large
surplus of parking spaces in the waterfront area. Also, because of
the special nature and value of land along the waterfront and because
of the anticipated mix of land uses, alternative parking solutions,
such as parking incorporated into buildings, valet parking, off-site
parking, etc., may, in certain situations, also be appropriate.
(b)
Village Board authority. The Mayor and Board of Trustees shall
be authorized to find that any portion of the off-street parking requirements
for a riverfront development has been satisfied when the applicant
establishes to the Board's satisfaction that alternative parking solutions
are appropriate and will provide adequate parking for the RF District
development project. If an applicant wishes to use alternative parking
methods, the applicant must submit a complete analysis to the Village
Board for review. This analysis must include estimates of peak parking
demands for different land uses for different hours of the day and
days of the week. It shall also define strategies intended to incorporate
alternative parking methods and the advantages of such strategies.
The Mayor and Village Board of Trustees shall consult with the Village
of Sleepy Hollow Parking Authority to gain its recommendations concerning
alternative methods of meeting off-street parking requirements.
(c)
Alternative parking methods. Acceptable alternative parking
methods include the following, and such other methods as the Mayor
and Village Board of Trustees deem appropriate, or any combination
thereof:
[1]
Parking shared among various use elements within the riverfront
development project;
[2]
Provision of parking off-site, in private or municipal lots,
where appropriate arrangements for such parking can be made;
[3]
Provision for parking to be incorporated within buildings; and
(8) Off-street loading. Off-street loading shall be provided as the Village
Board may find appropriate and necessary.
M. On-site utilities and services. All development shall be served by
public water supply and sewage systems, provided that adequate capacity
is available.
(1) Underground lines. All on-site television, power and communication
lines, as well as on-site water, sewer and storm drainage lines, shall
be installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction. Any
utility equipment which will necessarily be located above ground shall
be adequately screened from view in an attractive manner.
(2) Approval of appropriate jurisdiction. All buildings within riverfront
development projects shall be served by water supply, sanitary sewage
and stormwater drainage systems as approved by the appropriate government
agency or agencies having jurisdiction thereof. Stormwater drainage
shall minimize siltation and nonpoint source discharge of salted areas
and any other pollutants. Best management practices shall be required.
(3) Television hookups. Television hookups shall either be by cable television
or a central antenna system designed to minimize adverse aesthetic
impact.
(4) Refuse collection. The riverfront development project shall be designed,
and provision shall be made, for adequate means of separation and
storing of refuse and recyclables between collections. Such storage
systems shall be designed to minimize adverse aesthetic impact and
shall comply with all applicable Village and county requirements.
(5) Cooling systems. Cooling systems shall be designed so as to minimize
adverse aesthetic impact.
(6) Placement of underground utilities. Where possible, all utilities
required to be placed underground shall be placed within the rights-of-way,
and all possible steps shall be taken to avoid placement of utilities
under the pavement in order to assure ease of future maintenance.
N. Floodplain requirements. The riverfront development project plans shall comply with the applicable provisions of Chapter
220, Flood Damage Prevention, of the Village Code.
[Amended 2-22-2000 by L.L. No. 7-2000]
A. Purposes. It is recognized that the Riverfront Development Zoning District encompasses a unique resource within the Village of Sleepy Hollow, containing both a significant opportunity for achievement of public amenities and a major potential for water-related development. To provide an incentive which will further encourage the most appropriate use and development of the Village's waterfront in a manner designed to achieve adopted planning objectives and to further the policies and purposes of the Village's Local Waterfront Revitalization Program, the Village of Sleepy Hollow may allow, only by application for a special permit and following a public hearing held on notice duly given in the same manner as required by law for zoning amendments, an increased building bulk (i.e., floor area ratio and/or building height), as set forth in Subsection
B(3) below, upon acceptance of an incentive package under the guidelines set forth in Subsection
B(1) and
(2) below. Such public hearing shall be held by the Village Board. A decision on whether or not to accept or reject an offer for a development incentive shall be made by the Mayor and Village Board of Trustees following such public hearing. Village Board approval shall be in a form acceptable to the Sleepy Hollow Village Attorney.
B. The incentive features and the general guidelines for Mayor and Village
Board of Trustees consideration and action are described as follows:
[Amended 1-22-2013 by L.L. No. 1-2013]
(1) The specific public benefit feature for which an incentive bulk increase
is being sought must be closely associated with the impact of the
development and, to the extent possible, adjacent to or near the project
site. Further, the Mayor and Village Board of Trustees shall make
the decision on whether to accept any particular incentive feature
being proposed and shall have the authority to impose any and all
conditions on the acceptance of the incentive feature as deemed appropriate
and in the best interest of the Village of Sleepy Hollow. The specific
public benefit features for which incentive bulk increases may be
granted include the provision of funds, services or goods toward the
following objectives:
(a)
For all uses other than a riverfront development project (in
which case a broad array of uses are permitted in exchange for the
provision of access along and to the Hudson River shoreline), provision
of improved public access to persons other than occupants of the project,
to waterfront properties along the water's edge, including pedestrian
walkways, open space areas and promenades which are all designed to
form a continuous public right-of-way through the entire RF Riverfront
Development Zoning District. Where public access is provided, the
following guidelines shall be used: Access should be in the form of
a permanent easement or the granting of fee title ownership to the
Village of Sleepy Hollow. The access shall be at least 15 feet wide
from the street to the shoreline and at least 20 feet wide along the
shoreline for the entire width of the property in the RF Riverfront
Development Zoning District. A surface or material suitable for pedestrian
use at least 10 feet wide shall be provided for the entire length
of the access element and to a standard approved by the Sleepy Hollow
Village Engineer.
(b)
New construction or restoration of deteriorated bulkheading,
rip-rap or other forms of shoreline erosion protection, not associated
with the project being proposed, where the need is identified by the
Village of Sleepy Hollow.
(c)
Rehabilitation of the Old Pedestrian Bridge over the railroad
tracks connecting Kingsland Point Park with Devries Field.
(d)
Provision of improvements to Devries Field, Barnhart Park and
the Village riverfront property along River Street, as identified
by the Village.
(e)
Provision of improvements, including streetlighting, plantings
and reconstruction.
(f)
Provision of public fishing areas with fully equipped fish-cleaning
stations.
(2) Funds may be provided by the applicant to a Riverfront Trust Fund.
The Riverfront Trust Fund shall be administered by the Village of
Sleepy Hollow. This trust fund shall be restricted to the use of such
funds only for the specific purpose for which they are provided, for
one or more of the following:
(a)
Improvements to Devries Field, Barnhart Park and the Village
riverfront property along River Street, as identified by the Village.
(b)
National Register of Historic Places nomination work for properties
within the Village of Sleepy Hollow.
(c)
Rehabilitation of the Old Pedestrian Bridge over the railroad
tracks connecting Kingsland Point Park with Devries Field.
(d)
Streetscape/Landscape improvements in the form of streetlighting,
plantings, sidewalk improvements, benches and other similar streetscape/landscape
amenities for the Village's downtown commercial/residential areas.
(e)
Construction of facilities associated with a riverfront aquarium,
museum or similar facility.
(f)
Construction of erosion control structures, such as bulkheading
and rip-rap along the Hudson River shoreline, as needed.
(g)
Maintenance and enhancement of existing public properties, including
public access easements.
(h)
Improvements to the "inner village area" (namely census tract
116), which area has been found to have acute needs.
(3) In determining the specific amount of building bulk incentive increase
that may be granted, if any, the Mayor and Village Board of Trustees,
in each case, shall take into consideration the following:
(a)
The maximum floor area ratio and/or building height increase
shall not exceed 10% as compared to that otherwise permitted in the
Riverfront Development Zoning District.
(b)
Consideration shall be given to the number, extent and combination
of incentive features to be provided.
(c)
The need for such incentive features in the Village at the time
of the application.
(d)
The degree of compatibility of such incentive features with
the neighborhood in which they are located, taking into consideration
the potential effects of noise, traffic, fumes, vibrations or other
such characteristics on surrounding streets and properties; the visual
impact of the resultant building bulk increase and/or incentive feature
applied for and the impact of the proposed development upon access
to light, air and vistas known to be important to the Village.
(e)
The quality of design of the proposed development as determined
by the Mayor and Village Board of Trustees in accordance with its
review under the provisions of the RF Riverfront Development Zoning
District. In considering the quality of design of projects, the Village
Board will include consideration of the following factors:
[1]
The quality and extent of view from the adjacent streets through
the property to the Hudson River.
[2]
The design and relationship of the development to the waterfront
as viewed from the water.
[3]
The design and function of any public access easement or other
access provided to the shoreline, including new bulkheading or docking
facilities.
(f)
To assist the Mayor and Village Board of Trustees in determining
the appropriate amount of building bulk increase, if any, to grant
as an incentive for the applicant's provision of the proposed public
benefit feature(s), the applicant shall submit an estimate of the
cost of providing the proposed feature(s) and the value of the building
bulk increase requested. The Mayor and Village Board of Trustees may
also engage its own independent experts to either separately prepare
such analysis or to review those prepared by the applicant. The reasonable
cost of such expert assistance shall be reimbursed to the Village
by the applicant.
(g)
No incentive building bulk increase will be granted for construction
of any improvement or provision of funds to the Village Riverfront
Trust Fund which would otherwise be provided or required by any law
other than a local law enacted by the Village subsequent to the enactment
of these regulations. Notwithstanding the foregoing, in the event
that a law which is other than a local law requires a public improvement
or provision for funds to any public trust fund which the Board of
Trustees, in its sole discretion, determines makes a substantial negative
impact on a development such that the financial feasibility of the
project becomes seriously compromised, then an incentive building
bulk increase will be granted for the construction of any improvement
or provision of funds to such public trust fund.
(h)
In addition to the foregoing guidelines, the Mayor and Village
Board of Trustees may take into account other considerations bearing
upon the purposes and objectives of any building bulk increase being
sought.
[Amended 2-22-2000 by L.L. No. 7-2000]
The following shall be general development requirements in the
RF District:1
Type
|
Requirement
|
---|
Minimum lot size
|
20 acres2
|
Maximum building coverage of gross development area
|
35%
|
Maximum floor area ratio3 (of gross
development area, including residential and other uses)
|
0.8
|
Maximum impervious surface coverage of gross development area
|
70%
|
Maximum height
|
35 feet (except as provided in § 450-20) 4
|
Minimum gross development area per dwelling unit
|
2,200 square feet5
|
Minimum frontage on public right-of-way
|
100 feet
|
Minimum perimeter buffer
|
75 feet6
|
Minimum open space7 of gross development
area
|
15%
|
NOTES:
|
---|
1
|
A lot or parcel situated in the RF District existing prior to
the date of the adoption of these sections and which does not meet
the general development requirements set forth in this section shall
be subject to the general development requirements established by
the Mayor and Village Board of Trustees. As part of its review, the
Mayor and Village Board of Trustees shall consider the proposed application
and its appropriateness and compatibility with surrounding land uses
and neighborhood character.
|
2
|
The owner of less than 20 acres of gross development area within
the RF Riverfront Development Zoning District may apply for approval
of a riverfront development project as part of the overall riverfront
development where such land is adjacent to a proposed, approved or
constructed riverfront development project. Similarly, the owner of
an RF Riverfront Development Zoning District acreage which adjoins
such adjacent land may also apply for approval of a riverfront development
project as part of the overall riverfront development. The minimum
lot size of 20 acres does not apply to riverfront development projects,
but rather applies to the other permitted principal uses and special
permit uses.
|
3
|
When a FAR applies to construction within this district, the
area devoted to structured parking within a building shall not be
regarded as contributing to total floor area.
|
4
|
Building height shall be measured from the final grade. All
habitable stories must be elevated above the one-hundred-year floodplain
level. The area below the elevated first habitable story of the building
may, but need not, be used for parking.
|
5
|
This shall be calculated by dividing the gross development area
by the number of residential dwelling units in the particular waterfront
development project.
|
6
|
Such buffer area shall not apply to areas along Beekman Avenue,
River Street and the Hudson River and shall be vegetated and/or landscaped
to the satisfaction of the Planning Board, except for permanent entrances/exits,
signage and, where deemed necessary, utilities.
|
7
|
Open space shall be exclusive of all areas devoted to perimeter buffer, buildings, parking, streets, utilities and wetland/watercourse areas (but not wetland or watercourse buffers) as defined by Chapter 418, Wetlands and Watercourses, of the Village Code.
|