Village of Sleepy Hollow, NY Riverfront Development District

[Added 1-28-1997 by L.L. No. 4-1997]

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.

§ 450-8 Purpose.

The land and water area of the Village of Sleepy Hollow's Hudson River waterfront represent a unique mix of natural and man-made resources. These resources have historically played an important role in the development, economy and cultural heritage of the Village and the region. The general quality of the water bodies within and adjacent to the Village, the visual, scenic, natural resources, cultural character, historic resources and structures, and the Tappan Zee East Scenic District (Article 49 of the New York State Environmental Conservation Law) are some of the primary elements comprising and documenting these important natural and man-made resources.

The overall purpose of this district is to promote the policies and purposes of the Village's Local Waterfront Revitalization Program,[1] including positive development and revitalization of the waterfront area, while ensuring that such revitalization takes place in a manner which is sensitive to the Village's coastal and community resources.

[1]

Editor's Note: See Ch. 414, Waterfront Consistency Review.

It is also 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 so as to create a distinct waterfront district which is in the spirit of an old Hudson River waterfront community image. Further, it is the purpose of the district to provide opportunities for permanent public views and visual access to the Hudson River and to encourage the phasing out of land uses which are incompatible with and detract from the Village's Hudson River waterfront area. It is also the purpose of this district 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 benefits provided by implementation of this article and the Village's Local Waterfront Revitalization Program 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.

It is also the purpose of this district 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. Another purpose of this district is to provide for land uses which are 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. It is also the purpose of this district to encourage a mix of uses on the waterfront with a consistent set of design standards to ensure a unified and comprehensively planned development that will function effectively and achieve a high standard of site planning and architectural design.

It is also the purpose of this district to eliminate deteriorated structures and incompatible, visually unattractive or otherwise deleterious land uses. Further, it is the purpose of this district to provide for and increase pedestrian public access to and the potential for enjoyment of the waterfront and to integrate that access with existing and anticipated pedestrian public access opportunities on adjacent public lands.

§ 450-9 Definitions.

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.

PROPERTIES THAT HAVE DIRECT FRONTAGE ON THE HUDSON RIVER

Any lot, parcel, property, riverfront development or special permit use project which adjoins the Hudson River.

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.

§ 450-10 Permitted principal uses.

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:

Charter/Excursion boat and fishing guide operations.

Mariculture and aquaculture activities.

Fishing/Marine supply stores (not to include marinas).

Wholesale and retail fish/seafood stores.

Community centers when part of coastal public access or other public recreational access.

Municipal parks, playgrounds, trails and beaches.

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.

Structures needed for boat/vessel navigational purposes, such as lighthouses or other navigational aids.

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.

Boat rental facilities.

Specialty boat uses/facilities, such as tour, cruise and dinner boats.

Boat launch facilities.

Municipal public safety uses and facilities associated with other uses in this district.

Flood and erosion control structures, such as bulkheads, rip-rap and breakwaters.

Mass transit facilities, including railroad tracks and appurtenant structures such as railroad stations, and historic and/or alternative modes of transportation.

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.

§ 450-11 Special permit uses.

[Amended 2-22-2000 by L.L. No. 7-2000]

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:

[1]

All uses listed in § 450-10.

[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.

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.

§ 450-12 Accessory uses.

The following shall be accessory uses:

Any accessory use customarily incidental to permitted uses, and support facilities necessary to serve permitted uses.

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).

Retail sales of products fabricated or assembled on the premises.

Living quarters for owners, caretakers or watchmen and their families.

Public or semipublic accessory uses, such as bandshells, kiosks and gazebos.

Signs in accordance with the requirements of Chapter 338, Signs, of the Village Code.

[Amended 1-22-2013 by L.L. No. 1-2013]

Fences, hedges or walls in accordance with the requirements of § 450-40F of this chapter.

§ 450-13 Procedure for review and approval of special permit uses.

Each special permit use, including riverfront development project proposals, shall require the following two sequential review and approval phases:

(1)

Phase I: special permit and riverfront development concept plan approval by the Village Board; and

[Amended 2-22-2000 by L.L. No. 7-2000]

(2)

Phase II: site plan approval by the Village Planning Board.

The Village Board's review of a special permit use application, including a riverfront development, shall also include review of a riverfront development concept plan which contains a proposed designation of the appropriate land uses, or a range of land uses, for the overall development of the subject site and its relationship to other lands within the RF Riverfront Development District. The purpose of this review is to assure that the lands within the RF District will be developed in accordance with an overall comprehensive plan, even though a total riverfront development may consist of several separate riverfront development projects which might be constructed at different times. The Village of Sleepy Hollow shall comply with all requirements contained herein, including submission of a riverfront development concept plan, for all Village-owned property within the RF District, except that an application for subdivision approval may be granted prior to the submission of a riverfront development concept plan.

[Amended 2-22-2000 by L.L. No. 7-2000]

§ 450-14 Application fees.

[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.

§ 450-15 Phase I: Procedure for special permit and riverfront development concept plan review.

[Amended 2-22-2000 by L.L. No. 7-2000]

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]

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.

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.

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.

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.[1]

[1]

Editor's Note: See Ch. 414, Waterfront Consistency Review.

(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.

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.

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.

§ 450-16 Phase II: Site plan review.

[Amended 2-22-2000 by L.L. No. 7-2000]

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.

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]

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.

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.

§ 450-17 Subdivision within riverfront development.

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.

§ 450-18 Design standards.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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]

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.

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.

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)

(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

[4]

Valet parking.

(8)

Off-street loading. Off-street loading shall be provided as the Village Board may find appropriate and necessary.

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.

Floodplain requirements. The riverfront development project plans shall comply with the applicable provisions of Chapter 220, Flood Damage Prevention, of the Village Code.

§ 450-19 Development incentives.

[Amended 2-22-2000 by L.L. No. 7-2000]

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.

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.

§ 450-20 Height and setback restrictions.

Building height and setback for land area south of Beekman Avenue. [For purposes hereof, the definition of "Beekman Avenue" shall be the center line of Beekman Avenue extended in a westerly direction from its intersection with the railroad right-of-way to the Hudson River shoreline (mean high tide).]

(1)

No portion of a building or structure shall be erected within 25 feet of the Hudson River except for a marina building, marine fuel service building or dock, a marina service building, requiring direct connection to the waterfront to service boats or other similar water-dependent uses as listed in §§ 450-10 and 450-11A. Such buildings shall not exceed 15 feet in height.

(2)

Beyond 25 feet from the Hudson River, no portion of a building or structure shall be erected to a height in excess of 35 feet. For buildings with structural parking provided within the building, building height may be increased to a height of 42 feet above grade.

Building height and setback for land area north of Beekman Avenue. [For purposes hereof, the definition of "Beekman Avenue" shall be the center line of Beekman Avenue extended in a westerly direction from its intersection with the railroad right-of-way to the Hudson River shoreline (mean high tide).]

(1)

No portion of a building or structure shall be erected within 25 feet of the Hudson River except for a marina building, marine fuel service building or dock, a marina service building requiring direct connection to the waterfront to service boats or other similar water-dependent uses as listed in §§ 450-10 and 450-11A. Such buildings shall not exceed 15 feet in height.

(2)

No portion of a building or structure shall be erected from 25 feet to 100 feet of the Hudson River except for a marina building requiring direct connection to the waterfront to service boats or other similar water-dependent uses as listed in §§ 450-10 and 450-11A. Such building shall not exceed 25 feet in height.

(3)

No portion of a building or structure shall be erected to a height in excess of 45 feet from 100 feet to 200 feet of the Hudson River.

(4)

No portion of a building or structure shall be erected to a height in excess of 65 feet from 200 feet of the Hudson River to 300 feet west of the west side of the Metro-North Railroad property.

(5)

No portion of a building or structure shall be erected to a height in excess of 42 feet between the west side of the Metro-North Railroad property and 300 feet west of the same.

(6)

No portion of a building or structure shall be erected to a height in excess of 65 feet to the east of the east side of the Metro-North Railroad property.

(7)

With respect to the areas to which Subsection B(4) and (6) immediately above apply, and notwithstanding the provision of said subsections, the Mayor and Village Board of Trustees, during the concept plan review process, may grant an increase in building length in excess of 65 feet where said Board finds that such increase would be consistent with the intent and purposes of the Village's Local Waterfront Revitalization Program and would not result in adverse impacts to view corridors, nearby landmarks or adjacent land uses.

[Amended 1-22-2013 by L.L. No. 1-2013]

§ 450-21 General development requirements.

[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.