Sleepy Hollow City Zoning Code
ARTICLE VIII
Supplementary Regulations Applicable to Specific Uses
§ 450-45 Swimming pools.
A.
Permits. A separate building permit and certificate of occupancy shall be obtained for each swimming pool, whether of permanent or temporary construction. A site plan shall be submitted for review by the Planning Board under the provisions of § 450-66. Such site plan shall show, among other things, the location of the pool, its relationship to any residences on abutting properties, and provisions for drainage and for required fencing.
B.
Location. No swimming pool shall be constructed or erected within 25 feet of a side or rear lot line in an R-1 District, or within 10 feet of a side or rear lot line in any other district in which permitted, nor within a required front yard in any district.
C.
Safety requirements. Every swimming pool shall be enclosed by a fence or wall at least four feet high, with a gate or other device that can be securely locked. Such fence or wall may enclose all or part of the lot on which a pool is located, except the required front yard. Such fence, to provide security, shall be solid or chain link type. Swimming pools shall comply with all requirements of the New York State Uniform Fire Prevention and Building Code.
[Amended 1-22-2013 by L.L. No. 1-2013]
§ 450-46 Limited retail and service uses.
A.
Limited retail and service uses accessory to a church, hospital, school or similar institution.
(1)
Such uses shall be conducted solely for the convenience of patients, students, resident staff or other inhabitants of such institution and shall be clearly subordinate and incidental to the principal use.
(2)
Such use shall be located entirely within the principal building or an accessory structure and shall have no sign, display or other external evidence of its existence visible from any lot line.
(3)
Such uses shall be limited to the sale of newspapers, periodicals, books, tobacco, drugs, cosmetics, flowers, candy, religious articles, gifts and similar items; the furnishing of personal services such as by laundries, dry cleaners, barbers, beauty shops and the like; and the purveying of beverages and meals for consumption on the premises. All of the above shall be as appropriate to the principal use and may be sold over the counter or through vending machines.
B.
Limited retail and service uses accessory to industrial operations.
(1)
Such uses shall be conducted solely for the convenience of staff and employees of an industrial activity in the absence of any existing retail establishments on or within 200 feet of such site.
(2)
Such uses shall be limited to sale over the counter or through vending machines of food, beverages, candy, tobacco and similar convenience items for consumption on the premises; and to banking or check-cashing service.
§ 450-47 Gasoline service stations.
A.
Location. No portion of the property used for a gasoline service station shall lie within 400 feet in a straight line of any lot or parcel that is used for a public or private school, a public library, a museum, a civic center, a hospital, a church or other place of worship, a public park or playground, a fire station or another gasoline service station.
[Amended 2-15-1994 by L.L. No. 1-1994]
B.
Placement of equipment and storage tanks.
(1)
All lifts, grease racks, mechanical washing apparatus and other equipment for servicing automobiles shall be located and operated within a building.
(2)
Fuel storage tanks shall be located underground, not less than 25 feet from any street line and not less than 15 feet from any side or rear lot line.
(3)
Fuel pumps shall be located not less than 15 feet from a street line, in such a manner that vehicles being serviced do not encroach upon a public right-of-way.
C.
Sewer connection. No floor or area drains of a gasoline service station shall be connected to a public sanitary sewer, nor shall surface drainage contaminated by petroleum products be permitted to drain into any natural watercourse in the Village.
§ 450-48 Sale of new or used automobiles.
A.
Location. No portion of the property used for the sale of new or used automobiles shall lie within 400 feet in a straight line of any lot or parcel that is used for a public or private school, a public library, a museum, a civic center, a hospital, a church or other place of worship, a public park or playground, a fire station or another establishment for the sale of new or used automobiles.
[Amended 2-15-1994 by L.L. No. 1-1994]
B.
Development.
(1)
Any lot or parcel used for the sale of new or used automobiles shall be paved with asphaltic concrete or other durable dustless surface and shall be provided with a landscaped buffer strip at the side and rear lot lines, as described in § 450-36C, and along the street line, between any access and exit driveways.
(2)
An on-site sales office shall be provided on every lot used for the sale of new or used cars. Such sales office and any other activities incidental to the operation of the use shall be housed in fixed structures; the use of trailers for such purpose is expressly prohibited.
§ 450-49 (Reserved) [1]
[1]
Editor's Note: Former § 450-49, Restaurants, delicatessens, food service establishments, taverns, bars and drinking establishments, added 7-18-1989 by L.L. No. 12-1989, was repealed 8-24-2021 by L.L. No. 3-2021.
§ 450-50 Motor vehicle repair shops.
[Added 2-15-1994 by L.L. No. 1-1994]
No portion of the property used for a motor vehicle repair shop shall lie within 400 feet in a straight line of any lot or parcel that is used for a public or private school, a public library, a museum, a civic center, a hospital, a church or other place of worship, a public park or playground, a fire station or another motor vehicle repair shop.
§ 450-51 Mixed-use (commercial and residential) developments.
[Added 2-15-1994 by L.L. No. 1-1994]
Dwelling units may be permitted on the upper (non-first-story) levels of buildings in accordance with the following conditions:
A.
Mixed-use developments shall only be permitted in buildings which conform to the New York State Uniform Fire Prevention and Building Code for the proposed mixed use.
B.
The nonresidential use of a mixed-use building must be a permitted principal use in the zoning district in which it is located.[1]
C.
The residential and nonresidential uses of the mixed-use building shall have separate means of access (that is, the entrance/exit for the residential use shall not be through the nonresidential use of the building and vice versa), except that the Planning Board may, at its discretion, approve the use of a common lobby or plaza.
D.
All utility, storage, service and parking areas on the site of the mixed-use building shall be screened by means of landscaping and/or fencing to the extent deemed necessary and practical by the Planning Board to minimize the impact of these areas upon the residential use of the building.
E.
Mixed-use developments shall not be permitted where the nonresidential use of the building includes manufacturing or where the nonresidential use is automotive in nature; provided, however, that the non-mechanized, non-assembly line, small-batch production and assembly of finished products or component parts, typically by hand, and including design, non-noxious or environmentally deleterious processing, fabrication, assembly, and treatment, and packaging of finished products shall be permitted as the nonresidential use in mixed-use developments.
[Amended 8-24-2021 by L.L. No. 3-2021]
§ 450-52 Car washes.
[Added 2-15-1994 by L.L. No. 1-1994]
No portion of the property used for a car wash shall lie within 400 feet in a straight line of any lot or parcel that is used for a public or private school, a public library, a museum, a civic center, a hospital, a church or other place of worship, a public park or playground, a fire station or another car wash.
§ 450-53 Off-site parking areas.
A.
Ownership of site. An off-site parking area, as described in § 450-41B(4), shall be located on land in the same ownership or leasehold as that of the land on which is located the use to which it is appurtenant.
B.
Location. An off-site parking area shall be so located that its pedestrian access shall be within 500 feet from the effective entrance to the use which it serves.
[Amended 8-24-2021 by L.L. No. 3-2021]
C.
Safety and neighborhood impact. An off-site parking area shall be conveniently usable without causing hazard to pedestrians or to vehicular traffic; traffic congestion, such as due to turning movements; detriment to the appropriate use of other property in the immediate vicinity; or detriment to any residential neighborhood.
D.
Site plan. A site plan and map indicating the location of a proposed off-site parking area, its relationship to the principal use to which it is appurtenant and to public and quasi-public uses within 300 feet, and provisions for signs, for drainage and for access shall be submitted to the Planning Board as provided in § 450-66.[1]
[1]
Editor's Note: Former Subsection E, regarding parking for existing uses, buildings, structures, and narrow parcels, which immediately followed, was repealed 10-4-2022 by L.L. No. 9-2022.
§ 450-54 Vehicular access to commercial uses.
[Amended 1-22-2013 by L.L. No. 1-2013]
The following standards of design and location shall apply to the means of vehicular ingress and egress pertaining to any lot or parcel used for commercial purposes:
A.
Width at the property line. Entrance and exit driveways shall be not less than 15 feet nor more than 25 feet in width, measured along the street line.
B.
Location with respect to a side lot line. Entrance and exit driveways shall be located not less than 15 feet from a side lot line, measured along the street line.
C.
Location with respect to intersecting streets. Entrance and exit driveways shall be located not less than 25 feet from the corner of intersection streets, measured along the street lines.
§ 450-55 Adult entertainment use businesses.
[Added 3-16-1994 by L.L. No. 2-1994]
A.
Purpose.
(1)
In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(2)
The unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Village of Sleepy Hollow in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area, leaving it in a vacant and depressed state.
(3)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Sleepy Hollow.
(4)
Adult entertainment use businesses exhibit such characteristics. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses. In order to prevent the unrestricted proliferation of such businesses and to ensure that those effects will not adversely affect the health, safety and economic well-being of the community, the Village Board of Trustees of Sleepy Hollow finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Village of Sleepy Hollow.
B. ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT ENTERTAINMENT USE ADULT MOTEL ADULT MOTION-PICTURE THEATER BUSINESS MASSAGE MASSAGE ESTABLISHMENT MASSAGE TECHNICIAN PEEP SHOWS PERSON SCHOOL SEXUAL ACTIVITIES
Definitions. For the purpose of this section, the following phrases and words shall have the meanings assigned below, except in those instances when the context clearly indicates a different meaning:
An establishment, whether retail or wholesale, that has as a substantial portion of its stock-in-trade books, magazines, recordings, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing on or off the premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For the purpose of this definition only, "substantial" shall mean comprising an area that is 10% or more of the total floor area available to patrons.
A public or private establishment which presents topless or nude dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments.
[Amended 1-22-2013 by L.L. No. 1-2013]
Any use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret, adult motel, massage establishment or peep show as those terms are defined herein.
A motel which is open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would be open to the public generally but would exclude any minor by reason of age.
An enclosed or unenclosed building, structure or any portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.
Any person, firm, association, partnership, corporation or other entity, whether for-profit or not-for-profit.
A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York, nor barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulder(s). This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities for the welfare of the residents of the area.
Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health care practitioner duly licensed by the State of New York.
A theater which presents materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.
Any facility, public or private, which offers classes or provides other educational services for minors.
Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or breasts.
C.
No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use business within the Village of Sleepy Hollow unless such use meets the following standards:
(1)
No more than one adult entertainment use as defined above shall be located on any individual lot.
(2)
No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes, or vice versa, including nonconforming residential uses.
(3)
No adult entertainment use shall be closer than 500 feet to any lot line of any other lot on which there is another adult entertainment use.
(4)
No adult entertainment use shall be established on a lot, or a portion thereof, that is closer than 500 feet to any residential district or nonresidential district which permits a residential use.
(5)
No adult entertainment use shall be established closer than 200 feet to the lot line of any church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.
(6)
No adult entertainment use shall be established unless the provisions of this chapter related to parking requirements and the provisions of Chapter 338, Signs, related to signage, and all other applicable regulations of the Village of Sleepy Hollow have been met. Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation, etc., of the Village of Sleepy Hollow, the most restrictive law, rule or regulation, etc., shall apply.[1]
[1]
Editor's Note: Original Subsection (7), Nonconformity, which immediately followed this subsection, was repealed 1-22-2013 by L.L. No. 1-2013.
§ 450-56 Wireless communications towers, antennas and satellite dishes.
[Added 11-2-1998 by L.L. No. 13-1998]
A.
Purpose and goals.
(1)
Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas and satellite dishes.
(2)
Goals.
(a)
The goals of this section are:
[1]
To establish clear standards for the siting of wireless communications facilities, buildings and structures, equipment, communications towers, antenna towers and monopoles.
[2]
To promote the health, safety and general welfare of the residents of Sleepy Hollow through the establishment of minimum standards to reduce the adverse visual effect of communications facilities, including, but not limited to, transmission towers and antennas, through the use of advanced technology, careful design, siting and screening and buffering.
[3]
To protect residential areas and land uses and property values from potential adverse impacts of towers and antennas.
[4]
To encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
[5]
To require users of communications towers and antennas to configure them in a way that minimizes adverse visual, aesthetic and community character intrusion impacts caused by the installation and view of communications towers and antennas, through careful design, siting, landscape screening and buffering, sufficient setbacks to reduce visual impacts to adjacent property and innovative camouflaging techniques such as alternative tower structures, thereby protecting the physical appearance of the community and preserving its scenic and natural beauty.
[6]
To enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
[7]
To minimize the total number of communications facilities and communications towers throughout the community.
[8]
To encourage the joint use of new and existing communications tower sites as a primary option rather than construction of additional single-use communications towers, while recognizing that collocation on higher towers is not always preferable to two less visible, less obtrusive shorter towers; thereby maximizing the use of existing communications towers or alternative antenna host sites; however not unreasonably limiting competition among communications providers nor unreasonably limiting reception of receive-only antennas.
[9]
To assure the integrity and financial soundness of any communications facility firm seeking to build a wireless communications facility in the Village of Sleepy Hollow.
[10]
To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(b)
In furtherance of these goals, the Village of Sleepy Hollow shall give due consideration to the Village's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATIVE TOWER STRUCTURE ANTENNA ANTENNA TOWER BACKHAUL NETWORK COLLOCATION COMMUNICATIONS FACILITY COMMUNICATIONS TOWER FAA FCC HEIGHT
Definitions. As used in this section, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa for television, radio, data, imagery, telephone or other forms of telecommunications, including receiving and transmitting antennas and satellite dish antennas.
A tower supported by guy wires or a freestanding lattice-type antenna support structure.
The lines that connect a provider's tower/cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
The siting and/or mounting of multiple communications facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or communications tower.
Any site containing a communications tower, associated buildings, structures and equipment; and/or receiving and/or transmitting antenna, and monopoles, but excluding a satellite dish antenna less than one meter in maximum diameter in a residential district or less than two meters in maximum diameter in a nonresidential district that does not produce or contribute to the production of emission levels exceeding the emission standards adopted from time to time by the Federal Communications Commission, based on the maximum equipment output.
A structure, including antenna towers and monopoles, on which an antenna, or other communications device and equipment, is or has been located for television, radio, data, imagery, telephone or other forms of telecommunications. All communications towers shall be considered a building for the purposes of this chapter.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antennas.
C.
Applicability.
(1)
New installations.
(a)
Satellite dish antennas more than 18 inches in maximum diameter but not more than 48 inches in maximum diameter and antennas more than 12 feet in height but not more than 18 feet in height in a residential district, which do not exceed the maximum permissible exposure limits as recommended by the FCC, from time to time, shall be subject to the locational siting requirements set forth in Subsection E.
(b)
Satellite dish antennas more than 60 inches in maximum diameter and antennas, antenna towers, communications towers, monopoles, associated buildings, structures and equipment more than 25 feet in height in the H, C-1 and C-2 Districts shall be subject to the requirements set forth in this section.
(c)
Satellite dish antennas greater than 48 inches in maximum diameter and antennas greater than 18 feet in height shall not be permitted in a residential district.
(2)
"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.
D.
Regulatory compliance.
(1)
Enabling authority. The Planning Board of the Village of Sleepy Hollow is hereby authorized to review and approve, approve with modifications, or disapprove special use permits and site plans under this chapter consistent with Village Law § 7-725-a and § 7-725-b.
[Added 1-25-2005 by L.L. No. 1-2005]
(2)
No communications facility shall be located, constructed or maintained on any lot, structure or land area, except in conformity with this chapter.
(3)
All communications facilities, equipment and devices shall be securely mounted to withstand the wind loads for the place of installation in accordance with the New York State Uniform Fire Prevention and Building Code.
(4)
All communications facilities shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable codes adopted by the Village.
(5)
All communications facilities shall be in conformity with any other construction or performance standards, including approved fastening devices and techniques that ensure proper mounting, approved materials and methods for electrical connections, adequate structural support, etc.
[Amended 1-22-2013 by L.L. No. 1-2013]
(6)
All communications facilities shall be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communications facilities and uses, antenna and/or supporting structures and towers, including, without limitation, the FCC and the FAA.
(7)
All communications facilities shall be operated and maintained by an FCC licensee only.
(8)
All communications facilities shall be shown to be necessary to provide coverage to an area of the Village which currently is proven to include inadequate coverage and that any related communications tower or antenna is proposed at the minimum height and aesthetic intrusion possible to provide that necessary coverage. The applicant seeking to locate a communications facility in the Village of Sleepy Hollow shall demonstrate the need for new or additional antennas or communications towers.
(9)
All communications facilities, if proposed for placement on a lot that abuts a residential district, shall prove that adequate coverage cannot be achieved by siting the facility on a lot which does not abut a residential district.
(10)
All communications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate communications towers and antennas. If such standards and regulations are revised or amended, then the owners of the communications facility governed by this chapter shall have 30 days to bring such communications facility into compliance with such revised or amended standards and regulations. Failure to bring the communications facility into compliance with such revised or amended standards and regulations in the time frame specified shall constitute grounds for the removal of the tower or antenna at the owner's expense.
E.
Communications facility siting.
(1)
No installation shall be permitted in, or to project into, any required landscape buffer area required by this chapter.
(2)
The siting of a communications facility on property owned by the Village of Sleepy Hollow shall be encouraged.
(3)
The collocation and sharing of existing or proposed communications facilities and communications towers for mounting of antennas or related equipment is encouraged and shall be preferred to the construction of new communications facilities and communications towers. When an applicant proposes collocation of proposed antennas and communications facilities on an existing communications tower, building or structure, the applicant must demonstrate and certify that the existing communications tower, building or structure will be properly adapted to the placement of additional antennas. The applicant shall identify the capacity of the communications tower, building or structure to accommodate additional antennas and shall address necessary screening and buffering, landscaping and additional safety measures necessitated by collocation. Any communications facility which is not collocated shall present and certify evidence as to why collocation is not possible, including evidence such as the following:
(a)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Building Inspector an inventory of its existing towers and antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Sleepy Hollow or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Building Inspector may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Village of Sleepy Hollow; provided, however, that the Building Inspector is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(b)
Evidence that no feasible host sites or existing communications facilities, communications towers and buildings or structures are located within the geographic area which meet the applicant's engineering system and service requirements.
(c)
Evidence that existing communications facilities, communications towers and buildings or structures are not of sufficient height to meet the applicant's engineering system and service requirements.
(d)
Evidence that existing communications facilities, communications towers and buildings or structures do not have sufficient structural strength to support the applicant's proposed communications facility equipment or antenna.
(e)
Evidence that there is an inability to use existing sites in a technologically feasible manner consistent with the applicant's engineering system and service requirements.
(f)
Evidence that the applicant's proposed antenna would cause electromagnetic interference with any antenna on the existing communications towers, buildings or structures, or the antenna on the existing communications towers or structures would cause interference with the applicant's antenna.
(g)
Evidence that the fees, costs or contractual provisions required by the owner in order to share an existing communications tower, building or structure or to adapt existing communications towers, buildings or structures for purposes of collocation and sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(h)
Evidence that the applicant has demonstrated that there are other limiting factors that render existing communications towers, buildings or structures unsuitable.
(i)
Evidence that the applicant has demonstrated that alternative technology or communications facilities which do not require the use of towers are unsuitable. Costs of such alternative technology or communications facilities which exceed new tower or antenna development shall not be presumed to render the alternative technology or communications facilities unsuitable.
(4)
All antennas shall be mounted in the rear yard or on the roof of a principal building, unless reception is proven to be inhibited or where visibility would be increased, and shall comply with the following, in descending order:
(a)
Unless wall-mounted on an existing roof-mounted mechanical enclosure or similar appurtenance, any antenna mounted on a roof shall be located to the rear of the roof center line so that visibility of the installation is limited to the greatest extent practicable when viewed from the front yard, but in no case shall the height of the antenna exceed the height of the roof at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district. An antenna which is wall-mounted on a roof-mounted mechanical enclosure or similar appurtenance shall not exceed the height of the appurtenance at the point of installation.
(b)
An antenna located in the rear yard shall be mounted on a secure supporting structure and shall not exceed 18 feet in total height in a residential district and 25 feet in height in a nonresidential district, unless the support structure abuts the principal structure, in which case the total height shall not exceed the height of the roof at the point of installation by more than seven feet in a residential district and 15 feet in a nonresidential district.
(c)
If roof installation or rear yard installation is proven to inhibit reception, wall mounting shall be permitted in the side yards at least 15 feet from the front yard, provided that the height of the antenna shall not exceed the height of the roofline at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district. Wall mounting in the front yard, and in the side yard within 15 of the front yard, shall be permitted, provided that the height of the antenna does not exceed the height of the roof or parapet. A wall-mounted antenna shall be at least 20 feet above ground level and shall not project more than two feet into the front yard.
(d)
If the above provisions are proven to inhibit reception and/or transmission, a monopole or antenna tower may be considered, subject to the design requirements set forth in Subsection F. No new communications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.
F.
Design requirements for all communications towers, antenna towers or monopoles.
(1)
Height and service coverage. Any proposal for a communications tower, antenna tower or monopole shall prove that the height is the minimum necessary for adequate reception and transmission to meet the applicant's service coverage needs and does not exceed 80 feet.
(2)
Alternatives. No fewer than three alternatives for providing effective service coverage shall be presented. Proposals that incorporate use of existing towers, structures or existing utility lines shall be considered a collocated facility, as set forth in Subsection E(3). Any proposal which minimizes visual impacts shall be considered a preferred alternative. An applicant shall have the responsibility to prove that an alternative which reduces impacts is not feasible.
(3)
Provision for additional antennas. The approving agency may require that a communications tower, antenna tower or monopole be designed structurally, electrically and in all respects to accommodate both the applicant's antenna and comparable antennas for at least two additional users or service providers. All such communications towers must be designed to allow for future rearrangement of the antennas located upon the tower and to accept antennas mounted at varying heights.
(4)
Setbacks. All communications towers, antenna towers or monopoles shall be located within the setbacks and separated from all boundary lines of the lot on which they are located as required by the Schedule of Regulations.[1] The separation area shall be landscaped to provide effective all-season screening and buffering which reduces visual, aesthetic and community character intrusion impacts on adjacent properties, the surrounding neighborhood and on distant viewsheds and scenic areas. Alternative tower structures shall be utilized where possible and shall be preferred to typical tower installations.
[1]
Editor's Note: The Schedule of Regulations is located at the end of this chapter.
(5)
Security and safety fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Board may waive such requirements, as it deems appropriate. In any event, security and safety fencing shall be located around all communications towers, equipment and related facilities to restrict unauthorized access. Access to all structures shall be through a locked gate or principal building. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anti-climbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector. In addition:
(a)
All communications towers, antenna towers, monopoles and other supporting structures shall be made inaccessible to nonauthorized persons, particularly children, and shall be constructed or shielded in such a manner that they cannot be climbed.
(b)
All transmitter controls that could cause the transmitter to deviate from its authorized operating parameters shall be designed and installed in such a manner that they are readily accessible only to persons authorized by the licensee to operate or service.
(c)
All transmitters used with in-building radiation systems shall be designed in such a manner that, in the event that an unauthorized person does gain access, that person cannot cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.
(d)
All transmitters (other than hand-carried or pack-carried mobile transmitters) and control points shall be equipped with a visual means of indicating when the control circuitry has been put in a condition that should cause the transmitter to radiate.
(e)
All transmitters shall be designed in such a manner that they can be turned off independently of any remote-control circuits.
(6)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this section would be better served thereby.
[Amended 1-22-2013 by L.L. No. 1-2013]
(a)
All communications facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment. The installation shall be landscaped with a buffer of plant materials that effectively screens the view of the installation from property used for residences. The area surrounding the installation, other than the area necessary to maintain a clear line of sight to the signal source, shall be landscaped and maintained with trees, shrubs and ground cover to maximize screening and visual buffering. An existing natural vegetative buffer which meets or exceeds the above requirements may be substituted or enhanced for said requirements. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b)
The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material on the fencing.
(c)
The base of any communications tower and any accessory structure shall be effectively screened using primarily vegetative screening, including a continuous evergreen screen planted in a natural setting and consisting of native plant species. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen and buffer all structures from nearby properties or important viewsheds or scenic areas.
(d)
All landscaping shall be properly maintained to ensure continued screening and buffering.
(7)
Coloring and marking.
(a)
Unless otherwise required by the FAA or FCC, all communications facilities, including antenna and communications towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided that such coloring, camouflage or shielding does not inhibit their effectiveness. They shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color or any other color recommended by the Architectural Review Board so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(8)
Signals and lights. No communications tower, antenna tower or monopole shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide evidence mandating any requirement for lighting. If lighting is required, said lighting shall be shown to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be minimized and shall be properly shielded to prevent light emission and glare onto adjacent properties.
(9)
Signage. No signs, including advertising signs, shall be permitted on any antenna communications tower, antenna tower or monopole or antenna support structure, except as follows:
(a)
Signs specifically required by a federal, state or local agency.
(b)
Each site shall include a sign containing the name of the owner and operator of any antenna present, including an emergency phone number. In addition, any door having access to a roof-mounted antenna and all entrances to the fence enclosure shall be similarly signed.
G.
Operational certification.
(1)
Within 45 days of initial operation or modification of a communications facility, communications tower, antenna tower or monopole, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer, with the qualifications set forth in Subsection M(8), that the operating facility is in compliance with the application submitted, any conditions imposed and all other provisions of this chapter, in order to continue operations past the forty-five-day period.
(2)
The Village may confirm and periodically reconfirm compliance as necessary to ensure that the provisions of this chapter, including nonionizing electromagnetic radiation (NIER) level thresholds, are in compliance.
(3)
If any approved communications facility is found not to be in compliance, said communications facility shall immediately cease operation.
(4)
A yearly inspection report on emissions and structural soundness shall be submitted in writing to the Building Inspector. Failure to submit such report shall be grounds for the Building Inspector to cause the operations of the facility to cease.
H.
Interference.
(1)
No permit shall be issued for any transmitting antenna which interferes with the reception or transmission of any preexisting FCC-approved communications device or antenna which complies with current FCC standards and requirements.
(2)
If interference results from the operation of any newly approved transmitting antenna, the owner or operator of that most recently installed antenna shall immediately eliminate the interference or cease operation of the facility.
(3)
Failure to correct or eliminate the interference shall be subject to the immediate revocation of any and all special permits, as issued by the Village of Sleepy Hollow.
I.
State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
J.
Alterations. Alteration of an existing facility, shall be subject to the same procedure, rules and regulations applicable to an original application. Alterations shall include replacing or changing of an antenna(s) or related equipment; increasing the electromagnetic emission of an antenna(s), or change in site conditions or facility location.
[Amended 1-25-2005 by L.L. No. 1-2005]
K.
Registration.
(1)
The Village of Sleepy Hollow Building Department shall maintain a list of the names and addresses of all operators and the type and maximum emissions of all communications facilities and all other antennas granted a special permit or variance.
(2)
If the name or address of the owner or operator of any communications facility or communications tower is changed, the Building Department shall be notified of the change, in writing, by the operator within 30 days of said change.
L.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Alliance, as amended from time to time. If, upon inspection, the Building Inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
M.
Application requirements.
(1)
A full environmental assessment form (EAF), including a visual EAF addendum, shall be provided. Following review of the EAF and visual EAF addendum, a visual impact analysis study may be required by the approving agency to further assess the potential visual and aesthetic impacts incurred by implementation of the proposed action. The methodology and scope of study for any visual analysis shall be approved by the approving agency and shall address potential impacts on nearby viewsheds, ridgelines, scenic features, historic sites and structures and community compatibility issues with nearby land uses.
(2)
A service coverage map and report shall be provided. The service coverage map shall show and describe all existing and proposed areas of service coverage relating to the proposed communications facility. The service coverage map shall locate all existing sites in the Village and in bordering communities which contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall indicate why the proposed communications tower, equipment and facility are necessary. The report shall identify locations within the proposed project site service coverage area which are not, and could not be, served by either existing facilities, by collocation or by other development alternatives such as development of facilities on Village-owned properties or utilization of alternative technology or an alternative tower structure.
(3)
A long-range communications facilities plan shall be provided, evidencing that the proposed location of the communications facility and supporting buildings and equipment has been planned to result in the fewest number of communications transmission tower locations within the Village of Sleepy Hollow. The plan shall indicate how the applicant intends to provide service throughout the Village and how the applicant plans to coordinate with all other providers of wireless communications services in the Village of Sleepy Hollow. The plan shall address the applicant's planned and possible location of additional tower sites, additional antennas, related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and tower height, community intrusion impacts and visual and aesthetic impacts.
(4)
Documentation, sufficient to demonstrate that the proposed communications tower height and bulk is the minimum height and bulk necessary to provide licensed communications services to locations within the Village of Sleepy Hollow which the applicant is not able to serve with existing facilities in the project site area, shall be provided, including evidence that visual, aesthetic and community character intrusion impacts have been minimized to the greatest extent practicable. Documentation regarding height and bulk should address any variations in height and bulk necessary to accommodate collocation of additional antennas and related equipment and facilities.
(5)
In addition to all other applicable site plan requirements specified in this chapter, all applications shall include the following:
(a)
A scaled site plan, including elevations and construction details, showing existing and proposed communications facilities, buildings and structures.
(b)
Height, width, depth, location and configuration of communications towers and any supporting guy wires or other supporting or anchoring devices.
(c)
Material types, colors and light.
(d)
Number and type of antennas, including receiving and/or transmitting equipment.
(e)
Legal description of the subject property or lot and that of any leased parcel.
(f)
Information about collocated or future communications facilities, equipment, buildings and structures or other related facilities, including the relationship of the height of the communications tower to the feasibility of collocation of additional communications facilities.
(6)
A written description of the existing setting and how the elements of the proposed communications facility, communications tower and antenna are blended into that setting; the design of buildings and related structures shall use materials, colors, textures, screening and landscaping which blend them into the existing natural setting and surrounding buildings and structures.
(7)
A structural engineering safety and compliance report and certification, prepared by a New York State licensed professional engineer specializing in structural engineering, shall be provided. The report shall certify the structural integrity of the proposed communications tower, antenna and related equipment and facilities. The report shall demonstrate the compliance of all structures with all applicable standards and requirements and shall describe the capacity of that structure, including wind load and the number and type of antennas it can accommodate. Illustrations shall be utilized as necessary. In the case of antennas being mounted on an existing tower or structure, the equivalent of the above-required information shall be provided about the existing tower or structure.
(8)
An emissions safety and compliance report and certification, prepared by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio and cellular telecommunications regulations, technology and facilities, shall be provided. The report shall certify the safety of all emissions of the proposed facility and shall include documentation to address the following:
(a)
Evidence of an FCC license/permit to grantee/applicant, including information regarding all related permitting standards and specifications.
(b)
A copy of the Village of Sleepy Hollow application form.
(c)
The location of the nearest residential structures adjacent to the property line.
(d)
The location of the nearest occupied structures adjacent to each property line.
(e)
The location, size, height, construction and operating specifications of all proposed and existing communications uses and facilities, including:
[1]
The quantity, type (make, model and manufacturer) and design of any antenna proposed and the basis for the calculations of capacity.
[2]
The frequency, modulation and class of service of all communications equipment.
[3]
Transmission and maximum effective radiated power of any antenna.
[4]
Direction of maximum lobes and associated radiation of any antenna.
[5]
A description of the proposed antenna and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and light.
[6]
A map depicting and listing all existing sites in the Village and bordering communities containing transmitting antennas used by the operator, owner or applicant.
[7]
Elevation drawings depicting the front, side and rear of the property, illustrating any proposed antenna, mounting device and supporting or related structure and building, if any, on which said antenna is to be mounted or sited.
(f)
Certification that the NIER levels are within threshold levels adopted by the FCC or any subsequent superseding emission standard adopted by the FCC, based on the maximum equipment output.
(g)
Certification that any antenna will not cause interference with existing communications devices.
(h)
An industry-approved propagation model using applicable contour biases.
(9)
The location and configuration of all existing and proposed site access driveways, including construction details indicating the length, width, grading, drainage and driveway profile and proposed surface material, shall be described and mapped. Any fence or gate related to the site access driveway shall be shown, including provision for police, fire or emergency vehicle access to the site and facilities.
(10)
A detailed landscape plan shall be provided showing existing and proposed vegetation, including areas to remain undisturbed; specimen trees; height of the surrounding tree line; vegetation to be removed; walls and fences; the location, quantity, type (scientific and common name), installation size and root conditions of proposed plantings; and installation details of all proposed plantings. The landscape plan shall illustrate how proposed plantings, fences and walls will provide required screening and buffering.
(11)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
N.
General requirements. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Board:
(1)
In granting a special use permit, the Planning Board may impose conditions to the extent that the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(2)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(3)
Expiration of special permit. Unless otherwise specified in the resolution of the Planning Board, all special permits issued under this section shall expire five years after they are issued. A special permit issued under this section shall be deemed to authorize only the particular use or uses specified in the permit and shall expire upon termination of the use. Upon expiration of the special permit, the applicant shall be required to file a new application for a special permit and shall be subject to the same procedure, rules and regulations applicable in an original application.
[Amended 1-25-2005 by L.L. No. 1-2005[2]]
[2]
Editor's Note: This local law also repealed former Subsection N(4), Architectural Review Board, which immediately followed this subsection.
O.
Bond required. As a condition of granting any special permit for the construction of a tower or monopole under this chapter, the Planning Board shall require the applicant to post a bond, in the amount determined by the Planning Board, based on engineering estimates, to cover the cost of removing and disposing of the tower or monopole. The bond shall be maintained for so long as the tower or monopole remains in place. From time to time the Planning Board may adjust the amount of the bond and require the submission of a new or modified bond, based on engineering estimates of the cost of removing and disposing of the tower or monopole.
P.
Fees. The applicant for a special use permit under this section shall pay to the Village a fee with the filing of the application as set forth in the fee schedule included at the end of Chapter 200, Fees.
[Amended 1-22-2013 by L.L. No. 1-2013]
Q.
Escrow account. The applicant shall provide funds to an escrow account, in an amount as established for site plan review, to allow the Village to retain such technical experts as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial and technical practicability of alternatives that may be available to the applicant.
[Amended 1-22-2013 by L.L. No. 1-2013]
R.
Removal.
(1)
Any antenna, communications facility, communications tower, antenna tower or monopole, including any supporting structure and related appurtenances, or part thereof, that is not used for a period of six months in any twelve-month period shall be removed by, and at the expense of, the owner of the property or the operator of said facility.
(2)
An extension of an additional six months may be granted by the Building Inspector upon submittal of a written request for said extension, including proof as determined reasonable by the Building Inspector that the owner is actively engaged in marketing the property for sale or rent.
S.
Exemptions. The following devices and sources of nonionizing electromagnetic radiation are exempt from the above provisions and shall be permitted in all residential and nonresidential zones:
(1)
Machines and equipment designed and marketed as consumer products, such as walkie-talkies, remote-control toys and cellular telephones.
(2)
Hand-held, mobile, marine and portable radio communications transmitters and/or receivers.
[Amended 1-22-2013 by L.L. No. 1-2013]
(3)
Two-way radios utilized for temporary or emergency service communications.
(4)
Two-way radios utilized for governmental service communications.
(5)
Maintenance or repair of a conforming or legal nonconforming antenna, provided that such action is in compliance with this chapter.
(6)
Backup wireless transmitters connected to an alarm monitoring service that transmits to a remote monitoring center in the event of an emergency when the telephone lines are inoperable.
(7)
Towers and antennas for amateur radio services, state and Village of Sleepy Hollow Police and Highway Department, and Village emergency services, fire and ambulance, which are constructed, installed and in service at the time of the adoption of these regulations. Any modification to said installations shall be subject to the provisions set forth herein.
T.
Preexisting installations.
(1)
The current operator of any communications facility or communications tower, antenna tower or monopole, existing at the time that these regulations take effect, shall be permitted to remain in operation, provided that the operator submits proof within six months of the enactment of these regulations that a valid building permit was issued for the facility and that said facility complies with current emission standards as recommended by the FCC, as certified by a professional engineer with the qualifications set forth in Subsection M(8). Any facility for which emission and security compliance documentation is not received shall cease operation within six months of the enactment of these regulations and shall be immediately removed thereafter.
U.
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
V.
Franchises.
(1)
Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the Village of Sleepy Hollow have been obtained and shall file a copy of all required franchises with the Building Inspector.
(2)
Applicants for towers and monopoles are required to disclose whose wires will connect their antennas together or to provide any other information required by the Planning Board to evaluate whether the entity owning the wires needs a separate telephone franchise.
W.
Public notice. In addition to the notice required pursuant to Village Law § 7-725-b, the applicant shall give notice to all property owners within 400 feet of the proposed wireless communications facility. Should a multiple dwelling unit containing renters be within 400 feet of the proposed installation, notice of the public hearing shall be given to the owner of the multiple dwelling and shall be posted in a conspicuous place in the multiple dwelling building and the applicant shall provide an affidavit to the Planning Board prior to the public hearing verifying that the applicant has complied with the notice provisions set forth herein.
[Amended 1-25-2005 by L.L. No. 1-2005]
X.
Effect on inconsistent state law. Pursuant to New York Municipal Home Rule Law § 22, the provisions of this section are intended to supersede any inconsistent provision of New York Village Law.
Y.
Effect on other provisions of Village Code. The provisions of this section are intended to supersede any inconsistent provision of the Village Code of the Village of Sleepy Hollow.
§ 450-57 Continuing-care retirement communities.
[Added 7-17-2001 by L.L. No. 11-2001]
A.
Purpose and intent. It is the purpose and intent of this section to permit the development of residential communities which serve a diverse senior population having a wide range of abilities and needs. A continuing-care retirement community (CCRC) provides a continuum of care for residents through a variety of living environments and support services for older persons primarily 65 years or older, which may include independent housing for which residential support services are available, enriched housing units for which different levels of associated personal care and daily living support are provided, and resident-care facilities, including nursing-care facilities. Common dining, social and recreational facilities may also be made available.
B. CONTINUING-CARE RETIREMENT COMMUNITY (CCRC) ENRICHED HOUSING UNIT (EHU) INDEPENDENT LIVING UNIT (ILU) SKILLED NURSING BED (SNB)
Definitions. As used in this section, the following terms shall have the meanings set forth below:
A facility designed and established to provide a comprehensive continuum of care for older persons and oriented to the enhancement of the quality of life. A continuing-care retirement community shall provide a variety of living arrangements suited especially to the needs of older persons, including independent-living units, enriched housing units, skilled nursing beds, and common dining, social and recreational facilities. A continuing-care retirement community shall provide a range of resident care and social services and may include nursing care facilities. Dwelling units in a continuing-care retirement community may be provided in any combination of one-family dwellings, attached dwellings, and multiple dwellings. Accessory uses may be provided in any combination of principal buildings or accessory buildings or structures.
A dwelling unit in a CCRC established and operated for the purpose of providing long-term residential care for persons primarily 65 years of age or older. It may include limited kitchen facilities and is designed, intended and operated for older persons needing assistance in daily care, including housekeeping, personal-care services, and supervision. Limited part-time ambulatory health-care services and common dining, social and recreational facilities may be made available.
A dwelling unit in a CCRC containing a kitchen or kitchenette and bathrooms, which is designed and intended for occupancy by older persons and for which housekeeping service and common dining, social and recreational facilities may be made available.
A bed in a CCRC facility which provides regular nursing care services, both temporary and long-term.
C.
Special permit uses. A continuing-care retirement community (CCRC) is hereby established as a special permit use within the H (Hospital) Zoning District as set forth in the attached Schedule of Regulations.[1]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
D.
Accessory uses. The following are permitted accessory uses within a CCRC:
(1)
Illuminated identification and directional signs.
(2)
Off-street parking, including structured parking.
(3)
Medical offices, limited to use by residents of the CCRC.
[Amended 1-22-2013 by L.L. No. 1-2013]
(4)
Pool, physical therapy and exercise rooms.
(6)
Common kitchen and dining facilities.
(7)
Common recreational facilities for the use of residents and visitors.
(8)
Common library, educational and social facilities for the use of residents and visitors.
(9)
Common laundry facilities.
(10)
Other customary accessory uses incidental to the principal use.
E.
Permitted density. The maximum permitted density of a continuing-care retirement community shall be one EHU, ILU or SNB per 9,160 square feet of lot area, in any combination.
F.
Off-street parking and loading.
(1)
Off-street parking may be provided in any combination of parking structures or on-grade areas, and the minimum number of required off-street parking spaces shall be as follows:
G.
Special permit approval. The Village Board may authorize the issuance of a special permit for a CCRC project, after a public hearing, provided that it shall find that the following conditions and standards have been met:
(1)
The CCRC use shall be of such character, intensity, size and location that it will be in harmony with the orderly development of the neighborhood in which the property is situated and will not be detrimental to the orderly development of adjacent districts.
(2)
Traffic involved in or conducted in connection with the CCRC, the size of the site in relation to it, and the location of the site with respect to the type, arrangement and capacity of streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is located.
(3)
The location, nature and height of building, walls and fences, and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(4)
Operations in connection with a CCRC use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights than would be the operations of any permitted use not requiring a special permit.
(5)
Parking areas will be of adequate size for the CCRC use, properly located and suitably screened from any adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(6)
The CCRC use shall be so located on the lot involved that it shall not impair the use and enjoyment of adjacent residential properties.
§ 450-58 Senior housing (affordable).
[Added 11-23-2004 by L.L. No. 12-2004]
A.
Purpose and intent. Pursuant to the public purpose of providing specialized affordable housing facilities for senior citizens to meet the special housing, health care, social and recreational needs of this segment of the population, the Mayor and Board of Trustees establishes a special permit use, senior housing (affordable) (SH), that permits the development of multifamily senior housing as specified herein.
B.
The SH special permit use is allowed in the R-5 Multiple Residence, Moderate Density (R-5), R-6 Multiple Residence, High Density (R-6) and C-2 Central Commercial (C-2) Districts, subject to the following standards and requirements.
[Amended 1-22-2013 by L.L. No. 1-2013]
C. AFFORDABLE SENIOR CITIZEN FACILITY SENIOR DAY-CARE FACILITY SENIOR INDEPENDENT-LIVING FACILITY
Definitions. As used in this section, the following terms shall have the meanings set forth below:
A residential dwelling unit made available for sale or rent such that the shelter portion of the housing cost is below the market price of such units as determined in accordance with Subsection P below.
[Amended 1-22-2013 by L.L. No. 1-2013]
A facility with limited operating hours where specialized care-giving and supervision are provided for three or more adults who may have difficulties with one or more essential activities of daily living, such as feeding or mobility, away from their own homes for fewer than 24 hours per day.
A building, portion of a building or group of buildings containing dwelling units with full kitchens specially designed for use and occupancy by the elderly which may have common amenities but no common dining and whose occupancy is restricted to persons 62 years of age or older or couples where one member is 62 years of age or older.
D.
Special permit uses. An affordable senior housing community consisting of a building or buildings erected, altered or used for senior independent living shall be permitted as a special permit use within the R-5, R-6 and C-2 Districts as set forth in the Schedule of Regulations.[1]
[Amended 1-22-2013 by L.L. No. 1-2013]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
E.
Accessory uses. Senior housing floating districts may contain or provide uses necessary to and customarily incidental to such facilities where such uses are limited to use by residents, their guests and employees as follows:
F.
Height.
(1)
No principal building shall exceed four stories or 50 feet in height. The height shall be calculated as the vertical distance measured at each point along the base of the building from the finished grade at that point to the highest point of a flat roof directly above or to the midpoint of a pitched roof directly above. Any proposal that exceeds the above-referenced height must apply to the Mayor and Board of Trustees for a special permit. The Mayor and Board of Trustees will take into account the compatibility of the proposed increase in building height with the surrounding residential neighborhood.
(2)
No accessory building shall exceed one story or 12 feet in height.
G.
Plot area; frontage; density of population.
(1)
Every project under this section shall occupy a plot of not less than 0.4 acre. There shall be a minimum of 100 feet of frontage. The maximum allowable density for the SH use shall be calculated based on the following density:
Type of Facility | Maximum Units/Acre | |
|---|---|---|
Senior independent living | 100 |
H.
Building area. In the case of SH developments, the maximum coverage of land by principal and accessory buildings shall not exceed 80% of the lot area.
I.
Floor area.
(1)
Buildings containing the following senior citizen facilities shall have the following minimum and maximum gross habitable floor areas per unit:
[Amended 1-22-2013 by L.L. No. 1-2013]
Type of Facility | Minimum Floor Area/Unit (square feet) | Maximum Floor Area/Unit (square feet) | |
|---|---|---|---|
Senior independent living | 600 | 1,600 |
(2)
For senior independent facilities, a minimum of 40% of the dwelling units shall be one-bedroom units. No dwelling unit shall contain more than two bedrooms.
(3)
No basement apartments shall be permitted in any senior citizen facility, other than one such apartment for the use of a superintendent, custodian or other person in charge of the maintenance of such dwelling.
J.
Required yards and perimeter buffer areas.
(2)
There shall be a minimum perimeter buffer of 10 feet around all SH communities, suitably landscaped and permanently maintained with planting of trees and shrubs in accordance with specifications of an approved site plan.
(3)
The Board of Trustees may, in its discretion, modify these yard and perimeter buffer area requirements when issuing a special permit for an affordable senior housing project or expansion of an existing affordable senior housing project. The Board of Trustees will consider whether modified yard and buffer area requirements will adversely affect adjoining properties and the surrounding neighborhood.
[Added 8-22-2006 by L.L. No. 2-2006]
L.
Open space and amenity space. A minimum of 25 square feet per dwelling unit of indoor common amenity space other than dining space shall be provided. A minimum of 50 square feet of common outdoor active and passive recreation and open space shall be provided per dwelling unit.
M.
Design features.
(1)
All senior citizen facilities shall be designed to meet the special needs of senior citizens and at a minimum shall contain the following:
(a)
A call button monitoring or equivalent system within each dwelling unit for emergency calls to on- or off-site emergency personnel.
(b)
Exterior access, at a minimum of two locations, without steps.
(c)
Grab bars in all tub and shower stalls.
(d)
Corridor length and design to facilitate wayfinding.
(e)
Elevators required for access to all units above the first story, suitably designed to accommodate the needs of emergency service personnel.
(f)
Nonskid floors.
(g)
Handle-type spigots and doorknobs.
(h)
In all rooms, doors of sufficient width to accommodate wheelchairs.
(i)
Separation of vehicular circulation drive from pedestrian walks.
(j)
Changes in grade on walk systems to be accomplished by ramps.
(k)
Passenger drop-off for occupants and visitors near entrance and elevator halls of buildings.
(2)
All design features shall be subject to and in conformity with all applicable regulations related to the Americans with Disabilities Act.
N.
Parking requirements.
(1)
Off-street parking for senior residence communities shall be calculated based upon the total of the parking requirements of the individual components which comprise the SH where such requirements are set forth, with the exception that a reduction of up to 10% in the requirement may be applied for and granted by the Mayor and Board of Trustees based on a demonstration that a sharing of personnel between facilities would effectively reduce the required parking.
O.
Age restrictions.
(1)
Occupancy of dwelling units within an SH development shall be restricted to persons 62 years of age or older, or couples, one of whose members is 62 years of age or older. Persons less than 18 years of age shall not be permanent residents under any circumstances, subject to all applicable laws and regulations. The foregoing restrictions shall not apply to one on-site caretaker/administrator, if so proposed as part of the SH application, whose full-time job shall be the maintenance and/or management of the SH development.
(2)
Restrictions relating to age and occupancy shall be set forth in a covenant, acceptable as to form by the Village Attorney of the Village of Sleepy Hollow. Said covenant shall be recorded in the County Clerk's office and shall run with the land and shall bind all owners of the property.
P.
Affordable units.
(1)
For owner-occupied units, the affordable units shall be sold at a price not to exceed 3.3 times 80% of the median household income for Westchester County, as established annually by the United States Department of Housing and Urban Development. A covenant shall be recorded in the County Clerk's office, which shall provide that resale of any affordable housing units may not sell for a price exceeding 3.3 times 80% of the median household income for Westchester County, as established annually by the United States Department of Housing and Urban Development.
(2)
For rental units, the maximum monthly rent for the affordable units shall not exceed 30% times 80% of the median household income for Westchester County, as established annually by the United States Department of Housing and Urban Development, divided by 12 months. Said amount shall include utilities and common charges, if any.
Q.
Selection of occupants of affordable housing units. The Village of Sleepy Hollow shall develop procedures to guide in the solicitation of applications and the selection of potential occupants for the affordable units, with preference given to residents of the Village of Sleepy Hollow as permissible by law and the New York State Division of Housing and Community Renewal. The maximum household income for affordable units shall be 80% of the median household income for Westchester County families as established annually by the United States Department of Housing and Urban Development.
R.
Location of affordable units in market-rate developments. Affordable units, when provided as part of a market-rate development, shall be physically integrated and interspersed into the design of the development in a manner satisfactory to the Village Board, avoiding designated affordable units being located adjacent to one another. The affordable units shall be distributed among various proposed bedroom-sized units in the same proportion as the overall development.
S.
Common property. The ownership, maintenance and preservation of common property shall be permanently assured to the satisfaction of the Village Attorney by the filing of appropriate easements, covenants and restrictions, as necessary. For ownership projects, the formation and incorporation of a homeowner or condominium association shall be required to maintain common property. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments in accordance with the laws of the State of New York. In the event that the homeowner or condominium association fails to perform the necessary maintenance operations, the Village of Sleepy Hollow shall be authorized, but not obligated, to enter on such premises for the purpose of performing such operations and to assess the cost of so doing among all affected property owners.
T.
Procedures.
(1)
Application for a special permit for senior housing shall be made to the Mayor and Board of Trustees. The special permit application shall be in a form sufficient to enable the Village of Sleepy Hollow to evaluate the applicant's proposal and its consistency with the intent, purposes and general design standards expressed herein. The petition for a special permit shall also be accompanied by the following:
(a)
A written description of the proposed development.
(b)
A concept plan including all the items listed below:
[1]
The disposition of various land uses and the areas covered by each, in acres.
[2]
A sketch of the interior road system with all existing and proposed rights-of-way and easements, whether public or private.
[3]
Delineation of the various residential areas, indicating the number of dwelling units, square footage and bedrooms by each housing type and square footage for accessory uses. The plans shall show the density, in dwelling units per acre, for the entire development. Sample floor plans shall be provided for each unit type.
[4]
The open space system and proposed recreation facilities, and a statement as to how said system is to be preserved as such throughout the life of the development and how it is to be owned and maintained.
[5]
An illustrative site plan, indicating the relationship between the proposed road system, parking lots, buildings, open spaces and other physical features.
[6]
Schematic water, sanitary sewer and stormwater management systems and how they are proposed to be connected to the system in adjoining areas, or be built on the site.
[7]
Physical characteristics of the site, including topography, areas of slope in excess of 15%, soils, rock outcrops, streams, wetlands, lakes, ponds and floodplains and all proposed alterations of said physical characteristics.
[8]
Estimates of peak-hour traffic generation derived from recognized traffic engineering source material or actual field counts, and its relation to surrounding development, including surrounding roads and intersections, including methods developed for mitigating any demonstrated adverse traffic impacts.
[9]
Analysis of market demand for the proposed senior development, based upon demographic factors and existing housing supply. Such analysis shall include a review and conclusion concerning the anticipated number of occupants or purchasers of the specific proposed development who shall be existing residents of the Village of Sleepy Hollow. Such analysis shall be based upon a specific evaluation of individual market demand.
[10]
Comparison of the proposed development under SH to the likely development yield under existing zoning in terms of traffic, taxes and aesthetic issues.
[11]
If the development is to be staged, a clear indication of how the staging is to proceed. The plan shall show each stage of development, with the approximate time required for anticipated commencement and completion.
(2)
The Village Board may retain professional consultants deemed necessary in order to review any proposed SH concept plans, with funding for said consultants provided by the prospective applicant for the SH development through the establishment of an escrow account. The amount of said escrow shall be determined by the Village Board in consultation with the applicant.
(3)
Concurrent site plan and/or subdivision review. An applicant may submit a detailed site plan and/or subdivision concurrently with the special permit petition, subject to site plan and/or subdivision review procedures for the Village of Sleepy Hollow, including Planning Board review and approval of said plans and related documentation. Approval of a site plan and/or subdivision may not, however, occur until the issuance of the special permit.
(4)
Village Board action on the application for a special permit.
(a)
The Village Board shall refer the petition for special permit and all accompanying maps, plans and reports to the Village Planning Board, the County Planning Department and other boards and agencies in accordance with applicable laws and regulations. Said boards, agencies and departments shall be provided a period of 30 days to report back to the Village Board prior to a decision being made on the application.
(b)
Following the required public hearing(s) (which shall be held on notice which shall be furnished and accomplished by the applicant, at the sole cost and expense of the applicant, by mailing at least seven days in advance to all property owners of properties located within 250 feet of any boundary of the property under consideration) and project review under the State Environmental Quality Review Act (SEQRA), the Village Board may approve or disapprove the special permit petition in accordance with the provisions of applicable law.
(5)
Special permit approval. The Village Board may authorize the issuance of a special permit for an SH project, after a public hearing and provided that it shall have met the following conditions and standards:
(a)
The SH use shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the neighborhood in which it is situated and will not be detrimental to the orderly development of adjacent districts.
(b)
The likely marketability of the proposed units in relation to previously approved SH developments throughout the Village and the potential saturation of SH units in any given neighborhood.
(c)
The suitability of the site for the senior population in terms of vehicular access, walkability for pedestrians and overall traffic concerns.
(d)
The compatibility of the SH site within its environment, including surrounding land uses and landscaped buffers, and in the case of redevelopment sites or conversions, with the contextual development of surrounding buildings and uses.
(6)
The Mayor and Board of Trustees, at their discretion, may attach any reasonable conditions on an approval of an SH development as necessary to assure conformance with the intent and purposes of the Village's Local Waterfront Revitalization Plan and the SH regulations, as specified herein. The conditions of approval shall specify all relevant procedures for unit sale or rental, reoccupancy, income verification and related costs.
§ 450-59 Fireworks.
[Added 1-22-2013 by L.L. No. 1-2013]
A.
Sale of fireworks prohibited. No person, partnership or corporation shall sell, give away or expose for sale, within the corporate limits of the Village of Sleepy Hollow, New York, any fireworks, firearms, cannon, gun, pistol or other pyrotechnics of any nature or description whatsoever or other device used for the discharge of fireworks, firearms or other forms of pyrotechnics.
B.
Exception and permit for firework display. No fireworks, firearms or other form of pyrotechnics shall at any time be discharged within the corporate limits of the Village of Sleepy Hollow, except that a public display of fireworks may be permitted under proper and sufficient supervision, by written permit from the Board of Trustees. Permit fees shall be in a sum to be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of Chapter 200, Fees.
C.
Aerial bombs prohibited. No aerial bombs or bombs of any description shall be discharged within the corporate limits of the Village of Sleepy Hollow, New York, even though a permit has been issued for the discharge of a public display of fireworks, and any person who so discharges any such bombs shall be guilty of a violation of this chapter and subject to the penalties hereunder.