[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 1-22-2013 by L.L.
No. 1-2013. Amendments noted where applicable.]
A.
The Board of Trustees hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential, business or other purposes and by so doing impairs the benefits of occupancy of existing property in such areas; impairs the stability and value of both improved and unimproved real property in such areas; prevents the most appropriate development and use of such areas; contributes to the degeneration of property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the community; and contributes to the diminution of the taxable value of real property in such areas and its ability to support the municipal services provided thereof. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearance of buildings erected or altered in any neighborhood and thus to promote the health, safety and general welfare of the community, conserve the value of buildings and encourage the most appropriate use of land within the Village of Sleepy Hollow. In furtherance of the aforementioned purpose, the Board of Trustees, adopts design guidelines for building within the Village of Sleepy Hollow as outlined in § 9-5 hereof.
B.
It
is not the purpose of this chapter to cause unnecessary delay and
expense to the owners of property seeking to build within the Village
of Sleepy Hollow.
There is hereby created a Board of Architectural Review, which
shall consist of three members who shall serve without compensation.
One member, who shall be the Chairperson of the Board, shall be the
Building Inspector of the Village of Sleepy Hollow. The other members
of the Board shall be residents of the Village of Sleepy Hollow and
shall be specifically qualified by reason of training or experience
in art, architecture or other relevant business or profession or by
reason of civic interest and sound judgment to judge as to the effects
of a proposed building upon the desirability, property values and
development of the surrounding area. At least one member of such Board
shall be a registered architect in the State of New York. The members
of such Board shall be appointed by the Mayor, subject to be approval
of the Board of Trustees. Members shall be appointed for a term of
three years commencing with the adoption of this chapter. If a vacancy
shall occur otherwise than by expiration of term, the Mayor shall
appoint a new member for the unexpired term. There shall also be one
alternate member who shall sit as a member when called upon when one
of the regular members is absent or is otherwise unable to serve.
The alternate member shall be appointed in the same manner as other
members of the Board. The Village Board of Trustees shall have the
power to remove any member of the Board for cause and after public
hearing.
Meetings of the Board of Architectural Review shall be held at least once a month or at such other times as the Chairman may determine. A majority of said Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of its business, and for the purpose of carrying into effect the standards outlined in §§ 9-4 and 9-5 hereof. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be placed on the public record.
[Amended 12-8-2015 by L.L. No. 9-2015]
In all cases where application is made for a building permit
for construction of a new building or for exterior improvements or
alterations to an existing building and site plan approval is not
required, with the exception of building permits for construction,
improvement, or alteration of single-family and two-family residences,
review and approval by the Board of Architectural Review shall be
required. In addition to any notice as may be required by law, the
applicant shall cause notice of such application to be mailed at least
10 days before the date scheduled for the review of such application
by the Board to all owners of property directly abutting and across
from any boundary line of the property which is the subject matter
of the application and to such others as the Board of Architectural
Review may deem advisable. The names of said owners shall be taken
as they appear on the last completed tax roll of the Village. Provided
that due notice shall have been given as otherwise required by law
and there shall have been substantial compliance with the remaining
provisions of this section, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate action taken by the Board
of Architectural Review in connection with such application.
The Village shall utilize the Downtown Sleepy Hollow Façade
Renovation Design Standards adopted in a resolution on March 22, 2011,
and the Design Guidelines for Lighthouse Landing Riverfront Development
adopted in a resolution on June 7, 2011, in making a determination
whenever appropriate. Copies of the Design Guidelines and Downtown
Sleepy Hollow Façade Renovation Design Standards shall be posted
on the Village website and kept at the office of the Village Clerk
and made available to all applicants, if necessary.
The Board of Architectural Review may disapprove any application for a building permit, provided that such disapproval shall be by a majority of the members of the entire Board, at any meeting where said vote is taken, and provided that the Board finds that the building or buildings for which the permit was applied would, if erected, be so detrimental to the desirability, property values or development of the surrounding area as to provide one or more harmful effects set forth in § 9-1 hereof by reason of failing to comply with design guidelines as set forth in § 9-5 hereof.
The Building Inspector shall refuse any building permit application disapproved as provided in § 9-6 hereof. If the Board of Architectural Review shall fail to disapprove any such application referred to it within 60 days of the date of filing such application or if such Board shall approve any such application, the Building Inspector shall forthwith issue the building permit, provided that it conforms in all respects to all other applicable laws and ordinances.
The Building Inspector shall be given the authority to examine, review, approve or disapprove applications for permits for signs, as regulated by the provisions of Chapter 338, Signs, of the Village Code. A fee as set forth in the fee schedule included at the end of Chapter 200, Fees, shall be charged for said review for sign permits.
Any person aggrieved by the action of the Board of Architectural
Review in disapproving a building permit application and of the Building
Inspector in denying any permit because of such disapproval and of
the Building Inspector in denying any sign permit may take an appeal
therefrom to the Zoning Board of Appeals, in the same manner as is
provided for other zoning appeals, and such Zoning Board of Appeals,
after proceeding in the same manner as is provided for other zoning
appeals and with the same power and authority therein vested in passing
under appeals before it under the provisions of law and this chapter
and in the exercise thereof, may reverse or affirm or modify and affirm
the action of the Board of Architectural Review and of the Building
Inspector.
Upon request of the Planning Board, the Architectural Review
Board shall consult with and advise the Planning Board with respect
to any site plan which the Planning Board is required to review under
the provisions of law or of this chapter. This consultation and advisement
may include, but not be limited to, the holding of joint meetings
to review a site plan application.
