[Amended 9-21-2004 by L.L. No. 10-2004]
[Amended 8-23-2022 by L.L. No. 7-2022]
A.
The intent of this chapter is to establish a precise and detailed
plan for the use of land in the Incorporated Village of Sleepy Hollow,
based on the Comprehensive Development Plan of the Village as adopted
and from time to time amended, and enacted in order to promote and
to protect the public health, safety, morals, comfort and convenience
and the general welfare of the people.
B.
Purpose. The regulations established herein are deemed necessary
to achieve the following purposes:
(1)
Promote orderly development: to protect the character and maintain
the stability of residential, business and commercial areas within
the Village, and to promote the orderly and beneficial development
of such areas.
[Amended 1-22-2013 by L.L. No. 1-2013]
(2)
Limit congestion on streets: to limit congestion in the public streets
by providing for off-street parking of motor vehicles and for the
loading and unloading of motor vehicles.
(3)
Protect against hazards: to provide protection against fire, explosion,
noxious fumes and other hazards.
(4)
Regulate intensity of use: to regulate the intensity of use of zone
lots, and to determine the area of open spaces surrounding buildings,
which spaces shall be necessary to provide adequate light and air,
privacy and convenience of access to property and to protect the public
health.
(5)
Regulate location of buildings: to establish building lines and yards
and thereby control the location of buildings designed for residential,
commercial, or other uses.
[Amended 1-22-2013 by L.L. No. 1-2013]
(6)
Establish standards of development: to fix reasonable standards of
height and bulk to which buildings or structures shall conform.
(7)
Prohibit incompatible uses: to prohibit uses, buildings or structures
which are incompatible with the character of development or the permitted
uses within specified zoning districts.
(8)
Regulate alterations of existing buildings: to prevent such additions
to, and alterations or remodeling of, existing buildings or structures
as would not comply with the restrictions and limitations imposed
hereunder.
(9)
Conserve taxable value of land: to conserve the taxable value of
land and buildings throughout the Village.
D.
When a
Village use has been designated by the Village Board of Trustees,
Planning Board review will be permissive and at the discretion of
the Board of Trustees. Such permissive referrals may be conditioned
or limited in scope as determined by the Board of Trustees.
The Board of Trustees of the Village of Sleepy Hollow hereby
adopts the following rules, regulations and procedures relative to
the conduct of the duties of the Village Planning Board, pursuant
to the Village Law of the State of New York and §§ 239-k
through 239-n of the General Municipal Law of the State of New York.
A.
Officers. The Planning Board shall consist of seven members, appointed
to staggered seven-year terms. The Chair, who shall be appointed by
the Mayor, subject to the approval of the Village Board of Trustees,
and Deputy Chair, who shall be selected by the Planning Board, shall
take office immediately following their selection and shall hold officer
positions until a successor is appointed. The Planning Board shall
also appoint a Secretary, who may be a Village employee or consultant
under contract to the Village.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.
Duties of officers.
(1)
The Chair, or in the absence of the Chair, the Deputy Chair, shall
preside at all meetings, hearings and work sessions, appoint committees,
propose agendas for meetings, and perform such other duties as may
be required by law, or as may be ordered by the Planning Board or
Village Board of Trustees. When required, the Deputy Chair shall act
in the capacity of the Chair in her or his absence.
(2)
The Secretary shall maintain the minutes of the Board, authenticate
decisions of the Board and undertake such other duties as may be required
by law, and the Secretary may assign to a Village employee or to a
consultant under contract to the Village such tasks as are deemed
appropriate to implement her or his duties.
C.
Meetings.
(1)
The Planning Board shall meet each month, except for August, on the
third Thursday of each month. The Board may schedule and notice work
sessions and additional meetings as needed. All meetings and work
sessions shall be open to the public. A quorum of at least four members
shall be required to conduct business during a meeting or work session.
Whenever a quorum is not present, the Chair may adjourn the meeting
to another day, or may hold the meeting for the purpose of considering
matters on the agenda; provided, however, that no action shall be
taken until a subsequent meeting at which a quorum is present. Decisions
shall not be taken at work sessions, unless necessary.
(2)
The Department of Architecture, Land Use Development, Buildings and
Building Compliance (hereinafter the "Department") or any successor
department shall notify all Planning Board members of each meeting
and each work session at least 72 hours prior to each meeting or work
session. The Department shall also notify other applicable Village
representatives and Village consultants of each meeting and each work
session at least 72 hours prior to each meeting or work session.
[Amended 1-22-2013 by L.L. No. 1-2013]
(3)
At monthly meetings and work sessions, the Secretary, a representative
of the Department, and applicable Village consultants shall be present.
D.
Special meetings. Special meetings of the Planning Board may be called
at any time by the Chair, at the request of the Mayor, or on the request
of a majority of the Planning Board members. At special meetings,
only such business may be transacted as is stated in the notice of
the special meeting. Each member of the Planning Board shall be notified
by the Department or other applicable Village entity with reasonable
notice before the meeting, if possible, by telephone, facsimile transmission,
or other means, and a notice shall also be posted at Village Hall
in a public place.
E.
Attendance. If a member must miss a meeting, she or he shall advise
the Chair in advance and shall be recorded as "excused" for the meeting
missed. In the event that a member is absent for three meetings in
any one calendar year or without excuse for two consecutive meetings,
the Chair shall notify the Mayor and the member may be deemed to have
resigned from the Board, and a replacement may be appointed for the
balance of the term outstanding.
F.
Conduct of meetings.
(1)
Procedures.
(a)
The Chair shall conduct the meeting using Roberts' Rules of
Order, to the extent that said Rules facilitate the deliberations.
By majority vote, the Board may modify such procedures as may be reasonably
required for the expeditious conduct of the meetings and the Board's
deliberations. Modifications to the rules of procedure shall be proposed
at a regularly scheduled monthly meeting of the Planning Board, and
notice given as to the amendment or modification, and shall be placed
on the calendar and agenda for adoption at the next regularly scheduled
meeting of the Planning Board.
(b)
The Department shall advise the Chair of the Planning Board
on matters pending before the Planning Board prior to the upcoming
meeting. The Department shall prepare a draft agenda for each regularly
scheduled meeting of the Planning Board and the Department shall deliver
the draft agenda to the members of the Board and applicable Village
staff the second week of the month, and at the same time post the
draft agenda at Village Hall.
(c)
All new applications, any information requested of an applicant
by the Planning Board or staff and other relevant materials shall
be submitted to the Department at least 14 calendar days prior to
a regularly scheduled meeting, and for all other meetings, as reasonably
practicable. If determined by the Department, in conjunction with
the Village planning consultant, to be complete, these items will
be distributed to the Planning Board and applicable Village staff
for their review approximately 10 days prior to the meeting at which
the application will be considered.
[Amended 1-22-2013 by L.L. No. 1-2013]
(2)
Order of business for regularly scheduled meetings. The order of
matters considered at regular meetings of the Planning Board shall
be as set forth below. The regular order of business at any meeting
may be suspended or revised at any time by an affirmative vote of
four members.
(a)
Call to order and note quorum;
(b)
Adoption of the draft agenda, based on the calendaring of matters
in the notice of meeting as submitted by the Department and the Village
planning consultant to the Board;
(c)
Public hearings on Board calendar, for which notice has been
given. Upon reading the notice of each public hearing, the Chair shall
open the public hearing and then may recognize:
[1]
Applicant(s) presentations.
[2]
Comments by Village staff and consultants.
[3]
Comments by officials of other government agencies.
[4]
Comments by members of the public, in the order recognized by
the Chair.
[5]
Comments for the record by members of the Planning Board.
[6]
Further comments by applicant(s).
[7]
Closure of stated public hearing (or continued to the next or
a future meeting, as needed).
(d)
Consideration and/or adoption of minutes of previous meeting(s);
(e)
Old business;
(f)
New business;
(g)
Persons appearing before the Board;
(h)
Consideration of matters not listed on the noticed calendar
of the meeting, if unanimous consent was given by the members present
at the adoption of the agenda; and
(i)
Adjournment.
(3)
Order of matters considered at work sessions. The order of matters
considered at work sessions shall be agreed to at the outset of the
work session, but shall generally adhere to the following guidelines,
where appropriate:
(4)
Public hearings convened following public notice, independent of a regularly scheduled meeting of the Planning Board, shall follow procedures set forth in Subsection F(2)(c) above. Written notice of public hearings shall be provided by the applicant, by certified mail, return receipt requested, to all property owners abutting the site of the development, and proof of mailing shall be submitted to the Department by the Friday prior to the week of the Planning Board meeting. Written notice shall be provided in a newspaper of record designated by the Village Board of Trustees at least five days before the hearing.
(5)
Formal decisions. Motions shall be restated by the Chair. The names
of the Planning Board members making and seconding a motion shall
be recorded by the Secretary in the minutes. Votes shall be by voice,
and individual votes shall not be recorded unless requested by a member
of the Planning Board.
G.
Planning Board submissions.
(1)
SEQRA regulations. The Planning Board shall follow and adhere to
the generic regulations promulgated by the New York State Department
of Environmental Conservation for the implementation of the State
Environmental Quality Review Act (SEQRA), Article 8 of the Environmental
Conservation Law, as such regulations are now in force (6 NYCRR Part
617) and as may be from time to time amended, and such regulations
are hereby incorporated by reference. Where a full environmental impact
statement (EIS) has been prepared for some phase of a project by the
Village Board of Trustees, by another agency of the State of New York
or by a federal agency under the National Environmental Policy Act
(NEPA, 42 U.S.C. § 4321), the Planning Board shall convene
a scoping meeting to tier its environmental assessment reviews onto
the prior assessments, so as to incorporate the prior assessment and
set forth the supplemental or further analysis required, making use
of and considering those prior assessments.
(2)
SEQRA extended review of significance. Specifically elaborating on the general SEQRA regulations to apply them to the Village of Sleepy Hollow, and notwithstanding Subsection G(1), for the implementation of the requirements of SEQRA, the Planning Board may require the preparation of an extended environmental assessment for the consideration of applications based upon the long version of the environmental impact assessment form ("long-form EAF"), in order to study in-depth how a proposed project may avoid or mitigate adverse environmental effects, and may base the Planning Board's findings on such a record before making a determination of significance, including a finding of no significant impact (FONSI, or a "negative declaration") under SEQRA.
(3)
Village board and committee consultation. For all applications submitted,
the Planning Board shall require and consider the findings of the
Village of Sleepy Hollow Waterfront Advisory Committee and the recommendation
of the Architectural Review Board, as required by Village Law. In
addition, the Planning Board shall require and consider the approvals
and/or recommendations of the Village Board of Trustees, the Zoning
Board of Appeals, the Tree Commission, and the Historic Resource Evaluation
Committee, when applicable.
(4)
General submission requirements: site plan.
(a)
A submitted plan shall comprise a general development plan for
the entire project, showing all of the below items, together with
such architectural sketches and drawings as may be necessary to demonstrate
the nature and character of the proposed and existing uses, the physical
relationship of such uses and such other information as may be required
for the Planning Board to make its determination. All maps, grading
plans, surveys and site plans, building plans and elevations shall
be submitted drawn to scale (no smaller than one inch equals 20 feet
unless otherwise requested by the Department), and shall be signed
and sealed by an architect, engineer, or surveyor who is duly licensed
by New York State. Elevations and floor plans are to be drawn at a
clearly legible and standard architectural scale.
[Amended 1-22-2013 by L.L. No. 1-2013]
(b)
For placement on the Planning Board agenda, all applicants shall
submit to the Department, at the Village Hall of the Village of Sleepy
Hollow, during normal business hours, no less than 14 days prior to
a meeting of the Planning Board at which the applicant proposes to
appear before the Board, a complete application
[1]
A complete application shall include, at a minimum, the following:
[a]
A cover sheet setting forth the name, address,
phone number, e-mail address of the project's applicant, owner, location,
project name, and designated planning, engineering, architectural,
surveying, environmental, historic, and/or any other consultants by
name and address, and legal counsel, if any, by name and address.
A checklist constituting a table of contents of all documents shall
be attached to the cover sheet. A written narrative statement describing
the existing and proposed project, including the type, hours and manner
of the use of the building or land, traffic and parking conditions
in the area, and other salient features shall also be attached to
the cover sheet;
[b]
The environmental assessment form (EAF), as required
by the State Environmental Quality Review Act (SEQRA);
[c]
A coastal assessment form;
[d]
The name, address, and endorsement of the owner
of record, or written permission from the owner(s) of record to apply.
Such permission shall include an acceptance by the owner of record
of responsibility for all filing and review and other fees required
in connection with the submission;
[e]
The names of all owners of record within 200 feet
of each corner of the property line;
[f]
A property boundary survey;
[g]
An area map showing all streets and property within
1,000 feet of the applicant's property at a scale of one inch equals
400 feet. All property owned by the applicant shall be clearly identified;
[h]
The location of all existing structures and other
man-made features of the site, as well as those on adjacent properties,
including existing utility lines (water, sewer, gas, and electric).
The proposed structure(s) and/or man-made feature(s) shall reflect
adequate provision for water, sewage and other utilities, parking,
curb cuts, and other applicable provisions as determined by local,
state, or federal regulations and a determination by the Village's
consulting engineer. The location and design of the proposed project's
water supply, sewage disposal, and stormwater drainage systems, including
the locations, sizes, invert and rim elevations, to the existing water
supply, sewage disposal, and stormwater drainage systems shall also
be included. All proposals shall include projections for estimating
and accommodating storm runoff volumes at least that of the one-hundred-year
flood. Where determined to be necessary by the Planning Board during
its review of a submitted application, a proposal shall project Hudson
River estuary high, low, and mean tide levels based on levels at three
feet (or one meter) higher than the present recorded levels;
[i]
The location of the nearest fire hydrants and the
widths of streets and avenues encompassing the site. All proposals
shall reflect adequate access for emergency access for fire protection
and emergency medical services, reflecting the advice of the Department
of Architecture, Land Use Development, Buildings and Building Compliance,
and shall include flow and pressure requirements for the fire sprinkler
system and back flow preventer;
[Amended 1-22-2013 by L.L. No. 1-2013]
[j]
An existing and proposed topography map of the
subdivision and/or site plan, extending at least 20 feet beyond the
site boundaries with contour intervals not greater than two feet and
referenced to USGS or other approved benchmark and scale;
[k]
The nature and location of all other existing site
features, including wetlands, watercourses, wooded areas, and rock
outcrops;
[l]
Proposed use or uses;
[m]
Tree survey;
[n]
Dimensions and location of proposed structures,
signs, lighting, curbing, walls, roadways, erosion control and detail
sheets;
[o]
Dimensions and location of areas to be reserved
for vehicular and pedestrian circulation, parking and areas reserved
to park;
[p]
Dimensions and location of areas to be reserved
for recreational use, landscaping, and other open spaces. All landscape
plans, including tree conservation measures and proposed new plantings,
shall show the quantity and placement of each plant on site, including
a planting schedule indicating the plant species with both English
and Latin names, plant dimensions at the time of planting, full growth
height/width ranges, and projected maturation time for each plant;
[q]
All proposals shall set forth any historic structure
or land uses and/or natural configurations of the parcel(s) and identify
any historic or prehistoric objects, sites, or features on, under
or about the site, where applicable;
[r]
The name, address and professional seal of the
licensed professional engineer, surveyor, or registered architect
(as per the New York State Education Law) preparing the application;
[s]
All applicable fees and deposits, and a completed
fee agreement form;
[t]
A completed application form;
[2]
Applications shall also specify whether any further recommendations
and/or approvals are required from the Village Board of Trustees,
Architectural Review Board, Tree Commission, Waterfront Advisory Committee,
Historic Resource Evaluation Committee, or the Zoning Board of Appeals
for a related variance. Upon receiving any necessary permits from
such other Village boards or committees, the applicant shall submit
copies of such approvals or permits to the Planning Board, together
with any necessary application to amend any prior approvals of the
Planning Board in order to conform to the findings of the other boards;
and
[3]
An applicant may petition the Planning Board to waive certain
of the above requirements if it is determined by the Board that the
requirement is not applicable to the review of the applicant's site
plan.
(c)
An applicant shall provide 11 complete packages (one original and 10 copies) of all materials submitted for consideration by the Planning Board. Each package shall be submitted to the Department not less than 14 days before the Planning Board meeting at which the matter could be considered. Receipt of the above information does not, however, guarantee placement on the Planning Board agenda, since the materials must be reviewed and accepted for completeness by Village staff and its applicable consultants. For additional information regarding completeness of an application, please see Subsection G(5) below.
(d)
An applicant shall also provide evidence that it has given notice
of its application to the public schools of the Tarrytowns, to the
public schools of Pocantico Hills (if the project lies within the
school district), to the Village of Tarrytown, Village of Briarcliff
Manor, Town of Mount Pleasant and Town of Greenburgh, and the County
of Westchester, and the New York State Department of Environmental
Conservation, the New York State Department of Transportation, and
the New York State Department of Parks, Recreation and Historic Preservation,
and any other interested state agencies or interested agencies of
the government of the United States of America, when required.
(5)
Completeness of submissions.
(a)
The Department shall determine that all necessary and requested
materials have been submitted for an application, and shall notify
the applicant to appear before the Planning Board at its next monthly
meeting for formal consideration. Also, if an applicant with an application
pending before the Planning Board has not provided a substantial majority
of information requested by the Planning Board at least six calendar
days prior to the Planning Board meeting, said application may not
be placed on the Planning Board agenda.
(b)
If the applicant(s) or a representative of the applicant(s)
is not present before the Planning Board, the application will be
adjourned without discussion to the next meeting of the Planning Board
and the applicant(s) will be notified to appear at that time.
(c)
An application shall be deemed incomplete if filing, planning/engineering
review fees, or other consultant fees have not been paid. If the escrow
sum for review fees falls below the minimum specified for the escrow
amount of the review fees, the application shall be deemed incomplete
and the consideration of the application shall be suspended.
(6)
Notice of public hearings on applications. In addition to the distribution
of written notice sent by use of the United States Postal Service
of any hearing on an application, and in addition to the posting of
the written notice in a public place in Village Hall, a prominent
sign shall be posted two weeks prior to the hearing at the edge of
the property wherever it abuts a public street, in a clear and visible
location, giving notice of the public hearing and any continuation
and its subject, and the location of the hearing and its time and
date. This shall be performed by the applicant and an affidavit of
posting submitted to the Department the Friday before the meeting
at which it is to be heard. The applicant shall maintain the sign
until the public hearing is closed.
H.
Records. The Department shall maintain a record of all submissions
to the Planning Board, of all draft and approved minutes of Planning
Board meetings, of all notices and records of public hearings, a copy
of all resolutions and actions of the Planning Board, and all communications
to and from the Planning Board. The Department shall provide any member
of the public with access to the records at reasonable times during
normal business hours, and shall ensure full compliance with the Freedom
of Information Law of the State of New York with respect to such records.
The Department shall provide copies of all resolutions and actions
of the Planning Board and of approved minutes of Planning Board meetings
to the Village Clerk-as soon as such documents are available.
