https://sleepyhollow.localarchives.org/files/original/dbd5684fc59e347fc4c0a3222be55369.pdf 4682782a981f2569f90c5c65393e53d4 PDF Text Text c?// A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held on Monday, November 2,1998 at 8 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Sean Treacy Michael Collins (Arrived late) Patrick J. Munroe (Arrived late) Morris Alter Mario DiFelice Donald Stever Craig Laub Trustees Also Present: Janet Gandolfo, Village Attorney Trustee Alter moved, seconded by trustee DiFelice to open the meeting, carried. Mayor Treacy called the meeting to order with a pledge to the flag. Mayor Treacy presented a special proclamation to Assemblyman Richard Brodsky declaring November 2,1998 Richard Brodsky Day in the Village of Sleepy Hollow thanking him for all his help in getting our village $400,000.00 in state aid. Mayor Treacy commented that the Board would like to move into executive session to discuss a contract; Trustee Alter so moved, seconded by Trustee DiFelice, carried. Discussion ensued on a pending contract with the Gun Club who meets in our firing range in the basement in village hall. Trustee Alter moved, seconded by Trustee DiFelice to go back to regular session, carried. Public Hearings-None Approval of Minutes Trustee Alter moved, seconded by Trustee DiFelice to approve the minutes of October 19,1998 with minor spelling correction, carried. Approval of Warrants Trustee Alter moved, seconded by Trustee Laub to approve the warrant of the General fund for a total of $80,738.89 and authorize the Treasurer to pay the bills, motion carried; Trustee Alter moved, seconded by Trustee Laub to approve the warrant of the Water and Sewer fund for a total of $85,566.00 and authorize the Treasurer to pay the bills, carried; Trustee Alter moved, seconded by Trustee Stever to approve the warrant of the Capital fund for a total of $14,312.43 and authorize the Treasurer to pay the bills, carried. Public Comments-Agenda Items Mario Belanich commented on moving public comments earlier in the meeting. 1 �Trustees Stever and Laub commented that the Board is waiting to see how the four minute rule works out. Chick Galella commented on the different polling places for the town and village elections. Resolutions-Attached Mayor Treacy stated that on the bond resolution, the Board would like to add $23,000.00 due to the fact that the Sleepy Hollow Gun Club uses our basement and there is a problem with the ventilation system affecting not only the basement but our village offices that needs to be corrected. The cost of the clean-up and ventilation will be shared 50/50. Old Business- None New Business Trustee Laub commented that the Sleepy Hollow Manor Association has been asked by the Garden Club if Joe DeFeo could have his men cut back some more overgrowth by the Fremont Pond north of where they cleaned up before. Trustee Laub stated that they also asked if a bench could be placed by the corner of Lakeshore Close and Pokahoe by the pond. The Mayor commented that the Board should get input from the SHMA first regarding the bench. Mayor Treacy reported that the pavilion in the Devries park has been torn down by the public works department because it was not installed correctly years ago and was ready to fall. Joe DeFeo has many great ideas for that park. Mayor's Report Mayor Treacy reported that new welcoming signs have been installed on route 9 at the north and south end of the village. These were designed by one of our residents, Jim Laird. Mayor Treacy commented that they had a successful meeting with the representatives of the Kendal Group. They are very anxious to move along. We have set up a PILOT agreement which will increase every year. They will pay impact fees such as recreation, sewer and water, etc. We will receive $300,000.00 next year and $300,000.00 the following year in impact fees. Mayor Treacy reported that the Haunted Hayride was a great success and we collected $8402.00 which will be donated to various volunteer groups. He thanked the many volunteers who helped with the hayride. Prizes will be awarded for the best decorated house for Halloween. �Trustee's Report Trustee Munroe reported that there were three winners out of twenty-five houses that were decorated on New Broadway. Trustee Munroe reported that he and Trustee Collins met with members of the Westchester County Planning Board to discuss a few items such as the availability of county funds for improvements to St. Paul's Hill (route 9), the replacement of the village hall front doors for handicap accessible, and the possibility of launching 20 foot power boats in the Riverfront Park. Trustee Munroe thanked Joe DeFeo for the removal of the sign on the lamp post at the bridge. Trustee Alter met with Trustee Basher of Tarrytown to discuss recreation items between two villages. Headless Horsemen youth basketball will start this Saturday. Trustee Alter congratulated the Headless Horsemen football team on their all their winnings. Trustee Alter commented there are a few openings left in the after school program. Trustee Alter read the attached public works report. Trustee DiFelice commented that the seniors are waiting for a bus schedule for shopping. He reported that the Sleepy Hollow post office is almost completed but that it will not have the Village of Sleepy Hollow across the front of the building; it will be written in small letters on the side. He asked if we had received an answer from Duracell regarding permission for St. Teresas' church to have people park there. The Mayor commented that we have been in contact with Duracell. Trustee Stever reported on the Zoning Board, Planning Board and Architectural Review board agendas for November. Trustee Stever commented that several residents have told him about the dangerous condition of the slide at Devries park and he was informed by the Village Clerk that Joe DeFeo is having it removed and a new one installed. Mayor Treacy commented that Trustee Laub had to leave, so he reported that when we change the clocks, all residents should change their batteries in the smoke alarms. This is a good practice to follow. Communications. Petitions & Requests Mayor Treacy was in receipt of a letter from Mrs. Garzia requesting that the no parking area in front of the entrance to the Van Tassel on Pocantico Street opposite the Morse School be put back. Cars are parking there and it is very difficult for an �ambulance or handicapped people to be picked up or dropped off. She claims there was previously a spot there. Correspondence from Mr. & Mrs. Lazarus and a check for $50.00 payable to the Village was received thanking Robert and Robin Pell for a great hayride. (Letter in personnel file) The Mayor received a letter from Chris Skelly asking the Board to consider adopting plans for the launching of small power boats at the Riverfront park. Mayor Treacy read correspondence from Andy Spano asking us to appoint someone to serve on the Environmental Management Council. The Mayor received a letter from an 8 year old student from Minnesota thanking us for all the information we sent to the students regarding Sleepy Hollow. Public Comments Chick Galella asked how much has been collected in parking fines recently. The Mayor commented that he didn't have thatfigurereadily available but could get it. Chick Galella asked about affordable housing for seniors and suggested we build another College Arms. Mario Belanich complained about tag sale signs. Jim Tierney commented on parking in the manors. Maryann Connolly asked if leaves could be vacuumed in the village. The Mayor commented that it is a safety issue due to the fact that there are cars parked on the streets in the village and they could catch fire. There being no further comments, Trustee Alter moved, seconded by Trustee Munroe to move into executive session to discuss several litigation issues, carried. Discussion ensued on several litigation matters. There being no further executive business, Trustee Alter moved, seconded by Trustee Stever to adjourn the executive session and go back to the regular meeting, motion carried. Attached resolution #11-147-98 was passed. There being no further business, Trustee Alter moved, seconded by Trustee Munroe to adjourn the meeting, carried. Respectfully submitted, Angela Everett Village Clerk �<?/& Meeting Date: 11-02-98 Resolution #: 10-137-98 Whereas the Village of Sleepy Hollow Is eligible to receive up to $8,400.00 In reimbursable funds from Westchester County to participate in the STOP D.W.I Patrol Project. Now. therefore, be It resolved that the Board of Trustees authorizes the Mayor to sign an agreement with the County of Westchester for participation In the STOP D.W.I Patrol Project and Training Reimbursement program for the period January 1999 through December 1999. MOVED: T r u s t e e Alter SECONDED: Trustee Laub VOTE: 5-0 Meeting Date: 11-02-98 Resolution #: 11-138-98 Whereas, the next General Village Election for Officers will be held on Tuesday. March 16.1999: and Whereas, the Board of Trustees must designate by resolution and publish the offices which are to be filled in such election and the terms thereof, now. therefore, be it resolved: Section l: That the Board of Trustees designates the following offices as vacant at the end of the current official year, to be filled at the Village Election to be held on Tuesday. March 16.1999 for the following terms: Mayor Two (2) Year Term Three (3) Trustees Two (2) Year Term Each Section 2: The Village Clerk is hereby directed to publish the resolution in full in the Journal News (formerly the Daily News): a newspaper of general circulation within the Village of Sleepy Hollow. Section 3: This resolution shall take effect Immediately. MOVED: Trust:ee Alter SECONDED:Trustee Stever VOTE; 5-0 �o?/<£> Meeting Date: 11-0*-98 Resolution #: 11-139-98 Be it resolved that the Board of Trustees does hereby amend Chapter 57 of the Vehicle and Traffic Code to add Section 57-901, entitled "Loading Zones" to create a loading zone on the easterly side of Cortlandt Street In front of premises located at 179 Cortlandt Street to be In effect from 9 AM to 6 PM Sunday through Friday. Moved: Trustee Alter Seconded: Trustee Stever Vote: 5-0 �cjvy i Meeting Date: 11-02-98 Resolution #: 11-140-98 Whereas, the Village hasfileda short form EAF (attached hereto) pursuant to the New York State Environmental Quality Review Act regarding the action to adopt a local law regulating communication facilities; towers; monopoles; antennas and amendments to the Zoning Code; and Whereas, the Board of Trusteesfindsthat the action will not have a negative impact on the environment and said action is unlisted; Be it resolved the Board of Trustees hereby makes a negative declaration with regard to said action (see attached official form of negative declaration). • i MOVED: Trustee Munroe SECONDED: Trustee Alter VOTE: 5-0 �cP/8 I Appendix C Stats Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Part 1 - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) VILLAGE OF SLEEPY HOLLOW 1. APPLICANT/SPONSOR: 2. PROJECT NAME: LOCAL LAW RE: COMMUNICATION FACILITIES 3, PROJECT LOCATION: Municipality VILLAGE OF SLEEPY HOLLOW County WESTCHESTER 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map) 28 Beekman A v e n u e , S l e e p y H O l l o w , New York 1 0 5 9 1 S. PROPOSED ACTION IS: g New O Expansion Q Modification/alteration 16. DESCRIBE PROJECT BRIEFLY: ADOPTION OF LOCAL LAW REGULATING COMMUNICATION FACILITIES: TOWERS: MONOPOLES: ANTENNAS WD hnettOntHTS TO ZOMfiiZ CoOfc 7. AMOUNT OF LAND AFFECTED: N / A initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? D Yes D No it No, describe briefly N / A 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT7 3 Residential Q Industrial 33 Commercial D Agricultural B Park/Forest/Open space D Other Describe: 10, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? D Yes 09 No If yes, list agency(s) name and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? D Yes £ No If yes, list agency(s) name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? D Yes 3 No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Aoolicant/Soonsoivname: . Signature:. VILLAGE OF SLEEPY HOLLOW T^** V W">^n> Date: 1 8 / 1 2 / 9 8 , VILLAGE ATTORNEY If the action is in a Coastal Area, and you are a state agency, complete a Coastal Assessment Form before prooeedtofl with this aaseesmem �A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review pruu«»» « i g i » « the FULL EAF. QVes t XKNo p/*} B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR, PART 617.6? if No, a negative declaration may be superseded by another Involved agency. Q Y t t ff*10 C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible.) C i . Existing air quality, surface or groundwater quality or quantity, noiee levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NO C4. A community's existing plans or goats as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: i NO C5. Growth, subsequent development or related activities likely to be induced by the proposed action? Explain briefly: NO C6\ Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NO C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NO D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)7 D Yes B No If Yet, explain briefly; L IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? p Yes J* No If Yes, explain briefly: Part III - DETERMINATION OF SIGNIFICANCE {To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that el) relevant adverse impacts have been identified and adequately addressed, if question 0 of Part H was checked yes, the determination of significance must evaluate the potential impact,of_the proposed action onfoeenvironmental characteristics of the CEA. D Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. O Check this box If you have determined, based on the information, and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Viiuite *F Sti£M rVyW Bom &F TRuSfgtS' HUM of Lead Agtncy '•sponsible olitct, In lead A|«*cy •sponsible t i K t r m l,*d Aitncr TttU el RopoMiM* Olficir > , - jrt JJ|Mtw« ol h*p*t*t (It - J U t n l ttvm ftspoosibio otilctff au I �o?<^<0 I Meeting Date: Resolution #t II 11-02-98 11-141-98 Be it resolved the Board of Trustees hereby mores to amend: THE ZONING CODE OF THE VILLAGE OF SLEEPY HOLLOW, CHAPTER, 62, Section 62-8, B Entitled Schedule of Regulations to add the following: Add "Antennas, communication towers, antenna towers, monopoles, associated buildings, structures and equipment to the following districts as permitted accessory uses: H;C-landC-2. Add "Antennas, including satellite dish antennas, to the following districts as I permitted accessory uses: R-l; R-2; R-2A; R-3; R-4; R-4A; R-5; R-6. Moved:Trustee Stever I Seconded: Trustee Laub Vote: 5-0 �Meeting Date: Resolution #: 11-02-98 11-142-98 ED. Be it resolved the Board of Trustees hereby moves to amend: AMEND THE ZONING CODE OF THE VILLAGE OF SLEEPY HOLLOW, CHAPTER 62, Section 62-11 entitled Height to eliminate the following: ^wireless towers" and "radio and TV antennae.,, Moved: T r u s t e e A l t e r Seconded:Trustee Munroe Vote: �o?o?<SL I Meeting Date: Resolution #: 11-02-98 11-143-98 IV. Be it resolved the Board of Trustees hereby moves to amend: AMENDING THE ZONING CODE OF THE VILLAGE OF SLEEPY HOLLOW, CHAPTER 62, Section 62-16.1 entitled SPECIAL USE PERMIT APPROVAL BY THE PLANNING BOARD to add paragraph B as follows: B. The Village of Sleepy Hollow Planning Board is hereby authorized to review and approve applications for special use permits for the accessory uses as defined and regulated in Article VI, Chapter 62-22.2 of the Zoning Code. The i procedures and standards for review of such special uses are provided in Article VI, Chapter 62-22.2 herein. Moved;Trustee Alter i Seconded;Trustee Stever Vote: 5 "° �Meeting Date: 11-02-98 Resolution //: 11-144-98 V. AMENDING THE ZONING CODE OF THE VILLAGE OF SLEEPY HOLLOW, CHAPTER 62, BY ADDING A NEW SECTION 62-22.2 to Article VI entitled "REGULATING COMMUNICATION F A d L m E S INCLUDING: ANTENNAS, COMMUNICATION TOWERS, ANTENNA TOWERS, MONOPOLES, ASSOCIATED BUILDINGS, STRUCTURES, AND EQUIPMENT' WHEREAS, the Village of Sleepy Hollow has received or expects to receive requests to site wireless communications towers and antennas within the municipal boundaries; and WHEREAS, the Village of Sleepy Hollowfindsthat an increasing number of satellite dishes have been installed within the municipal boundaries; and WHEREAS, the Village of Sleepy Hollow finds that it is in the public interest to permit the siting of wireless communications towers and antennas and satellite dishes within the municipal boundaries, and WHEREAS, it is the intent of the Village of Sleepy Hollow to permit the siting of wireless communications towers and antennas and satellite dishes within the municipal boundaries; and WHEREAS, it is the intent of the Village of Sleepy Hollow to protect and promote the public health, safety and welfare by regulating the siting of wireless communications towers and antennas and satellite dishes, NOW, THEREFORE, be it enacted, by the Board of Trustees of the Village of Sleepy Hollow, as follows: A. Purpose. The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas and satellite dishes. The goals of this ordinance are: �(1) To establish clear standards for the siting of wireless communication facilities, buildings and structures, equipment, communication 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 communication facilities, including but not limited to, transmission towers and antennas, through the use of advance technology careful design, siting, and screening and buffering. (3) To protect residential areas and land uses and property valuesfrompotential 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 uses of communication towers and antennas to configure them in a way that minimizes adverse visual, aesthetic and community characttr intrusion impacts caused by the installation and view of communication towers and antennas, through careful design, siting, landscape screening and buffering, sufficient set backs 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 communication facilities and communication towers throughout the community. (8) To encourage the joint use of new and existing communication towers sites as a primary option rather than construction of additional singe-use communication towers while recognizing that collation on higher towers is not always preferable to two (2) less visible, less obtrusive shorter towers; thereby maYimfTing the use of existing communication towers or alternative antenna host sites, how e not unreasonable limiting competition among communication providers or unreasonably limiting reception of receive-only antenna. -2- �(9) To assure the integrity andfinancialsoundness of any communication facility firm seeking to build a wireless communication facility in the Village of Sleepy Hollow. (10) To avoid potential damage to adjacent propertiesfromtower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Village of Sleepy Hollow shall give due consideration to the Village' master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. B. Definitions. As used in this ordinance, the following terms shall have the meanings set forth below: (1) "Alternative tower structure" means 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. (2) "Antenna" means a device that converts radiofrequencyelectrical energy to radiated electromagnetic energy and vice versa for television, radio, data, imagery, telephone or other forms of telecommunications, including receiving and transmitting antenna, and satellite dish antenna. (3) "Antenna tower" means a tower supported by guy wires or a freestanding lattice-type antenna support structure. (4) "Collocation" means the siting and/or mounting of multiple communication facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or communication tower. (5) "Communication facility" means any site containing a communication 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, adoptedfromtime to time, by the Federal Communications Commission, based on the maximum equipment output. (6) "Communication tower" means a structure, including antenna towers and monopoles, �on which an antenna, or other communication device and equipment, is or has been located for television, radio, data, imagery, telephone or other forms of telecommunications. All communication towers shall be considered a building for the purposes of this Chapter. (7) "Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. (8) "FAA" means the Federal Aviation Administration. (9) "FCC" means the Federal Communications Commission. (10)"Heighf means, when referring to a tower or other structure, the distance measured from thefinishedgrade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. C. Applicability. (1) New installations. i) Satellite dish antennas more than 18 inches in maximum diameter but not more than 48 inches in maximum diameter and antennas more than twelve (12) feet in height but not more than eighteen (18) feet in height in a residential district, as do not exceed the maximum permissable exposure limits as recommended by the FCC, from time to time, shall be subject to the locational siting requirements set forth in Article 62, Section 62-222 E. ii) Satellite dish antennas more than 60 inches in maximum diameter and antennas, antenna towers, communication towers, monopoles, asscociated buildings, structures and equipment more than twenty-five (25) feet in height intheH;C-l and C-2 districts shall be subject to the requirements set forth in Article 62, Section 62-22.2. iii)5*tellite dish antennas greater than 48 inches in maximum diameter and antennas greater than eighteen (18) feet in height in a residential district 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 - 4 - �effective date of this ordinance, 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) No communication facility shall be located, constructed or maintained on any lot, structure or land area, except in conformity with this Chapter. (2) All communication 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. (3) All communication facilities shall be constructed and maintained in conformance with all building, electrical, fire-prevention and other applicable codes adopted by the Village. (4) All communication facilities shall be in conformity with any other construction or performance standards (including approved fastening devices and techniques that ensure property mounting, approved materials and methods for electrical connections, adequate structural support, etc.). (5) All communication facilities shall be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communication facilities and uses, antenna and/or supporting structures and * towers, including without limitation, the FCC and FAA. (6) All communication facilities shall be operated and maintained by an FCC licenses only. (7) All communication 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 communication tower or antenna is proposed at the minimum height and aesthetic intrusion possible to provide that necessary coverage. The applicant seeking to locate a communication facility in the Village of Sleepy Hollow shall demonstrate the need for new or additional antennas or communication towers. (8) All communication 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 All communication 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 communication towers and antennas. If such standards and regulations are revised or amended, then the owners of the communication facility governed by this Chapter shall have thirty (30) days to bring such communication facility into compliance with such revised or amended standards and regulations. Failure to bring the communication 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. Communication facility siting. No installation shall be permitted in, or to project into, any required landscape buffer area as required by Chapter 62 of the Zoning Code of the Village of Sleepy Hollow. The siting of a communication facility on property owned by the Village of Sleepy Hollow shall be encouraged. The collocation and sharing of exiting or proposed communication facilities and communication towers for mounting of antennas or related equipment is encouraged and shall be preferred to the construction of new communication facilities and communication towers. When an applicant proposes collocation of proposed antennas and communication facilities on an existing communication tower, building or structure, the applicant must demonstrate and certify that the existing communication tower, building or structure will be properly adapted to the placement of additional antennas. The applicant shall identify the capacity of the communication tower, building or structure to accommodate additional antennas and shall address necessary screening and buffering, landscaping, and additional safety measures necessitated by collocation. Any communication facility which is not collocated shall present and certify evidence as to why collocation is not possible, �o2o? including evidence such as follows: i) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Building Inspector an inventory of its existing towers, 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 ordinance 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. ii) That no feasible host sites or existing communication facilities, communication towers, and buildings or structures are located within the geographic area which meet the applicant's engineering system and service requirements. iii) That existing communication facilities, communication towers, and buildings or structures are not of sufficient height to meet the applicant's engineering system and service requirements. iv) That existing communication facilities, communication towers, and buildings or structures do not have sufficient structural strength to support the applicant's proposed communication facility equipment or antenna. v) That there is an inability to use existing sites in a technologically feasible manner consistent with the applicant's engineering system and service requirements. vi) That the applicant's proposed antenna would cause electromagnetic interference with any antenna on the existing communication towers, buildings or structures, or the antenna on the existing communication towers or structures would cause interference with the applicant's antenna. vii) That the fees, costs, or contractual provisions required by the owner in order -7- �to share an existing communication tower, building or structure, or to adapt existing communication towers, building or structures for purposes of collocation and sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable, viii) That the applicant has demonstrated that there are other limiting factors that render existing communication towers, buildings or structures unsuitable, ix) That the applicant has demonstrated that alternative technology or communication facilities which do not require the use of towers are unsuitable. Costs of such alternative technology or communication facilities which exceed new tower or antenna development shall not be presumed to render the alternative technology or communication facilities unsuitable. (4) All antennas shall be mounted in me rear yard or on me 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 i) 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 viewedfromthe 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 (7) feet in a residential district orfifteen(15) feet ma nonresidential district An antenna which is wall-mounted on a roofmounted mechanical enclosure or similar appurtenance, shall not exceed the height of the appurtenance at the point of installation, ii) An antenna located in the rear yard shall be mounted on a secure supporting structure and shall not exceed eighteen (18) feet in total height in a residential district and twenty-five (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 (7) feet in a residential district andfifteen(15) feet in a nonresidential district �o?3/ iii) If roof or rear yard installation is proven to inhibit reception, wall mounting shall be permitted in the side yards at least fifteen (15) feet from the front yard, provided that the height of the antenna shall not exceed the height of the roof line at the point of installation by more than seven (7) feet in a residential district or fifteen (15) feet in a nonresidential district. Wall mounting in the front yard, and in the side yard within fifteen (15) of the front yard, shall be permitted provided the height of the antenna does not exceed the height of the roof or parapet A wall-mounted antenna shall be at least twenty (20) feet above ground level and not project more than two (2) feet into the front yard. iv) 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 Section 62-22-2.F. No new communication 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 communication towers, antenna towers or monopoles. (1) Height and service coverage. Any proposal for a communication 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 eighty (80) feet (2) Alternatives. No less than three (3) alternatives for providing effective service coverage shall be presented. Proposal that incorporate use of existing towers, structures or existing utility lines shall be considered a collocated facility, ^s set forth in Section 62-22.2 (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 communication tower, antenna tower or monopole be designed structurally, -9- �electrically, and in all respects, to accommodate both the applicant's antenna and comparable antennas for at least two (2) additional users or service providers. All such communication 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 communication towers, antenna towers or monopoles shall be located within the setbacks and separatedfromall boundary lines of the lot on which it is located as required by the Schedule of Regulations. 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. (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 anticlimbing 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 communication 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 i) All communication towers, antenna towers or monopoles, and other supporting structures shall be made inaccessible to non-authorized persons, particularly children, and shall be constructed or shielded in such a manner that they cannot be climbed. ii) All transmitter controls that could cause the transmitter to deviatefromits authorized operating parameters shall be designed and installed in such a manner -10- �o?33 that they are readily accessible only to persons authorized by the licensee to operate or service. iii) All transmitters used with in-building radiation systems shall be designed in such a manner that, in the event 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. iv) All transmitters (other than hand-carried or pack-carried mobile transmitters) and control point 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. v) 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 Commission may waive such requirements if the goals of this ordinance would be better served thereby. i) All communication 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 site 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 (4) feet wide outside the perimeter of the compound ii) The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material on the fencing, iii) The base of any communication 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 plan species. -11- �Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen and buffer all structuresfromnearly properties or important viewsheds or scenic areas, iv) All landscaping shall be properly maintained to ensure continued screening and buffering. (7) Coloring and marking. i) Unless otherwise required by the FAA or FCC, all communication facilities, including antenna and communication towers, shall be colored, camouflaged and/or shielded to blend with surrounding area, provided such coloring, camouflage or shielding does not inhibit their effectiveness. The 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 so recommended by the Architectural Review Board so as to reduce visual obtrusiveness. ii) 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. iii) 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 communication 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 shield to prevent light emission and glare onto adjacent properties. -12- �o?3v5" (9) Signage. No signs, including advertising signs, shall be permitted on any antenna, communication tower, antenna tower or monopole, or antenna support structure, except as follows: i) Signs specifically required by a federal, state or local agency, ii) 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, iii) Any signage permitted above shall comply with Article V, Section 62-15 of the Zoning Code of the Village of Sleepy Hollow. G. Operational Certification. 1) Within forty-five (45) days of initial operation or modification of a communication facility, communication 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 Section 62-22.2.N (2), 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 (45) day period. 2) The Village may confirm and periodically reconfirm compliance as necessary to insure that the provisions of this Chapter, including NIER level thresholds, are in compliance. 3) If any approved communication facility is found not to be in compliance, said communication facility shall immediately cease operation. 4) A yearly inspection report on emissions and structural soundness shall be submitted in writing 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 pre-existing FCC approved communication device or antenna, which complies with current FCC standards and requirements. -13- �2) If interference resultsfromthe 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 he Village of Sleepy Hollow. I. State or 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 ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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 communication facility, including any antenna, which results in a change of site conditions or facility locations, or an increase in the size, number of antenna, width, height, or electromagnetic emission of the antenna, shall be subject to the same procedure, rules and regulations applicable to an original application. 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 communication facilities and all other antenna granted a special permit or variance. 2) If the name or address of the owner or operator of any communication facility or communication tower is changed, the Building Department shall be notified in writing by the operator of the change within thirty (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 -14- �building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amendedfromtime 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 thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (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 strucrtures, 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 is 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 communication facility and supporting buildings and -15- �equipment have been planned to result in the fewest number of communications transmission tower locations with 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 communication 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 serve 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 communication tower height and bulk is the minimum height and bulk necessary, to provide licensed communication services to locations with 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: i) A scaled site plan, including elevations and construction details, showing existing and proposed communication facilities, buildings and structures, ii) Height, width, depth, location and configuration of communication towers and any supporting guy wires or other supporting or anchoring devices, iii) Material types, colors, light iii) Number and type of antennae, including receiving and/or transmitting equipment v) Legal description of the subject property or lot and that of any leased parcel, iv) Information about collocate or future communication facilities, equipment, buildings and structures, or other related facilities, including the relationship of -16- �^>3J the height of the communication tower to the feasibility of collocation of additional communication facilities. 6) A written description of the existing setting and how the elements of the proposed communication facility, communication tower and antenna are blended into that setting; the design of buildings and related structures shall use materials, colors, textures, screening and landscaping which blends 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 communication 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: i) Evidence of FCC license/permit to grantee/applicant, including information regarding all related permitting standards and specification. ii) A copy of the Village of sleepy Hollow application form. iii) The location of nearest residential structures adjacent to the property line. iv) The location of nearest occupied structures adjacent to each property line. v) The location, size, height, construction and operating specification of all proposed and existing communication uses and facilities, including: a. The quantity, type (make, model and manufacturer), and design of any -17- �antenna proposed and the basis for the calculations of capacity; b. Thefrequency,modulation and class of service of all communications equipment c. Transmission and maximum effective radiated power of any antenna d. Direction of maximum lobes and associated radiation of any antenna. e. A description of the proposed antenna and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and light f. A map depicting and listing all existing sites in the Village and bordering communities containing transmitting antenna used by the operator, owner or applicant; and g. Elevation drawings depicting thefront,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 site. vi) Certification that the NIER levels ware within threshold levels adopted by the FCC or any subsequent superseding emission standard adopted by the FCC, based on the maximum equipment output vii) Certification that any antenna will not cause interference with existing communication devices, viii) An industry approved propagation model using applicable contour biases, ix) If collocation is not proposed, certification that collocation is not feasible as set forth in Section 62-22.2.E (3). 9) The location and configuration of all existing and proposed site access driveways, including the 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 show, 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 -18- �*?HI 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 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 A special permit issued under this Chapter shall be deemed to authorize only the particular use or uses specified in the permit and shall expire upon termination of the use. (4) Architectural Review Board. The Architectural Review Board shall review the completed application and approve the Design of the installation. 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 -19- �or modified bond, based on engineering estimates of the cost of removing and disposition of the tower or monopole. P. Fees. The applicant for a special use permit under this chapter shall pay to the village a fee of $250.00 with the filing of this application. 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 offinancialand technical aspects of the proposal and of thefinancialand technical practicability of alternatives that may be available to the application. R. Removal. (1) Any antenna, communication facility, communication tower, antenna tower or monopole, including any supporting structure and related appurtenances, or part thereof, that is not used for a period of six (6) months in any twelve (12) 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 (6) 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 the marketing of the property for sale or rent S. Exemption. (1) The following devices and sources of non-ionizing electromagnetic radiation are exempt from the above provisions and shall be permitted in all residential and non-residential zones: i) Machines and equipment designed and marketed as consumer products, such as walkie-talkies, remote control toys, and cellular telephones; ii) Hand-held, mobile, marine and portage radio communication transmitters and/or receivers; -20- �iii) Two-way radio utilized for temporary or emergency service communications; iv) Two-way radio utilized for governmental service communications; v) Maintenance or repair of a conforming or legal nonconforming antenna, provided that such action is in compliance with this Chapter; vi) 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; vii) Towers and antenna for Amateur Radio Services, State and Village of Sleepy Hollow Police and Highway Department, and Village Emergency Services, fire 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. Pre-existing installations. (1) The current operator of any communication facility or communication tower, antenna tower or monopole, existing at the time that these regulations take effect, shall be permitted to remain in operation provided the operator submits proof within six (6) months of the enactment of these regulations, that a valid building permit was issued for the facility and that facility complies with current emission standards as recommended by the FCC, as certified by a Professional Engineer with the Qualifications set forth in Section 62-22.2.M (7). Any facility for which emission and security compliance documentation is not received, shall cease operation within six (6) months of the enactment of these regulations and shall be immediately removed thereafter. (2) Any legal nonconforming communication facility or communication tower shall be permitted to remain until such time as said use and facility is altered as defined in Section 62-22.2.J. U. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities. -21- �V. Franchises. 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 communication system in the Village of Sleepy Hollow have been obtained and shall file a copy of all required franchises with the Building Inspector. 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 evaluated whether the entity owner the wires needs a separate telephone franchise. W. Public Notice. i For purposes of this local law, variance request, or appeal of an administratively approved use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 7(b)(5Xii), Table 2, in addition to any notice otherwise required by the Village of Sleepy Hollow Zoning Ordinance, Article XI, Section 62-44. X. Severability. Should any section, paragraph, sentence, clause, word or provision of this Local Law be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provision of this Local Law. I Y. Inconsistent Provision for State Law. Pursuant to New York Municipal Home Rule Law 22, the provisions of this Local Law are intended to supersede any inconsistent provision of New York Village Law. Z. Inconsistent Provision for Local Code. The provisions of this Local law are intended to supersede any inconsistent provision of the Village Code of the Village of Sleepy Hollow. AA. Effective Date. -22- i �o2 IS I Pursuant to New York Municipal Home Rule Law 27, this Local Law shall take effect immediately uponfilingwith the New York Secretary of State. Moved:Trustee Alter Seconded: • i -23- Trustee Munroe Vote: 5-0 �Meeting Date: Resolution #: I. 11-02-98 11-145-98 Be H resolved the Board of Trustees hereby mores to amend: ARTICLE H OF THE ZONING CODE OF THE VILLAGE OF SLEEPY HOLLOW, CHAPTER 62, SECTION 62-4, entitled Definitions. ACCESSORY USE OF STRUCTURE - to read as follows: (ACCESSORY USE OR STRUCTURE - A use or structure subordinate to the principal use of a building, located on the same lot as a principal structure and serving a purpose customarily incidental to the use of the principal building. An accessory structure may also include antennas, communication towers, antenna towers, monopoles, associated buildings, structures and equipment as defined and regulated in Section 62-222 of Article VI of mis Chapter.) Moved: Trustee Stever Seconded: Trustee Alter Vote: ^j) �oPii Meeting Date: Resolution #: 11/02/98 11/146/98 BOND RESOLUTION, DATED November 2 . 1998, AUTHORIZING THE ISSUANCE OF $107,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (1) THE ACQUISITION OF A STREET SWEEPER, AND (2) THE RECONSTRUCTION OF A BUILDING IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village'*), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the (1) acquisition of a street sweeper, and (ii) the reconstruction of a building in and for the Village at a total estimated cost of $107,000 all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $107,000 pursuant to the Local Finance Law, in order to finance the cost of the acquisition of the specific object or purpose, including preliminary costs (2.392%) thereof, hereinafter described. Section 2. The specific object or purpose to be financed by the issuance of such serial bonds and the estimated maximum cost thereof is (i) the acquisition of a street sweeper ($83,000) and (ii) the reconstruction of a building ($24,000) (the "Project"). Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $107,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond �anticipation notes authorized in this bond resolution; and (d) the maturity of the obligations authorized herein will not be in excess of five (5) years. Section 4. It is hereby determined that the item referred to in Section 2(i) hereof is a specific object or purpose described in subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness therefor is fifteen (15) years. It is hereby determined that the item referred to in Section 2(ii) hereof is a specific object or purpose described in subdivision 12(a) of paragraph 11.00 of the Local Finance Law and that the period of probable usefulness therefor is twenty (20) years. The serial bonds authorized herein shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of such serial bonds, or (b) the date of thefirstbond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 5. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such -2- �°?y? seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 6. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due. Section 7. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Journal Finance Law in NPWS a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification -3- �subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 9. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilitiesfinancedwith the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the "Code"), (except for the alternative minimum tax imposed on corporations by section 55 of the Code and except for the environmental tax imposed on corporations by section 59A of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code and except for the environmental tax imposed on corporations by section 59A of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 60 days after thefinalmaturity date or earlier prior redemption date thereof. -4- �<P5l Section 10. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule**), to provide or cause to be provided suchfinancialinformation and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance -5- �o?s5©L with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 11. This Resolution will take effect immediately upon its adoption by a vote of at least two-thirds of the Board of Trustees of the Village. Moved: Trustee Munroe Seconded: -6- Trustee Alter Vote: 5-0 �Meeting Date: Resolution #: 11 - 0 2 - 9 8 11 - 1 4 7 - 9 8 Be it resolved the Board of Trustees hereby authorizes the Mayor to execute the attached Stipulation settling the matter of Starr et al v. Village of Sleepy Hollow et al. Moved: Trustee Collins Seconded: Trustee Alter Vote: 5-0 �UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID M. STARR and KATHRYN L. STARR, Plaintiffs, - against - 98 CIV 2036 (CLB) SEAN TREACY, MORRIS ALTER, JOSE A. CHEVERE, JR., MICHAEL COLLINS, MARIO DiFELICE, PATRICK J. MONROE, PATRICIA P. RAMSEY, THE VILLAGE OF SLEEPY HOLLOW, NEW YORK and FRANK OCCHIPINTI, Defendants. X It is hereby stipulated and agreed by and between the parties hereto that all claims asserted herein are settled subject to the following: • 1. The Village of Sleepy Hollow agrees that, in consideration of $500 and the other mutual promises and understandings set forth herein, it will convey to Plaintiffs title to the property identified on Schedule A annexed hereto, (hereinafter "Village property") Such title shall be good and marketable title, in fee simple, and such that any reputable title company will insure. 2. The Village agrees that it will undertake all acts necessary to convey such title to the Plaintiffs, including but not limited to, holding public hearings related to such conveyance and if necessary, obtaining subdivision approvalfromthe Village Planning Board or other appropriate Village board or boards. 3. The Village shall issue a new Certificate of Occupancy which shall relate to the premises currently owned by the Plaintiffs and described in Schedule B annexed hereto (hereinafter "Starr property") as well as to the Village property to be conveyed to the Starrs (together hereinafter the "Combined properties"). Such Certificate of �<Z5S I Occupancy shall reflect that the premises may be used for an automobile body and repair shop, subject to all applicable state and local building and safety codes and building permit requirements. Such Certificate of Occupancy shall also reflect that the owner of the combined properties shall be permitted to park cars on the portions of the combined properties identified on the survey annexed hereto and made a part hereof. 4. The Village agrees that the new Certificate of Occupancy to be issued shall be valid and in effect with respect to the combined properties irrespective of the identity of the owner of the combined properties. 5. I The Village acknowledges there are two legal curb cuts on the combined properties. 6. Following the conveyance to the Starrs of title to the Village property, the Plaintiffs shall discontinue the captioned lawsuit against the Village. 7. The parties hereto shall bear their own costs and attorney's fees. In witness whereof, the parties have set their hands, this 2 ND day of November, 1998. DAVID M. STARR KATHRYN L.STARR I Village of Sleepy Hollow By: Mayor SEAN TREACY �c?&6> Public Works Report November 2,1998 Repaired a water main break at the corner of Highland and Bellwood Avenue. Leave season is upon us. When possible, leaves will be picked up everyday except Wednesday. Please do not put brush in with the leaves. Brush must be tied in bundles no longer than S feet and placed at the curb. Road repaving has been competed for this year. REMINDER!!!!! Wednesday, November 11th is Veterans' Day. Village offices will be closed. Recycling will take place on Thursday, November 12th. Regular garbage schedules do not change. Line painting is continuing. Hydrantflushinghas been completed. Water meter reading has started this week. We received three truck loads of salt today, the rest will be delivered this week to get ready for the winter. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1998 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1998-11-02 Subject The topic of the resource Board of Trustees Minutes-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text