A.
When required.
(1)
Site plan review shall be required for all building permit applications
that meet one or more of the following criteria:
(a)
Excavation or filling involving more than 300 cubic feet of
earth.
(b)
The disturbance of more than 2,000 square feet of land.
(c)
The construction of a new building with more than 500 square
feet of floor area.
[Added 6-14-2011 by L.L. No. 6-2011]
(d)
The expansion of any existing building by more than 500 square
feet of floor area.
[Added 6-14-2011 by L.L. No. 6-2011]
(e)
The expansion or reduction of an existing one- or two-family
structure by more than 500 square feet, by more than 10 feet horizontally,
or by more than 10 feet vertically.
[Added 6-14-2011 by L.L. No. 6-2011]
(2)
The Planning Board and/or the Village Board of Trustees may waive
the requirements of site plan review.
[Added 6-14-2011 by L.L. No. 6-2011]
B.
Review of site plan applications by the Board of Trustees and Planning
Board.
(2)
The Land Use Officer shall refer all applications in these districts, as well as any application in another district involving at least one acre of land and/or any application that impacts at least one acre of land, to the Board of Trustees for site plan approval in accordance with this section. The Board of Trustees shall have final site plan approval authority for all applications set forth in Subsection B(1)(a) through (e) above, after referral to the Planning Board for recommendation. The Board of Trustees shall have the option to retain final site plan approval authority in all other districts if the site plan impacts, in any way, at least one acre of property. The Board of Trustees shall have 30 days to decide whether it desires to retain final site plan approval in districts where a proposed site plan impacts at least one acre of property, after referral from the Land Use Officer. If the Board of Trustees decides not to be responsible for final review and approval of a site plan application, such review and approval shall become the responsibility of the Planning Board, subject to this section. The Planning Board shall be responsible for review and approval of site plan applications for properties not set forth in Subsection B(1)(a) through (e) above and where the Board of Trustees does not retain final site plan approval authority.
[Amended 8-22-2017 by L.L. No. 6-2017]
(3)
In considering applications for site plan approval in which the Board
of Trustees is responsible for final review and approval of the site
plan, the Board of Trustees shall refer the application to the Planning
Board, which shall make recommendations with regard to environmental
impacts. The Planning Board shall recommend approval, approval with
modifications or disapproval, and the matter shall then be heard and
determined by the Board of Trustees.
C.
Applications for site plan review. Each application shall be accompanied
by the following:
(1)
Proof of ownership of the land to be subdivided, in a form approved
by the Village Attorney, and authorization by the owner that the application
may be submitted if the applicant is not the owner.
(2)
The requisite number of copies of the site plan drawings and support
documents.
(3)
A properly completed application form provided by the Land Use Officer
and a filing fee in an amount as set from time to time by the Board
of Trustees.[2]
(4)
An environmental assessment form (EAF) properly completed.
(5)
A coastal assessment form (CAF) properly completed.
(6)
All additional submittal requirements cited in Appendix D.[3]
[3]
Editor's Note: Appendix D is included at the end of this chapter.
D.
Criteria for approval. The Board of Trustees and/or the Planning
Board shall evaluate each application for site plan based on the purposes
and standards of this chapter, adopted design guidelines, and adopted
plans, including the Vision Plan and the Local Waterfront Revitalization
Plan, as well as the finding of the environmental quality review for
the application. In addition, each application shall meet the following
standards:
(1)
Siting of buildings and other improvements to the maximum extent
practicable shall avoid environmentally sensitive areas and features,
including rock outcrops, steep slopes and highly erodible soils. In
the event that such environmentally sensitive features are present
and will be altered or otherwise affected by the proposed building
or other improvements, an erosion and sediment control plan shall
be provided in supplement to the site plan and shall be subject to
approval by the Board of Trustees and/or the Planning Board. The erosion
and sediment control plan shall be prepared by a competent professional
and shall be consistent with the provisions of the New York State
Department of Environmental Conservation Manual for Erosion and Sediment
Control, as amended from time to time.
(2)
Siting of buildings and other improvements shall include adequate
stormwater and surface water drainage facilities on site to ensure
no net increase in stormwater runoff from the site as a result of
the proposed development. Roof leaders, etc., must be directed to
appropriate drainage control structures on site and specifically may
not be directed uncontrolled to Village streets.
(3)
Siting of buildings and other improvements shall provide for adequate
screening and minimizing noise and lighting impacts upon surrounding
property owners.
(4)
Siting of buildings, walkways, driveways, roads and other improvements
shall provide for safe, adequate and convenient pedestrian and vehicular
traffic circulation, both on the site and in the surrounding streets.
Excessive grades in the design of roads and/or driveways shall be
avoided.
[Amended 6-14-2011 by L.L. No. 6-2011]
(5)
Siting of buildings and other improvements shall minimize disturbance
to open space and natural features located on publicly owned lands
adjacent to the site, including, but not limited to, parkland, wildlife
habitat and scenic views.
(6)
Buildings and other proposed improvements shall conform to the height,
bulk and other requirements of this chapter, except as adjusted by
variances granted by the Zoning Board of Appeals, or otherwise modified
or waived by the Board of Trustees and/or the Planning Board.
(7)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 262 of the Village of Dobbs Ferry Village Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 262-8 of the Village of Dobbs Ferry Code.
[Added 6-14-2011 by L.L. No. 6-2011]
E.
Modifications and waivers. In order to permit a site-specific plan that is equal to or better than the strict application of the standards of this chapter, the Board of Trustees and/or the Planning Board may waive or modify applicable provisions of this chapter, except as provided in Subsection F below, if in its judgment such waiver or modification will be consistent with the purpose of promoting the health, safety or general welfare of the community and the purposes of this chapter. The decisionmaking body shall set appropriate conditions on any modification or waiver.
[Amended 6-14-2011 by L.L. No. 6-2011]
F.
Variances. Except as provided in Subsection E of this section, in any case where the site plan submitted by the applicant indicates that a variance will be required in order to use the premises as shown on the site plan, the applicant shall submit an application to the Zoning Board of Appeals simultaneously with the filing of the application for approval of the site plan with the Building Inspector. Upon adoption by the Zoning Board of Appeals of a resolution granting the application for the variance, after public hearing, said variance shall be deemed to be incorporated into the site plan submitted by the applicant. A copy of the action taken by the Board of Appeals shall be furnished to the Board of Trustees and/or the Planning Board.
[Amended 6-14-2011 by L.L. No. 6-2011]
G.
Time for decision. The Board of Trustees and/or the Planning Board shall grant, deny, grant subject to conditions, or make recommendations in accordance with applicable law, subject to such extensions of time as may be required to obtain further information, to complete the environmental quality review process, complete required reviews, or for the applicant to submit amendments to the application. Any decision shall contain written findings explaining the rationale for the decision in light of the criteria specified at § 300-52C and D above.
H.
Procedures following site plan approval.
(1)
Within 180 days after receiving approval of a site plan, with or
without modifications, the applicant shall submit three copies of
the site plan to the Board of Trustees and/or the Planning Board for
stamping and signing. This time frame may be extended for a maximum
of two ninety-day periods.
(2)
The site plan submitted for stamping shall conform strictly to the
site plan approved by the Board of Trustees and/or the Planning Board,
except that it shall further incorporate any required revisions or
other modifications and shall be accompanied by the following additional
information:
(a)
Record of application for and approval status of all necessary
permits from federal, state and county officials.
(b)
Detailed sizing and final material specification of all required
improvements.
(c)
An estimated project construction schedule. If a performance
guaranty is to be provided by the applicant for all or some portion
of the work, a detailed cost estimate shall be included.
(d)
Proof of payment of the costs of consultants retained by the
Village for review.
(3)
Upon stamping and signing the site plan, the Board of Trustees and/or
the Planning Board shall forward a copy of the approved site plan
or subdivision to the Land Use Officer and the applicant. Once the
site plan is duly filed in the office of the Westchester County Clerk
Land Records, the Land Use Officer may then issue a building permit
or certificate of occupancy, provided that the project conforms to
all other applicable requirements.
[Amended 6-14-2011 by L.L. No. 6-2011]
I.
Performance guaranty. No certificate of occupancy shall be issued
until all improvements shown on the site plan are installed or a sufficient
performance guaranty has been posted for improvements not yet completed.
The performance guaranty shall be posted in accordance with the procedures
specified in Village Law § 7-725-a or 7-730, as applicable.
The amount and sufficiency of such performance guaranty shall be determined
by the Land Use Officer. The amount of such guaranty shall be in the
form of 95% surety and 5% cash.
J.
Reservation of parkland.
(1)
Findings.
(a)
The provision of adequate park and recreational facilities for
both active and passive recreational pursuits by existing and future
residents of the Village is necessary and appropriate to their health,
safety and well-being.
[Amended 6-14-2011 by L.L. No. 6-2011]
(b)
New residential development may create additional demand for
both active and passive recreational facilities and areas, and new
facilities and areas for recreation will need to be established to
meet the growing and increased needs of residents for each new dwelling
unit constructed in the Village.
(c)
It is fair and appropriate that the developers and owners of
new residential developments and units be responsible for addressing
the impact of their project on the recreational facilities in the
Village from both an operational and capital perspective.
[Amended 6-14-2011 by L.L. No. 6-2011]
(2)
Dedication and reservation of parks and open space. In order to meet
the new demand on recreational facilities, land suitable for recreational
and park use by the residents of the Village of Dobbs Ferry shall
be required for each new dwelling unit. If the Board of Trustees and/or
the Planning Board finds that no suitable parkland exists as part
of the site plan and/or subdivision, a payment in lieu of parkland
shall be required for each new dwelling unit constructed in accordance
with the Village of Dobbs Ferry Code.
(3)
Disposition of funds. Any monies required by the Village for park, playground or other recreational purposes, pursuant to the provisions of this section and any other provision of the Village of Dobbs Ferry Code, shall be deposited in the Village trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property. Such payment shall be a condition of site plan and/or subdivision approval and shall be assessed in accordance with the recreation fee schedule established under Chapter 175, Fees, in the Village Code or other relevant fee established by the Board of Trustees in conjunction with the site-specific findings made by the Board of Trustees. For homes in a site plan and/or subdivision, no certificate of occupancy shall be granted by the Village unless such payment has been received. A note so stating shall be affixed to the site plan or subdivision plat filed with the Westchester County Clerk's office (Division of Land Records). When deemed appropriate by the Board of Trustees, the payment of recreation fees may be required prior to the issuance of a building permit for the project.
A.
Applicability. All applications for special permits shall be referred to the Planning Board for decision, except that, in accordance with § 300-22B, any application to alter, enlarge or extend a nonconforming site, structure or sign shall be referred to the Zoning Board of Appeals for decision.
B.
Criteria for approval. In authorizing the issuance of a special permit,
the reviewing board shall take into consideration the public health,
safety and welfare and the purposes of this chapter. In addition,
each special permit use shall be:
(1)
Consistent with the use-specific standards provided in Article XIII of this chapter, if applicable;
(2)
Consistent with the adopted guidelines, the Vision Plan and the Local
Waterfront Revitalization Plan, and the findings of the environmental
quality review, if applicable;
(3)
Of such character, size and location that it will be in harmony with
the orderly development of the area and will not be detrimental to
the orderly development of adjacent districts; and
(4)
Located as so not to impair the use, enjoyment and value of adjacent
residential properties and be of such nature as not to create undue
traffic hazards or need for parking facilities or be hazardous or
detrimental to the prevailing residential character of the neighborhood.
C.
Time for decision. The Planning Board and/or Zoning Board of Appeals shall approve, approve subject to conditions and/or modifications, or deny the application in accordance with applicable law, subject to such extensions of time as may be required to obtain further information, to complete the environmental quality review process, or for the applicant to submit amendments to the application. Any decision shall contain written findings explaining the rationale for the decision in light of the criteria specified at § 300-53B above within 30 days of any decision of said board.
D.
Post-approval procedure. If the application for which the special
permit was granted requires additional approvals pursuant to this
chapter, the board shall refer the special permit application, together
with a resolution detailing the conditions of approval, to the appropriate
agency. If the special permit application does not require additional
approvals, the board shall refer the application, together with a
resolution detailing the conditions of approval, to the Land Use Officer.
E.
Time limits. In granting a special permit, the approving agency may
impose time frames and/or time limits on the special permit either
stipulating the date and time upon which the special permit expires
or setting forth the requirements for an extension of the special
permit. The approving agency, if it so deems it to be necessary, may
also stipulate the details, conditions and requirements for renewal.
