[Adopted 2-1-1966 as Art. 16-4 of the 1966 Dobbs Ferry
Village Code]
No building or structure shall be erected, added to or structurally altered and no advertising sign or business sign shall be placed upon any building or land within the Village unless all the provisions of all applicable laws and ordinances affecting the property involved are complied with, including the issuance by the Board of Zoning Appeals of a special permit therefor pursuant to the provisions of Article VII of Chapter 300 of this Code, entitled "Zoning Board of Appeals," whenever it is provided in Chapter 300 of this Code, Zoning and Land Use, that a special permit is required for a particular use, and unless a building permit therefor has been issued by the Building Inspector. No building permit shall be required for municipally owned structures upon municipally owned land.
A.
No building permit shall be issued until there has
been filed with the Building Inspector an application therefor, together
with a plan in triplicate drawn to scale, showing the actual dimensions
of the building, structure or sign, as the case may be, radii and
angles of the lot to be built upon, or the exact location of a proposed
sign, the location on the lot of the proposed building or structure,
and such other information as may be necessary to enable the Building
Inspector to determine that the proposed building, structure or sign
is in conformity with all applicable provisions of law and ordinances.
Said plan must be prepared by a licensed engineer or architect when
so directed by the Building Inspector.
B.
Where the lot on which a building is to be built has
variations in elevation from the front lot line to the rear lot line
or from side line to side line exceeding two feet, the application
shall be accompanied by a map, certified by a licensed surveyor, showing
the proposed contours at two-foot intervals which will exist upon
the completion of the building and grading of the lot.
C.
One copy of such plan shall be returned to the applicant
when approved by the Building Inspector, together with the permit.
E.
Reservation of parkland.
[Added 6-27-2006 by L.L. No. 7-2006]
(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.
(b)
New residential development will create an additional
demand for both active and passive recreational facilities and areas,
and new facilities and areas will need to be established to meet the
needs of residents occupying dwelling units that will be built after
enactment hereof.
(c)
It is fair and appropriate that the new development
be borne substantially or entirely by developers of new residential
properties.
(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, or payment in lieu thereof, if the Building Inspector finds
that no suitable parkland exists on the parcel, shall be required
for each new dwelling unit constructed.
(3)
Any monies required by the Building Inspector in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in a 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 any building permit approval and shall be assessed in accordance with the fee schedule established under Chapter 175, Fees, in the Village Code. No certificate of occupancy shall be granted by the Village until such payment has been received by the Village and receipt therefor provided to the Board of Trustees.
(4)
Notwithstanding the foregoing provisions, if the land
included as part of new residential development requiring a building
permit was previously assessed a recreation fee under a site plan
or subdivision approval, the Building Inspector shall credit the applicant
with any land set aside or money donated in lieu thereof under such
subdivision approval. In the event of resubdivision of such plat or
a major amendment to the site plan, nothing shall preclude the additional
reservation of parkland or money donated in lieu thereof. Rebuilding,
replacing or expanding residential development which previously existed
shall be exempt from any parkland set aside or recreational fee unless
the rebuilding, replacing or expansion results in an increase in the
number of dwelling units.
[Amended 1-24-2012 by L.L. No. 1-2012]
A.
Any building or structure, the construction of which was not commenced within 90 days of the date of the issuance of the building permit therefor, and the construction of which was not completed, including grading, the paving of driveways, access roads and parking areas, within 12 months of the date of the issuance of the building permit therefor, in accordance with the plans and specifications on file with the Building Inspector, shall be considered a violation of this chapter and, in addition to any penalties which may be associated with the violation, the owner, lessee or contractor ("applicant") will be assessed additional fees in amounts as may be set by the Board of Trustees in accordance with Chapter 175.
[Amended 7-13-2021 by L.L. No. 4-2021]
B.
The Building Inspector has the discretion to extend such twelve-month
period for such additional period or periods upon the submission of
satisfactory proof that the completion of the construction was delayed
by reasons outside the control of the applicant.
[Amended 7-13-2021 by L.L. No. 4-2021]
C.
An applicant that has a valid/unexpired building permit shall be granted an extension of said building permit before it expires, for a period of six months, upon application to the Building Inspector, upon payment of a fee set by the Board of Trustees in accordance with Chapter 175.
[Amended 7-13-2021 by L.L. No. 4-2021]
D.
An applicant that had a valid building permit, but said building permit is now expired for a period less than one year, upon application to the Building Inspector, shall be granted an extension of said building permit for a period of six months, upon payment of a fee set by the Board of Trustees in accordance with Chapter 175.
[Amended 7-13-2021 by L.L. No. 4-2021]
E.
An applicant that had a valid building permit, but said building permit expired for a period greater than one year, but less than two years, upon application to the Building Inspector, shall be granted an extension of said building permit for a period of six months, upon payment of a fee set by the Board of Trustees in accordance with Chapter 175.
[Amended 7-13-2021 by L.L. No. 4-2021]
F.
No permit, including any extensions, shall be valid for a period
of more than 3 1/2 years from the original issuance date.
