[Amended 6-13-2017 by L.L. No. 4-2017]
A. Establishment and organization.
(1) Pursuant to § 7-718 of the Village Law, there is hereby
established in the Village of Dobbs Ferry a Planning Board which shall
consist of five members. All members of the Planning Board shall be
residents of the Village. The members shall be appointed by the Mayor,
subject to the approval of the Board of Trustees. All members, including
alternate members, shall comply with all other requirements of all
applicable laws, including training requirements.
(2) The Mayor shall nominate one of the members of the Planning Board
to serve as Chairperson, subject to the approval of the Board of Trustees.
(3) The members of the existing Planning Board in office at the time
this chapter takes effect shall continue in office until the end of
the terms for which they were appointed. Their successors shall be
appointed for terms of five years. The terms of Planning Board members
shall always be staggered in such manner as to provide that one member's
term expires each year in accordance with the provisions of § 7-718
of New York State Village Law.
(4) The Mayor shall appoint at least one but no more than two alternate
Planning Board members, subject to approval by the Board of Trustees.
The terms of the alternate members shall be three years, and no alternate
member shall be appointed in the same year as another alternate member,
except to fill the unexpired term of a vacancy. The Chairperson of
the Planning Board may designate an alternate member to substitute
for a regular member when such member is absent or unable to participate
because of a conflict of interest on an application or matter before
the Planning Board. Any alternate members shall attend all meetings
of the Planning Board, shall sit with the regular members during the
review of matters before the Board, and shall participate in all actions
of the Board up to, but not including, voting on motions, resolutions
and actions, unless they are substituting for a regular member.
(5) If a vacancy shall occur otherwise than by expiration of a term,
the Mayor shall appoint a new member for the unexpired term.
(6) To the extent that the provisions of this section are inconsistent
with the provisions of the Village Law at § 7-718, the Board
of Trustees hereby declares its intent to supersede the provisions
of the Village Law pursuant to § 10 et seq. of the Municipal
Home Rule Law.
B. Powers and duties. The Planning Board shall have the following powers
and duties:
(1) To adopt rules and regulations for its operation and to follow said
rules and regulations in the conduct of its official business.
(2) To review and recommend changes to the Vision Plan adopted by the
Board of Trustees pursuant to § 7-722 of the Village Law
of the State of New York.
(3) To review and recommend proposed amendments to this chapter.
(4) To hear and decide requests for preliminary and final subdivision approval pursuant to Article
XIV of this chapter.
(5) To hear and provide recommendations and/or approvals with regard to applications for site plan approval pursuant to Article
XII of this chapter.
(6) To hear and decide requests for special permits.
(7) To hear and decide applications for demolition permits, except with
regard to historic landmarks, scenic landmarks, or contributing properties
within an historic district.
(8) To review development applications for compliance with SEQRA.
(9) To review development applications for compliance with the Local
Waterfront Revitalization Plan.
(10)
To refer applications to the Board of Trustees, Zoning Board
of Appeals, Architectural and Historic Review Board, and Conservation
Advisory Board as required by the provisions of this chapter.
[Amended 8-22-2017 by L.L. No. 6-2017]
(11)
Upon the granting of an approval or making a recommendation,
to impose such reasonable conditions and restrictions as are intended
to promote the objectives of SEQRA, the Vision Plan, the Local Waterfront
Revitalization Plan, or other relevant law or officially adopted local
or regional plan, and as are directly related to and incidental to
the proposed use of the property.
(12)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist it in the conduct of its official business, which shall be paid for by the applicant in accordance with Article
XVI.
(13)
To submit a report to the Board of Trustees on any matter or
class of matters referred to the Planning Board by the Board of Trustees
for review and recommendation before final action is taken by the
Board of Trustees or other office or officer of the Village having
final authority over said matter. The Board of Trustees may stipulate
that final action shall not be taken until the Planning Board has
submitted its report thereon or has had a reasonable time to submit
the report.
(14)
To recommend to the Board of Trustees new or modified regulations
relating to any subject matter over which the Planning Board has jurisdiction
pursuant to this chapter.
(15)
To maintain and make available minutes of all of its meetings
in accordance with Article 7 of the Public Officers Law and to comply
with all applicable public notice and hearing requirements specified
in this chapter.
(16)
To perform such other tasks as may be necessary in the carrying
out of the above powers and duties.
C. Expenses. The Board of Trustees shall make such appropriation as
reasonable and necessary for the operation of the Planning Board,
including but not limited to the hiring of counsel, experts, clerks
and a secretary.