Village of Dobbs Ferry, NY Article XII Site Plan and Special Permit Review

§ 300-52 Site plan review and waiver.

[Amended 6-14-2011 by L.L. No. 6-2011; 8-22-2017 by L.L. No. 6-2017; 7-23-2024 by L.L. No. 2-2024]

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 500 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.

(d) The expansion of any existing building by more than 500 square feet of floor area.

(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.

(f) A change of use, as defined in Tables A-1, A-2 and A-3,[1] of more than 1,000 square feet in an existing building.

[1] Editor's Note: Tables A-1, A-2 and A-3 are included at the end of this chapter in Appendix A.

(2) Site plan waiver. The Planning Board and/or the Village Board of Trustees may waive the requirements of site plan review upon request by or upon recommendation of the Land Use Officer.

B. Review of site plan applications by the Board of Trustees and Planning Board.

(1) The Board of Trustees shall be responsible for final review and approval of applications for site plan approval for the following zoning districts:

(a) Waterfront A;

(b) Waterfront B;

(c) Chauncey Park;

(d) Downtown; and

(e) Educational/Institutional District.

(2) Application referral from Land Use Officer.

(a) 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.

(b) The Board of Trustees shall have final site plan approval authority for all applications set forth in Subsection B(1)(a) through (e) above and for any application that impact at least one acre of land, 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.

(c) 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.

(d) 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 for any application that impact at least one acre of land.

(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.

(4) An environmental assessment form (EAF) properly completed.

(5) A coastal assessment form (CAF) properly completed.[2]

[2] Editor's Note: Former Subsection C(6), regarding additional submittal requirements, was repealed 7-23-2024 by L.L. No. 2-2024

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 for only unlisted or Type 1 actions under SEQR, 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.

(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 requirements of § 262-7 and the performance and design criteria and standards in § 262-8 of the Village of Dobbs Ferry Code.

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.

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. The Building Inspector may require the applicant to first obtain a referral from the Village Board and/or Planning Board to the Zoning Board of Appeals prior to submitting an application to the Zoning Board of Appeals. 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.

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.

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) Legislative 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 resulting from site plan and subdivision approvals 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.

(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 created as part of a site plan or subdivision approval. If, during the review of the application, 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 and/or the Planning Board. For dwelling units resulting from 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 and/or the Planning Board, the payment of recreation fees may be required prior to the issuance of a building permit for the project.

§ 300-53 Special use permits.

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 for all unlisted and Type I actions under SEQR;

[Amended 7-23-2024 by L.L. No. 2-2024]

(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.