There is hereby established in the Village of Dobbs Ferry the
position of Land Use Officer, to be appointed by the Mayor subject
to the approval of the Board of Trustees. The Board of Trustees may
assign the duties of Land Use Officer to a duly appointed employee
of the Village, and such employee shall carry out the duties of the
Land Use Officer as set forth herein. The Land Use Officer shall have
the following powers and duties:
A.
To assist the public and the Village government in complying with
this chapter by providing application forms and explanatory materials
to applicants and ensuring that application forms and other materials
are delivered in a timely fashion to reviewing boards and agencies.
[Amended 8-22-2017 by L.L. No. 6-2017]
B.
To call to the attention of the Mayor and Board of Trustees any application for site plan review that may be appropriate for consideration under the provisions of Article XII.
D.
To evaluate applications for development in order to determine their
completeness and compliance with the provisions of this chapter for
the purpose of referring applications to the appropriate reviewing
board.
F.
To enforce this chapter pursuant to the terms of § 300-29 of this chapter, including but not limited to, the issuance of stop-work or cease-and-desist orders and/or the institution of an appropriate legal action or proceeding to prevent, restrain, correct or abate any violation of this chapter, to prevent the occupancy of premises, or to prevent any activity, business or use that violates this chapter.
G.
To review site plans and subdivision plats submitted pursuant to
this chapter and to inspect premises which have obtained one or more
approvals pursuant to this chapter to ensure that said plans and premises
comply with the approvals granted.
H.
To issue, upon request of a property owner or other interested party,
certifications for nonconforming uses, buildings, structures and lots
that may lawfully continue in accordance with the provisions of this
chapter. Said certifications shall specify the date of establishment
or construction and the legality of such nonconforming use, building
or structure and/or lot, and shall specify individually each element
of nonconformity.
[1]
Editor’s Note: Former § 300-26, Technical Advisory
Committee, was repealed 8-22-2017 by L.L. No. 6-2017.
A.
General requirements. The Planning Board, Zoning Board of Appeals,
Architectural and Historic Review Board and Conservation Advisory
Board shall follow the following procedures for all meetings:
(1)
All meetings and hearings of the Planning Board, Zoning Board of
Appeals, Architectural and Historic Review Board and Conservation
Advisory Board shall be held at the call of the Chairman and at such
other times as such board may determine, and shall be open to the
public. The board shall fix a reasonable time for the hearing of an
application or appeal; give due notice thereof to the applicant, the
Land Use Officer and the other persons affected; and decide the application
or appeal within a reasonable time. Upon a hearing, any party may
appear in person or by agent or by attorney. The Chairman or, in his
absence, the Acting Chairman may administer oaths and compel the attendance
of witnesses.
(2)
Every decision of the board shall be made by majority vote. In every
case, the board shall state the reason or reasons for its decisions.
(3)
The board shall keep minutes of its proceedings, showing the vote
of each member upon every question/motion or, if absent or failing
to vote, indicating such fact, and shall also keep records of its
examinations and other official actions. Said minutes and records
shall be kept in the municipal offices and shall be open to public
inspection.
(4)
Every rule and regulation of the board and every amendment or repeal
thereof shall be immediately filed in the Village Clerk's office and
be a public record. A record of all orders, requirements and decisions
of the board shall be kept in the office of the Village Clerk, and
such record shall also be open to public inspection.
(5)
Every board shall prepare a written description of the requirements
for submission and the procedures for each application, setting forth
in detail the sequence and the time requirements for each step in
the process.
B.
Examinations, inspections and testimony. In addition to the above,
the Planning Board, Zoning Board of Appeals, Architectural and Historic
Review Board. and Conservation Advisory Board may exercise the following
powers, when relevant or necessary to carry out the provisions of
this chapter, to assist it in arriving at its decisions:
A.
Applicability. The procedures contained herein apply to all applications.
B.
Submission procedure.
[Amended 8-22-2017 by L.L. No. 6-2017]
(1)
All applications shall be submitted to the Land Use Officer for referral
to the appropriate board.
(2)
Applications which require design review but not site plan approval,
subdivision approval, variances or a special permit shall be referred
to the Architectural and Historic Review Board by the Land Use Officer.
(3)
Applications requiring site plan review, subdivision approval, variances
or special permits shall be submitted to the Land Use Officer.
(4)
Applications requiring site plan review located in the Waterfront
(A); Waterfront (B); Chauncey Park; Downtown; or Educational/Institutional
District, or involving more than one acre of land, shall be submitted
by the Land Use Officer to the Board of Trustees.
(5)
Applications requiring a variance(s) shall be submitted by the Land
Use Officer to the Zoning Board of Appeals.
C.
Processing of applications.
(1)
General principles:
(a)
Where applications require review by more than one board, reviewing
boards are encouraged to consider whether it will promote efficiency
to schedule joint meetings or hearings, and to do so in appropriate
cases.
(b)
Reviewing boards are required to schedule joint hearings where
a reviewing body wishes to modify a condition imposed by a prior board.
No prior condition shall be modified except at a joint hearing of
the boards involved. Boards shall only place a condition on a project
approval or recommendation if it is within its jurisdiction and authority
to do so.
(c)
At any time during its consideration of an application, a reviewing
board may forward the application to another board from which a subsequent
approval is required if, in the opinion of the board, the application
involves threshold issues which lie in the other board's area of expertise.
The board to which the application is forwarded shall, within 45 days,
review the application informally and make recommendations to the
board from which it is forwarded, but it shall not hold a formal hearing
on the application or grant or deny the application. In such cases,
joint meetings are especially encouraged but not required.
D.
Submission requirements.
(1)
The Land Use Officer shall provide the applicant with application
forms, including a checklist, which shall stipulate, at minimum, the
items required in Appendix D.[1] The applicant shall submit this form together with the
application materials. The applicant may request on the form that
one or more required items in the checklist be waived. Each request
for a checklist waiver shall be accompanied by written documentation
providing the reasons the waiver is being requested.
[1]
Editor's Note: Appendix D is included at the end of this chapter.
(2)
An application shall be accompanied by plans and descriptive information
sufficient to clearly portray the intentions of the applicant and
shall include, at minimum, the information shown in Appendix D, along
with any other requirements established by the Village. Site plans
shall be prepared by an engineer, architect, landscape architect,
planner or other qualified professional.
(3)
Reviewing boards have the authority to deem specific information
shown in Appendix D as not required for a particular application when,
in the opinion of the reviewing board, the particular information
is not pertinent to the application or its review.
E.
Approvals by other agencies.
(1)
Approval by the County Planning Board. Any application requiring
referral to the County Planning Board pursuant to § 239-m
or 239-n of the General Municipal Law shall be referred to that Board
by the Planning Board prior to the scheduling of any public hearings
by any Village review board. If an application requires referral to
the County Planning Board, the procedures of the General Municipal
Law at § 239-m or 239-n, as appropriate, shall be followed
for the review and approval of such applications, in addition to those
procedures set forth in this chapter.
(2)
The applicant shall be responsible for securing permits or approvals
from any other state, federal or county agency as may be required.
All such required approvals and permits from state, federal or county
agencies shall either be obtained prior to approvals being granted
or otherwise shall be required as a condition of approval. The Land
Use Officer or Building Inspector shall not grant a building permit
until such permits and approvals have been secured.
F.
Amendments to applications.
(1)
The applicant may submit an amended application at any time during
the approval process, provided that the amended application conforms
with all conditions imposed by prior reviewing boards and does not
require additional approvals beyond those needed for the original
application, except that, if the application is before the Zoning
Board of Appeals or the Planning Board, the applicant may request
additional or different variances in response to a recommendation
made by the Board, provided that such variances do not violate any
conditions imposed by a prior reviewing body.
(2)
If any reviewing board determines that an amendment: has substantially
changed the nature of the application, may require approvals not needed
for the original application, may no longer require an approval previously
deemed necessary, and/or may require a supplemental environmental
impact statement, the board shall refer the application to the Land
Use Officer for referral to the appropriate board for review.
G.
Public notice and hearing.
(1)
Public hearings are required for the following applications: (1)
site plan review; (2) subdivision review; (3) variances; and (4) special
permits. The reviewing board shall hold a public meeting on a complete
application in accordance with applicable law. The relevant board
shall give public notice of the initial public hearing by causing
publication of a notice of such hearing in the official newspaper
at least five days prior to the date thereof. The applicant shall
be required to send notices of public hearings to owners of properties
within 200 feet of the subject property by certified mailing and shall
provide proof in the form of an affidavit that such notice has been
given.
[Amended 8-22-2017 by L.L. No. 6-2017]
(2)
For all special permits, variances, site plans, subdivisions and
for other matters as established by this chapter, including review
of applications by the Architectural Review Board, the applicant shall
also be required to post a notice on a sign provided by the Land Use
Officer, stating that there is a pending application on the property
and a telephone number to call for further information. This sign
shall be posted in public view in a conspicuous location within three
days after the application has been accepted by the Village and a
meeting or hearing date scheduled. The sign shall remain in place
until the day after the hearing is closed.
(3)
When a public hearing and/or public meeting is completed, the reviewing
board shall decide by vote whether to approve, approve with conditions,
or disapprove the application. The size of the majority required for
approval shall be determined in accordance with the New York State
Village Law. Within 30 days of a decision, the reviewing board shall
set forth in writing a resolution of approval or disapproval describing
the reasons therefor and any conditions attached to the approval.
H.
Effect of approval or disapproval.
(1)
Approval of an application by any reviewing entity shall grant the
applicant the right to proceed with the application, pursuant to the
provisions of this chapter and other relevant chapters in this Code,
for a period of one year. Additionally, such approval period shall
be extended for the length of time required to obtain any subsequent
approvals required by this chapter or by county, state or federal
agencies.
(2)
If no zoning amendments or other changes to Village regulations affecting
the subject property have been enacted in the interim, the Building
Inspector shall authorize in writing the extension of the approval
of an application by an additional one year; however, in no case shall
an approval be extended for more than three additional years beyond
the original expiration date.
(3)
Denial or disapproval of an application by any reviewing entity, except in the case of a nonbinding review, shall cause the application process to cease. The applicant may submit a new application at any time following a denial or the applicant may appeal the denial as set forth at § 300-23B of this article. Appeals of decisions for which there is no procedure set forth at § 300-23B may be made to the Supreme Court as provided at § 7-712-c of the Village Law.
[Amended 6-13-2017 by L.L. No. 4-2017]
A.
Violations. All buildings and land used, and all buildings and structures
erected, converted, enlarged, reconstructed, moved or structurally
altered, must comply with all applicable provisions of this chapter.
Failure to comply with applicable provisions constitutes a violation
of this chapter. Express violations include, but are not limited to,
the following:
(1)
Using land or buildings in any way not consistent with the requirements
of this chapter;
(2)
Erecting a building or other structure in any way not consistent
with the requirements of this chapter;
(3)
Engaging in the development of land in any way not consistent with
the requirements of this chapter;
(4)
Installation or use of a sign in any way not consistent with the
requirements of this chapter;
(5)
Engaging in the use of a building or land, the use or installation
of a sign, or any other activity requiring one or more permits or
approvals under this chapter without obtaining all such permits or
approvals;
(6)
Failure to comply with any permit or approval granted under this
chapter;
(7)
Failure to comply with any condition imposed on a permit or approval;
(8)
Obscuring, obstructing, removing or destroying any notice required
to be posted or otherwise given under this chapter; or
(9)
Disobeying, omitting, neglecting or refusing to comply with or resisting
the enforcement of any of the provisions of this chapter.
B.
Enforcement for violations on historic properties.
(1)
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the AHRB, the
Building Inspector shall issue a stop-work order and all work shall
immediately cease. No further work shall be undertaken on the project
as long as a stop-work order is in effect.
(2)
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits an individual landmark, scenic landmark, or
contributing property within an historic district to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness or demolition permit or other approval
by the AHRB may be required by the Board of Trustees to restore the
property and its site to its appearance prior to the violation.
(3)
If, in the judgment of the AHRB, a violation of this chapter exists that will result in a detrimental effect upon the life and character of an individual landmark, scenic landmark, property with an historic district or on the character of an historic district as a whole, the AHRB shall notify the Building Inspector. If, upon investigation, the Building Inspector finds noncompliance with the requirements of the Property Maintenance Code of the New York State Fire Prevention and Building Code, or the affirmative maintenance and repair requirement (§ 300-19E), or any other applicable law or regulation, the building inspector shall order such remedies as are necessary and consistent with this chapter and shall provide written notice thereof to the AHRB. Upon such notification, the AHRB may establish a reasonable time not less than 30 days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the AHRB shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the AHRB's orders, the AHRB may recommend to the Board of Trustees that the required repairs be made at the expense of the Village, with the cost of labor and materials, as well as all other costs, including court costs and attorney's fees, to be placed as a lien against the property.
(4)
Nothing in this article shall prevent the Building Inspector to commence
proceedings in local court for violation of the Village Code, and/or
the Village from commencing any action in State Court to remedy any
and all violations on the property.
C.
Liability. The property owner, tenant or occupant of any land or
structure, or part thereof, or any design professional, builder, contractor,
vendor or authorized agent who participates in, assists, directs,
creates or maintains any situation that is contrary to the requirements
of this chapter is jointly and severally liable for the violation
and subject to all available penalties and remedies.
D.
Remedies and enforcement powers. The Village may use any lawful remedy
or enforcement power, expressly including those described in this
section.
(1)
Withhold permit. Village officials may deny or withhold all permits
or other forms of authorization for any land or structure for which
there is an uncorrected violation of a provision of this chapter or
of a condition or qualification of a permit or other authorization
previously granted by the Village. This provision applies regardless
of whether the current property owner or the applicant is responsible
for the violation in question.
(2)
Permits with conditions. Instead of withholding or denying a permit
or other authorization, Village officials may grant such authorization
subject to the condition that the violation be corrected by a specified
time. Village officials are also authorized to require adequate financial
assurances that such correction will be made.
(3)
Revoke permit.
(a)
Any permit or other form of authorization required and issued
under this chapter may be revoked when the Building Inspector determines
that:
(b)
Written notice of revocation shall be served upon the property
owner by certified mail and posted in a prominent location. Once notice
of revocation is provided, all construction must stop.
(4)
Stop work. Whenever development is occurring in violation of this
chapter, the Building Inspector may order the work to be immediately
stopped, in accordance with the following standards:
(5)
Injunctive relief. The Village may seek an injunction or other equitable
relief in court to stop any violation of this chapter.
(6)
Abatement. The Village may seek a court order in the nature of mandamus,
abatement, or other action or proceeding to abate or remove a violation
or to otherwise restore the premises in question to the condition
in which it existed before the violation.
(7)
Remedial action. Any person who violates this chapter by alteration
or modification of a structure to increase the number of dwelling
units or living spaces within the structure, or by allowing any such
alteration or modification to continue or to be used, or by altering
or modifying an office or commercial building to accommodate one or
more uses not permitted by this chapter is required to remove those
fixtures, electrical and plumbing connections, furnishings, partitions
and non-load-bearing walls determined by the Building Inspector to
constitute the violation. Failure to remove any of the foregoing constitutes
a separate violation.
(8)
Penalties.
(a)
Unless otherwise indicated, any violation of this chapter is
punishable by a penalty of not more than $350 for the first offense,
$750 for the second offense, and $1,000 for the third and subsequent
offenses. In addition to any penalties, all costs and expenses incurred
by the Village in determining such violation may be collected.
(b)
In addition, every violation of this chapter shall constitute
disorderly conduct and every person violating the Zoning Ordinance
shall be a disorderly person, subject to both a fine and imprisonment
not in excess of the maximum fine and imprisonment prescribed by the
Penal Law for such disorderly conduct.
(c)
Each week such violation or failure to comply exists after notice
constitutes a separate and distinct offense.
E.
Nothing in this chapter will be construed as depriving the Village
of the right to apply for an injunction to prevent any violation or
of employing any other remedies as allowed by law.
F.
Continuation of previous enforcement actions. Nothing in this chapter
will be interpreted to prohibit the continuation of previous enforcement
actions undertaken by the Village under previous valid ordinances
and laws.