Dobbs Ferry City Zoning Code
ARTICLE XVI
Application Fees and Escrow Deposits, Amendments and Corrections 1
§ 300-89 Application fees and escrow deposits.
The Board of Trustees shall adopt by resolution a schedule of fees and escrow deposits for applications submitted pursuant to this chapter.
A.
Escrow procedures.
(1)
Use of funds.
(a)
Any funds deposited for escrow shall be used to cover the reasonable and necessary costs of reviewing an application. Costs may include consultant fees for planning, engineering, legal and other professional and technical services required for the proper and thorough review of an application. The reviews governed by this section shall include all environmental review pursuant to law, including review of the proposed action under the State Environmental Quality Review Act (SEQR).
(b)
The review expenses provided for herein are in addition to application or administrative fees required pursuant to this or other sections of this chapter. Monies deposited by applicants pursuant to this section shall not be used to offset the Village's general expenses of professional services for the several boards of the Village or its general administrative expenses.
(c)
Fees charged strictly as a result of a SEQR review shall in no event exceed the maximum amounts that can be charged pursuant to the SEQR regulations promulgated by the New York State Department of Environmental Conservation.
(d)
Upon receipt of monies requested for an escrow account, the Village Administrator shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Village and shall keep a separate record of all such monies deposited and the name of the applicant and project for which such sums were deposited.
(e)
Upon receipt and approval by the Village Administrator of itemized vouchers from consultants for services rendered on behalf of the Village regarding a particular application, the Village Administrator shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The consultant shall make copies of such vouchers available to the applicant at the same time the vouchers are submitted to the Village.
(2)
Review of vouchers; payment.
(a)
The Village Administrator shall review and audit all such vouchers and shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the Village in connection with the review and consideration of applications. A charge or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by consultants to the Village for services performed in connection with the review of a similar application. In auditing the vouchers, the Village Administrator may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the Village Administrator may deem relevant. A charge or part thereof is necessarily incurred if it was charged by the consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Village, and protect public or private property from damage.
(b)
In no event shall an applicant make direct payment to any Village consultant.
(c)
If at any time during the processing of an application there shall be insufficient monies on hand to the credit of an applicant to pay the approved vouchers in full, or if it shall reasonably appear to the reviewing board that such monies will be insufficient to meet vouchers yet to be submitted, the reviewing board shall cause the applicant to deposit additional sums as the board deems necessary or advisable in order to meet such expenses or anticipated expenses.
(d)
In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy may be withheld or suspended by the reviewing board, officer or employee of the Village until such monies are deposited.
(e)
Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Village have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.
B.
Application fees. The Board of Trustees shall adopt by resolution a schedule of fees and escrow deposits for applications submitted pursuant to this chapter.
§ 300-90 Corrections to text.
Following the adoption of these land use regulations, including the Vision Plan, Guidelines, and Official Village Map,[1] misspellings, incorrect grammar, typos and similar mistakes may be corrected by the Village, subject to review by the Village Attorney, without a review, approval procedure, or public hearing, provided that the substance, standards and intent of the documents remain unchanged.
[1]
Editor's Note: The Vision Plan is on file in the Village office; the guidelines and copies of the Official Village Maps are included at the end of this chapter.
§ 300-91 Procedure for amending chapter.
[Added 7-23-2024 by L.L. No. 2-2024]
New York Village Law § 7-700 empowers the Board of Trustees to act by local law to adopt, amend, supplement or repeal this chapter, or any part thereof. Prior to conducting the public hearing required by law and specified in Subsection C hereof, the proposed local law shall be referred by the Village Board to the Planning Board for review and preparation of a written response which shall be rendered no later than 62 days following such referral.
A.
Response from the Planning Board. When reviewing a proposed local law, the Planning Board shall consider the criteria specified below:
(1)
In connection with an amendment or change in the text of this chapter:
(a)
Whether such change is consistent with the aims and principles embodied in the law as to the particular districts concerned.
(b)
Which areas, land uses, buildings and establishments in the Village will be directly affected by such change, and in what way they will be affected.
(c)
Any indirect implications of such change in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Vision Plan of the Village and the LWRP.
(2)
In connection with a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and other public facilities and services, including roads, exist or can be reasonably expected to be created to serve the needs of any additional dwellings or other uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Village as envisaged by the Comprehensive Plan and the LWRP.
B.
Any petition for a zoning amendment shall be accompanied by a fee in an amount set by the Village Board of Trustees in accordance with Chapter 175. No fee shall be required for petitions filed in favor of or against any application.
C.
By resolution adopted at a meeting of the Village Board, the Village Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 7-706 of Article VII of the Village Law. All notices of public hearing shall specify the nature of any proposed amendment, the land or district affected, and the date when and the place where the public hearing will be held. At least 15 days' notice of the time and place of such hearing shall be published in the official newspaper of the Village. When such proposed amendment reflects a change to the Zoning Map, the Village Clerk shall cause notice to be mailed at least 15 days before the hearing to all owners of properties which lie within 300 feet of the map change and to such other owners as the Village Board may deem advisable. The names of said owners shall be taken as they appear on the last completed tax roll of the Village. In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of § 7-708 of Article VII of New York Village Law.