Village of Rye Brook, NY Design Standards

Land to be subdivided shall be designed in reasonable conformity to existing topography in order to minimize grading, cut and fill and to retain, insofar as possible, the natural contours, to limit stormwater runoff and to conserve the natural vegetative cover and soil. No tree, topsoil or excavated material shall be removed from its natural position except where necessary and incidental to the improvement of lots and the construction of streets and related facilities in accordance with the approved plan. Topsoil shall be restored to a depth of at least six inches and properly seeded and fertilized in those disturbed areas not occupied by buildings or structures.

Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the Village as a whole, such as wetlands, watercourses, water bodies, rock formations, stands of trees, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision, and, where appropriate, the approval authority may require the inclusion of such features as permanent reservations.

Conformity to Village Long-Range Development Plan and Official Map. Streets, parks and other subdivision features shall conform to the Village Long-Range Development Plan and the Official Map.

Frontage on improved streets. The area proposed to be subdivided shall have frontage on and direct access to a street duly placed on the Official Map, and if such street is private, it shall be improved to the satisfaction of the approval authority or there shall be a bond held by the Village to guarantee such improvement.

§ 219-23 Streets.

Location, width and improvement. Streets shall be suitably located, of sufficient width and adequately improved to accommodate the expected traffic and to afford satisfactory access to police, fire-fighting, snow removal and other utility and road maintenance equipment and shall be coordinated so as to compose a safe and convenient system.

Relation to topography. Streets shall be appropriately related to the natural topography and shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and curves shall be avoided.

Intersections. Cross (four-cornered) street intersections shall be avoided insofar as possible, except at important traffic locations. A distance at least equal to the minimum required lot width, but not less than 150 feet, shall be maintained between center lines of offset intersecting streets. Within 60 feet of the center of an intersection, streets shall be at approximately right angles, and grades shall be limited to 1.5%. When two streets intersect at an angle of less than 75°, special pavement, channelization, right-of-way and/or sight easement restrictions may be required by the approval authority.

Continuation of streets into adjacent properties.

The arrangement of streets shall provide for their construction between adjacent properties where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services and/or where such continuation is in accordance with the Village Long-Range Development Plan. Alternatively, if a street continuation is not determined to be warranted by the circumstances or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the approval authority may require such street to be terminated short of the boundary lines of the subdivision.

Where a continuation of a street beyond the boundaries of a subdivision is warranted but the adjacent property is undeveloped and the street must dead-end temporarily, the approval authority may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners upon continuation of the street. The length of temporary dead-end streets shall normally be limited to not more than double the permitted length of permanent dead-end streets.

Where a turnaround exists at the end of a street within an adjoining development to which a proposed street is to connect, the applicant may be required to remove the portions of the turnaround pavement outside of the normal width of the traveled way, perform any necessary reconstruction of the pavement edge, construct continuations of any existing driveways to the new pavement edge and regrade, seed and drain the disturbed areas in such a manner as to blend them in with the surrounding landscape.

Permanent dead-end streets. Where a street does not extend to the boundary of a subdivision and its future continuation is not required by the approval authority, it shall be separated from such boundary by a distance not less than the minimum required horizontal circle dimension. The approval authority may require the reservation of an easement to the boundary to accommodate utilities, drainage facilities and/or pedestrian traffic. A circular turnaround shall be provided at the end of a permanent dead-end street. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length, exclusive of the turnaround, to eight times the minimum required horizontal circle dimension for the zoning district in which it is located.

Solar access considerations. To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations, new streets shall be located on an east-west access. This encourages houses sitting with the maximum exposure of roof and wall area to the sun. The approval authority shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.

Street names. Street names shall be sufficiently different in sound and in spelling from other names in the Village so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. In general, street names shall conform to the following classifications:

	Name	Type of Street
	Avenue, Street or Road	Major or collector street
	Drive or Lane	Minor residential street except as follows
	Court or Place	Permanent dead-end street
	Circle or Loop	Street that returns to a starting point, or a street both ends of which intersect another street at different locations

Design standards for new streets. Streets shall meet the design standards set forth in the table included at the end of this chapter. Street classifications may be indicated on the Village Long-Range Development Plan or may be determined by the approval authority. Standards are not shown for streets which would be built by the state or county.

§ 219-24 Improvements.

Street improvements. Streets shall be graded and improved with pavement, sidewalks, curbs, gutters, streetlighting standards, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities, except that the approval authority may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The subdivider shall install underground service connection to the property line of each lot before the street is paved. Except where waivers are granted, all such grading and street improvements shall conform in all respects to these regulations and to the Village Construction Standards and Specifications.

Drainage improvements.

The subdivider may be required by the approval authority to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the Village Construction Standards and Specifications.

Drainage facilities shall, in each case, be large enough to accommodate potential runoff from their entire upstream drainage area, whether inside or outside the subdivision, based on a one-hundred-year storm and assuming conditions of maximum potential development within the watershed as permitted by the Zoning Law.[1] The applicant shall be responsible for submitting such computations to the Director of Public Works in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installations, and the Director of Public Works shall be responsible for reviewing these and preparing recommendations for the approval authority.

Editor's Note: See Ch. 250, Zoning.

The approval authority may also require the subdivider to prepare a study of the effects of the subdivision on existing downstream drainage facilities. Where such study or the approval authority after an independent analysis determines that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the approval authority shall notify the owner of such downstream facility of such potential condition and may withhold approval of the subdivision until provision has been made for the correction of said potential condition.

Underground utilities. In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed underground in the manner prescribed by the regulations of the utility company having jurisdiction. Underground utility lines shall be located outside of the traveled way of the streets but, except in unusual circumstances, within the street right-of-way. Underground service connections shall be provided to the property line of each lot before the street is paved and may pass under the traveled way of the street.

Other improvements.

Monuments.

(a)

Monuments shall be required wherever deemed necessary by the approval authority to enable all property lines to be readily reproduced on the ground. In general, monuments shall be located no more than 500 feet apart on street lines, preferably at street, lot or easement corners or at points of curvature or tangency on curved streets and spaced to be within sight of one another along lines entirely within the street right-of-way.

(b)

Monuments shall be set vertically in solid ground three inches above the ground surface with accurate reference to a permanently identifiable fixed point and shall meet or exceed the construction requirements specified in the Village Construction Standards and Specifications.

Traffic control and street signs. Traffic control and street signs shall be provided by the subdivider and placed at all intersections, within the street right-of-way, and in other locations as required by the approving authority. In the case of traffic control signs, their type and location shall be approved by the Director of Public Works of the Village of Rye Brook, and in the case of street signs by the Director of Public Works of the Village of Rye Brook.

Streetlighting standards. When required by the approval authority, streetlighting standards, of a design and location specified in the Village Construction Standards and Specifications, shall be provided and installed by the subdivider.

(4)

Sanitary sewers and sewerage facilities, water mains and water supply facilities and fire hydrants. Where required by the approval authority, the subdivider shall install sanitary sewers and sewerage facilities and/or water mains and water supply facilities and fire hydrants of the type and in a manner specified in the Village Construction Standards and Specifications.

(5)

Fire alarm signal devices. Where required by the approval authority, the subdivider shall install fire alarm signal devices, including necessary ducts, cable and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district or other municipal agency having jurisdiction.

(6)

Street trees. The approval authority may require the planting of street trees. Such trees shall be of a hardwood variety indigenous to the neighborhood and shall be at least five inches caliper at a height of five feet above ground level. Where they are required by the approval authority, such trees shall be planted along both sides of the street, within the street right-of-way, and spaced approximately 40 feet on center.

(7)

School bus pickup areas. The approval authority may require that the subdivider reserve, clear, grade, pave and otherwise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses. In general, the size of such area shall not be less than 100 square feet, and no dimensions shall be less than eight feet. Such area shall be included within the street right-of-way and shall be maintained by the holder of fee title to the street. The layout and design shall be subject to approval authority's approval.

§ 219-25 Lots.

Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Law, the Wetlands Law and the County Health Department regulations.

Driveway. Approximate driveway locations shall be shown on the construction plans. The maximum driveway gradient to the building site shall not exceed 10%, and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. The approval authority may require that the applicant submit necessary topographic and design information to demonstrate that the lot layout will allow driveways that meet these criteria and provide proper drainage.

Lot dimensions.

Except as provided elsewhere in these regulations or otherwise permitted by the approval authority, lot area and dimensions shall comply with at least the minimum standards of the Zoning Law for the district in which they are located. Where lots are more than double the minimum required area, the approval authority may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with the Zoning Law[1] and these regulations. Where, in the opinion of the approval authority, lots of larger than minimum size are required for purposes of proper drainage, water supply, waste disposal or the preservation of important ecological features, the approval authority may require such oversized lots as a condition of plat approval.

Editor's Note: See Ch. 250, Zoning.

Side lot lines shall generally be at right angles to street lines (or radial to curving street lines) unless the approval authority allows a variation from this rule to give a better street or lot arrangement. Dimensions of corner lots shall be large enough to allow for erection of buildings observing the minimum front yard setback from both streets.

Where a proposed subdivision includes an existing residence larger in size than can appropriately be placed on a lot of the minimum size permitted in the zoning district, the approval authority may require that the lot be of such size and relationship to the proposed street system that the structure will be an appropriate and harmonious part of the subdivision.

Access from collector streets. Lots shall not, in general, derive access from a collector street but shall front on a minor interior street. Where driveway access from a collector street may be necessary for two or more adjoining lots, the approval authority may require that such lots be served by a combined access drive in order to limit the possible traffic hazard on such street. Any such driveways, where permitted, shall be designed in such a way as to provide adequate and convenient area for the turnaround of vehicles so as to avoid requiring them to back into traffic on such streets.

Double frontage lots. Lots fronting on two streets, other than corner lots, shall be avoided except where deemed essential by the approval authority in order to provide separation of residential development from major or collector streets or to overcome problems of topography or orientation. The approval authority may require access limitations and/or buffer landscaping for such double frontage lots where the approval authority determines that such measures would be appropriate.

Water bodies. If a subdivision contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the fees of the adjacent lots, unless the approval authority approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a Village responsibility. No more than 25% of the minimum lot area required under the Zoning Law[2] may be satisfied by land which is under water or defined as a "wetland" by the Wetlands Law.[3]

[2]

Editor's Note: See Ch. 250, Zoning.

[3]

Editor's Note: See Ch. 245, Wetlands and Watercourses.

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for the installation of a bridge, culvert or other drainage facility, of a design approved by the approval authority based upon, among other considerations, a recommendation of the Director of Public Works, to provide satisfactory access across such watercourse for fire, police and other emergency equipment.

Subdivision with land in two or more zoning districts or municipalities.

In general, a lot should not be divided by a zoning district or municipal boundary. If it is, however, necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the approval authority may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Village of Rye Brook.

Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary line shall be shown on the plat and, in addition, where zoning boundaries are involved, the following notation shall be added: "Existing zoning boundaries as of __________________ 19 ____ ."

§ 219-26 Reservations and easements.

All reservations and easements shall be clearly indicated on the final subdivision plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement.

Park reservations.

General standards. The approval authority may require that land be reserved within subdivisions for a park or parks suitably located for playground or other recreational purposes. Such locations shall be designated on the Village Official Map or as otherwise deemed appropriate by the approval authority. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the approval authority, which shall include passive or active recreation. The area shall be shown and marked on the plat as "Reserved for Park Purposes."

[Amended 1-24-2017 by L.L. No. 1-2017]

Minimum size.

(a)

Areas for parks shall be of reasonable size for neighborhood playgrounds or other recreational uses. In general, not less than 10% of the area of the subdivision shall be set aside for these purposes.

(b)

In general, sites reserved for park purposes shall have an area of at least one acre. The approval authority may require the location of such areas along the boundary of a subdivision so that additional land may be added at such time as the adjacent property is subdivided.

Ownership of park area. The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the approval authority so as to assure their proper future continuation and maintenance.

(4)

Cash payment in lieu of reservation.[1] Where the approval authority determines that a suitable park or parks of adequate size cannot be properly located in a subdivision, or where such a reservation is otherwise not appropriate or practical, the approval authority may require, as a condition to approval of any such plat, a payment to the Village of a sum as set forth in the current License and Fee Schedule on file in the Village Clerk's office.

[Amended 1-24-2017 by L.L. No. 1-2017]

Editor's Note: See also Ch. 209, Site Plan Review, Art. II.

Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in these regulations or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the approval authority may require the subdivision plat to show such areas which shall be marked "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning Law.

Utility and drainage easements.

Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements of at least 15 feet in width shall be provided for such utilities or drainage facilities across properties outside the street line and with satisfactory access to the street. Drainage easements shall extend from the street to the watercourse or other drainage facility and shall convey to the holder of fee title of the street the perpetual right to discharge stormwater runoff from the street and the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right to enter said premises for the purpose of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to adequately drain the street and the surrounding area.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured in a form satisfactory to the Village Attorney and suitable for recording in the office of the County Clerk.

Slope easements. Where determined appropriate by the approval authority, said Authority may permit an embankment alongside a proposed street to extend beyond the normal right-of-way of such street, provided that a slope easement is granted, conveying to the holder of fee title of the street the right to enter the premises for the purpose of maintaining such slope. Where the embankment slope is located on private land outside the subdivision, such easement shall be permitted only where the appropriate rights have been secured in a form satisfactory to the Village Attorney and suitable for recording in the office of the County Clerk.

Sight easements.[2] Sight easements shall be provided across all street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points each 75 feet back from the theoretical intersection of the edges of such pavement prolonged. The easements shall provide that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider.

[2]

Editor's Note: See also Ch. 215, Streets and Sidewalks, Art. III.

Easements for pedestrian access. The approval authority may require, in order to facilitate pedestrian access from streets to schools, parks or neighboring areas, the reservation of perpetual unobstructed easements of at least 10 feet in width for such purposes and the construction of walkways thereon.

§ 219-27 Restrictions placed on land by subdivider.

The subdivider may place restriction on any of the land contained within the subdivision which are greater than those required by the Zoning Law.[1] Such restrictions shall be indicated on the final subdivision plat.

Editor's Note: See Ch. 250, Zoning.

§ 219-27.1 Required affordable housing component.

[Added 12-13-2011 by L.L. No. 8-2011]

AFFH Units, as defined in § 250-26.1D, shall be provided as set forth in the table below when a subdivision of a minimum of 11 lots is proposed.

Number of Proposed Lots	Required AFFH Units
11 to 20	1
21 to 30	2
31 to 40	3
41 to 50	4
Continuing in like increments	1 additional AFFH Unit shall be required for each additional increment of 10 lots or part thereof

The requirement to provide AFFH Units, as set forth above, shall not apply to the following:

Subdivision applications submitted prior to the effective date of this provision.

Subdivisions approved prior to the effective date of this provision, including any amendments to an approved subdivision, whether such amendments are submitted prior to or after the effective date of this provision.