Land within the Village of Hastings-on-Hudson may be subdivided into lots, blocks or sites, with or without streets or highways, only if approved by the Planning Board in accordance with the procedures and requirements as set forth in §§
295-115 through
295-138 of this chapter (also referred to as "subdivision regulations"), and only if the approved plat is duly filed in the office of the County Clerk of Westchester County, New York. Construction, excavation, filling, regrading, clearing of vegetation or other similar activities related to a proposed subdivision shall not begin within any area proposed or intended for subdivision until said subdivision shall have been approved by the Planning Board.
A resubdivision, as defined herein, is subject
to the same procedure, rules and regulations applicable to a subdivision.
It is declared to be the policy of the Village
to consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the Village. Land to be subdivided shall
be of such character that it can be used safely for building or development
purposes without danger to health or peril from fire, flood or other
menace, and without resulting in significant damage to the ecology
of the area in which it is located. Proper provision shall be made
for drainage, water, sewerage, electric, telephone, gas and other
needed improvements. The proposed streets shall compose a convenient
system conforming to the Zoning Map of the Village of Hastings-on-Hudson. Streets shall be
of such width, grade and location as to accommodate the prospective
traffic, to afford adequate light and air and to facilitate fire and
police protection. In proper cases, and when required by the Planning
Board, a park or parks of suitable location, size and character for
playground or other recreational purposes shall be shown on the subdivision
plat.
No permit shall be issued for the erection of
any building within a proposed subdivision until said subdivision
has been duly approved by the Planning Board and filed in the office
of the County Clerk, except that the Building Inspector may issue
a building permit for a single building based upon the entire tract
of land where there is no other existing building within the proposed
subdivision and where the proposed building is in accordance with
an approved preliminary plat.
For the purpose of these subdivision regulations (§§
295-115 through
295-138 of this chapter), certain words and terms used herein are defined as follows. (NOTE: Except where specifically defined herein, all words and terms shall carry their customary meanings.)
BUILDING INSPECTOR
The Building Inspector of the Village of Hastings-on-Hudson,
or his or her duly authorized representative.
BUILDING LOT
Any lot upon which a principal residential or commercial
building can be constructed in conformance with the requirements of
this chapter.
CONSTRUCTION PLANS
The maps and engineering drawings, described in Section A-4
of Appendix A to these subdivision regulations, accompanying a subdivision plat and showing the specific
location and design of improvements to be installed in the subdivision
in accordance with these subdivision regulations.
FINAL PLAT
A drawing, in final form, as described in Section A-3 of
Appendix A to these regulations, showing a proposed subdivision and
containing all of the information required by these or other applicable
subdivision regulations and certified by a licensed land surveyor
or registered engineer.
LOT
A parcel of land not divided by streets.
MAINTENANCE BOND
A bond to assure the maintenance of required subdivision
improvements following dedication of such improvements for such period
as required by the Planning Board.
OFFICIAL SUBMISSION DATE
The date when a subdivision plat, accompanied by all other
information required with the application for subdivision approval,
is received by the Building Inspector.
PERFORMANCE BOND
A bond, as required by § 7-730 of the Village Law,
to assure the full and satisfactory completion of all required subdivision
improvements as specified in the Planning Board resolution of approval,
such bond to run for a term fixed by the Planning Board and with surety,
form, sufficiency and manner of execution approved by the Board of
Trustees.
PLANNING BOARD
The Planning Board of the Village of Hastings-on-Hudson.
PRELIMINARY PLAT
The preliminary drawing or drawings, described in Section
A-1 of Appendix A to these subdivision regulations, showing the basic features of a proposed subdivision.
RESUBDIVISION
Any change of existing property lines or of property lines
shown on a plat approved by the Planning Board and filed in the office
of the County Clerk.
STREET
An existing state, county or Village road or highway, a street
shown upon a plat approved by the Planning Board or a street shown
on a plat duly filed and recorded in the office of the County Clerk
prior to October 26, 1953.
STREET, BUSINESS
A street that serves or is designed to serve as access to
abutting business, commercial or industrial properties.
STREET, COLLECTOR
A street that serves or is designed to serve primarily the
function of carrying traffic from minor streets to major streets.
STREET, DEAD-END
A street or a portion of a street with only one vehicular
traffic outlet.
STREET, MINOR
A street that serves or is designed to serve primarily as
access to abutting residential properties.
STREET PAVEMENT
The wearing or exposed surface of the street right-of-way
designed to be used by vehicular traffic.
STREET, RESIDENTIAL
A street that serves or is designed to serve as access to
abutting residential properties.
SUBDIVISION
The division of any parcel of land, regardless of use, into
two or more lots, plots, blocks, sites or parcels, with or without
the creation of new streets, for the purpose, whether immediate or
future, of transfer of ownership or building development, and shall
include resubdivision as defined herein.
WETLANDS
An area having wetland soils and/or vegetation or identified
as having poorly drained soils on maps of the Westchester County Soil
and Water Conservation District or other county, state or federal
agency.
ZONING MAP
The map established by the Board of Trustees under § 7-724
of the Village Law showing the streets, highways and parks theretofore
laid out, adopted and established by law, and any amendments thereto
adopted by the Board of Trustees or additions thereto resulting from
the approval of subdivision plats by the Planning Board and the subsequent
filing of such approved plats.
If at any time, either before or during the
course of construction of the required improvements, it is determined
by the Planning Board that unforeseen conditions make it necessary
to modify the location or design of any improvements, the Planning
Board may modify the terms and conditions of the approval so as to
require such changes as may be necessary to comply with the spirit
and intent of the Planning Board's original approval and to conform
to accepted engineering practices. If such modification affects the
scope of work covered by a bond or security, the Planning Board may
require or allow appropriate modification of such bond or security.
The Superintendent of Public Works or his or
her designee shall be responsible for inspecting required improvements
during construction to ensure their satisfactory completion and, upon
such completion, shall furnish the Planning Board with a statement
to that effect. If the Superintendent of Public Works determines that
any of the required improvements have not been constructed in accordance
with the approved plan, the applicant shall be responsible for properly
completing said improvements. Failure of the Superintendent of Public
Works to carry out inspections of required improvements during construction
shall not in any way relieve the applicant or the bonding company
of their responsibilities related to the proper construction of such
improvements.
A. Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the Superintendent
of Public Works or his or her designee at least three working days
before reaching each of the following stages of construction:
(b)
Drainage and other underground facilities installed,
but prior to backfilling.
(c)
After gravel base is spread and compacted.
(d)
When each paved course is being applied.
(e)
After completion of all improvements.
(2)
The applicant shall not proceed to work on any
stage subsequent to the first stage until the work of the previous
stage has been inspected and approved by the Superintendent of Public
Works or his or her designee. In the case of any other improvements,
the Superintendent of Public Works or his or her designee shall inspect
the work at such progressive stages as (s)he shall specify, and shall
certify to the Planning Board that the work was inspected by him or
her and was in accordance with the approved plans and specifications.
B. Certificate of construction. At such time as the applicant
has completed construction of all required improvements, the applicant
shall furnish to the Superintendent of Public Works three copies of
"as built" plans and profiles which show the actual location of all
paved streets, culverts, headwalls, drains, manholes, catch basins,
sidewalks, curbs, utility lines and equipment, monuments, street signs,
street trees and all other required improvements, as constructed,
and all other pertinent information, such as cross-sections of the
streets at intervals determined by the Superintendent of Public Works,
the culvert and drain grades, sewer grades, sidewalk and curb grades
and invert elevations at manholes. Such plans and profiles shall bear
a dated certification by a professional engineer or licensed surveyor
to the effect that the data shown thereon was accurately determined
by field survey. If the location or accuracy of improvements does
not, in the opinion of the Planning Board, fully comply with the approved
construction plans and specifications, the Planning Board shall have
the right to refuse to sign the final plat or release the bond until
such situation is corrected.
C. Inspection fee. To offset the costs incurred by the
Village in conducting inspections, all applicants for approval of
submissions involving the construction of streets and/or other improvements
shall be required to submit an inspection fee, payable to the Village
of Hastings-on-Hudson, in an amount to be determined by the Village
Board by resolution and set in the fee schedule.
[Amended 9-21-1999 by L.L. No. 4-1999]
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all such improvements and requirements
as, in its judgment of the special circumstances of a particular plat,
are not requisite in the interest of the public health, safety and
general welfare or which, in its judgment, are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond or other security unless it is determined by
the Planning Board that both of the following conditions have been
complied with:
A. Status of street improvements. The improvement of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the Planning Board to render safe all-weather
vehicular access for both routine and emergency purposes.
B. Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Board of Trustees. (NOTE: If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with §
295-126D of these subdivision regulations.)
The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the Village:
A. Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood, drainage or other
menace to neighboring properties or the public health, safety and
welfare. Land subject to such hazards shall not be subdivided nor
developed for residential purposes, nor for such other uses as may
increase danger to health, life or property, or aggravate a flood
hazard, but such land may be set aside for uses as shall not involve
such danger nor produce unsatisfactory living conditions.
B. Preservation of natural features.
(1)
Land to be subdivided shall be designated 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.
(2)
Existing natural features that 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 Planning Board may
require the inclusion of such features in permanent reservations.
C. Conformity to Village Zoning Map. Streets, parks and other subdivision features shall conform
to the Village Zoning Map.
D. Frontage on improved streets. The area proposed to
be subdivided shall have frontage on and direct access to a street
duly placed on the Zoning Map, and if such street be private, it shall
be improved to the satisfaction of the Planning Board or there shall
be a bond held by the Village to guarantee such improvement.
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.
A. Park reservations.
(1)
General standards.
(a)
The Planning Board may require that land be
reserved within subdivisions containing residential units for a park
or parks suitably located for playground or other recreational purposes.
Such locations shall be as designated on the Zoning Map, or as otherwise deemed appropriate by the Planning Board.
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 Planning Board. The
area shall be shown and marked on the plat as "Reserved for Park Purposes."
(b)
Before the Planning Board may require that land
be reserved for park, playground or other recreational purposes, the
Planning Board must make a finding that such requirement is warranted.
Such a finding shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Village,
based on the projected population growth to which the particular subdivision
plat will contribute.
(2)
Minimum size.
(a)
Areas for parks should 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 Planning Board 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.
(3)
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 Planning Board so as to assure their
proper future continuation and maintenance.
(4)
Cash payment in lieu of reservation.
(a)
Where the Planning Board 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 Planning Board may require, as a condition to approval of any
such plat, a payment to the Village of a sum determined for such cases
by the Board of Trustees.
(b)
In making the determination of suitability,
the Planning Board shall assess the size and suitability of land shown
on the subdivision plat which could be possible locations for park
or recreational facilities, as well as practical factors, including
whether there is a need for additional facilities in the immediate
neighborhood.
(c)
Any moneys required by the Planning Board in
lieu of land for park, playground or other recreational purposes pursuant
to this section shall be deposited into a trust fund to be used by
the Village exclusively for park, playground or other recreational
purposes, including the acquisition of property.
(5) This Subsection
A shall not apply to lots set aside for affordable housing units or workforce housing units, as defined in this chapter.
[Added 1-8-2013 by L.L. No. 1-2013]
B. Widening or realignment of existing streets. Where
a subdivision borders an existing street that is narrower than the
recommended right-of-way width as specified for such streets in these
subdivision 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 Planning Board may require
the subdivision plat to show such areas that 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 this chapter.
C. Utility and draining easements.
(1)
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 lines 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.
(2)
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.
D. Slope easements. Where determined appropriate by the
Planning Board, the Planning Board 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.
E. Sight easements. 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 1/2 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.
F. Easements for pedestrian access. The Planning Board
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.
[Added 1-8-2013 by L.L. No. 1-2013]
A. Any subdivision creating eight or more lots that is not also undergoing site plan review shall require the set-aside of at least 15% of the lots for the development of affordable housing units or workforce housing units, as defined in §
295-5. At least 2/3 of such lots shall be set aside for development as affordable housing units. The remaining 1/3 of such lots shall be set aside for development as either affordable housing units or workforce housing units. All such affordable and workforce housing units shall be subject to the provisions of §
295-112.1 of this chapter.
B. The
Planning Board shall include in the resolution granting subdivision
approval conditions to insure that construction of the affordable
and/or workforce housing units will be substantially completed before
certificates of occupancy are granted for houses on at least 20% of
the unrestricted lots.
The subdivider may place restrictions on any
of the land contained within the subdivision that are greater than
those required by this chapter. Such restrictions shall be indicated
on the final subdivision plat.
Where the Planning Board finds that, because
of the special circumstances of a particular case, extraordinary hardship
may result from strict compliance with these subdivision regulations,
it may modify the regulations so that substantial justice may be done
and the public interest secured; provided, however, that any such
modification will be consistent with the spirit and intent of these
subdivision regulations, all Village laws and the Zoning Map of the
Village of Hastings-on-Hudson. In permitting any such modification, the Planning Board
shall attach such conditions as are, in its judgment, necessary to
secure substantially the objectives of the standard or requirement
so modified.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots that do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to §
295-146 of this chapter, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. Where such an application is made to the Zoning Board of Appeals, the Planning Board shall provide the Zoning Board with a written recommendation concerning the proposed variance.
The owner of an approved subdivision may abandon
such subdivision pursuant to the provisions of § 560 of
the Real Property Tax Law.
In considering applications for subdivision
approval, the Planning Board shall comply with the provisions of the
State Environmental Quality Review Act and its implementing regulations.