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 town.
[Added 2-8-1999 by L.L. No. 2-1999]
In accordance with the Town Board authorization
contained in § 60-428 of the Town Code, the Planning Board
may, upon application of the property owner, or upon the Planning
Board's own motion, modify applicable zoning provisions simultaneously
with the approval of a subdivision plat in order to promote the purposes
and intent of that section. Any such action shall be taken within
the limitations imposed by § 278 of the Town Law and § 60-428
of the Town Code, as well as in compliance with the following rules
and regulations:
A. An applicant desiring to use the standards set forth in § 60-428 of the Town Code shall file, with the Planning Board, the application and plans required for subdivision review and approval as set forth in Chapter
113, Subdivision of Land. Such application and plans shall have clearly marked upon their face that said plan is for development in accordance with these standards. The applicant shall also submit a written, detailed statement setting forth the nature of modifications, changes or supplementations of existing zoning provisions and the reasons for the same. Such statement shall include the manner in which such modifications, changes or supplementations of existing zoning provisions will benefit the Town and will further the public health, safety or welfare. The applicant may be required, at various stages of the planning process, to further justify the request to use the standards and procedures set forth in § 60-428 of the Town Code. The applicant shall also provide such additional information or data in support of its application as may reasonably be determined to be necessary by the Planning Board. Such application, and additional information or data, shall also be submitted in an electronic file format.
[Amended 3-27-2012 by L.L. No. 1-2012]
B. Prior to the Planning Board determining whether and
to what extent any modifications of the otherwise applicable zoning
provisions shall be required of an applicant who has not requested
such modifications, said Board shall determine that the modifications
would benefit the Town by satisfying one or more of the purposes set
forth in § 60-428 of the Town Code; and the modifications
are necessary to satisfactorily achieve one or more of the following
specific objectives:
(1)
The preservation of a unique or significant
natural feature of the site, including but not limited to a vegetative
feature, wildlife habitat, surface water supply, underground aquifer,
endangered species, rock formation and steep slopes.
(2)
The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.
(3)
The preservation of any unique or significant
aesthetic feature of the site, including but not limited to a community
vista, ridgeline or roadside character.
(4)
The creation of useful recreation or open space
areas, whether passive or active, to serve the needs of the residents
of the subdivision or of the town.
(5)
The creation of the most efficient layout of
new subdivisions, including the shape or location of house sites,
driveways or roads.
(6)
The protection of any other unique or significant
feature of the site which the Planning Board determines to be important
for recreation, education, historic, open space or similar purposes.
C. Where the Planning Board on its own motion has required
a zoning modification not requested by the property owner, the degree
of such required modification shall be to the extent necessary to
properly accomplish the objective or objectives associated with the
criteria set forth above in the judgment of the Planning Board.
D. In the case of modifications of applicable zoning
provisions required on the Planning Board's own motion, said Board
shall notify the applicant, in writing, of the specific modifications
which will be required. Such notification shall occur prior to the
time of conditional approval of a preliminary subdivision plat. The
required modifications shall then become a mandatory condition which
must be complied with as a part of the final plat application.
E. In addition to compliance with the special requirements
and procedures for close conservation development, such development
shall also be subject to review and public hearing by the Planning
Board in accordance with the procedures otherwise applicable to conventional
subdivision plats.
F. Upon the filing of a conservation development plat
in the office of the Westchester County Clerk, a copy shall also be
filed with the Town Clerk, who shall make appropriate notations and
references thereof on the official copy of the Town Zoning Map.
[Amended 2-9-1993 by L.L. No. 4-1993]
Streets shall be graded and improved with pavement,
sidewalks, gutters and curbs or swales, shoulders, streetlighting
standards, street signs, street trees, water mains, sanitary sewers,
storm drains, fire alarm signal devices, fire hydrants and other,
utilities, except that the Planning Board may waive, subject to appropriate
conditions, such improvements as it considers not requisite in the
interest of the public health, safety and welfare. The subdivider
shall install underground service connections 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 Town construction standards and specifications.
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.
[Added 4-9-1974; amended 9-27-1977; 9-13-1988 by L.L. No. 16-1988]
Within areas of special flood hazard, the Planning Board shall also review subdivision proposals for compliance with the requirements of Chapter
70, Flood Damage Prevention.
[Added 2-9-1993 by L.L. No. 4-1993]
A. Where the Planning Board determines that it would be appropriate for traffic safety, environmental conservation or other similar public purposes, as set forth in this chapter and/or the Town Development Plan, for two or more lots to be served by a shared driveway, it may require that access to such lots be by means of a single common access driveway and shall be responsible for approving its design and location. Except as set forth below, no more than three lots may be served by such a single common access driveway. In unusual circumstances arising out of the Planning Board's desire to further advance the objectives set forth above, said Board may permit up to four lots to be served by a common access driveway. Vehicular traveled ways serving more than four lots shall be designed and constructed in accordance with the requirements of §
113-24G hereof.
B. Design and construction standards for common access driveways. Common access driveways shall meet the design and construction standards set forth in
Appendix II hereof. The Planning Board may vary the standards specified therein
only where it finds that, owing to traffic safety, environmental or
other specific characteristics of the site, strict compliance with
said standards is not in the public interest.
C. Additional requirements for common access driveways.
As a condition of Planning Board approval, the applicant shall be
required to submit in recordable form satisfactory to the Town Counsel
an instrument establishing the access easement(s) over and providing
for the maintenance of the common access driveway(s).
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.
[Amended 9-12-1995 by L.L. No. 9-1995]
(1) General standards. Consistent with the provisions
of § 277 of the Town Law, in a proper case the Planning
Board 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 as designated on the Town Development
Plan or Official 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."
(2) Minimum size.
(a)
Where the reservation of park areas is required,
the Planning Board shall determine the minimum acreage to be reserved
from the following table:
|
Zoning District
|
Minimum Percentage of Land in Subdivision
to be Reserved for Park Purposes
(acres)
|
---|
|
R-2A
|
3
|
|
R-1A
|
5
|
|
R-1/2A
|
8
|
|
R-1/4A
|
12
|
(b)
In general, sites reserved for park purposes
shall have an area of at least three acres. 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 areas. 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. Consistent with
the provisions of § 277 of the Town Law, in a proper case
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
Board may require, as a condition to approval of any such plat, a
payment to the Town of a sum determined for such cases by the Town
Board. Such fee shall be set forth by resolution of the Town Board
in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002]
B. 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 Planning Board 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 Ordinance.
C. Utility and drainage easements.
(1) Where topographic or other conditions are such as
to make impractical the inclusion of utilities or drainage facilities
within street rights-of-way, perpetual unobstructed easements 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 Town Attorney and suitable
for recording in the office of the County Clerk.
D. Slope easements. Where determined appropriate by the
Planning Board, said 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 Town 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 3.5 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.
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 at least 10 feet in width for such purposes
and the construction of walkways thereon.
The subdivider may place restrictions on any
of the land contained within the subdivision which are greater than
those required by the Zoning Ordinance. Such restrictions shall be indicated on the final subdivision
plat.