[Amended 2-27-1989 by L.L. No. 1-1989]
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth in this article, which are minimum requirements and shall be varied only as permitted by § 188-24.
A.
Character of land. Land of such a character that it
cannot be used without danger to health or peril from fire, flood
or other menace shall not be subdivided 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 shall be set aside for
such uses as shall not be endangered by periodic or occasional flooding
or shall not produce unsatisfactory living conditions.
B.
Conformity To Official Map and Village Plan. Subdivisions
shall conform to the Official Map of the Village and to such portions
of the Village Plan as may be in existence from time to time.
[Amended 2-27-1989 by L.L. No. 1-1989]
C.
Westchester County Greenway Compact Plan. By Local
Law No. 1-2006, the Village of Irvington has adopted the Compact Plan,
as amended from time to time, as a statement of policies, principles,
and guides to supplement other established land use policies in the
Village. In its discretionary actions under this subdivision code,
the reviewing agency should take into consideration said statement
of policies, principles and guides, as appropriate.
[Added 2-2-2006 by L.L. No. 1-2006]
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
accommodate the prospective traffic and to afford access of fire-fighting,
snow-removal and other road-maintenance equipment and shall be coordinated
so as to compose a convenient system. The arrangement of streets shall
be such as to cause no undue hardship to adjoining properties.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions and for proper projection of principal streets into adjoining
properties which are not yet subdivided in order to make possible
necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and public services such as sewers, water and drainage facilities.
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above requirements may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along arterial streets. Where a
subdivision abuts or contains an existing or proposed arterial street,
the Board may require marginal access streets, reverse frontage with
screen planting contained in a nonaccess reservation along the rear
property line, deep lots with rear service alleys or such other treatments
as may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
E.
Special treatment along limited access highways. Where
a subdivision borders on or contains a limited access highway right-of-way,
the Board may require a street approximately parallel to and on each
side of such right-of-way, at a distance suitable for the appropriate
use of the intervening land, as for park purposes in residential districts
or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.[1]
[1]
Editor's Note: Original § 23-13F,
Provision for future subdivision, which immediately followed this
subsection, was repealed 2-27-1989 by L.L. No. 1-1989.
F.
Reserve strips. Reserve strips controlling access
to streets shall be prohibited except where their control is definitely
placed in the Village under conditions approved by the Board.
G.
Dead-end streets and superblocks. The creation of
dead-end or loop residential streets and superblocks will be encouraged
wherever the Board finds that such type of development will not interfere
with normal traffic circulation in the area, provided that interior
parks are covered by appropriate covenants as to maintenance. In the
case of dead-end streets, where needed or desirable, the Board may
require the reservation of a twenty-foot-wide easement to provide
for continuation of pedestrian traffic and utilities to the next street.
Subdivisions containing 50 lots or more shall have at least two connections
with streets duly placed on the Official Map.
H.
Intersections with major roads. Minor or secondary
street openings into a major road shall, in general, be at least 500
feet apart.
I.
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall not be permitted except with the approval
of the Board.
J.
Block size. Blocks shall not be excessively long,
thereby causing unnecessarily circuitous travel on the streets. In
long blocks, the Planning Board may require the reservation of a twenty-foot-wide
easement through the block to provide for the crossing of underground
utilities and pedestrian traffic where needed or desirable.
K.
Relation to topography. The plan of a proposed subdivision
shall bear a logical relationship to the topography of the property,
and all streets shall be arranged so as to obtain as many of the building
sites as possible at or above the grade of the streets.
L.
Angle of intersection. Except where impracticable,
all streets shall join each other so that, for a distance of at least
100 feet, the street is approximately at right angles to the street
it joins.
M.
Four-cornered intersections. Cross (four-cornered)
street intersections shall be avoided except where absolutely necessary.
B.
Improvements. Streets shall be graded and improved
with pavement, sidewalks, drainage facilities, water, sewers and fire
hydrants. except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Such grading and improvements shall be
approved as to design and specifications by the Village Engineer.
C.
Utilities in streets. Underground utilities required
by the Planning Board shall be placed in the street right-of-way between
the paved roadway and street line to simplify location and repair
of the lines when they require attention. Where topographic or other
conditions make such placement impracticable, the Board may waive
this requirement to the extent necessary. The subdivider shall install
underground service connections to the property line of each lot within
the subdivision for such required utilities before the street is paved.
D.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street lines,
perpetual unobstructed easements at least 15 feet in width shall be
provided across property outside the street lines and with satisfactory
access to the street. Wherever possible, easements shall be continuous
from block to block and shall present as few irregularities as possible.
E.
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 1% nor more than 5% for
main thoroughfares or 8% for minor streets in residential zones.
F.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval
of the Village Engineer so that clear visibility shall be provided
for a safe distance.
G.
Curve radius. All street intersection corners shall
be rounded by curves of at least a twenty-foot radius. At curves,
the inner street radius shall not be less than 100 feet.
H.
Steep grades and curves. A combination of steep grades
and curves shall be avoided. Where the grade of a street intersecting
another street exceeds 5%, the land at each corner of such intersection
shall be so graded as to prevent a blind corner, and sufficient land
shall be included in the street right-of-way at the intersection to
permit permanent maintenance of visibility for safety of traffic.
I.
Dead-end and loop streets. Where dead-end streets
are designed to be so permanently, they should, in general, not exceed
400 feet in length and shall terminate in a circular turnaround having,
in street width as opposed to paving, a minimum radius of 50 feet.
J.
Watercourse. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of design approved
by the Village Engineer.
A.
Type of name. All streets shown on a preliminary layout
or subdivision plat shall be named. Streets shall have names and lot
numbers or letters, such as 1st, First or A Street. Such names shall
be subject to the approval of the Planning Board.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names in the Village of Irvington,
except that streets that join or are in alignment with streets of
an abutting or neighboring property shall bear the same name.
C.
Street signs. Street signs of approved material, design
and location shall be installed at all street intersections.
A.
Lots to be buildable. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other natural conditions, in complying with Chapter 224, Zoning, in order to build on each lot. Lots shall not be of unreasonable depth, encouraging the later creation of a second building lot at the rear.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a variation from this rule will give a better street or lot
plan.
C.
Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line of each street.
D.
Driveway access. Where practicable, lots shall be
so laid out that the driveways have access to a local street and not
to a major road carrying general traffic.
E.
Sewage disposal. Lots, if any, to be served by septic
tanks shall be large enough to contain sufficient land of proper character
to permit satisfactory performance of septic tank disposal fields
and compliance with the regulations of the County Department of Health.
[Amended 2-27-1989 by L.L. No. 1-1989]
A.
Findings.
(1)
The provision of adequate park and recreation facilities
for both active and passive recreational pursuits by existing and
future residents of the Village is necessary and appropriate to their
health, safety and well-being and to the public interest and convenience.
(2)
New residential development will create additional
demand for both active and passive recreation facilities and areas
to meet the anticipated needs of residents occupying dwelling units
that will be built after enactment hereof (hereinafter the "new development
park demand").
(3)
It is fair and appropriate that the new development
park demand be borne substantially or entirely by subdividers of land
in residential districts and developers of new residential properties.
B.
Dedication and reservation of parks and open space.
In order to meet the new development park demand, each residential
subdivision and each cluster development (collectively referred to
in this section as "developments") shall dedicate land suitable for
the recreational and park use of the residents of the Village of Irvington
or make a payment in lieu thereof to the Village Recreation Site Acquisition
and Improvement Fund.
C.
Parks and open space shown on Parks and Open Space Map. Subject to the provisions of Subsection E of this section, where a proposed park, playground, other public use or open space shown on the Parks and Open Space Map is located in whole or in part in a development, the Planning Board shall require the dedication of such area for public use as a condition of approval of the development. The Planning Board shall fix the precise boundaries of areas to be dedicated pursuant to this section, consistent with the Parks and Open Space Map, as part of the approval process.
D.
PROPORTIONATE RECREATION SHARE
RECREATION FACTOR
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
STANDARD RECREATION SHARE
For purposes of this section, the following terms
shall have the following meanings:
Forty-one thousand five hundred in the 1F-40
District.
Twenty-one thousand five hundred in the 1F-20
District.
Eleven thousand five hundred in the 1F-10 District.
Six thousand five hundred in the 1F-5 District.
Eight thousand in the 2F District.
Six thousand five hundred in the MF District.
Six thousand five hundred in the MFO District.
[Added 5-13-2021 by L.L. No. 2-2021[2]]
Four thousand in the B District.
One thousand five hundred square feet.
[2]
Editor's Note: This local law also renumbered former Subsection
(7) as Subsection (8).
E.
Determination of site area.
(1)
In the event that the Planning Board is obligated,
pursuant to this Article, to require the dedication of development
parkland aggregating more than the proportionate recreation share
of the development, the Planning Board first shall so advise the Board
of Trustees. The Board of Trustees then shall determine whether the
Village will purchase or condemn all or any portion of the proposed
development shown on the Parks and Open Space Map as a proposed park,
playground, pathway or other open space so as to reduce the portion
of the development so required for such purposes to the proportionate
recreation share.
(2)
In the event that the Board of Trustees, within 30
days of the notice from the Planning Board, fails to purchase or condemn
the lands exceeding the proportionate recreation share of the development
in their entirety, the Planning Board nevertheless shall require the
dedication of all lands in the development shown on the Parks and
Open Space Map as proposed park, playground or other open space which
has not been so purchased or condemned, but the site capacity of the
balance of the portion of the site not required to be so dedicated
shall then be increased by the number of units determined as follows,
rounded down to the nearest whole number:
|
Area of development parkland on site
|
.........
|
square feet
| |
|
Less:
|
Resource protection land within development
parkland on site
|
.........
|
square feet
|
|
Less:
|
Site capacity of part of site not containing
development parkland times standard recreation share
|
.........
|
square feet
|
|
Equals
|
.........
|
square feet
| |
|
Divide this figure by the recreation factor
of such development
|
= ........
| ||
|
Round down to nearest whole number = ........,
which is the number of additional dwelling units to be added to the
site capacity of the portion of the site that does not include development
parkland
| |||
|
For example: Assume a site of 435,600 square
feet (10 acres) in a 1F-40 District on which 30,000 square feet will
be used for roads in the development, there is 60,000 square feet
of development parkland, and there is 25,000 square feet of resource
protection land. Assume further that 5,000 square feet of the total
resource protection land is within the development parkland. The calculation
of the number of units would proceed as follows:
| |||
(a)
Determine the site capacity of the part of the
site that does not contain development parkland:
[1]
The base site area is the gross site area of
the part of the site not including development parkland (435,600 square
feet minus 52,000 square feet, or 383,600 square feet) less land to
be used for roads (assumed in this example to be 30,000 square feet,
or 353,600 square feet).
[2]
The net buildable site area of this part of
the site is the base site area (353,600 square feet) less the resource
protection land (20,000 square feet, or 333,600 square feet).
[3]
The site capacity is the net buildable site
area (333,600 square feet) divided by the density factor for the 1F-40
District (40,000) rounded down to the nearest whole number, which
is eight units (8.34 rounded down to eight).
(b)
Determine the additional units, if any, to be
allowed as above:
[1]
The area of development parkland on site is
60,000 square feet.
[2]
Subtract the resource protection land within
the development parkland on site (5,000 square feet). This equals
55,000 square feet.
[3]
Subtract the product of the site capacity of
the part of the site that does not contain development parkland [eight]
and the standard recreation share (1,500 square feet), which is 12,000
square feet. This is 55,000 square feet less 12,000 square feet, or
43,000 square feet.
[4]
Divide the 43,000 square feet by the recreation
factor for the 1F-40 District (41,500) and round down to the nearest
whole number. This computation is 35,000 divided by 41,500 equals
1.04, rounded down to one. Accordingly, the site capacity of the part
of the site that would be developed, i.e., that does not contain development
parkland, would be increased from eight to nine units.
F.
If additional site capacity is added to a subdivision pursuant to Subsection E of this section, the Planning Board, without recourse to the Board of Trustees, may vary the minimum lot area; lot width; front, side and rear yard; setback; and street frontage requirements of Chapter 224, Zoning, to the minimum extent necessary to accommodate the added site capacity.
[Amended 8-6-1990 by L.L. No. 12-1990]
G.
Each applicant for subdivision or cluster development
approval who, as a condition of plat or cluster approval, is required
to dedicate to the Village less than the proportionate recreation
share of the development, shall, as a condition of plat or cluster
approval, pay to Village Recreation Site Acquisition and Improvement
Fund a sum that is equal to the site capacity of the development less
existing lot or lots multiplied by the in lieu fee multiplied by a
fraction, the numerator of which is the standard recreation share
times the site capacity of the development less the development parkland
expressed in square feet and the denominator of which is the standard
recreation share times the site capacity of the development.
[Amended 8-6-1990 by L.L. No. 12-1990; 3-4-1991 by L.L. No. 2-1991]
|
For example: Assume a site of 435,600 square
feet (10 acres) in a 1F-40 District on which 40,000 square feet will
be used for roads in the development, there are 2,000 square feet
of development parkland, and there are 5,000 square feet of resource
protection land (none of which is located on the development parkland)
and assume further there is no existing lot or lots on the site. The
calculation of the amount of the required payment would proceed as
follows:
|
(1)
Determine the site capacity of the part of the site
that does not contain development parkland:
(a)
The base site area is the gross site area of
the part of the site not including development parkland (435,600 square
feet minus 2,000 square feet, or 433,600 square feet) less land to
be used for roads (40,000 square feet), or 393,600 square feet.
(b)
The net buildable site area of this part of
the site is the base site area (393,600 square feet) less the resource
protection land (5,000 square feet), or 388,600 square feet.
(c)
The site capacity is the net buildable site
area (388,600 square feet) divided by the density factor for the 1F-40
District (40,000) rounded down to the nearest whole number, which
is nine units (9.71 rounded down to nine).
(2)
Determine the amount of the payment as follows:
(a)
Multiply the site capacity (nine) by the in
lieu fee ($6,000). This equals $54,000.
(b)
Determine the necessary fraction, which is:
|
[1,500 x 9 (site capacity)] - 2,000
(development parkland)
| ||
|
1,500 x 9 (site capacity)
| ||
|
| ||
|
In this case, the fraction is
|
13,500 - 2,000
13,500
| |
|
or 0.852.
| ||
(c)
Multiply $54,000 by the fraction. The payment
therefore is $54,000 multiplied by 0.852, or $46,008.
H.
In the event that any parcel of land in the Village which is not a lot in a previously improved subdivision is conveyed after July 1, 1987, without a subdivision plat having been approved therefor by the Planning Board, the Planning Board shall disregard said conveyance for purposes of determining whether the development parkland exceeds the proportionate recreation share but shall make that determination with regard to the entire parcel of which the piece so conveyed was a part prior to the conveyance. If the development parkland exceeds the proportionate recreation share of the entire preconveyance parcel, the added site capacity shall be computed pursuant to Subsection E of this section for the entire preconveyance parcel and allocated between or among the postconveyance parcels in proportion to their respective net buildable site areas. If the development parkland is less than the proportionate recreation share of the entire preconveyance parcel, the payment in lieu of reservation or dedication of land shall be computed pursuant to Subsection G of this section for the entire preconveyance parcel and allocated between or among the postconveyance parcels in proportion to their respective net buildable site areas.
[Amended 8-6-1990 by L.L. No. 12-1990]
I.
Where
the Planning Board makes a finding that the proposed subdivision presents
a proper case for requiring a park or land suitable for recreational
purposes, but that suitable parkland or recreational facilities cannot
be properly located on the subdivision plat, the Planning Board may
require, as a condition of approval of the subdivision, payment to
the Village of an in-lieu fee, as defined in this chapter. In making
the determination, the Planning Board shall assess the size and suitability
of lands 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.
[Added 5-21-2012 by L.L. No. 4-2012[3]]
J.
Preservation of natural features. The Planning Board shall, to the maximum possible extent, require the preservation of all natural features which add value to residential developments and to the community or which contribute to preservation of the character of the Village, including without limitation mature woodlands as defined in § 224-80, watercourses and waterfalls, beaches, historic sites and structures and similar irreplaceable assets.
[Amended 8-6-1990 by L.L. No. 12-1990]
K.
Street trees. Street trees shall be located and planted
wherever required by the Planning Board, and the trees shall be of
sizes and types prescribed by it. The Planning Board shall ensure
that the character of tree-lined streets in the Village shall be maintained
by preservation of existing trees and such additional and replacement
plantings and maintenance thereof as may be required.
L.
Pathways.
(1)
It is hereby declared to be the policy of the Village
to create a system of footpaths open to public passage connecting
the following points:
(2)
The Planning Board, in considering applications for
subdivision approval, shall implement the aforesaid Village policy
by conditioning approval of developments situated in appropriate locations
upon the dedication of public easements of way appropriate to the
accomplishment of these objectives. In carrying out this subsection,
the Planning Board shall seek to utilize existing unimproved roads,
trails and tracks through wooded areas insofar as it can do so.
