[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.
[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. For purposes of this section, the following terms
shall have the following meanings:
PROPORTIONATE RECREATION SHARE
The base site area of a development (calculated in accordance with §
224-82 of Chapter
224, Zoning) less the resource protection land thereof (calculated in accordance with §
224-82 of Chapter
224, Zoning) divided by the recreation factor for a development.
RECREATION FACTOR
(1)
Forty-one thousand five hundred in the 1F-40
District.
(2)
Twenty-one thousand five hundred in the 1F-20
District.
(3)
Eleven thousand five hundred in the 1F-10 District.
(4)
Six thousand five hundred in the 1F-5 District.
(5)
Eight thousand in the 2F District.
(6)
Six thousand five hundred in the MF District.
(7)
Six thousand five hundred in the MFO District.
[Added 5-13-2021 by L.L. No. 2-2021]
(8)
Four thousand in the B District.
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
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.........
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square feet
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Less:
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Resource protection land within development
parkland on site
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.........
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square feet
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Less:
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Site capacity of part of site not containing
development parkland times standard recreation share
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.........
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square feet
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Equals
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.........
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square feet
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Divide this figure by the recreation factor
of such development
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= ........
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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
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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:
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(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]
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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:
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(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)
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1,500 x 9 (site capacity)
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In this case, the fraction is
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13,500 - 2,000
13,500
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or 0.852.
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(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]
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:
(a)
Halsey Pond Park to the main reservoir through
the watershed.
(b)
Halsey Pond Park to Broadway.
(c)
The south end of Half Moon Lane to Ardsley Avenue
West.
(d)
The high school football field, the pond on
the former Stearns estate, Mountain Road and the main reservoir and
Riverview Road.
(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.