The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following requirements
and standards.
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 or other menace.
B.
Conformity to Official Map and Village Master Plan.
Subdivisions shall conform to the streets shown on the Official Map
of the Village as it may be adopted by the Village Board of Trustees
and shall be properly related to the Village Master Plan as it is
developed and adopted by the Planning Board.
C.
Frontage on improved street. The area to be subdivided
shall have frontage on and access from a street on the Official Map,
which street is improved to Village standards or for which street
a bond covering such improvement is held by the Village.
A.
Location, width and improvement of streets. Streets
shall be suitably located, of sufficient width and adequately improved
to accommodate the prospective traffic and to afford satisfactory
access to police, fire-fighting, snow removal or other road maintenance
equipment and shall be coordinated so as to compose a convenient system.
Where a street connection is necessary for the appropriate development
of adjoining land, the arrangement of streets shall include such provision.
B.
Width of rights-of-way. Streets shall have a fifty-foot
right-of-way unless otherwise indicated on the Village Master Plan.
C.
Standards for street design. Streets shall meet the
following design standards. Street classification may be indicated
on the Village Master Plan or Official Map or as otherwise determined
by the Planning Board.
(1)
Minimum width of right-of-way: 50 feet.
(2)
Minimum width of pavement: 24 feet (excluding curbs
or gutters).
(3)
Minimum radius of horizontal curves of street line:
200 feet at the center line.
(4)
Minimum length of vertical curves at surface of pavement:
200 feet, but not less than 20 feet for each 1% algebraic difference
of grade.
(5)
Minimum length of tangents between reverse curves:
100 feet.
(6)
Maximum grade: 10%.
(7)
Minimum grade: 1%.
(8)
Minimum sight distance: 150 feet.
D.
Relation to topography. Streets and grades of streets
shall be related to the topography and shall conform as closely as
possible to the original topography. A combination of steep grades
and curves shall be avoided.
E.
Block size. Block dimensions shall be at least twice
the minimum lot depth and generally not more than 12 times the minimum
lot width required in the zoning district.
F.
Intersections. Intersections of streets shall be at
least 800 feet apart, if possible. A distance of at least 150 feet
shall be maintained between center lines of offset intersecting streets.
Within 100 feet of an intersection, streets shall be approximately
right angles. Grades shall be limited to no more than 2% within 50
feet of an intersection. All street intersection corners shall be
rounded by curves of at least 25 feet in radius at the property line.
Within triangular areas formed by the intersecting street lines, visibility
for traffic safety shall be provided for a distance of 75 feet from
the street intersection and the diagonals connecting the end points
of these lines.
G.
Continuation of streets into adjacent property. The
arrangement of streets shall provide for the continuation of streets
between adjacent properties where such continuation is necessary for
convenient movement of traffic, effective fire protection or efficient
provision of utilities and in places where such continuation is shown
on the Village Master Plan. If the adjacent property is undeveloped
and the street must be a dead-end street temporarily, the right-of-way
shall be extended to the property line. A temporary circular turnaround
with a traveled way having a minimum of 50 feet in radius shall be
provided on all temporary dead-end streets, with the notation on the
plat that land outside the normal street right-of-way shall revert
to abutters whenever the street is continued.
H.
Permanent dead-end streets. Where a street does not
extend to the boundary of the subdivision and its continuation is
not needed for access to or from adjoining property, its terminus
shall normally not be nearer to such boundary than the minimum lot
length prescribed by the zoning regulations for the zoning district
in which the land is located. Reserve strips of land shall not be
left between the end of a proposed street and an adjacent piece of
property. However, the Planning Board may require the reservation
of an easement to accommodate traffic or utilities. A circular turnaround
of a minimum right-of-way radius of 50 feet 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 to six times the minimum
lot width for the zoning district. An island in a turnaround can be
considered by the Planning Board.
A.
Street improvements. Streets shall be graded and improved
with pavement, street signs, sidewalks, streetlighting standards,
curbs, gutters, street trees, water mains, sanitary sewers, storm
drains and fire hydrants. If placed in the street right-of-way, underground
utilities required by the Planning Board shall be placed between the
paved roadway and street line, where possible, to simplify location
and repair of the lines. The subdivider shall install underground
service connections to the property line of each lot before the street
is paved. Such grading and improvements shall be approved as to design
and specifications by the Village Engineer, who shall require that
all pertinent Village standards and specifications shall be met.
B.
Reserve strips. The creation of reserve strips adjacent
to a proposed street in such a manner as to deny access from adjacent
property to such street shall not be permitted.
C.
Other improvements.
(1)
Street signs. Street signs of a type approved by the
Planning Board shall be provided by the developer and placed at all
intersections in locations approved by the Planning Board.
(2)
Road lighting standards. Where required by the Planning
Board, streetlighting shall be placed in a manner and location approved
by the Planning Board.
(3)
Trees on streets. The Planning Board shall require the planting of new street trees in subdivisions (a minimum of two per lot) and shall require that such planting be in accordance with the provisions of Chapter 93, Community Forestry, of the Code of the Village of West Haverstraw.
(4)
Sanitary sewer facilities. The subdivider shall install
sanitary sewer facilities in a manner prescribed by the Village Engineer
or in accordance with Village specifications for subdivisions.
(5)
Fire hydrants. To eliminate future street openings,
all underground utilities for fire hydrants shall be provided before
any final paving of streets.
(6)
Underground utilities in streets. Underground utility
service extending to the property line of each platted lot shall be
installed at the subdivider's expense in a manner prescribed by the
Village Engineer or in accordance with Village specifications.
D.
Drainage improvements.
(1)
The developer is required to carry away by pipe or
open ditch any spring- or surface water that may exist previous to,
or as a result of, the subdivision. Such drainage facilities shall
be located in the street rights-of-way where feasible or in perpetual
unobstructed easements of appropriate width.
(2)
A culvert or other drainage facility shall, in each
case, be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside of the subdivision.
The Village Engineer shall determine the necessary size of the facility
based on anticipated runoff under conditions of total potential watershed
development permitted by the zoning provisions of this chapter.
(3)
The Village Engineer shall study the effect of each
subdivision on existing downstream drainage facilities outside the
areas of the subdivision. Where it is anticipated that the additional
runoff incident to the development of the subdivision will overload
an existing downstream drainage facility, the Planning Board shall
not approve the subdivision until provision has been made for the
improvement of said potential condition. The County Drainage Study
of May 1960 shall serve as a guide.
E.
Grading. The Planning Board shall require grading
of all lots throughout the subdivision. The Planning Board shall require
the applicant to submit grading specifications of all lots and may
require individual grading plans for each individual lot when warranted
by topography. All grading must be done as prescribed by and to the
approval of the Village Engineer.
A.
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 provisions of this chapter. Such
arrangement shall provide access to buildings on all lots from an
approved street.
B.
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 culvert or other
structure of a size and design approved by the Village Engineer.
C.
Lot dimensions. Lot dimensions shall comply with the
minimum standards of the zoning provisions of this chapter. Where
lots are more than double the minimum required area for the zoning
district, the Planning Board may require that such lots be arranged
so as to allow further subdivision and the opening of future streets
where they would be necessary to serve such potential lots, all in
compliance with the provisions of this chapter.
D.
Side lot lines. Side lot lines shall be at right angles
to street lines unless a variation from this rule will give a better
street or lot plan.
E.
Access from major streets. Lots shall not, in general,
derive access exclusively from a major street. Where driveway access
from a major street may be necessary for several adjoining lots, the
Planning Board may require that such lots be served by a combined
access drive in order to limit possible traffic hazards on such streets.
Where possible, driveways should be designed and arranged so as to
avoid requiring vehicles to back into traffic on major or through
streets
F.
Corner lots. Dimensions of corner lots shall be large
enough to allow for erection of buildings observing the minimum front
yard setback from both streets.
G.
Water bodies. If a tract of land being subdivided
contains a water body or portion thereof, lot lines shall be so drawn
as to distribute the entire ownership of the water body among all
adjacent lots. The Planning Board may approve an alternative plan
whereby the ownership of and responsibility for safe maintenance of
the water body is so placed that it will not become a Village responsibility.
No area of the lot required under the zoning provisions of this chapter
may be satisfied by land which is under water.
A.
Parks and playgrounds. Pursuant to § 7-730, Subdivision 4, of the Village Law, the moneys required by the Planning Board in lieu of land for parks shall be as established in § 250-89.
B.
Widening or realignment of existing streets. Where
the subdivision borders an existing street and additional land is
required for realignment or widening of such street, as indicated
by the Official Map or Village Master Plan, or as otherwise determined
by the Planning Board to be necessary, the subdivider may be required
to show such additional land either as part of such street as indicated
on such plat or to mark on the plat "reserved for street alignment
(or widening) purposes." It shall be mandatory to indicate such reservation
on the plat when a proposed widening or realignment is shown on the
Town or County Official Map. Land reserved for such purposes may not
be counted in satisfying yard or area requirements of the zoning provisions
of this chapter.
C.
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 or other appropriate width
for such utilities or drainage facilities shall be provided across
property outside the street lines and with satisfactory access to
the street. Such easements shall be noted on the plat. Drainage easements
shall be carried from the street to a natural watercourse or to other
drainage facilities.
A.
Preservation of existing features.
(1)
Existing features which add value to residential development
or to the Village as a whole, such as trees, watercourses and falls,
beaches, historic spots and similar irreplaceable assets, shall be
preserved, insofar as possible, through harmonious design of the subdivision.
(2)
Subject to the provisions and restrictions set forth in Chapter 93, Community Forestry, of the Code of the Village of West Haverstraw, no live tree exceeding six inches in diameter measured at a distance three feet above the base shall be cut down in any subdivision. This provision shall not apply to any tree located in a right-of-way to be dedicated to the Village nor to any tree located in an area to be occupied by buildings or driveways and within a distance of 10 feet around the perimeter of such buildings or driveways.
B.
Subdivisions including land zoned for business or
industry. If a proposed subdivision includes land that is zoned for
business or industrial purposes and such land is not restricted against
business use by the imposition of deed restrictions by the owner,
the layout of the subdivision with respect to such land shall make
such provision as the Planning Board may require for safe and convenient
access to automobile parking and loading spaces as may be required
by the zoning provisions of this chapter or otherwise for safe and
convenient service access to such land.
Pursuant to § 7-730, Subdivision 7,
of the Village Law, the Planning Board may waive, when reasonable,
any requirements or improvements for the approval, approval with modifications
or disapproval of subdivisions submitted for its approval. Any such
waiver, which shall be subject to appropriate conditions, may be exercised
in the event that any such requirements or improvements are found
not to be requisite in the interest of the public health, safety and
general welfare or inappropriate because of inadequacy or lack of
connecting facilities adjacent or in the proximity to the subdivision,
provided that any such adjustment will not have the effect of nullifying
the intent and purpose of this chapter, the zoning provisions of this
chapter, the Village Master Plan or the Official Map of the Village.
In granting any adjustment, the Planning Board shall attach such conditions
as are, in its judgment, necessary to secure substantially the objectives
of the standards or requirements so adjusted.
A.
Statement of purpose.
(1)
It is the express purpose of this section to provide
for special qualitative and quantitative development controls for
all lands located within the Village of West Haverstraw which have
present within their boundaries topographical conditions hereinafter
defined as "steep slopes."
(2)
These special development controls are provided in
recognition of the potentially negative impacts of construction in
steep slope areas in the form of erosion, siltation, excessive removal
of vegetation and soil, flooding, soil slippage, water runoff and
destruction of unique land forms and predominant views. It is further
the purpose of this section to encourage good land use planning and
design and to maximize the best use of the natural terrain and maintain
ridgelines and skylines intact.
(3)
Effective and reasonable application of these regulations
will protect the health, safety and welfare of the citizens of the
Village of West Haverstraw.
(4)
This section is further promulgated to provide a functional land use design and control mechanism which will augment the basic land use controls of the zoning provisions of this chapter and the administrative implementing devices contained within Article XVI, Site Development Plan, and Article XVII, Subdivision of Land Authorization and Procedures, of this chapter.
B.
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Village of West Haverstraw in their existing physical state or condition as of the date of the passage of this section. Said applicability shall apply only to new construction where said properties fall within a fifteen-percent or greater slope area, except as provided for in Subsection E. This section shall further apply to building reconstruction where over 50% of any structure on a property or parcel of land is destroyed by fire or other natural occurrence as a result of redevelopment and the entire footprint of said structure falls within a fifteen-percent or greater slope area.
C.
ADJUSTED DENSITY
DENSITY CONTROL CRITERIA
DISTURBANCE
GRADE
(1)
(2)
GRADING
GRADING LIMITATIONS
PERMITTED DENSITY
SLOPE MEASUREMENT CRITERIA
(1)
(2)
(3)
STEEP SLOPE
TRANSITIONAL GRADING
Definitions. As used in this section, the following
words shall have the meanings indicated:
A function of the application of the following density control
criteria as applied to slope characteristics determined in accordance
with slope measurement criteria.
Those criteria set forth in Subsection D of this section.
Any physical activity which results in removal of vegetation,
modification of topography by cutting or filling, stripping of topsoil
and/or placing of physical structures or improvements thereon.
The contour or surface of the ground.
ORIGINAL GRADE- The natural contour or surface of the ground before any disturbance
FINISHED GRADE- The contour or surface of the ground at the completion of a project after any disturbance.
Any disturbance of the original grade by stripping, cutting,
filling or stockpiling, or any combination thereof.
The extent of the disturbance allowed in Subsection E, Construction Control Limitations, Column 2, of this section.
Based upon the minimum required lot areas and maximum allowed building coverage as provided in Article V, District Lot and Bulk Regulations, of this chapter.
The following "slope measurement criteria" shall serve as
the basic means of identifying and categorizing steep slopes as further
regulated under this section.
VERTICAL MEASUREMENT- Determined by utilizing two-foot contours as documented and determined by on-site survey or the use of photogrammetric aerial topography.
HORIZONTAL MEASUREMENT- Determined by use of an appropriate scale as required by Article XVI, Site Development Plan, and Article XVII, Subdivision of Land Authorization and Procedures, of this chapter, measuring a minimum horizontal section 30 feet in length.
APPLICATION OF VERTICAL AND HORIZONTAL MEASUREMENTS- The vertical and horizontal measurements are utilized to determine the slope by measuring the vertical rise on the basis of two-foot contours in a thirty-foot horizontal length.
Includes slopes in excess of 15% in gradient as measured
and documented in accordance with the "slope measurement criteria"
definition.
The disturbance in that area of land between the original
grade and the finished grade to accommodate roads, parking areas,
structures and other like improvements.
D.
Density control criteria and computations.[1] To meet the purposes, goals and standards set forth in
this section, the applicable provisions of the zoning provisions of
this chapter relating to minimum lot sizes, density and building coverage
permitted density of development shall be modified in areas of slopes
greater than 15%.
(1)
The maximum disturbance allowed shall be determined
by multiplying the total land area in various slope categories by
the following limiting factors:
|
Slope
(percent)
|
Factor
|
Disturbance Allowed
| |
|---|---|---|---|
|
35% or greater
|
0
|
No disturbance allowed
| |
|
25.0% to 34.9%
|
0.3
|
Only transitional grading
| |
|
15.0% to 24.9%
|
0.5
|
Only transitional grading or road construction
| |
|
0.0% to 14.9%
|
1.0
|
All construction allowed
|
(2)
The maximum number of dwelling units allowed on any
tract shall be computed as follows:
|
Application of Slope Criteria
| |
|---|---|
|
(Land with 35% or more slopes x 0)
| |
|
+ (Land with 25.0% to 34.9% slopes x 0.3)
| |
|
+ (Land 15.0% to 24.9% slopes x 0.5)
| |
|
+ (Land with 0% to 14.9% slopes)
| |
|
= Total land area available for development
(TLD) which shall include areas for building lots, road easements,
water retention and/or detention, wetlands, floodplains and other
such improvements/restrictions.
|
[1]
Editor's Note: For examples of computation
for density control, see Appendixes A and B at the end of this chapter.
E.
Construction control limitations. Only the following
uses and physical development activities shall be allowed as set forth
below:
|
Column 1 Slope Category
|
Column 2 Slope Category
|
Column 3 Activity Allowed
| |
|---|---|---|---|
|
0.0% to 14.9%
|
100%
|
All construction allowed
| |
|
15.0 to 24.9%
|
50%
|
Only transitional grading or road construction
| |
|
25.0 to 34.9%
|
30%
|
Only transitional grading
| |
|
35.0% and above
|
0%
|
No disturbance allowed
|
F.
Exemptions. All existing developed structures shall be exempt from this section, except as provided for in Subsection B.
G.
Soil moving. Nothing herein shall be construed to affect the provisions of Article X, Grading and Excavating.
H.
Planning Board jurisdiction; variances. Nothing in
this section shall be construed to limit the jurisdiction of the Planning
Board or Zoning Board of Appeals over site plan approval or to grant
variances or waivers in accordance with the Village Law or this chapter.
