A. 
Character of land. Land of such 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 or 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 such uses as shall not create or aggravate any such dangerous condition.
B. 
Preservation of natural features.
(1) 
Land to be subdivided shall be designed in reasonable conformity with 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 roads and related facilities in accordance with the approved subdivision plat and construction plans. In disturbed areas not occupied by buildings, other structures or pavements, topsoil shall be restored to a depth of at least six (6) inches and properly seeded and nurtured until growth is assured.
(2) 
Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the town as a whole, such as wetlands, watercourses, water bodies, rock formations, trees, historic sites 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. 
Conformance with Town Development Plan or Official Map. The plat shall include all roads, parks and other preservation areas shown on the Town Development Plan or Official Map that fall within the site and any other roads that the Planning Board may require.
D. 
Frontage on official roads. The area to be subdivided shall have frontage on and access from a road shown on the Official Map, and if such road is private, it shall be suitably improved or there shall be a bond held by the town covering such improvement.
A. 
Relation to topography. Roads shall be related appropriately to the topography, and all roads shall be arranged so as to obtain as many as possible of the building areas at, or above, the grades of the roads. Grades of roads shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.
B. 
Intersections.
(1) 
Intersections of roads shall be at angles as close to ninety degrees (90°) as possible. A road approaching an intersection at an angle other than ninety degrees (90°) shall be curved so as to be at approximately right angles for at least one hundred (100) feet therefrom. Where three (3) or more roads intersect, a turning circle or other special treatment may be required by the Planning Board. Wherever two (2) roads intersect at an angle smaller than seventy-five degrees (75°), the right-of-way returns and the relation of gutter grades shall be given special treatment, as determined by the Board, and islands to channelize traffic may be required.
(2) 
Intersections of local with major roads or of collector with major roads shall be at least one thousand (1,000) feet apart, if possible. A distance of one hundred (100) feet or more shall be maintained between center lines of offset intersecting local roads or local with collector roads. Crossroad (four-cornered) intersections shall be avoided insofar as possible, except as shown on the Town Development Plan, at important traffic intersections or where circumstances prevent intersections to be offset by one hundred (100) feet. Pavement gradients shall be limited to no more than two percent (2%) within fifty (50) feet of the edge of the traveled way of an intersecting road.
C. 
Continuation of roads into adjacent property.
(1) 
The arrangement of roads shall provide for the continuation of principal roads between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection or efficient provision of utilities and where such continuation is in accordance with the Town Development Plan. Where continuation of the road is not warranted by the circumstances or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may require such road to be terminated short of the boundary line of the subdivision.
(2) 
Where a continuation of a road beyond the boundaries of a subdivision is warranted, but the adjacent property is undeveloped and the road must dead end temporarily, the Planning Board may require the extension of the right-of-way and the construction of all required road improvements to a point within ten (10) feet of the property line. A temporary turnaround shall be constructed at the end of such dead-end roads, with easements provided on abutting properties for the portions of the turnaround right-of-way and improvements which lie outside of the normal road right-of-way. These easements shall revert to the abutting properties upon continuation of the road.
(3) 
A ten-foot long section of land of the same width as the right-of-way shall be provided between the turnaround and the property line and shall be held under separate title by the holder of fee title to the improved road. Right of access from the adjoining property over such section to the improved road shall be permitted only upon the approval of the Planning Board.
(4) 
Where a proposed subdivision lies adjacent to an existing development and where a proposed road within the subdivision may be connected to an existing road by means of an extension over a previously platted but undeveloped or partially developed right-of-way and/or a ten-foot long section of land as described above, the Planning Board may require the construction of such road extension as a condition of plat approval, subject to the protection of the rights of the holder of fee title to such unconstructed right-of-way. Where a turnaround exists at the end of an existing road to which a proposed road is to connect, the Planning Board shall require the removal of the portions of the turnaround pavement outside of the pavement normal width of the traveled way, any necessary construction of the pavement edge and the regrading and seeding of the disturbed areas in such a manner as to blend in with the surrounding landscape.
D. 
Permanent dead-end roads.
(1) 
Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Board for access to adjoining property, its terminus shall normally not be nearer to such boundary than one hundred (100) feet or the minimum lot width prescribed by the zoning regulations, whichever is greater. The Planning Board may require the reservation of a fifteen-foot-wide easement to the boundary to accommodate drainage facilities or utilities. A circular turnaround shall be provided at the end of a permanent dead-end road.
(2) 
For greater convenience to traffic and more effective police and fire protection, permanent dead-end roads in nonresidential districts shall be limited in length in accordance with Subsection H. Where it is impossible to subdivide a property except by a dead-end road which is longer than permitted by these regulations, the Board may permit greater lengths, provided that a divided roadway with a center mall is constructed in a seventy-foot right-of-way (or greater width if required) in such a manner that either side of the roadway could be used.
E. 
Road names. All roads shall be named, and such names must be approved by the Town Board before a formal application will be accepted. Names shall be sufficiently different in sound and in spelling from other road names in the town so as not to cause confusion. A road which is a continuation of an existing road shall bear the same name. As general policy, the use of personal names for new roads is discouraged. Historical names are preferred, or names appropriate to the particular development or general neighborhood.
F. 
Location, width and improvement of roads. Roads 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 comprise a convenient system. The location, arrangement or design of roads shall be such as to cause no undue hardship to adjoining properties.
G. 
Reserve strips. The creation of reserve strips adjacent to a proposed road in such a manner as to deny access from adjacent property to such road shall be permitted only at the end of a temporary cul-de-sac. (See Subsection C of this section.)
H. 
Design standards for new roads. New roads shall meet the designs standards in § 107-6 of this chapter. Road classification may be indicated on the Town Development Plan or Official Map. Otherwise, it shall be determined by the Planning Board. Standards are not shown for major roads which would be built by the state or county.
[Amended 5-1-1984]
A. 
Road improvements. Roads shall be graded and improved with sidewalks, pavement, curbs, gutters and storm drains. Such grading and improvements shall conform to the town's Construction Standards and Specifications for New Subdivisions[1] and shall be approved as to design and specifications by the Town Engineer.
[1]
Editor's Note: See Part 1 of this chapter.
B. 
Drainage improvements.
(1) 
The applicant will be required by the Planning Board to undertake all drainage studies necessary for determining that the requirements described below will be satisfied.
(2) 
Any spring or surface water that may exist or develop as a result of the subdivision shall be carried away by pipe or open channel. Such drainage facilities shall be located in the road rights-of-way where feasible or in perpetual, unobstructed easements of appropriate width and shall be constructed in accordance with the town's Construction Standards and Specifications for New Subdivisions.[2]
[2]
Editor's Note: See Part 1 of this chapter.
(3) 
Main drainage channels through the subdivision shall pass the flow anticipated from a storm to be expected with a frequency of once in one hundred (100) years. The boundaries of the land expected to be inundated near an open channel by a one-hundred-year storm shall be designated on the subdivision plat. Highway drainage collecting systems shall be designed to accommodate a storm of an intensity likely to occur once in ten (10) years. The flow to be expected from tributary drainage areas shall be calculated on the basis of the maximum potential watershed development permitted by the Zoning Ordinance.
(4) 
Construction within the subdivision shall be conducted so as to minimize erosion and sedimentation of flow to downstream channels.
(5) 
Based on the applicant's study and the above requirements, the Planning Board will consider the effect of a proposed subdivision on existing downstream drainage facilities outside the area of the subdivision and the effect of upstream drainage facilities and the tributary watershed on 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 will notify the Town Board and/or owners of such facilities of this potential condition. In such case, the Planning Board may withhold approval of the subdivision until provision has been made for the correction of said potential condition.
C. 
Underground utilities. In order to ensure greater safety, reliability and improved appearance, all utilities and services, including lines and equipment for providing power and/or communication, shall be installed underground. Except in unusual circumstances, underground utility lines shall be located outside of the traveled way of a road. If located outside of the road right-of-way, the necessary easements for this purpose must be provided before subdivision approval by the Planning Board. Underground service connections shall be provided to the property line of each lot and may pass under the traveled way of a road. All installations shall be made in accordance with the rules and regulations of the appropriate municipal district and/or utility company.
D. 
Other improvements.
(1) 
Road signs. Standard town road signs shall be provided by the developer and placed at all intersections in locations approved by the Superintendent of Highways within the right-of-way.
(2) 
Road lighting. The Planning Board may require road lighting, and the design and location of the road lighting standards shall be subject to approval of the Planning Board.
(3) 
Road trees. The Planning Board may require the planting of new road trees in subdivisions which are lacking in trees or in which a substantial loss of trees has occurred or will occur in the process of road construction. Such trees shall preferably be of a hardwood variety, of a type indigenous to the neighborhood, shall be planted in fertile or fertilized ground and shall be watered and nurtured until growth is assured. Trees shall have a minimum diameter of trunk at a point six (6) feet above ground level of at least two and one-half (2 1/2) inches. If planting of such trees is required, the applicant shall first submit a planting plan to the Planning Board for approval. In general, trees shall be planted on both sides of the road, within the road right-of-way but outside of any sidewalks, and at intervals of sixty (60) feet on centers.
(4) 
Sanitary sewers, water mains and fire hydrants. Where required by the Planning Board, the applicant shall install sanitary sewers and/or mains and fire hydrants of a type and in a manner prescribed by the regulations of the appropriate sewer, water or fire district or other municipal agency having jurisdiction.
(5) 
Fire alarm signal devices. When required by the Planning Board, the applicant shall install fire alarm signal devices, including necessary ducts, cables and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district or other municipal agency having jurisdiction.
(6) 
Monuments. Monuments shall be of a type shown on the Construction Standards and Specifications for New Subdivisions[3] and shall be required wherever deemed necessary by the Planning Board to enable all lines to be reproduced on the ground. In general, monuments shall be located on road lines, usually at block or lot corners, shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the road limits, and shall not be more than one thousand (1,000) feet apart. Monuments shall be set three (3) inches above the ground surface, except that they may be set flush with this surface when, as in a driveway, they would otherwise present an obstruction.
[3]
Editor's Note: See Part 1 of this chapter.
(7) 
Dry hydrants. The Planning Board may require the installation of dry hydrants, constructed in accordance with the design standards of the local fire district, where it is determined that such hydrants are desirable and a satisfactory source of water supply can be made available.
A. 
Lot arrangement. The lot arrangement shall comply with the Zoning Ordinance and County Health Department regulations and provide safe driveway access to buildings from existing and/or proposed new roads.
B. 
Driveways. Approximate driveway locations shall be shown on the construction plans. The maximum driveway gradient to the building site shall not exceed fourteen percent (14%), and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. The Planning Board may require that the applicant submit necessary topographic and design information to demonstrate that the lot layout will allow driveways that meet these criteria and provide proper drainage.
C. 
Lot dimensions. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, it is suggested that such lots be arranged so as to allow further subdivision and the opening of future roads where they would be necessary to serve such potential lots, all in compliance with the Zoning Ordinance and these regulations. When one (1) or more lots are capable of further subdivision, the plat shall be suitably annotated to indicate that such further subdivision requires the approval of the Planning Board.
D. 
Side lot lines. In general, side lot lines shall be at right angles to road lines.
E. 
Access from roads. Except in unusual cases, lots shall not derive access from a major or collector road, but shall front on a local road. Where driveway access from a major or collector road may be necessary for two (2) adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such road. The Planning Board may require the applicant to furnish necessary topographic and design information to demonstrate, to the satisfaction of the Planning Board, that driveways can be designed and arranged so as to eliminate the necessity of requiring vehicles to back into traffic on access roads.
F. 
Corner lots. Dimensions of corner lots should be large enough to allow for the erection of buildings, observing the minimum front yard setback from each road.
G. 
Water bodies. No more than approximately twenty-five percent (25%) of the minimum lot area required under the Zoning Ordinance may be satisfied by land which is under water or mapped as a wetland by the Wetlands Control Commission, except that in an R-4A District, approximately fifty percent (50%) may be so satisfied. If a tract being subdivided contains a body of water, or portion thereof, the lot lines shall be so drawn as to apportion the entire ownership of the body of water among the fees of adjacent lots. Such bodies of water shall not be laid out as landlocked parcels.
H. 
Plats affecting land in two (2) or more zoning districts.
(1) 
Whenever the parcel of land shown on a plat lies in two (2) or more zoning districts, the location of the zoning district boundary lines shall be shown on the plat. In addition, a notation shall be added as to the effective date of such zoning, e.g., "Existing zoning boundaries as of ....................., 19..... ."
(2) 
Wherever possible, a lot should not be divided by a zoning boundary. If such division is necessary in the interest of the overall layout, the boundaries of that lot shall be so laid out that it may be developed in accordance with the standards of the zoning district in which the building site lies. The lot shall also be laid out in such a manner that any applicable standards of the Zoning Ordinance regarding such cases can be met.
(3) 
For lots straddling municipal boundaries, see § 107-27.
A. 
Conventional subdivisions.
(1) 
General standards.
(a) 
The Planning Board may require that land be reserved within subdivisions for parks and playgrounds or other recreation purposes. Each reservation shall be appropriately located and shall be of suitable size, dimensions, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the plat as "Reserved for Park or Playground Purposes."
(b) 
When such areas are required, the Planning Board shall determine the maximum area to be reserved from the following table:
Table of Recreation Requirements
Zoning District
Percentage of Land in Subdivision to be Reserved
Residence Four Acre
6%
Residence Two Acre
8%
Residence One Acre
10%
Residence One-Half Acre
12%
Residence One-Quarter Acre
14%
Residence Two-Family
16%
Residence Village Apartment
25%
Other
Same as for equivalent Residence District listed above
(2) 
Standards for large lots. For those subdivisions which are laid out in lots larger than the zoning minimum, the Board may apply the above percentages for the zoning district equivalent to such larger lots, provided that such lots are so laid out that no further subdivision is possible.
(3) 
Minimum size. In general, it is desirable that land reserved for park and playground purposes have an area of at least five (5) acres. The Board may require that such areas be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.
(4) 
Character of sites. Land reserved for park and playground purposes shall be of a character, configuration and location suitable for the particular use intended. A site to be used for active recreation purposes, such as a playground or a playfield, should be relatively level and dry, have a total frontage on one (1) or more roads of at least two hundred (200) feet and have no major dimension of less than two hundred (200) feet. If such site is intended to be offered for dedication to the Town of Bedford, the Planning Board may refer the plan to the Town Recreation Department for its review and recommendations. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Board may deem suitable. The configuration of such sites shall be as deemed adequate by the Board to encompass the scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc., where necessary and appropriate.
(5) 
Ownership. Ownership shall be clearly indicated on all reservations for park and playground purposes and shall be clearly established in a manner satisfactory to the Town Attorney so as to ensure continuation of responsibility for ownership and maintenance.
(6) 
Fee in lieu of reservation.
(a) 
Where the Planning Board deems that such reservation of land within a subdivision would be inappropriate because of the character, location or size of the land which could be reserved, the Planning Board may waive such requirement, subject to appropriate conditions. Such appropriate conditions may include the requirement that the applicant pay a fee to the Town of Bedford and present a copy of a receipt therefor to the Planning Board, which moneys shall be deposited in a trust fund to be used for the purchase and development of permanent park and playground sites within the town. In those cases where a fee is required, the amount of this fee shall be as determined by the Town Board.
(b) 
No credit shall be given for the original lot in computing this payment, unless there is an existing residence on the property that will occupy one of the newly created lots.
(c) 
If a subdivision includes parcels which are capable of being further subdivided in accordance with existing zoning standards, the required payment shall be based solely on the number of lots shown on the plat under consideration. An additional payment shall be required at such time as the oversized lots are resubdivided.
(7) 
Additional recreation reservations. None of the subsections above shall be construed as prohibiting an applicant from reserving land for recreation purposes in addition to the requirements of this section.
B. 
Preserved land in conservation subdivisions. Each conservation subdivision shall result in the preservation of open space having significant scenic, ecological and/or recreational characteristics, with its location, access, shape and dimensions suitable, in the judgment of the Planning Board, for the intended use. An area generally not to exceed five percent (5%) of the total acreage within the subdivision may be planned and developed with permanent facilities for recreational use. Hereinafter, such area will be designated as recreation land. If such area is intended to be offered for dedication to the Town of Bedford, the Planning Board may refer the proposed plan to the Town Recreation Department for its review and recommendations. The remainder of the open space shall be preserved in its natural undeveloped state except for the establishment, when approved by the Planning Board, of nature trails and accessory nature study facilities and will hereinafter be designated as conservation land. Open space shall be shown and marked on the plat as "Recreation Land" or "Conservation Land" with appropriate notations referencing the restrictions which will assure the preservation of that land for its intended purpose.
A. 
Widening or realignment of existing roads. Where a subdivision borders on an existing narrow road or when the Town Development Plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the applicant may show areas for widening or realigning such roads on the plat marked "Reserved for Road Realignment (or Widening) Purposes." It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Official Map. Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance. Such land shall be deeded to the Town of Bedford.
B. 
Utility and drainage easements.
(1) 
Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within road rights-of-way, perpetual unobstructed easements at least fifteen (15) feet in width for such utilities or drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. Such easements shall convey to the holder of fee title of the highway the perpetual right to discharge stormwater runoff from the highway and from 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 purposes of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to drain adequately the highway 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 and indicated on the plat.
(3) 
Under certain conditions, where it is not possible to discharge stormwater runoff from a catch basin into an existing watercourse, the Planning Board may permit a catch basin to discharge onto and across a lot in the subdivision without being restricted to a specific channel. In such cases, a drainage discharge point shall be indicated on the plat, rather than a drainage easement. The drainage easement notation shall be worded accordingly.
[See § 107-51E (10)(a).]
(4) 
In special cases, as in industrial or business zones, where an easement to discharge drainage water from the road cannot be conveniently relocated, such easement may be run under a proposed building site, provided that the area of the pipe or culvert to carry the drainage water is doubled in size for its entire length, and further provided that the total length of such pipe or culvert does not exceed one hundred fifty (150) feet. In such cases, and elsewhere where permission is given to an owner to build over an existing drainage easement, the owner shall first enter into an agreement to maintain the drainage line and to hold the town harmless in the event of damage claims.
C. 
Slope easements.
(1) 
In certain cases, the necessary embankment slope for a proposed road, or for an existing road, or for the future widening of an existing or proposed road, may extend beyond the normal right-of-way of such road. Where possible, the normal right-of-way should be widened to accommodate the full extent of the embankment slope. Where this is not possible, the Planning Board may require the applicant to obtain slope easements for such embankments. The slope easement shall be indicated on the subdivision plat. A notation shall be added to the plat, as follows: "The slope easements shown hereon convey to the (insert here either 'Town of Bedford' or 'holder of fee title of the highway') the right to enter said premises for the purpose of cutting and maintaining a stable earth slope."
(2) 
Where such easements are on land not owned by the applicant, the easement rights shall be obtained by the applicant from the owner of such land in a form satisfactory to the Town Attorney and suitable for recording in the office of the County Clerk. The Planning Board may also require that the grantor of such rights indicate his approval by a suitable notation and dated signature on the plat.
D. 
Sight easements.
(1) 
Sight easements shall be provided across all corners at intersections, outside the road right-of-way, within the triangular area formed by the nearest edges of road pavement and a straight line between two (2) points each a minimum of seventy-five (75) feet back from the intersection of the nearest edges of pavement prolonged. The easement shall provide that the holder of fee title to the abutting roads, or other approved designee, shall have the right to enter the easement area for the purpose of clearing, regrading and maintaining a clear line of sight in either direction across such triangular area between an observer's eye three and five tenths (3.5) feet above the road surface at the nearest edge of the road and an object one (1) foot above the nearest edge of pavement on the intersecting road. In the case of roads which must intersect at other than right angles, the Planning Board may require that the dimensions of the sight easement be modified to provide adequate sight distance.
(2) 
The initial clearing and/or regrading of the area within the sight easement by the applicant shall be made a condition of plat approval.
(3) 
In those cases where the land within the sight easement area is not owned by the applicant, the easement rights shall be obtained by the applicant from the owner of such land in a form satisfactory to the Town Attorney and suitable for recording in the office of the County Clerk. The Planning Board may also require that the grantor of such rights indicate his approval by a suitable notation and dated signature on the plat.
(4) 
The plat shall bear the notation of the explanation of the sight easement rights given in § 107-51E(10)(c) of these regulations.
In any case where the title to a reservation is not offered for dedication to the town, the ownership should be clearly established to ensure continued responsibility for such reservation.
If a proposed subdivision includes land that is zoned for business or industrial purposes, the layout of the subdivision with respect to such land shall make such provisions as the Planning Board may require for safe and convenient access to such automobile parking and loading and unloading spaces as may be required by the Zoning Ordinance, or otherwise for safe and convenient access to such land.
Where the Planning Board finds that, because of special circumstances of a particular plat, extraordinary hardships may result from strict compliance with these regulations, it may waive specific requirements of the regulations so that substantial justice may be done and the public interest secured, provided that any such waiver will not have the effect of nullifying the intent and purpose of these regulations, the Town Development Plan or the Official Map of the town. In granting any waiver, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so waived.
A. 
Number of dwelling units. The number of dwelling units permitted in a conservation subdivision shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into conventional lots conforming to all requirements of these Land Subdivision Regulations, the Construction Standards and Specifications for New Subdivision, the Bedford Zoning Ordinance, the Westchester County Department of Health, and all other applicable requirements.
B. 
Arrangement of dwelling units. Residential dwelling units permitted within a conservation subdivision may be located in detached and/or attached dwellings at the discretion of the Planning Board and subject to the conditions set forth below.
C. 
Dimension of lots.
(1) 
Where one-family detached dwellings are to be constructed, individual lots shall be provided for each such dwelling, and the minimum area and width of such lots shall, in no case, be less than ten thousand (10,000) square feet and eighty-five (85) feet, respectively. Larger lot dimensions may be required where the Planning Board finds that such requirement is consistent with the policies stated in § 107-25 and where it considers that the establishment of larger lots would further preserve the character of the general area in which the conservation subdivision is to be located.
(2) 
One (1) or more attached dwellings may be located on a lot or lots with front, side and rear yards conforming to the requirements stated below. Dwelling units in attached dwellings may also be located on separate lots with only front and rear yards conforming to the requirements stated below for such buildings.
D. 
Height, bulk and arrangement of buildings. The following requirements shall apply to all buildings constructed in conservation subdivisions:
(1) 
Buildings shall not be more than two and one-half (2 1/2) stories or more than thirty-five (35) feet in height, nor contain more than five (5) dwelling units.
(2) 
Front yards shall be no less than thirty-five (35) feet where buildings face on roads with a right-of-way width of fifty (50) feet or more, and shall be no less than sixty (60) feet deep measured from the center line of roads with a right-of-way width of less than fifty (50) feet. Accessory buildings shall be prohibited in front yards.
(3) 
The separation between buildings containing attached dwelling units shall not, in general, be less than the height of the higher building. The Planning Board may modify this requirement where, in its judgment, adequate daylight and air circulation for each dwelling unit would require a larger separation or could be provided by a smaller separation.
(4) 
Minimum side and rear yards as follows:
Type of Building
Minimum Side and Rear Yards Between Buildings and Interior Lot Lines
Minimum Side and Rear Yards Between Buildings and Perimeter Subdivision Boundary
Detached dwellings
Side yard, 15 feet; 2 side yards, 35 feet; rear yard, 40 feet
Both same as required for conventional lots in zoning district within which the subdivision is located
Attached dwellings
Side and rear yards, both 35 feet
Both twice the side yard required for detached dwellings or conventional lots in zoning district within which the subdivision is located, but in no case less than 50 feet
Accessory buildings
Side yard, 10 feet; rear yard, 10 feet
Same as for detached dwell- ings
E. 
Subdivision design and improvements. Except as modified above, the design of conservation subdivisions and the construction of improvements shall conform to the standards and requirements of the Town of Bedford Zoning Ordinance,[1] Land Subdivision Regulations, Construction Standards and Specifications for New Subdivisions[2] and to the standards and requirements of the Westchester County Department of Health and other agencies having authority to approve specific aspects of the proposed design and/or improvements.
[1]
Editor's Note: See Ch. 125, Zoning.
[2]
Editor's Note: See Part 1 of this chapter.
A. 
Upon written request of the owner, the Planning Board may by resolution waive the requirement of subdivision approval over the division into two (2) lots of a parcel of land with frontage on an existing road, provided that the parcel does not have the potential to be divided into more than two (2) lots under existing zoning districts where a minimum lot size requirement applies, no creation or extension of roads or municipal facilities is required and the Planning Board finds that such waiver does not conflict with the public interest or with the intent and purpose of the Land Subdivision Regulations, Zoning Ordinance, Town Development Plan or Official Map of the town.
B. 
The Planning Board may require submission of any maps, surveys or other data necessary for such consideration.
C. 
In granting such waiver, the Planning Board shall attach such conditions to its resolution as are, in its judgment, necessary to meet the intent and purpose of these regulations. Such conditions shall include payment of a recreation fee in lieu of recreation land for the additional lot which is created by the proposed division.
[Added 6-19-1984]
Pursuant to § 107-22 of these regulations, the Planning Board may require the submission of an application for a conservation subdivision incorporating modifications to applicable zoning provisions where an applicant has not requested such modifications. Prior to the Planning Board determining whether and to what extent such modifications shall be required, said Board shall first determine that the modifications are necessary to satisfactorily achieve one (1) or more of the following specific objectives:
A. 
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.
B. 
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.
C. 
The preservation of any unique or significant aesthetic features of the site, including but not limited to a community vista, ridgeline or roadside character.
D. 
The creation of useful open space areas, whether passive or active, to serve the needs of the residents of the subdivision or of the town.
[Added 8-21-1984[1]]
[1]
Editor's Note: With the addition of this subsection, Subsection E, former Subsection D, pertaining to the protection of other features, was redesignated as Subsection F.
E. 
The creation of the most efficient layout of new subdivisions, including the shape or location of house sites, driveways or roads.
[Added 8-21-1984]
F. 
The protection of any other unique or significant feature of the site which the Planning Board determines to be important for recreation, education, open space or similar purposes.