[Added 3-4-1986 by L.L. No. 8-1996]
A.
The purpose of this article is to encourage flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and
scenic qualities of open land.
B.
The standards and procedures hereinafter set forth
are adopted pursuant to Town Law § 278. These standards
and procedures are hereby declared to be the sole manner in which
the Town Board or Planning Board may authorize development in a manner
other than as required by the strict application of this article.
C.
This article shall be applicable to all residential
districts, except the R1-160 and R1-200 Districts. In multifamily
districts, including R-2 and RSP-1 Districts, the Planning Board or
Town Board is authorized to approve cohesive development of individual
or multiple sites to allow row houses (townhouses, patio houses, etc.)
of not more than three stories and to allow apartments for either
rental, sales, cooperatives or condominiums. These standards may be
applied, provided that the open land resulting from such provision
is reserved in open space, and provided that the total plan of development
(including the architectural treatment of the buildings, the building
locations, the parking layout, the provisions for developed usable
open space, parking egress and ingress and appurtenant facilities
proposed) is constructed in accordance with a site development plan
approved by either the Town Board or the Planning Board, as indicated
in this article. The density formula shall not be applied to the zoning
districts referred to above.
[Amended 3-3-1987 by L.L. No. 5-1987; 9-16-1987 by L.L. No. 25-1987]
D.
The dwelling units constructed pursuant to the standards
and procedures set forth herein may, at the discretion of the Planning
Board and subject to any conditions set forth by the Town Board, be
in detached, semidetached, attached or multistory structures.
E.
The provisions of this article shall not be deemed
to authorize a change in the permissible use of lands as provided
for in this article.
F.
The application of this article shall result in a
permitted number of building plots or dwelling units which shall in
no case exceed the number which could be permitted if the land were
subdivided into lots conforming to the minimum lot size and density
requirements of this article applicable to the district or districts
in which such land is situated and conforming to all other applicable
requirements. This calculation of density shall be determined by use
of the standards and formula set forth below.
G.
The provisions of this article are not intended and
shall not be deemed to give the Planning Board the authority or the
power to apply or remove the RSP-l or any other zoning designation
or classification to any area, district, zone, lot or parcel of land
within the Town of Yorktown.
[Added 6-15-2004 by L.L. No. 17-2004]
A.
The Town Board of the Town of Yorktown hereby finds
that a substantial proportion of the remaining vacant land in the
Town is environmentally sensitive and topographically difficult. The
Town Board further finds that it is to the benefit of all, wherever
practicable, to promote the conservation of remaining open space,
preserve environmentally sensitive areas in their natural state and
preserve the existing aesthetic qualities of the Town while providing
sufficient housing for those who wish to live in the Town.
B.
The goal to be achieved by the use of the procedures
and standards set forth in this article is the creative use of land
so as to establish a more desirable living environment than would
otherwise be possible through the conventional application of this
article.
C.
Objectives to be attained by the use of this article
include:
(1)
The preservation, enhancement and/or creation of water
bodies, wetlands, open space, major stands of trees, outstanding natural
topography, significant geological features and other areas of scenic
and ecological value and the prevention of soil erosion and minimization
of potential pollution and flood hazards.
(2)
An efficient use of the land so as to facilitate the
adequate and economical provision and maintenance of streets and drainage
facilities and to facilitate, where possible, the establishment of
central wastewater treatment and water supply systems as an integral
part of residential development, consistent with the promotion of
the public health, safety and welfare.
(3)
Innovation, flexibility and variety in the type, design
and layout of residential housing so as to permit greater variety
and range in the choice of housing types, living environment, occupancy
tenure and housing cost.
(4)
Diversity and originality in lot layout and individual
building design shall be encouraged to achieve the best possible relationship
between development and the existing topography.
A.
Authorization is hereby granted to the Planning Board
of the Town of Yorktown, as herein set forth, to simultaneously with
the approval of a plat or plats, pursuant with this article, modify
applicable provisions of this article subject to the conditions set
forth in this article and such other reasonable conditions as the
Town Board of the Town of Yorktown may, in its discretion, add thereto.
B.
An applicant desiring to use the standards set forth in this article shall file, with the Planning Board, the application and plans required for subdivision review and approval as set forth in Chapter 195, Land Development. Such application and plans shall have clearly marked upon their face that said plan is for development in accordance with these standards. The applicant shall also submit a written, detailed statement setting forth the nature of modifications, changes or supplementations of existing zoning provisions and the reasons for the same. Said statement shall include the manner in which such modifications, changes or supplementations of existing zoning provisions will benefit the Town and will further the public health, safety or welfare. The applicant may be required, at various stages of the planning process, to further justify his request to use the standards and procedures set forth herein.
C.
In addition, the applicant shall file the following
maps and data, in the form indicated, so that a determination may
be made, by the Planning Board, of the number of dwelling units which
may be permitted by the use of this article:
(1)
A recent topographical survey, drawn at a scale of
not less than 100 feet to the inch, stamped by a licensed surveyor,
indicating the following:
(a)
Water bodies, such as lakes, ponds and streams
(streams shall have running water at least six months per year).
(b)
Wetlands, which shall be identified as state controlled and/or Town controlled. Boundaries of state wetlands shall be certified by a representative of the New York State Department of Environmental Conservation in the event that DEC wetlands maps are unavailable. Boundaries of Town wetlands shall be determined pursuant to § 178-3 of the Code of the Town of Yorktown or any amendment, replacement or supplementation thereto.
(c)
Wetland-controlled areas pursuant to § 178-3 of the Code of the Town of Yorktown or any amendment, replacement or supplementation thereto.
(d)
Slope analysis identifying all slopes in excess
of 20%.
(e)
Existing utility easements.
(f)
Contiguous rock outcrops of at least 2,000 square
feet.
(g)
Areas identified as flood-prone areas on Federal
Emergency Management Agency maps.
(h)
Any other information required by the Planning
Board.
(2)
Any other data, plans and maps required by the Planning
Board.
D.
The Planning Board shall review the above documents
to determine compliance with the criteria set forth in this article
and shall make a determination of the number of lots or dwelling units
which may be permitted. If, in the Planning Board's judgment, the
proposed development is appropriate for processing pursuant to this
article, said Board shall transmit such application and other relevant
documents to the Town Board with a request for authority to act in
accordance with the standards set forth herein.
E.
After receipt of such request from the Planning Board, the Town Board shall schedule an informational hearing relative to the proposed use of the standards set forth herein. The applicant shall comply with Chapter 205 of the Code of the Town of Yorktown relating to notice to interested parties. The applicant shall provide the Town Board with such data, maps and plans as are required by the Town Board.
F.
The Town Board shall review the recommendation of
the Planning Board and determine whether or not to authorize the Planning
Board to process the proposed development pursuant to this article.
Said authorization, if granted, shall specify the lands to which this
procedure shall be applicable and may contain such other reasonable
conditions as the Town Board, in its discretion, may add thereto.
G.
In the event that such authorization is granted, the Planning Board shall process the application pursuant to Chapter 195, Land Development, including review at public hearings held pursuant to Town Law §§ 276 and 277.
H.
Town Board authorization for use of the standards
set forth in this article shall expire and become void if any of the
following events do not occur within the time limits as set forth:
(1)
The adoption of a resolution, by the Planning Board,
preliminarily approving a plat (or site or parking plan) within nine
months of the aforesaid Town Board authorization. This preliminary
approval may be subject to conditions.
(2)
The adoption of a resolution of final approval, by
the Planning Board within 24 months of the aforesaid Town Board authorization.
This final approval may be subject to conditions.
(3)
The signing of the plat by the Planning Board within
36 months of the aforesaid Town Board authorization.
(4)
Commencement of construction within 18 months from
the filing of the plat in the Westchester County Clerk's office. A
note to this effect shall be placed on the plat. If construction is
not so commenced, the plat shall be void.
A.
The permitted density shall be determined on the basis
of the following formula:
|
0.9An where:
| |||
|
N = L
| |||
|
An = Ag - (W + Wc + Sl + R + F+ Rec.)
| |||
|
Definitions
| |||
|
N
|
=
|
Number of lots permitted
| |
|
Ag
|
=
|
Gross area of property
| |
|
An
|
=
|
Net buildable area
| |
|
L
|
=
|
Zoned minimum lot area
| |
|
W
|
=
|
Water bodies and wetlands area
| |
|
Wc
|
=
|
Wetlands control area
| |
|
Sl
|
=
|
Area of slopes over 20%
| |
|
R
|
=
|
Contiguous rock outcroppings over 2,000 feet
in area
| |
|
F
|
=
|
Area prone to flooding
| |
|
Rec.
|
=
|
.10 x Ag
| |
B.
Explanation.
(1)
All areas shall be shown in square feet.
(2)
There shall be no double counting of overlapping areas.
(3)
Water bodies shall include lakes, ponds and streams. Streams shall have running water at least six months of the year. Wetlands shall be identified as state-controlled wetlands and/or Town-controlled. Boundaries of the state wetlands have to be certified by a representative of the New York State Department of Environmental Conservation until such time that DEC wetlands maps are available. Boundaries of Town wetlands shall be based on the definitions in § 178-3 of the Yorktown Code.
(4)
Wetlands control area shall be determined on the basis of the definitions in § 178-3 of the Yorktown Code.
(5)
Areas with slopes over 20% shall be deducted from
the gross area except for the following: in the R1-20 zone, areas
of 100 feet in width or less; in the R1-40 zone, areas of 150 feet
in width or less; and in the R1-80 zone, areas of 200 feet in width
or less shall not be so deducted. The width shall be measured perpendicular
to the slope.
(6)
Contiguous rock outcroppings shall be identified as
large masses of projecting concreted stone.
(7)
Flood prone areas are those shown on the Federal Emergency
Management Agency maps.
(8)
In the event that N contains a fractional part equal
to or exceeding .5, N shall be rounded off to the next highest whole
number. In the event that N contains a fractional part less than .5,
said fractional part less than .5 shall be disregarded.
A.
A "site" is defined as the entire area of land proposed
for development.
B.
The site, when developed, shall be served by an approved
public water supply system and an approved public sanitary sewer system.
C.
The site shall have a minimum of 50 feet of frontage
on an existing public street or highway which is owned and/or maintained
by the Town of Yorktown, the County of Westchester or the State of
New York (hereinafter in this article referred to as a "public street").
[Amended 7-16-1996 by L.L. No. 11-1996]
D.
If the site is to contain attached dwelling units,
no more than eight such units shall be attached in any one cluster.
A.
A "lot" is defined as an area of land upon which it
is proposed to build a detached dwelling.
B.
The minimum lot size, regardless of zoning district,
shall be 10,000 square feet.
C.
The minimum setbacks for each dwelling (or group of
dwellings, in the event that they are attached) shall be determined
by the approving board only after receipt of a recommendation from
ABACA.
A.
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other purposes, the Planning Board, as a condition of plat
approval, shall establish such conditions on the ownership, use and
maintenance of such lands as it deems necessary to assure the preservation
of such lands for their intended purposes.
B.
Any of such open spaces shall be shown on the plat
with a notation on the face thereof that such open spaces shall not
be further subdivided or used for future building lots.
C.
If any or all of the common open space is not dedicated
to and accepted by the Town, the formation and incorporation of a
neighborhood association, homeowners' association or other entity
approved by the Planning Board shall be required. At the discretion
of the Planning Board, documents indicating said formation shall be
presented, either prior to the signing of the plat, prior to the granting
of building permits or prior to the issuance of the first certificate
of occupancy for a dwelling within the plat. If required by law, the
approval of the Attorney General shall be obtained prior to the formation
of the association.
D.
Covenants for mandatory membership in the association
shall be approved by the Planning Board, filed in the Westchester
County Clerk's office and included, in whole or by reference, in the
deed to each lot.
E.
The association formed shall, in addition to any other
rights or responsibilities, be responsible for maintaining the common
open space(s) and operation and maintenance of any facilities within
such open space(s).
F.
The association shall be empowered to levy and shall
levy, when necessary, annual charges against all owners of lots to
defray all expenses in connection with the maintenance, ownership
and operation of open spaces and facilities placed thereon. The documents
forming such association and the covenant filed in the Westchester
County Clerk's office shall state that such charges, if unpaid, shall
become a lien against the property which is in default.
G.
The documents forming such association and the covenant
filed in the Westchester County Clerk's office shall additionally
state that the Town of Yorktown shall have the right, but not the
obligation, by legal action or otherwise, to enforce the property
owner's obligation to pay any charges to the association.
H.
The developer or subdivider shall maintain control
of such open space(s) and be responsible for its maintenance until
development sufficient to support the association has taken place.
Such determination shall be made by the Planning Board upon request
of the neighborhood association or developer or subdivider; or the
Planning Board may set forth conditions concerning the transfer of
the open space to the association, in its approving resolution and/or
by requiring an appropriate note to be placed upon the plat.
I.
Prior to the signing of the plat, the subdivider or
developer (except where condominiums are to be constructed) shall
execute an agreement with the Town of Yorktown, which the homeowners'
association shall be subject to, provided that, in the event that
the homeowners' association or any successor organization shall, at
any time after approval of the development, fail to maintain the common
land or any improvements thereon in reasonable order or condition
in accordance with the approved plan, the Town of Yorktown may serve
written notice upon such legal entity or successor organization or
upon the property owners within the development, setting forth the
manner in which the association has failed to maintain the common
land or any improvements thereon, which said notice shall include
a demand that such deficiencies be corrected within a designated time
frame. If the deficiencies are not corrected within the designated
time frame, the Town of Yorktown, in order to preserve the taxable
values of the property within the development and to prevent the common
land and improvements thereon from becoming a public nuisance, may,
but shall not be obligated to, enter upon and take possession of said
common land and improvements and maintain the same until such time
as the Town Board shall determine that the homeowners' association
is ready and able to maintain the common land and improvements in
proper condition. Said entry and maintenance shall not vest in the
public any rights to use the common land or improvements except when
the same is voluntarily dedicated to the public by the homeowners'
association and the offer of dedication is accepted by the Town Board.
The decision of the Town of Yorktown with respect to the action described
in this subsection shall constitute a final administrative decision
subject to review in accordance with the provisions of Article 78
of the Civil Practice Law and Rules. The cost to the Town of Yorktown
of any such maintenance shall be assessed against the properties within
the subdivision, and, in the event of the failure or refusal of any
such property owner to pay any such charges when due, the unpaid amount
thereof shall become a lien against that person's property and, together
with interest from the due date thereof, shall be included in the
annual tax levy of the Town of Yorktown upon such property for each
such fiscal year, and the amount so levied shall be collected in the
same manner as other Town taxes.
[Amended 11-18-1986 by L.L. No. 27-1986]
[Amended 7-16-1996 by L.L. No. 11-1996]
It is the intent of the Town Board to promulgate
special standards in order to achieve more openness of development
and to reduce the amount of public streets in the rugged areas of
the Town. In the R1-80 and R1-40 Residence Districts, the Planning
Board is hereby authorized to approve subdivision plats containing
lots with less than 100 feet of frontage on an existing or proposed
public street, subject to the standards and procedures set forth below.
A.
An applicant desiring to use this section shall comply with the procedure set forth in § 300-210 of this article.
B.
The preliminary density (lot count) of the parcel shall be determined by use of the density calculation formula found in § 300-211 of this article. The preliminary density shall be divided by two to determine the final density (maximum number of lots) for the parcel.
C.
No parcel of land (site) shall be considered for development
pursuant to these special site standards unless the parcel has access
to at least 50 continuous feet of frontage on an existing public street.
D.
Only single-family detached dwellings shall be constructed
using these special site standards.
E.
The lots approved using these standards need not have
any frontage on an existing or proposed public street.
F.
Neither the site, as a whole, nor individual lots
need be connected to a central wastewater treatment facility, common
sanitary sewer system or common water supply system. It is the intent
of this section to allow for individual septic systems and wells to
service individual lots.
G.
The minimum lot size permitted by use of these special
site standards is 40,000 square feet in the R1-40 zone and 80,000
square feet in the R1-80 zone.
