The Planning Commission, in considering an application
for the subdivision of land, shall be guided by the following considerations
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 City Development Plan.
Subdivisions shall conform to the streets shown on the Official Map
of the city and shall be properly related to the City Development
Plan as it is developed and adopted by the Planning Commission.
C.
Access from suitably improved street. The area to
be subdivided shall have frontage on and access from a street on the
Official Map, which street is suitably improved to the satisfaction
of the Commission so as to accommodate the traffic generated by the
subdivision without impairing its present function or for which street
a bond covering such improvement is held by the city.
D.
Minimizing flood damage. Subdivisions located in areas
of special flood hazard shall be designed to minimize flood damage,
shall have all utilities and facilities located and constructed to
minimize or eliminate flood damage and shall have surface water control
improvements and other drainage improvements adequate to reduce exposure
to flood hazards.
[Added 3-5-1980 by L.L. No. 3-1980]
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.
Widths of right-of-way. Streets shall have the right-of-way prescribed in the schedule in Subsection C(1) below unless otherwise indicated on the City Development Plan.
C.
Standards for street design.
(1)
Streets shall meet the following design standards.
Street classification may be indicated on the City Development Plan
or Official Map. Otherwise, it shall be determined by the Planning
Commission. Standards are not shown for major streets, which would
be built by the state or county.
Street Classification
| |||
---|---|---|---|
Widths
and Grades
|
Local
Residential
|
Secondary
|
Business
|
Minimum width of right-of-way
(feet)
|
50
|
60
|
60
|
Minimum width of pavement (excluding curbs or
gutters)
(feet)
|
30, except 36 where located in a multifamily residence district and 24 in R-1; also see § 170-14C(3)
|
38
|
40
|
Ordinary minimum radius of horizontal curves
of street line (feet)
|
200
|
400
|
400
|
Ordinary minimum length of vertical curves at
surface of pavement (feet)
|
Not less than 20 for each 1% algebraic difference
of grade
|
Not less than 30 for each 1% algebraic difference
of grade
|
200
|
Ordinary minimum length of tangents between
reverse curves (feet)
|
100
|
200
|
200
|
Ordinary maximum grade
|
8%
|
6%
|
6%
|
Ordinary minimum grade
|
1%
|
1%
|
1%
|
Minimum sight distance (feet)
|
150
|
250
|
250
|
(2)
Easements shall be 10 feet wide or more where specified.
(3)
For local residential streets in R Districts, the
Planning Commission may authorize a reduction of the minimum width
of pavement to 24 feet for permanent dead-end streets not longer than
six times the minimum lot width for the zoning district, and for all
or part of the length of other streets in R-2 and R-3 Districts where
considerations of grade, sight distance and probable traffic volume
and speed indicate that such lesser width would be consistent with
requirements of safety and convenience.
D.
Relations to topography. Streets shall be related
appropriately to the topography, and all streets shall be arranged
so as to obtain as many as possible of the building sites at or above
the grades of the streets. Grades of streets 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 generally twice the normal lot depth and not more than 12 times the minimum lot width required in the zoning district. In long blocks, the Planning Commission may require the reservation of a twenty-foot-wide easement through the block to accommodate utilities or pedestrian traffic. (See § 170-17B and C)
F.
Intersections. Intersections of major streets by other
streets shall be at least 800 feet apart, if possible. Cross street
(four-cornered) intersections shall be avoided in general, except
as shown on the City Development Plan or at other important traffic
intersections. 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 at approximately right angles.
Grades shall be limited to no more than 3% 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. In order to provide visibility
for traffic safety, that portion of any corner lot (whether at an
intersection entirely within the subdivision or of a new street with
an existing street) which is shown shaded on Sketch A shall be cleared
of all growth (except isolated trees) and obstructions above the level
three feet higher than the center line of the street. If directed,
ground shall be excavated to achieve visibility.
G.
Continuation of streets into adjacent property. The
arrangement of streets shall provide for the continuation of principal
streets between adjacent properties where such continuation is necessary,
among other things, for convenient movement of traffic, effective
fire protection or efficient provision of utilities and drainage,
and in places where such continuation is shown on the City Development
Plan. If the adjacent property is underdeveloped 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 40 feet in radius at the outside pavement
edge and a fifty-foot easement 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. A temporary turnaround shall not be required
within 200 feet of an intersection where an alternate arrangement
has been approved by the Planning Commission.
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 not be nearer to such boundary than the normal average lot depth
for the zoning district in which the land is located, However, the
Planning Commission 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 and a minimum radius of 40 feet to
the outside edge of the pavement 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 not more than six times
the minimum lot width for the zoning district.
I.
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 City Development Plan or otherwise determined
by the Planning Commission to be necessary, such additional land shall
either be included as a part of such street as indicated on such plat
or be marked on the plat "Reserved for Street Realignment (or Widening)
Purposes."
J.
Street names.
(1)
All streets shall be named, and such names shall be
subject to the approval of the Planning Commission. Names shall be
sufficiently different in sound and in spelling from other street
names in the city so as not to cause confusion. A street which is
a continuation of an existing street shall bear the same name. Street
names shall conform to the following classifications:
Street Name
|
Type of Street
|
---|---|
Avenue or Road
|
Major or secondary street
|
Street or Lane
|
Local residential street (except as follows)
|
Court or Place
|
Dead-end street
|
Circle
|
Street, both ends of which intersect the same
street at different locations
|
(2)
Numbers as street names are not acceptable. House
numbers will be assigned by the City Engineer.
[Amended 6-15-1965]
A.
Street improvements.
(1)
General. 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, except where waivers may be requested and the Planning
Commission may waive, subject to appropriate conditions, such improvements
as it considers are not requisite in the interest of the public health,
safety and general welfare. If placed on the street right-of-way,
underground utilities may be required by the Planning Commission to
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. Walks in pedestrian easements shall
be improved according to specifications and as shown on the construction
plans. Other easements shall be cleared and graded where required
by the City Engineer.
(2)
Underground utility wires.
(a)
Electric and telephone wires shall be installed
underground, except that the Planning Commission may waive this requirement
at the request of the applicant in cases where the Commission shall
determine that the installation of underground service will result
in practical difficulty or hardship. In making such determination,
the Commission shall take into account the following:
(b)
The Planning Commission may grant a full or
partial waiver of this requirement, and in approving such waiver,
may require the installation of electric and telephone wires on poles
or may require a combination of underground and overhead service.
B.
Surface water control improvements.
(1)
The subdivider is required to preserve the natural
drainage features of the land, except for those reasonable alterations
permitted by the Planning Commission, and to provide surface water
control facilities as required by the Planning Commission to protect
adjoining property from surface water runoff.
(2)
The subdivider may be required by the Planning Commission
to control any spring or surface water that may exist prior to or
occur as a result of the development of the property by installing
or constructing surface water control facilities, which hereinafter
shall be deemed to include pipes, ditches, culverts, water retention
areas and structures, swales, slopes and other conduits or reservoirs
of water. The developer may also be required by the Planning Commission
to provide temporary on-site surface water and soil erosion control
facilities during construction.
(3)
Surface water control facilities, as may be required,
shall be located either in perpetually unobstructed easements or in
a street right-of-way when appropriate. The subdivider shall not construct
culverts, ditches, pipes or other conduits of water which will discharge
waters onto adjoining land in such a manner as to impair the appropriate
use and development of that land.
(4)
The subdivider may be required by the Planning Commission
to offset the increase in the rate of surface water runoff resulting
from the proposed development in accordance with the following requirements:
[Amended 5-21-1986 by L.L. No. 7-1986]
(a)
The surface water control plan and related subdivision
plans shall be referred to the Westchester County Soil and Water Conservation
District for their review and comments.
(b)
Sites of four acres or more shall provide for
a one-hundred-year stormwater detention facility or facilities, designed
using those methods contained in "Urban Hydrology for Small Watersheds
Technical Release No. 55," prepared by the United States Department
of Agriculture Soil Conservation Service, and as from time to time
amended, supplemented or replaced. In the Beaver Swamp Brook Watershed,
the Planning Commission may waive or modify this one-hundred-year
detention requirement after consultation with the Westchester County
Soil and Water Conservation District.
(c)
Sites with a proposed 75% or more net increase
in impervious surfaces shall provide for a one-hundred-year stormwater
detention storage facility or facilities designed using those methods
contained in "Urban Hydrology for Small Watersheds Technical Release
No. 55," prepared by the United States Department of Agriculture Soil
Conservation Service, and as from time to time amended, supplemented
or replaced. In the Beaver Swamp Brook Watershed, the Planning Commission
may waive or modify this one-hundred-year detention requirement after
consultation with the Westchester County Soil and Water Conservation
District.
(d)
Sites of less than four acres with a proposed
increase of less than a seventy-five-percent net increase in impervious
surfaces shall provide for a twenty-five-year stormwater detention
storage facility or facilities, except in the Beaver Swamp Brook Watershed
in which locations one-hundred-year stormwater retention shall be
required, designed using those methods contained in "Urban Hydrology
for Small Watersheds Technical Release No. 55," prepared by the United
States Department of Agriculture Soil Conservation Service, and as
from time to time amended, supplemented or replaced, or another method
specified by the City Engineer after consultation with the Westchester
County Soil and Water Conservation District. The Planning Commission
may waive or modify this one-hundred-year detention requirement after
consultation with the Westchester County Soil and Water Conservation
District.
(e)
Rainfall depth used in calculating required
stormwater detention facilities shall be, 7.2 inches in 24 hours for
a one-hundred-year storm and 5.7 inches in 24 hours for a twenty-five-year
storm. In each case, a Type III distribution shall be used.
(f)
Detention facility maximum discharge rates for
preconstruction conditions for the one-hundred-year storm and the
twenty-five-year storm shall be as follows:
(5)
The Commission may reduce the permitted number of
lots and reduce the permitted coverage of the land if it is determined
that the surface water retention facilities considered appropriate
by the Commission will not have sufficient capacity to offset the
increase in the rate and quantity of surface water runoff resulting
from the proposed development and/or if it is determined that the
increment of the increase which cannot be retained on the site cannot
be carried away by natural drainage or by public surface water control
facilities.
(6)
The Planning Commission and the City Engineer may waive or reduce the requirements of § 170-15B(4) of this chapter if it is determined by them that existing storm drains or storm drains proposed to be constructed are of adequate size, and will discharge surface water runoff directly to Long Island Sound, Milton Harbor or Port Chester Harbor.
[Amended 5-21-1986 by L.L. No. 7-1986]
C.
Monuments and lot corner markers. Permanent monuments
of a size and type approved by the City Engineer shall be set at such
block corners, angle points, points of curves in streets and other
points as the City Engineer may require, and their location shall
be shown on the subdivision plat. All lot corners shall be marked
by iron rods or pipes driven below the frost line.
D.
Tree preservation.
[Added 4-7-1976; amended 11-7-1990 by L.L. No. 18-1990; 11-6-1996 by L.L. No. 9-1996]
(1)
The subdivider is required to permanently tag or affix
identification on each tree on the site having a caliper of eight
inches or more prior to the submission of an application for preliminary
subdivision approval.
(2)
The subdivider shall lay out the subdivision in such
a manner as to minimize the number of trees eight inches or more in
caliper to be removed to accommodate development.
(3)
The subdivider is required to preserve all trees eight
inches or more in caliper unless the Planning Commission has specifically
authorized their removal.
(4)
On sites devoid of trees eight inches or more in caliper
or sparsely populated with such trees, the Commission shall require
the installation of supplemental trees having a minimum caliper of
six inches, such that there will be an overall density of one tree
per 3,000 square feet of land, or fraction thereof. Supplemental trees
shall also be tagged for future identification.
(5)
The subdivider may be required to preserve trees having
a caliper of less than eight inches if the Planning Commission finds
that such trees have significant aesthetic value due to species or
location or that their removal would excessively alter drainage or
affect the stability of slopes.
(6)
The subdivider shall install protective barriers around
each tree not specifically authorized for removal prior to the start
of any construction or may, with the approval of the Commission, erect
protective barriers around sections in which several trees are located.
The barriers shall remain in place and be kept in good repair until
all construction has been completed and removal of the barriers has
been authorized by the City Engineer.
(7)
Trees which have been designated for preservation,
including supplemental trees, shall be deemed to be required site
improvements, and their preservation and replacement, as necessary,
including the replacement of trees damaged during construction, shall
remain the responsibility of the subdivider for a period of one year
after the completion of the subdivision. That portion of the performance
bond calculated to be the cost of replacing trees to be preserved
or supplemental trees which may be damaged during construction shall
be retained by the city for at least one year after all improvements
in the subdivision have been completed. Prior to release of the bond,
the trees shall be inspected to ensure that they have not been damaged
and that future growth will be characteristic of the species.
(8)
The requirements for tree preservation shall not apply
to lots for existing houses in a new subdivision, provided that such
lots and houses will not be altered to accommodate development of
the subdivision. However, this provision shall not relieve the subdivider
of the responsibility of including in the tree preservation plan for
the subdivision any tree eight inches or more in caliper located within
50 feet of a new lot or required subdivision improvement. When lots
for existing houses have been excluded from the tree preservation
plan, the landscape architect shall set forth on the plan which lots
have been excluded and shall certify that the plan does include all
trees eight inches or more in caliper located within 50 feet of a
new lot or other subdivision improvement and that surrounding development
will not substantially alter the environment of the trees on such
lot.
(9)
In cases where the number of trees required to satisfy
the penalty can not be accommodated on the site of the violation,
the penalty shall include planting of trees on available public spaces
and/or payment of $1,700 to the City Tree Fund.
[Amended 12-16-1998 by L.L. No. 13-1998; 12-15-1999 by L.L. No. 13-1999; 12-20-2000 by L.L. No. 16-2000]
(10)
Modification of tree preservation plan requirements.
If at any time before or during the construction of required improvements
or a residence on a lot it is demonstrated to the satisfaction of
the City Planner that unforeseen conditions or the design of the actual
residence proposed to be constructed make it necessary or preferable
to modify the subdivision tree preservation plan, the City Planner
may authorize such modifications upon written request of the subdivider
with a supporting letter from the landscape architect who prepared
the original tree preservation plan and receipt of a fee payable to
the city. The City Council shall set the fee annually by resolution
before adoption of the budget. This supporting letter shall include
a revised tree preservation plan for the lot or other area affected
by the proposed modification prepared by the subdivider's landscape
architect, provided that such modifications are within the spirit
and intent of the Planning Commission's approval. The City Planner
may, at his discretion, decide not to exercise his authority to modify
a tree preservation plan and may, instead, require the person requesting
the modification to apply to the Planning Commission for a modification
of the subdivision approval. The City Planner shall issue any authorization
under this subsection in writing and shall transmit a copy of such
authorization to the Planning Commission at its next regular meeting,
subject to the following limitations:
[Amended 12-17-1997 by L.L. No. 18-1997; 12-16-1998 by L.L. No. 13-1998]
(a)
The City Planner shall not authorize the removal
of a tree required to be preserved if the proposed improvements can
be relocated so as to avoid the need for the removal of the tree.
(b)
The City Planner shall not authorize the removal
of a tree required to be preserved on the basis of the current condition
of the tree, even if recommended by the subdivider's landscape architect,
without first consulting with the City Tree Foreman.
(c)
In the case of the modification of the location
of required replacement trees or other required landscaping, the City
Planner may not waive the requirement for the installation of the
plant materials, but may modify the location if field conditions,
such as underground rock, prevent the planting of the material in
the location shown on the approved tree preservation plan, provided
that the modified location and the original location accomplish the
same goals originally envisioned by the Planning Commission.
(d)
The City Planner shall not authorize a relocation
of the house and driveway shown on the approved tree preservation
plan, if it will result in the removal of a tree required to be preserved
on the approved tree preservation plan, unless a tree of greater or
equal value originally shown on the approved tree preservation plan
for removal will be preserved as a result of such relocation, and
then only in consultation with the City Tree Foreman as to the value
of the respective trees.
E.
Erosion and sediment control.
[Added 5-21-1986 by L.L. No. 7-1986]
(1)
The surface water control plan shall be referred to
the Westchester County Soil and Water Conservation District for their
review and comments for all new construction, exclusive of building
additions and accessory buildings, surfaces and structures for existing
buildings.
(2)
Development shall preserve salient natural features,
keep cut and fill operations to a minimum and ensure conformity with
topography so as to create the least erosion potential, based upon
the Best Management Practices Manual.
(3)
Disturbed soils shall be stabilized as soon as practicable
and in any event within the time period specified on the approved
soil conservation plan.
(4)
Temporary vegetation and/or mulching shall be used
to protect exposed areas during construction.
(5)
The permanent (final) vegetation and mechanical erosion
control measures shall both be installed within the time period specified
on the approved soil conservation plan.
(6)
Until a disturbed area is stabilized, sediment in
the runoff water shall be trapped by the use of debris basins, sediment
basins, silt traps or similar measures, as more specifically may be
determined in any particular instance by the City Engineer.
(7)
Provision shall be made to prevent surface water runoff
from damaging the cut face of excavations or the sloping surfaces
of fill.
(8)
All fill shall be compacted to provide stability of
materials and to prevent undesirable settlement.
(9)
Fill shall not encroach on natural watercourses or
constructed channels.
(10)
Fill placed adjacent to or having an impact
upon natural watercourses, constructed channels or floodplains shall
have suitable protection against erosion during periods of flooding,
as determined necessary by the City Engineer.
(11)
During grading operations, appropriate measures
for dust control shall be exercised.
(12)
Grading equipment shall not be allowed to enter
into or cross any watercourse, except when specifically set forth
on the approved erosion and sediment control plan.
F.
Preservation of vegetation.
[Added 5-21-1986 by L.L. No. 7-1986]
(1)
The applicant shall be guided by the requirements
of the Best Management Practices Manuals and shall follow such specific
requirements as the City Engineer shall determine.
(2)
The applicant shall restore vegetative cover in disturbed
areas as directed by the City Engineer.
(3)
Stripping of vegetation, regrading or other development
shall be done in such a way as to minimize erosion.
(4)
Whenever feasible, natural vegetation, and in particular
trees, shall be retained, protected and supplemented.
(5)
The permanent (final) vegetation and mechanical erosion
control measures shall be installed as soon as practicable, but in
no event after the time specified on the approved control plan.
A.
Lot arrangement. The lot arrangement shall be such
that there will be no foreseeable difficulties, for reasons of topography
or other conditions, in securing building permits to build on all
lots in compliance with the Zoning Ordinance,[1] and in providing access to buildings on such 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 installation of a culvert or other structure
of a size and design approved by the City Engineer.
D.
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, the Planning
Commission 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
Zoning Ordinance and these regulations.
E.
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.
F.
Side lot lines. Side lot lines shall be generally
at right angles or radial to street lines unless a variation from
this rule will give a better street or lot plan.
G.
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 Commission may require that such lots be served by a minor
stain order to limit possible traffic hazard on such street.
H.
Water bodies. If a tract being subdivided contains
a private water body or portion thereof, lot lines shall be so drawn
as to distribute the entire ownership of the water body among the
fees of adjacent lots. The Planning Commission 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 city responsibility.
I.
Setback building lines and house locations. Lots and
streets shall be so laid out as to make possible an attractive arrangement
of buildings. In cases where the Planning Commission considers it
necessary in order to avoid unattractive monotony, the Commission
may require the showing on the plat of specific setback building lines,
which may vary from lot to lot and may provide a setback from the
street greater than is required under the Zoning Ordinance. The Commission
may also designate approximate house locations for each lot. Such
setback line or house location shall constitute a deed restriction
upon the placement of the buildings upon each lot affected. In order
to provide a suitable lot for any existing house to be retained in
a subdivision, each proposed lot line shall be located away from the
building a distance equal to the normal minimum yard dimension or
a distance equal to half the sum of the length and height of the building
facade parallel or substantially parallel with that proposed lot line,
whichever is greater.
[Amended 11-15-1967]
A.
Parks and playgrounds.
[Amended 2-19-1964; 6-15-1965]
(1)
Land shall be reserved for park and playground purposes
in locations designated on the City Development Plan or Official Map
or otherwise where the Planning Commission shall deem such reservation
to be appropriate. Each reservation shall be of suitable size, dimension,
topography and general character for park and playground purposes
and shall have adequate street access for the purpose. The area shall
be shown and marked on the plat as "reserved for park or playground
purposes." The Planning Commission shall determine the amount of land
to be reserved but in no case more than 10% of the land in the subdivision,
excluding land in any lot with an existing house. Where the Planning
Commission deems, with respect to a particular subdivision, that a
reservation of land would be inadequate in size for park or playground
use, either alone or in conjunction with abutting reservations on
adjoining subdivisions, or otherwise inappropriate for such use, the
Planning Commission may waive the requirement for such reservation,
subject to the condition that the subdivider deposit with the City
Comptroller a cash payment in lieu of land reservation. In such event,
the Commission may accept either a payment to the city of an amount
calculated based on the fee schedule, excluding land in any lot with
an existing house and land within any proposed street right-of-way,
or any equivalent combination of land in the subdivision and money.
[Amended 2-7-1990 by L.L. No. 3-1990; 12-16-1998 by L.L. No. 13-1998]
(a)
The City Council shall set the cash payment
annually by resolution before adoption of the budget.
(b)
In the event that a lot in a subdivision for
which cash payment was made in lieu of parkland reservation is subsequently
further subdivided, the amount of the cash payment for the new subdivision
shall be limited to the difference between that portion of the prior
cash payment attributable to that lot and the cash payment for the
new subdivision calculated using the current fee schedule. All such
cash payments in lieu of parkland reservation shall be placed in a
special park fund. Money from such fund heretofore or hereafter deposited
therein shall be used only for the purchase and development of sites
for parks and playgrounds beneficial to residents of the subdivisions
from which the cash payments were collected. No disbursement from
such fund shall be made by the Council of the City of Rye unless it
finds that the proposed use of the funds satisfies the aforesaid condition.
(2)
The provisions of this subsection shall not apply
to land zoned for and proposed to be subdivided for business purposes.
(3)
Courts and pools.
[Added 2-17-1988 by L.L. No. 3-1988]
(a)
Outdoor tennis courts, paddle courts, racquet
courts and other similar courts, swimming pools and other active recreational
facilities, to be located in areas reserved for park and playground
purpose, shall be subject to the following restrictions:
[1]
They shall be set back from all property lines
of abutting properties not included in the subdivision a distance
at least equal to the number of proposed residences times 20 feet
in R-1 Districts and 15 feet in all other districts, but not to exceed
300 feet and not less than 20 feet from any proposed lot in the subdivision.
[2]
They shall be screened, including accessory
equipment, from the view of the street and abutting residentially
zoned properties. Such screening shall, at a minimum, consist of a
ten-foot-wide landscape strip planted and maintained with at least
a double row of alternately spaced evergreens, with an actual height
of at least six feet above the natural grade when installed.
[3]
Fence heights shall not be in excess of six
feet above the average natural grade, except that fences not exceeding
a height of 10 feet above the average natural grade, which are open
mesh and are set back and screened, as required for tennis and other
similar courts, are permitted and may be equipped with the customary
attached windbreaks.
[4]
Tennis and other similar courts shall have no
lighting.
[5]
Swimming pools shall have no floodlighting,
directly or indirectly, and all other lighting shall be arranged and
shaded so as to reflect light away from adjoining premises or a public
street.
[6]
Swimming pools shall be completely surrounded
by fences, freestanding walls and/or the walls of a building containing
no doors, at least four feet high above grade at all points, and each
gate or door opening through the fence or freestanding wall shall
be equipped with a self-closing and self-latching device for keeping
the gate or door securely closed at all times and shall be locked
when the pool is not in actual use.
[7]
Swimming pools shall be located at least 25
feet away from any septic tank and its fields.
(b)
The Planning Commission may modify these requirements
where, in its judgment, it deems such modifications desirable and
appropriate because of characteristics of the specific site, such
as topography, size, shape and location and proximity to facilities
such as streets, schools, public buildings and facilities, other recreational
facilities and similar active use areas.
B.
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 appropriate width for such utilities shall
be provided across property outside the street lines and with satisfactory
access to the street.
C.
Easements for pedestrian access. The Planning Commission
may require, in order to facilitate pedestrian access from streets
to schools, parks, playgrounds or other nearby streets, perpetual
unobstructed easements at least 20 feet in width. Easements shall
be indicated on the plat.
D.
Responsibility for ownership of land reservations. Title, if vested or to be vested in interests other than the sub-divider, shall be clearly indicated on all reservations for park and playground purposes, in accordance with § 170-8D(2).
E.
Reserve strips prohibited. Reserve strips of land,
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself, shall be prohibited. The entire area of the subdivision shall
be distributed among lots, streets and parks and playgrounds as shown
on the plat.
A.
Preservation of existing features. Existing features which would add value to residential development, such as trees, watercourses and falls, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision. In connection with the preservation of landmarked properties, the Commission shall use the authority granted it by § 117-9 of this Code.
[Amended 11-11-1989 by L.L. No. 14-1989]
B.
Self-imposed restrictions. The owner may place restrictions
on any of the land contained in the subdivision greater than those
required by the Zoning Ordinance. Such restrictions shall be indicated
on the subdivision plat.
C.
Subdivisions including land zoned for business. If
a proposed subdivision includes land that is zoned for business purposes
and if 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 Commission
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 service access to such
land.
D.
The Planning Commission, as a condition of approval,
may require the filing of restrictive covenants, easements, deed restrictions,
declarations, agreements, deeds and other legal instruments it deems
necessary to ensure compliance with chapter, other chapters of this
Code and the State Environmental Quality Review Act[1] in the Land Records Division of the Westchester County
Clerk's office.
[Added 4-3-1991 by L.L. No. 4-1991]
E.
Conditions of approval authorized by this chapter
shall be enforced in the same manner as provided for building permits,
surface water, erosion and sedimentation control permits and zoning
in this Code, and no building permit, certificate of occupancy or
other permit shall be issued for development or use of such property
except in conformity with the approved subdivision plans and the conditions
of the approval.
[Added 4-3-1991 by L.L. No. 4-1991]
Where the Planning Commission finds that extraordinary
hardships may result from strict compliance with these regulations,
it may adjust the regulations so that substantial justice maybe done
and the public interest secured; provided that any such adjustment
will not have the effect of nullifying the intent and purpose of these
regulations, the City Development Plan or the Official Map of the
city. In granting any adjustment, the Planning Commission shall attach
such conditions as are, in its judgment, necessary to secure substantially
the objectives of the standards or requirements so adjusted.