City of Rye, NY General Requirements for Subdivision of Land

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

Easements shall be 10 feet wide or more where specified.

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.

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.

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)

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.

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.

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.

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."

Street names.

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

Numbers as street names are not acceptable. House numbers will be assigned by the City Engineer.

§ 170-15 Improvements.

[Amended 6-15-1965]

Street improvements.

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.

Underground utility wires.

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:

The size and nature of the subdivision.

Unusual topographic or other natural conditions.

[3]

Type of service existing in the area adjacent to the subdivision at the time of application for waiver.

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.

Surface water control improvements.

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.

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.

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.

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]

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.

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:

One-hundred-year storm: one-hundred-, fifty-, twenty-five, ten-, five- and two-year storms.

Twenty-five-year storm: twenty-five-, ten- , five- and two-year storms.

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]

(7)

(Reserved)[1]

Editor's Note: Former Subsection B(7), regarding waiver of report for minor subdivisions, as amended, was repealed 5-21-1986 by L.L. No. 7-1986.

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.

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]

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.

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.

The subdivider is required to preserve all trees eight inches or more in caliper unless the Planning Commission has specifically authorized their removal.

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.

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]

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.

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.

Erosion and sediment control.

[Added 5-21-1986 by L.L. No. 7-1986]

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.

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.

Disturbed soils shall be stabilized as soon as practicable and in any event within the time period specified on the approved soil conservation plan.

Temporary vegetation and/or mulching shall be used to protect exposed areas during construction.

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.

Preservation of vegetation.

[Added 5-21-1986 by L.L. No. 7-1986]

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.

The applicant shall restore vegetative cover in disturbed areas as directed by the City Engineer.

Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion.

Whenever feasible, natural vegetation, and in particular trees, shall be retained, protected and supplemented.

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.

§ 170-16 Lots.

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.

Editor's Note: See Ch. 197, Zoning.

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.

Grading for driveways. Grading for driveways shall be in accordance with Section 9-4.86 (b) of the Zoning Ordinance.[2]

Editor's Note: See Ch. 197, Zoning, § 197-30B.

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.

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.

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.

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.

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.

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]

§ 170-17 Reservations and easements.

Parks and playgrounds.

[Amended 2-19-1964; 6-15-1965]

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]

The City Council shall set the cash payment annually by resolution before adoption of the budget.

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.

The provisions of this subsection shall not apply to land zoned for and proposed to be subdivided for business purposes.

Courts and pools.

[Added 2-17-1988 by L.L. No. 3-1988]

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:

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.

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.

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.

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.

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.

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).

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.

§ 170-18 Miscellaneous.

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]

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.

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.

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]