These regulations are adopted in order to promote
and protect public health, safety, convenience and general welfare;
to ensure the orderly growth and development of the city, the conservation,
protection and proper use of land, and adequate provision for housing,
recreation, circulation, utilities and services; and to safeguard
the City from undue future expenditure for the maintenance of streets
and public spaces.
These regulations shall be known and may be
cited as the "City of New Rochelle, New York, Land Development Regulations."
For the purpose of these regulations, certain
words used herein are defined as follows:
The Planning Board of the City of New Rochelle, New York.
Final drawing on which the subdivision plan is presented
to the Board for approval, and submitted to the County Clerk for recording.
Paved portion of the street primarily used for vehicular
traffic.
All land between property lines, whether designated as a
street, highway, throughway, thoroughfare, avenue, boulevard, road,
parkway, right-of-way, lane, place, court or any similar term.
ARTERIAL STREET AND HIGHWAYStreet primarily used for fast and/or heavy traffic.
COLLECTOR STREETStreet carrying traffic from minor streets to arterial streets and highways, including the principal traffic and entrance streets of a residential development.
MINOR STREETStreet primarily used for access to the abutting properties.
MARGINAL ACCESS STREETMinor street paralleling and adjacent to an arterial street or highway, and providing access to abutting properties and protection from through traffic.
DEAD-END STREET or CUL-DE-SACStreet closed at one end, and having only one connection with any other street.
HALF STREETStreet paralleling the boundary of a subdivision and lying partly in an abutting tract.
Any person, firm, corporation, partnership or association,
or duly authorized agent, who shall apply to the Board for approval
of the layout of any subdivision.
Division of any tract of land into two or more lots, plats,
sites or parcels, for immediate or future sale or for building development
with or without the creation of new streets, or highways, for the
purpose of sale, transfer of ownership, or development. The term "subdivision"
includes any alteration of lot lines or dimensions of any lots or
sites shown on a plat previously approved, mapped on tax maps and
filed in the office of the County Clerk.
[Amended 12-10-1996 by Ord. No. 260-1996]
Any alteration of a lot line of dimensions of any existing
lot and subdivision of a parcel into no more than two lots on an improved
street.
[Added 12-10-1996 by Ord. No. 260-1996]
Oversize residential block wherein private open spaces, closed
to automobile traffic, are provided for the common use of all residents
in the block.
A.
Applicants for site plan or subdivision approval shall notify, in writing, property owners within 250 feet of any such proposal. In addition, applicants for zoning changes whose proposed legislation is submitted by Council to the Planning Board shall notify property owners within 250 feet of the area to be rezoned of the proposed change, in addition to the notice requirements set forth in § 331-9 of the City Code. All notifications shall be by certified mail, return receipt requested.
B.
In addition, the applicant shall post a sign on the
property which is the subject of the application on or before 15 days
prior to the date of first public meeting and shall remove such sign
within two days following such meeting. The sign shall be obtained
from the Building Bureau and shall be at least 30 inches by 20 inches,
consist of sturdy and serviceable material containing a white background
with black letters and shall be placed in a location plainly visible
from the most commonly traveled street upon which the property fronts,
but in no case more than 20 feet back from the front lot line.
(1)
Such sign shall be not more than three feet above
the ground and shall read as follows, in legible lettering at least
two inches high:
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THIS SITE IS PROPOSED TO BE DEVELOPED AS FOLLOWS:
(DESCRIBE PROPOSED DEVELOPMENT). THIS MATTER IS SUBJECT TO PUBLIC
MEETING AT CITY HALL ON (GIVE DATE) AT 7:30 P.M.
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[1]
Editor's Note: This ordinance provided that
it shall take effect 8-16-2000.
Upon the findings of the Board that, due to
special conditions peculiar to a subdivision or a site, certain requirements
of these regulations are inappropriate, or that strict compliance
with said requirements may cause extraordinary and unnecessary hardship,
the Board may vary or waive said requirements, provided that such
variance or waiver will not be detrimental to the public health, safety
or general welfare, or have the effect of nullifying the intent and
purpose of the Official Map, the Zoning Ordinance, the Master Plan
or these regulations. In varying or waiving certain requirements,
the Board may specify such conditions as will, in its judgment, secure
substantially the objects of the requirement so varied or waived.
Should any section or provision of the regulations
contained herein, or as amended hereafter, be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect
the validity of the regulations as a whole or any part thereof other
than the part so declared to be invalid.
