The following, deemed to be minimum requirements, shall be varied or waived by the Board only under circumstances set forth in § A361-5.
A.
The layout, character, extent, width, grade and location
of proposed streets shall be established with due regard to:
(1)
Public convenience and safety.
(2)
Proposed uses of the land to be served by said streets.
(3)
Proper relation to and connection with, continuation
and projection of streets in the adjacent areas; whether these streets
are existing, or proposed in another subdivision, in a neighborhood
plan, in the Master Plan or in the Official Map, as approved or adopted
by the Board.
(4)
Topography and other land features.
B.
The layout of proposed streets shall furthermore be
arranged in a manner acceptable to the Board.
C.
Minor streets shall be laid out so as to discourage
their use by through traffic.
D.
Where a subdivision abuts or contains as existing
or proposed arterial street, limited access highway or railroad, the
Board may require marginal access or service streets, reverse frontage
with screen planting contained in a nonaccess reservation along the
rear property line, deep lots with rear service alleys, parks or such
other treatment as may be necessary for protection of residential
properties and for separation of through and local traffic with due
regard for the requirements of future approach grades and grade separations.
E.
Where a tract of land is subdivided into lots substantially
larger than the minimum size required in the zoning district in which
a subdivision is located, the Board may require that streets and lots
be laid out so as to permit future resubdivision in accordance with
the requirements of these regulations.
F.
Reserve strips controlling access to streets shall
be prohibited.
G.
Certain proposed streets may be required to extend to the boundary line of the subdivision to provide access to tracts which may be subdivided in the future. Wherever necessary, when a street is carried to the boundary line of the subdivision, the Board may require at the stub end a temporary turnaround improved to the satisfaction of the City Engineer and of the size specified in Subsection Q below.
H.
The creation of dead-end or loop streets and superblocks
will be encouraged wherever the Board finds that such layout will
not interfere with traffic convenience and safety. The Board shall
determine the number of streets in the proposed subdivision connecting
with existing streets. At least two connections shall be provided,
except where a proposed subdivision only contains one dead-end street.
I.
Street jogs shall be prohibited. Street intersections
shall have center-line offsets of at least 125 feet on center.
J.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets, and may
be required on all other streets.
K.
Street right-of-way lines deflecting from each other
at any point shall be connected with a curve, the radius of which
for the inner right-of-way lines shall be not less than 750 feet on
arterial streets, 300 feet on collector streets and 100 feet on minor
streets. The outer right-of-way line on each case shall be parallel
to said inner right-of-way.
L.
Streets shall be laid out so as to intersect at right
angles as nearly as possible. The inner right-of-way line of a street
intersecting another street at an angle of less than 90º shall
be tangent to and follow a curve with a minimum radius of 150 feet
centered on the nearest right-of-way line of the intersecting street.
The outer right-of-way line shall be parallel to said inner right-of-way
line.
M.
Street right-of-way lines at intersections shall be
connected with a curve, the radius of which shall be not less than
25 feet.
N.
Street right-of-way widths shall be as shown on the
Official Map or Master Plan and if not shown thereon, said widths
for the various street types shall be not less than as follows:
|
Street Type
|
Right-of-way
(feet)
|
Roadway
(feet)
| |
|---|---|---|---|
|
Arterial
|
80
|
54
| |
|
Collector
|
60
|
40
| |
|
Minor, for rowhouses and apartments
|
60
|
40
| |
|
Minor, for other residences
|
50
|
30
| |
|
Dead end
|
50
|
30
| |
|
Marginal access
|
50
|
30
|
O.
The widths of streets adjacent to areas designed,
proposed or zoned for nonresidential use may be increased as deemed
necessary by the Board to assure the free flow of through traffic
without interference from parked or parking cars, and to provide adequate
and safe parking space.
P.
Half streets shall be prohibited except where essential
to the reasonable development of a subdivision in conformity with
the requirements of these regulations, and where the Board finds it
practicable to require the dedication of the other half when the abutting
property is subdivided. Wherever an approved half street is adjacent
to a subdivision, the other half of the street shall be platted within
said subdivision.
Q.
Dead-end streets, designed to be so permanently, shall
have a maximum length, to be determined by the Commissioner of Development
and approved by the Planning Board, and shall be provided at the closed
end with a turnaround, the dimensions of which shall be determined
by the Commissioner of Development and approved by the Planning Board.[1]
R.
Street names shall be selected so as not to duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Board.
S.
Street grades, wherever feasible, shall not exceed
5%. Grades of minor streets shall not exceed 10%. Grades shall not
exceed 4% for a distance, of 100 feet from any intersection. Wherever
the grade of pedestrian walkways exceeds 20%, steps of a design acceptable
to the City Engineer shall be required.
T.
Street grades shall be not less than 1%.
U.
Changes in street grades shall be connected by vertical
curves of a preferred minimum length equal to 40 times the algebraic
difference in the rate of grade.
A.
Sidewalks shall not be required unless specified by
the Board.
B.
C.
All required sidewalks shall be constructed in accordance
with specifications issued by the City Engineer.
Where a subdivision is traversed by a watercourse,
drainageway, channel, pipe or stream, there shall be provided a stormwater
easement or drainage right-of-way, of such width as will be adequate
for the purpose, in accordance with requirements specified by the
City Engineer. Parallel streets or parkways may be required in relation
thereto.
A.
Lot width, depth, shape and orientation and the building
setback lines shall be appropriate for the location of the subdivision
for the type of development and for the use contemplated.
C.
Width and depth of properties reserved or laid out
for commercial and industrial purposes shall be adequate to comply
with the off-street parking and loading requirements contained in
the Zoning Ordinance.
D.
Corner lots shall have sufficient width to provide
an adequate boarding site within all the yard requirements.
E.
All lots in a subdivision shall have frontage with
adequate access to a public street.
F.
Double frontage lots shall be avoided. Reverse frontage
lots shall be provided where necessary for protection of residential
properties from through traffic and adverse nonresidential uses, for
separation of through and local traffic and to overcome difficulties
of topography or other specific conditions. Screen planting and a
fence or wall shall be provided along the rear property line within
a reserved strip 10 feet or more in width, across which there shall
be no right of access.
G.
Side lot lines shall be substantially at right angles
or radial to street lines.
H.
On land subject to flooding no lots shall be platted
for residential or any other use where danger to life or property
or an aggravation of the flood hazard may result. Such land should
be set aside for such uses as shall not be endangered by periodic
or occasional inundation.
[1]
Editor's Note: Former § A361-20,
Public sites and open spaces, was repealed 12-10-1996 by Ord. No.
260-1996.
A.
No final slope on the property shall exceed the normal
angle of repose of the soil of said slope as determined by the City
Engineer, except where said slope consists of a natural rock formation,
or is supported by a retaining wall or equivalent, of a design acceptable
to the City Engineer.
B.
All existing wetlands having a total area of 1/4
acre or more individually or cumulatively on the same parcel shall
be considered as having local environmental significance as authorized
by the State Environmental Quality Review Act (SEQRA). Impacts to
such wetlands shall be avoided or, where avoidance is not practical,
minimized to the fullest practical extent. Applications shall demonstrate
to the satisfaction of the Planning Board that impacts have been avoided
and/or minimized to the fullest practical extent. Sudden drops or
sharp changes in grade shall be minimized or, where unavoidable, protected
by means of fences or such other protection as may be specified by
the Planning Board, after consultation with other City officials having
jurisdiction, in each particular case.
[Amended 12-10-1996 by Ord. No. 260-1996; 6-16-1998 by Ord. No. 171-1998]
C.
A subdivision which includes five or more lots shall
incorporate plans for the construction of a retention basin capable
of retaining and treating the first 1/2 inch of runoff or runoff
resulting from a one-year, twenty-four-hour storm event, whichever
is greater, from the runoff of the total anticipated impervious areas,
including impervious areas that may exist on future platted lots within
the subdivision. If it can be demonstrated to the satisfaction of
the Planning Board that retention basins or extended detention facilities
are not practical alternatives, other methods recommended in the current
NYSDEC Stormwater Management Guidelines, such as reducing the impacts
of stormwater runoff from new development, may be used as substitutes.
Substitutes may also include the use of dry wells, swales, grit and/or
oil separators and filter strips. The basin and all of the necessary
appurtenances shall be as per the Department of Public Works requirements.
Where the Board determines that an oil/grit separator is an acceptable
alternative, said separator shall be constructed to permit access
for inspection and maintenance and the applicant shall submit maintenance
reports together with a signed and notarized certification on a form
supplied by the Building Official twice per year; once between April
15 and May 30 and once between October 15 and November 30, certifying
that the oil/grit separator was inspected and cleaned out during the
above-described time periods and that said separators are in working
order. The applicant shall be further required to post a long-term
maintenance bond with respect to the performance of the maintenance
required herein. If the maintenance bond expires or is used by the
City in order to conduct the required inspection and cleaning in the
event of default by the applicant, then the City may serve an abatement
notice for further expenses incurred by or on behalf of the City pursuant
to the procedures set forth in § 200 of the City Charter.
In addition, the application shall utilize the Westchester County
Best Management Practices Manual for Erosion and Sediment Control
to prepare a Sediment Control Plan acceptable to the Building Official.
[Added 2-23-1982; amended 12-10-1996 by Ord. No. 260-1996; 6-16-1998 by Ord. No. 171-1998]
A.
The developer shall complete the installation of all
utilities and street improvements specified in § 33 of the
General City Law not specifically waived by the Board, in accordance
with specifications as issued by the Bureau of Engineering, and with
any additional requirements specified by the Board or by the City
Engineer. Construction drawings shall be submitted in a form satisfactory
to the City Engineer.
B.
In the case of any area to be dedicated to public
use, the following shall be performed by the subdivider:
(1)
The entire area shall be cleared and grubbed of stones,
brush and trees with a diameter of less than six inches, unless otherwise
directed by the City Engineer.
(2)
The area to be used as a playground, if any, shall
be graded to a gentle slope, uninterrupted by rock outcroppings, covered
with topsoil and seeded.
(3)
Drains shall be installed, as required.
(4)
Sudden drops or steep change in grade shall be minimized,
or protected by fences, retaining walls or other means, as directed
by the City Engineer in consultation with other City officials having
jurisdiction.
[Amended 12-10-1996 by Ord. No. 260-1996]
C.
When the Board or the City Engineer, due to planning
considerations extraneous to the subdivision, requires a standard
of improvements higher than that which is sufficient to serve the
subdivision, the amount of the bond to be posted shall be deemed to
be satisfactory if it adequately covers the cost of improvements which
would be normally required.[1]
[1]
Editor's Note: Former Article V, Site Plans,
as amended, which immediately followed this section, was repealed
11-20-2001 by Ord. No. 248-2001.
[Added 9-24-2002 by L.L. No. 3-2002]
In the event a homeowners' association for a
subdivision does not maintain, repair, and/or replace its sanitary
sewer system located on homeowners' association property, including
but not limited to sanitary sewer lines and pumps located in such
system, in accordance with the approved subdivision plat and/or the
requirements of the Westchester County Sanitary Code, and the public
health and safety is at immediate risk by such failure to maintain,
repair, and/or replace, the City and/or its contractors may enter
on such homeowners' association property and abate such condition
by providing such maintenance, repair, and/or replacement as is immediately
necessary to protect the public health and safety, and shall bill
the entire cost of such abatement, including a ten-percent administrative
fee, to the homeowners' association, all in accordance with the notice,
hearing, abatement, billing, and tax lien procedures set forth in
Section 200 of the City Charter, except that the tax lien, if any,
shall be placed on and spread equally among all of the tax lots which
belong to the homeowners' association.
