[Added 3-17-1987 by L.L. 5-1987]
A.
The purpose of this article is to encourage flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and
scenic qualities of open land.
B.
The standards and procedures hereinafter set forth
are adopted pursuant to Town Law § 278. These standards
and procedures are hereby declared to be the sole manner in which
the Town Board or Planning Board may authorize development in a manner
other than as required by the strict application of this article.
C.
This article shall be applicable only to the R1-200
and R1-160 Districts.
[Amended 9-16-1987 by L.L. No. 25-1987]
D.
The dwelling units constructed pursuant to the standards
and procedures set forth herein must be detached single-family dwellings.
E.
The provisions of this article shall not be deemed
to authorize a change in the of permissible use of lands as provided
for in this article.
F.
The application of this article shall result in a
permitted number of building plots or dwelling units which shall in
no case exceed the number which could be permitted if the land were
subdivided into lots conforming to the minimum lot size and density
requirements of the applicable district and conforming to all other
applicable requirements. This calculation of density shall be determined
by use of the standards and formula set forth below.
[Amended 9-16-1987 by L.L. No. 25-1987]
A.
The Town Board of the Town of Yorktown hereby finds
that a substantial proportion of the remaining vacant land in the
Town is environmentally sensitive and topographically difficult. The
Town Board further finds that it is to the benefit of all, wherever
practicable, to promote the conservation of remaining open space,
preserve environmentally sensitive areas in their natural state and
preserve the existing aesthetic qualities of the Town, while providing
sufficient housing for those who wish to live in the Town.
B.
The goal to be achieved by the use of the procedures
and standards set forth in this article is the creative use of land
so as to establish a more desirable living environment than would
otherwise be possible through the conventional application of this
article.
C.
Objectives to be attained by the use of this article
include:
(1)
The preservation, enhancement and/or creation of water
bodies, wetlands, open space, major stands of trees, outstanding natural
topography, significant geological features and other areas of scenic
and ecological value and the prevention of soil erosion and minimization
of potential pollution and flood hazards.
(2)
An efficient use of the land so as to facilitate the
adequate and economical provision and maintenance of streets and drainage
facilities and to facilitate, where possible, the establishment of
central wastewater treatment and water supply systems as an integral
part of residential development, consistent with the promotion of
the public health, safety and welfare.
(3)
Diversity and originality in lot layout and individual
building design shall be encouraged to achieve the beset possible
relationship between development and the existing topography.
A.
Authorization is hereby granted to the Planning Board
of Town of Yorktown, as herein set forth, to simultaneously with the
approval of a plat or plats, pursuant with this article, modify applicable
provisions of this article subject to the conditions set forth in
this article.
B.
An applicant desiring to use the standards set forth in this article shall file with the Planning Board the application and plans required for subdivision review and approval as set forth in the Chapter 195, Land Development. Such application and plans shall have clearly marked upon their face that said plan is for development in accordance with these standards. The applicant shall also submit a written, detailed statement setting forth the nature of modifications, changes or supplementations of existing zoning provisions and the reasons for the same. Said statement shall include the manner in which such modifications, changes or supplementations of existing zoning provisions will benefit the Town and will further the public health, safety or welfare. The applicant may be required, at various stages of the planning process, to further justify his request to use the standards and procedures set forth herein.
C.
In addition, the applicant shall file any other data,
plans and maps required by the Planning Board.
D.
The Planning Board shall review the above documents
to determine compliance with the criteria set forth in this article
and shall make a determination of the number of lots which may be
permitted. If, in the Planning Board's judgment, the proposed development
is appropriate for processing pursuant to this article, said Board
shall transmit such application and other relevant documents to the
Town Board with a request for authority to act in accordance with
the standards set forth herein.
E.
After receipt of such request from the Planning Board, the Town Board shall schedule an informational hearing relative to the proposed use of the standards set forth herein. The applicant shall comply with Chapter 205 of the Code of the Town of Yorktown relating to notice to interested parties. The applicant shall provide the Town Board with such data, maps and plans as are required by the Town Board.
F.
The Town Board shall review the recommendation of
the Planning Board and determine whether or not to authorize the Planning
Board to process the proposed development pursuant to this article.
Said authorization, if granted, shall specify the lands to which this
procedure shall be applicable and may contain such other reasonable
conditions, as the Town Board, in its discretion, may add thereto.
G.
In the event that such authorization is granted, the Planning Board shall process the application pursuant to Chapter 195, Land Development, including review at public hearings held pursuant to Town Law §§ 276 and 277.
H.
The Town Board's authorization for use of the standards
set forth in this article shall expire and become void if any of the
following events do not occur within the time limits as set forth:
(1)
The adoption of a resolution, by the Planning Board,
preliminarily approving a plat within nine months of the aforesaid
Town Board authorization. This preliminary approval may be subject
to conditions.
(2)
The adoption of a resolution of final approval, by
the Planning Board within 24 months of the aforesaid Town Board authorization.
This final approval may be subject to conditions.
(3)
The signing of the plat by the Planning Board within
36 months of aforesaid Town Board authorization.
(4)
Commencement of construction within 18 months from
the filing of the plat in the Westchester County Clerk's office. A
note to this effect shall be placed on the plat. If construction is
not so commenced, the plat shall be void.
I.
The Town Board may, upon request of the Planning Board,
extend any of the above time periods.
A.
Formula.
[Amended 9-16-1987 by L.L. No. 25-1987]
(1)
The permitted density in the R1-200 District shall
be determined on the basis of the following formula:
|
N = 0.85 An where
An = Ag - Rec.
200,000
|
(2)
The permitted density in the R1-160 District shall
be determined on the basis of the following formula:
|
N = 0.80 An where
An = Ag - Rec.
160,000
|
(3)
Definitions:
|
N
|
=
|
Number of lots permitted
| |
|
Ag
|
=
|
Gross area of property
| |
|
An
|
=
|
Net buildable area
| |
|
Rec.
|
=
|
.10 x Ag
|
B.
Explanation.
A.
A "lot" is defined as an area of land upon which it
is proposed to build a detached single-family dwelling.
B.
The minimum lot size, shall be 100,000 square feet.
C.
The minimum setbacks for each dwelling shall be the same as those provided for the R1-200 District in § 300-21.
D.
Unless public sewers are available, each lot must
be served by its own on-site sewage disposal system.
A.
The application of this procedure shall result in
a plat showing at least 40% of the site as open space. The Planning
Board, as a condition of plat approval, shall establish such conditions
on the ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands as open space.
B.
Any of such open spaces shall be shown on the plat
with a notation on the face thereof that such open spaces shall not
be further subdivided or used for future building lots.
C.
If any of all of the open space is not dedicated to
and accepted by the Town, the formation and incorporation of a neighborhood
association, homeowners' association or other entity approved by the
Planning Board shall be required. At the discretion of the Planning
Board, documents indicating said formation shall be presented, either
prior to the signing of the plat, prior to the granting of building
permits or prior to the issuance of the first certificate of occupancy
for a dwelling within the plat. If required by law, the approval of
the Attorney General shall be obtained prior to the formation of the
association.
D.
Covenants for mandatory membership in the association
shall be approved by the Planning Board, filed in the Westchester
County Clerk's office and included, in whole or by reference, in the
deed to each lot.
E.
The association formed shall, in addition to any other
rights or responsibilities, be responsible for maintaining the common
open space(s) and operation and maintenance of any facilities within
such open space(s).
F.
The association shall be empowered to levy and shall
levy, when necessary, annual charges against all owners of lots to
defray all expenses in connection with the maintenance, ownership
and operation of open spaces and facilities placed thereon. The documents
forming such association and the covenant filed in the Westchester
County Clerk's office shall state that such charges, if unpaid, shall
become a lien against the property which is in default.
G.
The documents forming such association and the covenant
filed in the Westchester County Clerk's office shall additionally
state that the Town of Yorktown shall have the right, but not the
obligation, by legal action or otherwise, to enforce the property
owner's obligation to pay any charges to the association.
H.
Control of spaces.
(1)
The developer or subdivider shall maintain control
of such open space(s) and be responsible for its maintenance until
development sufficient to support the association has taken place.
Such determination shall be made by the Planning Board upon request
of the neighborhood association or developer or subdivider, or the
Planning Board may set forth conditions concerning the transfer of
the open space to the association, in its approving resolution and/or
by requiring an appropriate note to be placed upon the plat.
(2)
Prior to the signing of the plat, the subdivider or
developer shall execute an agreement with the Town of Yorktown, to
which the homeowners' association shall be subject, providing that
in the event that the homeowners' association or any successor organization
shall, at any time after approval of the development, fail to maintain
the common land or any improvements thereon in reasonable order or
condition in accordance with the approved plan, the Town of Yorktown
may serve written notice upon such legal entity or successor organization
or upon the property owners within the development, setting forth
the manner in which the association has failed to maintain the common
land or any improvements thereon, and said notice shall include a
demand that such deficiencies be corrected within a designated time
frame. If the deficiencies are not corrected within the designated
time frame, the Town of Yorktown, in order to preserve the taxable
values of the property within the development and to prevent the common
land and improvements thereon from becoming a public nuisance, may,
but shall not be obligated to, enter upon and take possession of said
common land and improvements and maintain the same until such time
as the Town Board shall determine that the homeowners' association
is ready and able to maintain the common land and improvements in
proper condition. Said entry and maintenance shall not vest in the
public any rights to use the common land or improvements, except when
the same are voluntarily dedicated to the public by the homeowners'
association and the offer of dedication is accepted by the Town Board.
The decision of the Town of Yorktown with respect to the action described
in this subsection shall constitute a final administrative decision
subject to review in accordance with the provisions of Article 78
of the Civil Practice Law and Rules. The cost to the Town of Yorktown
of any such maintenance shall be assessed against the properties within
the subdivision, and, in the event of the failure or refusal of any
such property owner to pay any such charges when due, the unpaid amount
thereof shall become a lien against that person's property and, together
with interest from the due date thereof, shall be included in the
annual tax levy of the Town of Yorktown upon such property for each
such fiscal year, and the amount so levied shall be collected in the
same manner as other Town taxes.
A.
It is the intent of the Town Board to promulgate special
standards in order to achieve more openness of development and to
reduce the amount of Town roads in the rugged areas of the Town. The
Planning Board is hereby authorized to approve subdivision plats containing
lots with fewer than 100 feet of frontage on an existing or proposed
Town road, subject to the standards and procedures set forth below.
B.
An applicant desiring to use this section shall comply with the procedure set forth in § 300-218 of this article.
C.
The preliminary density (lot count) of the parcel shall be determined by use of the density calculation formula found in § 300-219 of this article. The preliminary density shall be divided by two to determine the final density (maximum number of lots) for the parcel.
D.
No parcel of land (site) shall be considered for development
pursuant to these special site standards unless the parcel has access
to at least 50 continuous feet of frontage on an existing Town road.
E.
Only single-family, detached dwellings shall be constructed
using these special site standards.
F.
The lots approved using these standards need not have
any frontage on an existing or proposed Town road.
G.
The minimum lot size permitted by use of these special
site standards is 200,000 square feet in the R1-200 District and 160,000
square feet in the R1-160 District.
[Amended 9-16-1987 by L.L. No. 25-1987]
