Village of Briarcliff Manor, NY Design Standards

An applicant desiring to use the standards set forth in § 220-7 of the Zoning Chapter shall file, with the Planning Board, the application and plans required for subdivision review and approval as set forth in this chapter. 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. Such statement shall include the manner in which such modifications, changes or supplementations of existing zoning provisions will benefit the Village and will further the public health, safety or welfare. The applicant may be required, at various stages of the planning process, to further justify the request to use the standards and procedures set forth in § 220-7 of the Zoning Chapter. The applicant shall also provide such additional information or data in support of its application as may reasonably be determined to be necessary by the Planning Board.

Prior to the Planning Board determining whether and to what extent any modifications of the otherwise applicable zoning provisions shall be required of an applicant who has not requested such modifications, said Board shall determine that the modifications would benefit the Village by satisfying one or more of the purposes set forth in § 220-7 of the Zoning Chapter; and that the modifications are necessary to satisfactorily achieve one or more of the following specific objectives:

(a)

The preservation of a unique or significant natural feature of the site, including but not limited to a vegetative feature, wildlife habitat, surface water supply, underground aquifer, endangered species, rock formation, and steep slopes.

(b)

The protection of a unique or significant feature of the man-made environment of the site, including but not limited to a building, structure or artifact of architectural, historical or archaeological value.

(c)

The preservation of any unique or significant aesthetic feature of the site, including but not limited to a community vista, ridgeline or roadside character.

(d)

The creation of useful recreation or open space areas, whether passive or active, to serve the needs of the residents of the subdivision or of the Village.

(e)

The creation of the most efficient layout of new subdivisions, including the shape or location of house sites, driveways or roads.

(f)

The protection of any other unique or significant feature of the site which the Planning Board determines to be important for recreation, education, historic, open space or similar purposes.

Where the Planning Board on its own motion has required a zoning modification not requested by the property owner, the degree of such required modification shall be to the extent necessary to properly accomplish the objective or objectives associated with the criteria set forth above in the judgment of the Planning Board.

In the case of modifications of applicable zoning provisions required on the Planning Board's own motion, said Board shall notify the applicant in writing of the specific modifications which will be required. Such notification shall occur prior to the time of conditional approval of a preliminary subdivision plat. The required modifications shall then become a mandatory condition which must be complied with as a part of the final plat application.

(5)

In addition to compliance with the special requirements and procedures for conservation development, such development shall also be subject to review and public hearing by the Planning Board in accordance with the procedures otherwise applicable to conventional subdivision plats.

(6)

Upon the filing of a conservation development plat in the Office of the Westchester County Clerk, a copy shall also be filed with the Village Clerk, who shall make appropriate notations and references thereof on the official copy of the Village Zoning Map.

§ 190-17 Streets.

General. 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. All streets shall be properly related to the Master Plan and in conformance to the Official Map in location and design.

Standards for street design. Streets shall meet the following design standards. Street classification may be indicated on the Village Master Plan or Official Map. Otherwise it shall be determined by the Planning Board. Standards are not shown for major streets which would be built by the state or county.

	Street and Classification Business
	Local Residential	Secondary	Major
Minimum width feet of right-of-way	50 feet	60 feet	60
Minimum width of feet pavement (excluding curbs or gutters)	24 feet, except 36 feet where located in a multifamily residence district	30 feet, except 36 feet where located in a multifamily residence district	40
Minimum radius of feet horizontal curves of street line	200 feet	400 feet	400
Minimum length of feet vertical curves at surface of pavement	100 feet, but not less than 20 feet for each 1% algebraic difference of grade	200 feet, but not less than 30 feet for each 1% algebraic difference of grade	200
Minimum length of feet tangents between reverse curves	100 feet	200 feet	200
Maximum grade	10%	8%	6%
Minimum grade	1%	1%	1%
Minimum sight feet distance	150 feet	250 feet	250

Relation 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.

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 for convenient movement of traffic, effective fire protection, or efficient provision of utilities and services, and in places where such continuation is shown on the Village Master Plan. If the adjacent property is undeveloped 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 50 feet in 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 abuttors whenever the street is continued.

Dead-end streets. Where a street does not extend to the boundary of the subdivision and its continuation is not required by the Planning Board for access to or from adjoining property, its terminus shall normally not be nearer to such boundary than the average lot depth shown on the subdivision plat. Reserve strips of land shall not be left between the end of a proposed street and an adjacent piece of property. However, the Planning Board may require the reservation of a twenty-foot-wide easement to accommodate pedestrian traffic or utilities. A circular turnaround of a minimum right-of-way radius of 65 feet, with a traveled way having a minimum radius of 55 feet, 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 six times the minimum lot width for the zoning district, exclusive of the turnaround. Where the Board determines that it is impractical or undesirable to subdivide a property except by a dead-end road which is of greater length, the Board may permit this.

Provision for future resubdivision. Where a tract 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 contained in these regulations.

Special treatment along major arterial streets. When a subdivision abuts or contains an existing or proposed major arterial street, the Board may require marginal access streets, reverse frontage lots with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

Intersections.

Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the Village Master 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 2% within 50 feet of an intersection. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the edge of the right-of-way.

The generally triangular areas at each corner of an intersection formed by the intersecting street lines and a diagonal line connecting points on each street line 75 feet from the intersection of such street lines extended shall be reserved as a sight easement area and offered to the Village. [See § 190-21B(4)]. Visibility for traffic safety at the intersection shall be provided by excavating, where necessary. Where three or more streets intersect, a turning circle or other special treatment may be required by the Planning Board. Wherever two streets intersect at an angle smaller than 75º, the right-of-way returns and the relationship of gutter grades shall be given special treatment as determined by the Planning Board, and islands to channelize traffic may be required.

If a new road shown on a proposed subdivision plat intersects a state or county highway, the applicant shall submit his proposal for the design and construction of such intersection to the appropriate Department of Public Works for approval. Such approval shall be obtained prior to the official submittal date. A formal acknowledgment of such approval shall be filed with the Planning Board prior to the public hearing.

Street names and house numbers.

All streets, both public and private, shall be named, and such names shall be subject to the approval of the Board of Trustees. Names shall be sufficiently different in sound and in spelling from other street names in the Village 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 classification:

	Avenue, street or road	Major or secondary street
	Road 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.

House numbers will be assigned by the Village Engineer.

§ 190-18 Blocks.

The length, width and shape of a block shall be determined with due regard to:

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

Zoning requirements as to lot sizes and dimensions.

Needs for convenient access, circulation, control and safety of street traffic.

Limitations and opportunities of topography, and the objectives of these regulations.

Block dimensions shall be at least twice the minimum lot depth and generally not more than 1,200 feet. In long blocks, the Board may require the establishment of easements or public ways through the block to accommodate utilities, drainage facilities, or pedestrian access to community facilities.

§ 190-19 Lots.

Arrangement. The lot size, width, depth, shape and arrangement shall be appropriate for the type of development and use contemplated, and 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 Chapter 220, Zoning, and in providing access to buildings on such lots from an approved street by means of a driveway that does not exceed a grade of more than 2% within the street right-of-way nor more than 12% on the lot itself.

Dimensions. Lot dimensions shall comply with the minimum standards of Chapter 220, Zoning. Where lots are more than double the minimum required area for the zoning district, the Planning Board 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 Chapter 220, Zoning, 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 lines and setbacks. Side lot lines shall be substantially at right angles to straight streets and radial to curved street lines. Lot lines shall coincide with municipal boundary lines rather than cross them. Where extra width has been dedicated for widening an existing street, lots shall begin at such extra width line, and lot dimensions and setbacks shall be measured from such line. The Planning Board may, whenever it deems such lines desirable or necessary, require the showing on the plat of specific setback lines which may vary from lot to lot, provided the front setback shall be not less than the zoning requirement nor more than 20% greater than the zoning setback.

Double frontage lots. Double frontage lots, other than corner lots, shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. An easement or reserve strip, at least 20 feet in width, and across which there shall be no right of access, shall be provided along the line of lots abutting such traffic artery or other disadvantageous use, and such easement shall be planted and maintained as may be approved by the Planning Board.

Access from major streets. Lots shall not, in general, have their vehicular access exclusively from a major or secondary street. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by access arrangements referred to in § 190-17G, in order to limit possible traffic hazard on such street.

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 size and design approved by the Village Engineer.

Water bodies. If a tract of land being subdivided contains a 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 Board 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 Village responsibility. No more than 25% of the minimum area of a lot required under Chapter 200, Zoning, may be satisfied by land which is under water.

Lots for existing large residences. Where a proposed subdivision is to include an existing residence larger in size than can appropriately be placed on a lot of the size permitted in the zoning district, the Planning Board may require that the lot created for such existing residence be of such size and so related to the proposed street system that the said existing residence will be an appropriate part of the subdivision.

§ 190-20 Improvements.

Street improvements. 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 Board 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. Where a public trunk line sanitary sewer is not presently available, but is reasonably expected to become available in the future, any sanitary sewer together with all necessary laterals extending from the main sewer to the street curb shall be installed and capped. In such event, and until such connection is made with the public trunk sanitary sewer, the subdivider shall provide for the disposal of sanitary sewerage in the manner approved by the Planning Board. If placed in the street right-of-way, underground utilities required by the Planning Board shall 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 and pedestrian easements shall be improved as required by the Planning Board. Other easements shall be cleared and graded as required by the Planning Board. Such grading and improvements shall be approved as to design and specifications by the Village Engineer who shall require that all pertinent Village standards and specifications be met.

Underground utility wires.

Electric, telephone and communication wires shall be installed underground, except that the Planning Board may waive this requirement at the request of the applicant in cases where the Planning Board shall determine that the installation of underground service will result in practical difficulty or hardship. In making such determination, the Planning Board shall take into account the following:

(a)

The size and nature of the subdivision; and

(b)

Unusual topographic or other natural conditions.

The Planning Board 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. The location of utility poles or underground lines shall be shown on the construction plans submitted by the applicant and shall be approved by the Planning Board.

Streetlight fixtures and supports. The type, design, and placement of streetlight fixtures and supports shall be shown on the construction plans submitted by the applicant, and shall be approved by the Planning Board.

Drainage improvements.

The developer may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street rights-of-way where feasible, or in perpetual unobstructed easements of appropriate width; in no case less than 20 feet in width.

A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Village Engineer shall determine the necessary size of facility based on anticipated runoff from a ten-year storm under conditions of total potential watershed development permitted by Chapter 220, Zoning.

The Village Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a fifteen-year storm, the Planning Board shall notify the Board of Trustees of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said potential condition.

Concentrated drainage from lots onto the street right-of-way shall not be permitted.

§ 190-21 Reservations and easements.

Parks for playgrounds or other recreation purposes.

Land shall be reserved for parks for playground or other recreation purposes in locations designated on the Village Master Plan or Official Map, or otherwise where the Planning Board shall deem such reservation to be appropriate. Each reservation shall be of suitable size, location, dimension, topography and general character for a park for playground or other recreation purposes, and shall have adequate street access for the purpose. The area shall be shown and marked on the plat as "Reserved for Park for Playground or Other Recreation Purpose." In no case shall the Planning Board require that more than 10% of the gross area of the subdivision be dedicated or reserved for recreation purposes. In calculating such percentage, the Board may give due credit for open areas reserved, by covenants in all deeds, for the common use of all property owners in the proposed subdivision.

Land in subdivisions dedicated or reserved for park and recreation purposes generally shall have an area of at least five acres. When a proposed subdivision is too small to require such an area, the Planning Board may require that the recreation area be located on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.

Where the Planning Board determines with respect to a particular subdivision that a suitable park or parks of adequate size or character cannot be located in such subdivision, either alone or in conjunction with abutting park reservations in adjoining subdivision, or potential park reservations on abutting land yet to be subdivided, or is otherwise not practical, it may require as a condition to approval of such subdivision, a payment in lieu thereof, to the Village by the applicant, of a sum to be calculated on the basis of an amount as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended, multiplied by the total number of new building lots contained in said subdivision. Such sum shall constitute a trust fund to be used by the Board of Trustees for the acquisition and development of neighborhood park, playground or recreation purposes.

[Amended 1-16-2003 by L.L. No. 1-2003]

Street widening and easements.

Widening and 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 Village Master Plan, or otherwise determined by the Planning Board to be necessary, such additional land shall either be included as a part of such street as indicated on such plat, or shall be marked on the plat "Reserved for Street Realignment (or Widening) Purposes."

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, but not less than 20 feet, shall be provided across property outside the street lines and with satisfactory access to the street. Easements shall be indicated on the plat.

Easements for pedestrian access. The Planning Board 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 subdivision plat.

Easements for sight distance at intersections. The street intersection areas reserved for sight easements, as described in § 190-17H(2), shall be indicated on the subdivision plat, and offers of easement to the Village shall be submitted with the plat.

(5)

Responsibility for ownership of reservations. Title, if vested in interests other than the developer, shall be clearly indicated on all reservations for park and playground purposes.

§ 190-22 Subdivisions in Business Zoning Districts.

Subdivisions located in areas zoned for business development shall be subject to the following regulations, in addition to all other applicable regulations.

Lot size and shape. Each lot shall be of such size, shape and dimensions that it may be properly developed for business use under Chapter 220, Zoning, with adequate space for vehicular access, off-street parking, off-street loading, buffer areas adjacent to residential zoning districts, and other required planting areas.

Access.

Each lot shall have adequate width of space between the street frontage giving it vehicular access and the portion or portions of the lot where parking and loading areas can be located, allowing for the location of a building or buildings on the lot. Such width of access to such parking and loading areas shall be adequate for two directions of vehicular travel, unless a one-way traffic flow is to be planned, in which case a notation to that effect shall be placed on the subdivision plat in a form satisfactory to the Planning Board and Village Attorney. The minimum pavement width for a two-way traffic access shall be 24 feet, and for a one-way traffic access 15 feet, with no parking permitted along such access road or roads.