Irvington City Zoning Code
ARTICLE XV
Resource Protection
§ 224-78 Applicability.
[Amended 1-6-2014 by L.L. No. 1-2014]
The provisions of this article shall apply to all land in the Village of Irvington except land in the Waterfront District.
§ 224-79 Purpose.
In order to ensure protection of the natural environment and the scenic and environmental resources of the Village in accordance with the Comprehensive Land Use Plan, to protect the potability of water collected in the Village reservoir, both for present and possible future needs, and to minimize adverse environmental impacts in the future development of the Village, the procedures set forth in this article shall be used to determine the site capacity for all proposed development. The site capacity calculation provides a mechanism for subtracting from the base site area portions of a site conducive to protection of the natural environment and scenic and environmental resources.
§ 224-80 Definitions.
The following definitions apply throughout this article:
Forty-three thousand five hundred sixty square feet.
An area calculated pursuant to § 224-82.
An intensity measure expressed in terms of a number of square feet. The density factors for each district are as follows:
[Amended 8-6-1990 by L.L. No. 13-1990; 6-26-2003 by L.L. No. 7-2003; 6-3-2019 by L.L. No. 8-2019; 5-13-2021 by L.L. No. 2-2021]
District | Density Factor (square feet) |
|---|---|
1F-80 | 80,000 |
1F-60 | 60,000 |
1F-40 | 40,000 |
1F-20 | 20,000 |
1F-10 | 10,000 |
1F-5 | 5,000 |
MF | 5,000 |
2F | 5,000 |
MFO | 3,000, except 2,000 for senior citizen housing |
B | 2,500 |
If fair and affordable housing units are provided in accordance with Article XXVIII of this chapter, the density factor in single-family and two-family districts shall be reduced by 25% for each fair and affordable dwelling. |
Land area where the inclination of the land's surface from the horizontal is 15% or greater. "Slope" is determined from on-site topographic surveys prepared with a two-foot contour interval.
An area of natural land contiguous with a lake, stream or streambed, the elevation of which is greater than the normal waterpool elevation but equal to or lower than the projected one-hundred-year floodplain elevation, except land areas created artificially by platforms or fill prior to the effective date of this article.
The sum of gross horizontal areas of the several floors of the building or buildings on a lot, site or parcel measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding roof areas and cellar areas used only for incidental storage or for the operation and maintenance of the building.
Land beneath the surface of the Hudson River at mean high water.
The total area of all impervious surfaces on a site divided by net buildable site area.
Natural or artificial bodies of water that retain water all year. A "lake" is a body of water of two or more acres. A "pond" is a body of water of less than two acres. Artificial "lakes and ponds" may be created by dams or may result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than from the permanent pool in the event of any difference.
An area of plant material covering one acre or more and consisting of 30% or more canopy trees having a sixteen-inch or greater caliper or any grove consisting of eight or more trees having an eighteen-inch or greater caliper.
An area calculated as follows:
The product of a calculation made in accordance with this article. "Site capacity" is expressed in dwelling units in all residence districts and the Multifamily/Office District, and in terms of dwelling units and floor area in the Business District.
[Amended 3-20-1989 by L.L. No. 4-1989; 8-6-1990 by L.L. No. 13-1990; 5-13-2021 by L.L. No. 2-2021]
Land area where the inclination of the land's surface from the horizontal is 25% or greater. "Slope" is determined from on-site topographic surveys prepared with a two-foot contour interval.
A stream or river other than the Hudson River that flows all year and is identified on local maps and surveys.
Includes all land between the edge of the surface of the Irvington Reservoir and the ridge lines within which water drains toward the Irvington Reservoir.
Any area which contains aquatic or semiaquatic vegetation which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other vegetation.
Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died as a result of wet conditions over a period of time, provided that such wet conditions are expected to persist or recur indefinitely barring human intervention.
Lands and water substantially enclosed by aquatic or semiaquatic or dead vegetation as described in this definition, the regulation of which is necessary to preserve the areas of aquatic and semiaquatic or dead vegetation.
The water overlying the areas set forth in this definition.
§ 224-81 Determination of site capacity.
[Amended 8-6-1990 by L.L. No. 13-1990; 3-4-1991 by L.L. No. 2-1991; 3-21-1994 by L.L. No. 3-1994; 5-3-2010 by L.L. No. 5-2010; 12-19-2011 by L.L. No. 9-2011]
A.
In addition to such other requirements as are or may hereafter be imposed by this chapter or other provisions of law, a site capacity determination is required for any vacant lot in districts to which this article applies before subdivision approval or site plan approval may be granted. Site capacity shall be determined by the Planning Board as provided in this article. Site capacity determination is not required for building permits for construction limited to expansion or alteration of existing structures or other improvements not involving the creation of additional enclosed, habitable space.
(1)
Such application shall be accompanied by an accurate survey of the parcel which shall show the boundaries and areas of portions of the parcel consisting of each of the following features:
(2)
The survey shall indicate the boundaries and areas of portions of the parcel where two or more of the foregoing features overlap.
(3)
Such application shall be accompanied by a fee in the amount of $150.
B.
The Planning Board shall determine the base site area, the resource protection land, net buildable site area and site capacity in accordance with this article prior to or contemporaneous with the issuance of site development plan or subdivision approval with respect to all or part thereof. Said determination establishes the maximum number of dwelling units only and does not create vested rights in the number of dwelling units so determined. The Planning Board is empowered to retain, at the applicant’s expense, any consultant or expert which, in the opinion of the Planning Board, is reasonably necessary to its determination of site capacity. The fees for such consultation shall be paid in accordance with the provisions of Chapter 160, Professional Fees.
C.
In all districts with respect to which this article requires a determination of site capacity, no building permit may be issued for the construction of any dwelling unit or other improvement which, together with other dwelling units and/or improvement on a parcel, would exceed the site capacity for said parcel determined by the Planning Board, and any building, dwelling unit or other improvement on any parcel for which the site capacity has not been determined in accordance with this article.
D.
The Planning Board shall record on the original of each approved subdivision plat the base site area, the resource protection land, the net buildable area and the site capacity of the aggregate land within the subdivision and shall endorse on the plat the following statement:
"No building permit will be issued for the construction of any dwelling unit, building or other improvement which, together with other dwelling units, buildings and improvements that are or hereafter may be built on the land included in this subdivision, would exceed the site capacity set forth on this plat." |
F.
Subject to Subsections G and H below, in determining the resource protection land, net buildable site area and site capacity of any parcel pursuant to this Article XV, and in light of specific development proposals presented in connection with such parcel, the Planning Board may, in instances where one or more applications are presented involving a parcel or contiguous parcels aggregating more than 25 acres, adjust the calculation of resource protection land, net buildable site area or site capacity of such parcel(s) in order to permit more suitable design and development of such parcel(s) in relation to conditions existing upon such parcel(s) and in furtherance of the purposes of this article.
G.
In adjusting the calculation of resource protection land, net buildable site area or site capacity of any parcel pursuant to Subsection F above, the Planning Board must consider and make specific findings of fact as to each of the factors set forth below as they may relate to such parcel, together with any other factors applicable thereto which, in judgment of the Planning Board, justify adjustment of calculation of site area or site capacity of such parcel, while advancing the purposes of this article:
(1)
Unique topographic conditions.
(2)
Significant acreage of watershed land.
(3)
Significant acreage of wetlands, floodplains, lakes, ponds or watercourses.
(4)
Significant acreage of mature woodlands.
(5)
Significant acreage of twenty-five-percent slopes or fifteen-percent slopes.
(6)
Creation of open space by permanent preservation or dedication of property to the Village.
(7)
Buffers.
(8)
Creation of permanent conservation easements.
(9)
Mitigation measures designed to reduce potential adverse environmental impacts of the proposed development on resource protection land.
§ 224-82 Calculation of base site area.
The base site area shall be computed in accordance with the following formula:
A. | Gross site area [Amended 8-6-1990 by L.L. No. 13-1990; 12-19-2011 by L.L. No. 9-2011] | square feet | ||
B. | Subtract land constituting (i) rights-of-way of existing roads that are to remain following development, and (ii) easements of access [Amended 12-1-2014 by L.L. No. 16-2014] | - | square feet | |
C. | Subtract land which, in a previously approved subdivision encompassing the same land, as all or part of the same parcel, was reserved for resource (e.g., wetlands) or recreation reasons | - | square feet | |
D. | Subtract land on which roads [other than driveways in residential districts serving no more than 3 single-family residences] are to be built as part of the development of the site | - | square feet | |
E. | Equals base site area | = | square feet |
§ 224-83 Calculation of resource protection land.
A.
Subject to Subsections B and C of this section, the resource protection land on a parcel is equal to the sum of the products of the area containing each resource protection feature and the protection ratio for said feature and shall be calculated by the following formula:
[Amended 12-1-2014 by L.L. No. 16-2014]
Resource | Ratio | x | Acres in Resource | = | Resource Protection Land | |
|---|---|---|---|---|---|---|
Lakes, ponds and watercourses | 1.00 | x | ______ | = | ______ square feet | |
Hudson River land | 1.00 | x | ______ | = | ______ square feet | |
Watershed | 1.00 | x | ______ | = | ______ square feet | |
Wetlands | 1.00 | x | ______ | = | ______ square feet | |
Floodplains | 1.00 | x | ______ | = | ______ square feet | |
Twenty-five-percent slopes | 0.75 | x | ______ | = | ______ square feet | |
Fifteen-percent slopes | 0.50 | x | ______ | = | ______ square feet | |
Land with unusual geological features which the Planning Board determines to be worthy of preservation (e.g., rockfall, promontories, etc.) | 1.00 | x | ______ | = | ______ square feet | |
Total land in resource | = | _______ | ||||
Resource protection land | = | _______ square feet |
B.
Where a given portion of a parcel contains two or more resource protection features, the protection ratio applicable to that portion shall be the highest protection ratio for any of the applicable resource protection features.
C.
No subtraction shall be made for watercourses where the area of the watercourse constitutes less than 5% of area of the site and of each lot and proposed lot in the site and the subdivider or developer enters into an agreement with the Village meeting the requirements for written agreements set forth in § 224-72D, provided that neither the subdivider or developer nor his heirs, successors or assigns shall alter the course, obstruct, place in conduits or otherwise change the appearance or characteristics of the watercourse without a permit issued by the Board of Trustees upon such conditions as the Board may deem appropriate.
D.
In determining the resource protection land, the Planning Board may refer to the Comprehensive Land Use Plan and its predecessors, the applicant's survey and any other data available to it and may employ and rely on surveyors and other professional advisers as it deems appropriate, subject to budgetary limitations. The burden of establishing the site capacity, however, shall be on the applicant, and the Planning Board may decline to determine the site capacity if the applicant fails to provide information reasonably requested by the Planning Board for that purpose.
E.
Appeals. Any appeal from the determination of site capacity by the Planning Board must be made in the first instance to the Zoning Board of Appeals.
[Added 12-2-1991 by L.L. No. 8-1991[1]]
[1]
Editor's Note: This local law also provided as follows:
"This local law, to the extent it is or may be inconsistent with provisions of the Village Law, is intended to supersede or modify the Village Law pursuant to the power given the Village under the State Constitution, the Municipal Home Rule Law and the Statute of Local Governments. Without limiting the generality of the foregoing, the provisions of this local law are intended to supersede or modify the following designated provisions of the Village Law to the extent, if any, that they are inconsistent with them: Village Law §§ 7-712; 7-720; 7-725; 7-726; 7-728; 7-730; 7-738."
§ 224-84 Determination of site capacity in residence districts.
The site capacity in residence districts shall be the net buildable site area divided by the density factor for the zoning district in which the site is located, rounded down to the next lower whole number.
§ 224-85 Determination of site capacity in Business District.
The site capacity in the Business District shall be a maximum number of dwelling units equal to the net buildable site area divided by the density factor for the Business District, rounded down to the next whole number, and a maximum floor area equal to 1.4 times the net buildable site area.
§ 224-85.1 Determination of site capacity in Multifamily/Office District.
[Added 5-13-2021 by L.L. No. 2-2021; amended 10-3-2022 by L.L. No. 6-2022]
For three-or-more family uses, the site capacity in the Multifamily/Office District shall be the net buildable site area divided by the density factor of 3,000 square feet (2,000 square feet for senior citizen housing), rounded down to the next lower whole number. In calculating the base site area in the MFO District, the land on which any driveway is to be built that leads directly to a three-or-more family dwelling, or parking area serving the dwelling, shall not be deducted from gross site area. Additionally, the lot area required for any necessary improvements of Strawberry Lane shall not be subtracted from gross site area.
§ 224-86 Sites in two or more districts.
Section 224-6C notwithstanding, the site capacity shall be determined separately with respect to each portion of a parcel falling into a different zoning district.
§ 224-87 Limitations on impervious surface ratio in Business and Railroad Districts.
[Amended 8-6-1990 by L.L. No. 13-1990; 12-20-2010 by L.L. No. 2-2011]
Except as provided in § 224-46, the maximum permissible impervious surface ratio shall be as follows in the Business and Railroad Districts:
District | Ratio |
|---|---|
B | .80 |
R | .10 |