West Haverstraw City Zoning Code
ARTICLE XIX
Design Standards
§ 250-105 Requirements and standards to be used as guide.
The Planning Board, in considering an application for the subdivision of land, shall be guided by the following requirements and standards.
§ 250-106 General regulations.
A.
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
B.
Conformity to Official Map and Village Master Plan. Subdivisions shall conform to the streets shown on the Official Map of the Village as it may be adopted by the Village Board of Trustees and shall be properly related to the Village Master Plan as it is developed and adopted by the Planning Board.
C.
Frontage on improved street. The area to be subdivided shall have frontage on and access from a street on the Official Map, which street is improved to Village standards or for which street a bond covering such improvement is held by the Village.
§ 250-107 Streets.
A.
Location, width and improvement of streets. 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.
B.
Width of rights-of-way. Streets shall have a fifty-foot right-of-way unless otherwise indicated on the Village Master Plan.
C.
Standards for street design. Streets shall meet the following design standards. Street classification may be indicated on the Village Master Plan or Official Map or as otherwise determined by the Planning Board.
(1)
Minimum width of right-of-way: 50 feet.
(2)
Minimum width of pavement: 24 feet (excluding curbs or gutters).
(3)
Minimum radius of horizontal curves of street line: 200 feet at the center line.
(4)
Minimum length of vertical curves at surface of pavement: 200 feet, but not less than 20 feet for each 1% algebraic difference of grade.
(5)
Minimum length of tangents between reverse curves: 100 feet.
(6)
Maximum grade: 10%.
(7)
Minimum grade: 1%.
(8)
Minimum sight distance: 150 feet.
D.
Relation to topography. Streets and grades of streets shall be related to the topography and shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.
E.
Block size. Block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width required in the zoning district.
F.
Intersections. Intersections of streets shall be at least 800 feet apart, if possible. 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 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 property line. Within triangular areas formed by the intersecting street lines, visibility for traffic safety shall be provided for a distance of 75 feet from the street intersection and the diagonals connecting the end points of these lines.
G.
Continuation of streets into adjacent property. The arrangement of streets shall provide for the continuation of streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection or efficient provision of utilities 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 abutters whenever the street is continued.
H.
Permanent dead-end streets. Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to or from adjoining property, its terminus shall normally not be nearer to such boundary than the minimum lot length prescribed by the zoning regulations for the zoning district in which the land is located. 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 an easement to accommodate traffic or utilities. A circular turnaround of a minimum right-of-way radius of 50 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. An island in a turnaround can be considered by the Planning Board.
§ 250-108 Improvements.
A.
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. 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. 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 shall be met.
B.
Reserve strips. The creation of reserve strips adjacent to a proposed street in such a manner as to deny access from adjacent property to such street shall not be permitted.
C.
Other improvements.
(1)
Street signs. Street signs of a type approved by the Planning Board shall be provided by the developer and placed at all intersections in locations approved by the Planning Board.
(2)
Road lighting standards. Where required by the Planning Board, streetlighting shall be placed in a manner and location approved by the Planning Board.
(3)
Trees on streets. The Planning Board shall require the planting of new street trees in subdivisions (a minimum of two per lot) and shall require that such planting be in accordance with the provisions of Chapter 93, Community Forestry, of the Code of the Village of West Haverstraw.
(4)
Sanitary sewer facilities. The subdivider shall install sanitary sewer facilities in a manner prescribed by the Village Engineer or in accordance with Village specifications for subdivisions.
(5)
Fire hydrants. To eliminate future street openings, all underground utilities for fire hydrants shall be provided before any final paving of streets.
(6)
Underground utilities in streets. Underground utility service extending to the property line of each platted lot shall be installed at the subdivider's expense in a manner prescribed by the Village Engineer or in accordance with Village specifications.
D.
Drainage improvements.
(1)
The developer is required to carry away by pipe or open ditch any spring- or surface water that may exist 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.
(2)
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 of the subdivision. The Village Engineer shall determine the necessary size of the facility based on anticipated runoff under conditions of total potential watershed development permitted by the zoning provisions of this chapter.
(3)
The Village Engineer shall study the effect of each subdivision on existing downstream drainage facilities outside the areas 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, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said potential condition. The County Drainage Study of May 1960 shall serve as a guide.
E.
Grading. The Planning Board shall require grading of all lots throughout the subdivision. The Planning Board shall require the applicant to submit grading specifications of all lots and may require individual grading plans for each individual lot when warranted by topography. All grading must be done as prescribed by and to the approval of the Village Engineer.
§ 250-109 Lots.
A.
Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning provisions of this chapter. Such arrangement shall provide access to buildings on all lots from an approved street.
B.
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 the installation of a culvert or other structure of a size and design approved by the Village Engineer.
C.
Lot dimensions. Lot dimensions shall comply with the minimum standards of the zoning provisions of this chapter. 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 the provisions of this chapter.
D.
Side lot lines. Side lot lines shall be at right angles to street lines unless a variation from this rule will give a better street or lot plan.
E.
Access from major streets. Lots shall not, in general, derive access exclusively from a major 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 a combined access drive in order to limit possible traffic hazards on such streets. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on major or through streets
F.
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.
G.
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 all 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 area of the lot required under the zoning provisions of this chapter may be satisfied by land which is under water.
§ 250-110 Reservations and easements.
A.
Parks and playgrounds. Pursuant to § 7-730, Subdivision 4, of the Village Law, the moneys required by the Planning Board in lieu of land for parks shall be as established in § 250-89.
B.
Widening or 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 as otherwise determined by the Planning Board to be necessary, the subdivider may be required to show such additional land either as part of such street as indicated on such plat or to mark on the plat "reserved for street alignment (or widening) purposes." It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Town or County Official Map. Land reserved for such purposes may not be counted in satisfying yard or area requirements of the zoning provisions of this chapter.
C.
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 at least 15 feet or other appropriate width for such utilities or drainage facilities shall be provided across property outside the street lines and with satisfactory access to the street. Such easements shall be noted on the plat. Drainage easements shall be carried from the street to a natural watercourse or to other drainage facilities.
§ 250-111 Miscellaneous.
A.
Preservation of existing features.
(1)
Existing features which add value to residential development or to the Village as a whole, such as trees, watercourses and falls, beaches, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision.
(2)
Subject to the provisions and restrictions set forth in Chapter 93, Community Forestry, of the Code of the Village of West Haverstraw, no live tree exceeding six inches in diameter measured at a distance three feet above the base shall be cut down in any subdivision. This provision shall not apply to any tree located in a right-of-way to be dedicated to the Village nor to any tree located in an area to be occupied by buildings or driveways and within a distance of 10 feet around the perimeter of such buildings or driveways.
B.
Subdivisions including land zoned for business or industry. If a proposed subdivision includes land that is zoned for business or industrial purposes and such land is not restricted against business use by the imposition of deed restrictions by the owner, the layout of the subdivision with respect to such land shall make such provision as the Planning Board may require for safe and convenient access to automobile parking and loading spaces as may be required by the zoning provisions of this chapter or otherwise for safe and convenient service access to such land.
§ 250-112 Adjustment of regulations.
Pursuant to § 7-730, Subdivision 7, of the Village Law, the Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements or improvements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in the proximity to the subdivision, provided that any such adjustment will not have the effect of nullifying the intent and purpose of this chapter, the zoning provisions of this chapter, the Village Master Plan or the Official Map of the Village. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so adjusted.
§ 250-113 Steep slopes.
A.
Statement of purpose.
(1)
It is the express purpose of this section to provide for special qualitative and quantitative development controls for all lands located within the Village of West Haverstraw which have present within their boundaries topographical conditions hereinafter defined as "steep slopes."
(2)
These special development controls are provided in recognition of the potentially negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff and destruction of unique land forms and predominant views. It is further the purpose of this section to encourage good land use planning and design and to maximize the best use of the natural terrain and maintain ridgelines and skylines intact.
(3)
Effective and reasonable application of these regulations will protect the health, safety and welfare of the citizens of the Village of West Haverstraw.
(4)
This section is further promulgated to provide a functional land use design and control mechanism which will augment the basic land use controls of the zoning provisions of this chapter and the administrative implementing devices contained within Article XVI, Site Development Plan, and Article XVII, Subdivision of Land Authorization and Procedures, of this chapter.
B.
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Village of West Haverstraw in their existing physical state or condition as of the date of the passage of this section. Said applicability shall apply only to new construction where said properties fall within a fifteen-percent or greater slope area, except as provided for in Subsection E. This section shall further apply to building reconstruction where over 50% of any structure on a property or parcel of land is destroyed by fire or other natural occurrence as a result of redevelopment and the entire footprint of said structure falls within a fifteen-percent or greater slope area.
C. ADJUSTED DENSITY DENSITY CONTROL CRITERIA DISTURBANCE GRADE(1) (2) GRADING GRADING LIMITATIONS PERMITTED DENSITY SLOPE MEASUREMENT CRITERIA(1) (2) (3) STEEP SLOPE TRANSITIONAL GRADING
Definitions. As used in this section, the following words shall have the meanings indicated:
A function of the application of the following density control criteria as applied to slope characteristics determined in accordance with slope measurement criteria.
Those criteria set forth in Subsection D of this section.
Any physical activity which results in removal of vegetation, modification of topography by cutting or filling, stripping of topsoil and/or placing of physical structures or improvements thereon.
The contour or surface of the ground.
ORIGINAL GRADE- The natural contour or surface of the ground before any disturbance
FINISHED GRADE- The contour or surface of the ground at the completion of a project after any disturbance.
Any disturbance of the original grade by stripping, cutting, filling or stockpiling, or any combination thereof.
The extent of the disturbance allowed in Subsection E, Construction Control Limitations, Column 2, of this section.
Based upon the minimum required lot areas and maximum allowed building coverage as provided in Article V, District Lot and Bulk Regulations, of this chapter.
The following "slope measurement criteria" shall serve as the basic means of identifying and categorizing steep slopes as further regulated under this section.
VERTICAL MEASUREMENT- Determined by utilizing two-foot contours as documented and determined by on-site survey or the use of photogrammetric aerial topography.
HORIZONTAL MEASUREMENT- Determined by use of an appropriate scale as required by Article XVI, Site Development Plan, and Article XVII, Subdivision of Land Authorization and Procedures, of this chapter, measuring a minimum horizontal section 30 feet in length.
APPLICATION OF VERTICAL AND HORIZONTAL MEASUREMENTS- The vertical and horizontal measurements are utilized to determine the slope by measuring the vertical rise on the basis of two-foot contours in a thirty-foot horizontal length.
Includes slopes in excess of 15% in gradient as measured and documented in accordance with the "slope measurement criteria" definition.
The disturbance in that area of land between the original grade and the finished grade to accommodate roads, parking areas, structures and other like improvements.
D.
Density control criteria and computations.[1] To meet the purposes, goals and standards set forth in this section, the applicable provisions of the zoning provisions of this chapter relating to minimum lot sizes, density and building coverage permitted density of development shall be modified in areas of slopes greater than 15%.
(1)
The maximum disturbance allowed shall be determined by multiplying the total land area in various slope categories by the following limiting factors:
Slope (percent) | Factor | Disturbance Allowed | |
|---|---|---|---|
35% or greater | 0 | No disturbance allowed | |
25.0% to 34.9% | 0.3 | Only transitional grading | |
15.0% to 24.9% | 0.5 | Only transitional grading or road construction | |
0.0% to 14.9% | 1.0 | All construction allowed |
(2)
The maximum number of dwelling units allowed on any tract shall be computed as follows:
Application of Slope Criteria | |
|---|---|
(Land with 35% or more slopes x 0) | |
+ (Land with 25.0% to 34.9% slopes x 0.3) | |
+ (Land 15.0% to 24.9% slopes x 0.5) | |
+ (Land with 0% to 14.9% slopes) | |
= Total land area available for development (TLD) which shall include areas for building lots, road easements, water retention and/or detention, wetlands, floodplains and other such improvements/restrictions. |
[1]
Editor's Note: For examples of computation for density control, see Appendixes A and B at the end of this chapter.
E.
Construction control limitations. Only the following uses and physical development activities shall be allowed as set forth below:
Column 1 Slope Category | Column 2 Slope Category | Column 3 Activity Allowed | |
|---|---|---|---|
0.0% to 14.9% | 100% | All construction allowed | |
15.0 to 24.9% | 50% | Only transitional grading or road construction | |
25.0 to 34.9% | 30% | Only transitional grading | |
35.0% and above | 0% | No disturbance allowed |
F.
Exemptions. All existing developed structures shall be exempt from this section, except as provided for in Subsection B.
G.
Soil moving. Nothing herein shall be construed to affect the provisions of Article X, Grading and Excavating.
H.
Planning Board jurisdiction; variances. Nothing in this section shall be construed to limit the jurisdiction of the Planning Board or Zoning Board of Appeals over site plan approval or to grant variances or waivers in accordance with the Village Law or this chapter.