26-20 Special Requirements for Lots With Private Roads
To provide for the orderly development of residences that are distant from streets, site planning requirements are established in Sections 26-20 through 26-27, inclusive. The regulations of this Section are intended to:
(a) optimize vehicular access within and among zoning lots containing private roads;
(b) regulate the size of and distance between curb cuts to minimize undue conflict between pedestrian and vehicular movement;
(c) provide for sidewalks to facilitate social interaction and enhance pedestrian safety; and
(d) provide for tree planting along private roads in order to enhance the visual and environmental character of the neighborhood.
Private roads shall consist of a paved road bed constructed to minimum Department of Transportation standards for public streets, including curbs and curb drops. The minimum width of a private road shall be 38 feet from curb to curb along its entire length or, where at least three accessory parking spaces are provided for every two dwelling units and no such spaces are located within the bed of a private road, the minimum width shall be 34 feet. The entrance to any group parking facility may be narrower than such minimum widths for a distance not to exceed 20 feet, and a private road may contain a landscaped median provided the paved width of such private road meets the minimum width required exclusive of such medians. The City Planning Commission may modify the required width of a private road, pursuant to Section 26-26 (Modification and Waiver Provisions).
Curbs shall be provided along each side of the entire length of a private road.
A curb cut, excluding splays, from a street to a private road may be as wide as such private road. Curb cuts providing access from private roads to parking spaces located outside the road bed of the private road shall not exceed a width of 18 feet, including splays.
A minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts.
A minimum three-foot wide planting strip shall be provided adjacent to and along the entire length of the required curb. Within the required planting strip, one tree of at least three inches in caliper shall be planted for every 25 feet of length of such planting strip.
Driveways are permitted to traverse such planting strips, and utilities are permitted to be located within such planting strips.
A minimum four-foot wide paved sidewalk shall be provided adjacent to and along the entire length of the required planting strips. However, no sidewalk shall be required along that side of a private road that does not have a building wall facing it.
An area open to the sky at least five feet in depth shall be provided between a required sidewalk and any building, except that any driveway or parking space located within such open area shall have a depth of at least 18 feet measured perpendicular to such sidewalk. Such open area shall be planted except for parking spaces and entryways to buildings. Where an open area at least 18 feet in depth is required, overhangs of buildings above the first story that project not more than three feet into the required open area are permitted, provided the lowest level of the overhang is at least seven feet above grade at the face of the building. Supports for such overhang are permitted, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the overhang.
(1) such modifications or waivers will enhance the design quality of the zoning lot;
(2) any decrease in the required width of the paved road bed is in conjunction with a superior parking plan that would not be feasible with a wider road bed; and
(3) any decrease in the required width of the paved road bed will result in the preservation of existing natural features or a superior landscaping plan that would not be feasible with a wider road bed.
No modification or waiver may be granted which would waive or decrease the width of the paved road bed to less than 34 feet.
(b) The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, for zoning lots within the Special South Richmond Development District, that:
(1) contain designated open space and a portion of the waterfront esplanade, where such zoning lots:
(i) have been granted an authorization pursuant to Section 107-65 (Modifications of Existing Topography) within one year prior to February 6, 2002; or
(ii) are conditioned upon a restrictive declaration that has received a minor modification by the City Planning Commission; or
(2) are located wholly or partially within Area M and have filed an application for an authorization pursuant to Section 107-69 (Residential Uses in Area M) within one year prior to February 6, 2002; or
(3) have been granted authorizations pursuant to Section 107-64 (Removal of Trees) and 107-65 and are located on a zoning lot where a change in the City Map has been approved within three years prior to February 6, 2002, and where certified copies of the alteration map for such change in the City Map have not yet been filed in accordance with Section 198, subsection (c), of the New York City Charter, as of February 6, 2002.
In order to authorize such modifications or waivers pursuant to this paragraph, (b), the Commission shall find that such zoning lots will be developed pursuant to a good site plan, and that adequate access to all dwelling units, adequate parking spaces located outside of the roadbed of the private road, adequate spacing of all curb cuts and adequate landscaping will be provided.
In R3, R4 and R5 Districts, and in C1 and C2 Districts mapped within R3, R4 and R5 Districts, and in C3 Districts, the City Planning Commission may authorize the waiver of bulk regulations for:
(a) zoning lots with private roads that access at least 20 dwelling units consisting in part of construction within streets that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law; and
(b) zoning lots with private roads that access fewer than 20 dwelling units consisting in part of construction within streets that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law and where such zoning lot has received an authorization pursuant to paragraph (a) of Section 26-26;
The Commission may authorize the waiver of bulk regulations affected by such streets where buildings would be non-complying absent such waiver, provided the Board of Standards and Appeals has prescribed conditions pursuant to Section 35 of the General City Law which require the buildings or portions thereof to be located within the unimproved streets to be compliant and conforming to the provisions of this Resolution. Such waivers shall only be as necessary to address non-compliance resulting from the location of the buildings within and outside the unimproved streets.
The Commission shall find that the private roads are adequate to serve present and future transportation needs and that, through the grant of such waivers, the development complies to the maximum extent feasible with all applicable zoning regulations as if such unimproved streets were not mapped, and that the private road system results in a good site plan.