26-30 Special Requirements for Lots With Private Roads in Lower Density Growth Management Areas
For the purposes of this Section, a private road shall be considered to be a street, and a line seven feet from and parallel to the required curb of the private road shall be considered to be a street line, and the applicable yard regulations of Sections 23-40, inclusive, and 23-51, et seq., shall be applied accordingly. However, no yard shall be required along that side of a private road, or portion thereof, that does not have a building wall facing it. Furthermore, where a building on a through lot fronts upon a street and a private road, one front yard shall have a depth of at least 30 feet. Where such 30 foot front yard adjoins a street, such yard shall include a landscaped strip at least eight feet wide to screen the yard from such street, densely planted with evergreen shrubs at least four feet high at time of planting, and of a type expected to form a year-round dense screen at least six feet high within three years.
(a) Except in the Borough of Staten Island, the minimum distances set forth in Section 23-711 (Standard minimum distance between buildings) shall not apply between two buildings where each such building faces a front yard required pursuant to Section 26-31. In lieu thereof, such buildings shall be at least 13 feet apart.
(b) For the purposes of applying the provisions of Section 23-88 (Minimum Distance Between Lot Lines and Building Walls), the required curb of the private road shall be considered to be a street line.
The entrances and exits of all private roads shall be located not less than 50 feet from the intersection of any two street lines.
No required accessory off-street parking spaces shall be located between the required curbs of a private road, except where such spaces:
(a) are perpendicular to the roadbed;
(b) are located on only one side of a private road or portion of a private road, so that no such spaces are located on opposite sides of the road bed or within 20 feet of being opposite to one another; and
(c) are within rows of not more than 10 adjacent spaces. Such rows shall be separated one from another by a planting strip at least 18 feet deep and eight feet wide, within which a tree of at least three-inch caliper is planted.
All accessory off-street parking spaces shall comply with the parking location and curb cut regulations set forth in Section 25-632. For the purposes of applying such regulations, the private road shall be considered to be a street. In addition, the provisions of Sections 25-64 (Restrictions on Use of Open Space for Parking) and 25-66 (Screening) shall apply.
All private roads shall provide street lighting, street signage and crosswalks to minimum Department of Transportation standards for public streets.
All private roads shall be screened from adjoining zoning lots by a landscaped strip at least eight feet wide, and all open off-street parking areas with five or more spaces shall be screened from adjoining zoning lots by a landscaped strip at least four feet wide. Such landscaped strips shall be densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that may be expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.
Except in the Borough of Staten Island, the City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-30 through 26-35, inclusive, provided that the depth of a rear yard shall not be less than 15 feet and the depth of a front yard shall not be less than five feet. In order to authorize such modifications or waivers, the Commission shall find that:
(a) such modifications result in a site plan that provides sufficient open areas for the residents;
(b) any reduction in open areas shall be permitted only where the Commission finds that a good site plan has been provided that includes a superior landscaping plan; and
(c) such modifications will not impair the essential character of the surrounding area.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.