105-434 - Modification of requirements for private roads and driveways

LAST AMENDED
1/19/2016

For any #development#, #enlargement# or #site alteration#:

(a)   the City Planning Commission may authorize variations in the requirements for #private roads# and driveways on any
       #Tier II site# as set forth in Section 105-35 (Tier II Site Requirements for Driveways and Private Roads), as well as the
       requirements of Sections 25-621 (Location of parking spaces in certain districts) and 25-631 (Location and width of
       curb cuts in certain districts) provided that:

        (1)    the #development# or #enlargement# is not feasible without such modification, or that the requested
                modification will permit a #development#, #enlargement# or #site alteration# that satisfies the purposes of this
                Chapter;

        (2)    such modification is the least modification required to achieve the purpose for which it is granted;

        (3)    the modification will not disturb the drainage pattern and soil conditions of the area;

        (4)    the modification has minimal impact on the existing natural topography and vegetation and blends
                harmoniously with it; and

        (5)    such modification will enhance the quality of the design of the #development#, #enlargement# or #site
                alteration#; or
(b)    located on a #zoning lot# containing historic buildings designated by the Landmarks Preservation Commission within
        the New York City Farm Colony-Seaview Hospital Historic District, as shown on Map 2 in Appendix A of this Chapter,
        the City Planning Commission may authorize modifications or waivers of the requirements for #private roads# as set
        forth in Section 26-20 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS) through Section 26-27
        (Waiver of Bulk Regulations Within Unimproved Streets), inclusive, and Section 26-30 (SPECIAL REQUIREMENTS
        FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS) through 26-
        35 (Screening), inclusive, provided that such modification or waiver:

        (1)    results in greater environmental conservation or preservation of existing natural features;

        (2)    results in a superior site and landscape plan that will not unduly disturb the drainage pattern and soil conditions
                of the area;

        (3)    results in greater preservation of historic #buildings# or other architectural elements of the Historic District
                designated by the Landmarks Preservation Commission;

        (4)    enhances vehicular and pedestrian connections between #buildings# on the site and the surrounding
                neighborhood;

        (5)    will not impair the essential character of the Historic District and the surrounding area;

        (6)    is the least required to achieve the purpose for which it is granted; and

        (7)    will not reduce the required minimum width of the #private road# to a width less than 34 feet unless the Fire
               Department has approved such reduction and determined that emergency vehicles can adequately access and
               move within the site.