Preview
FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018
FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018
Town/Village of Harrison, NY Page 1 of 22
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018
Town/Village
of Harrison,
NY
Tuesday, April
11,2017
Chapter 204. Subdivision of Land
Article I. General Provisions
§ 204-1. Authority.
By authority of the Town Board of the Town of Harrison, pursuant to the provisions of 0 276 of Article
13 of the Town Law, the Town of Harrison Planning Board is hereby authorized and empowered to
approve plats for subdivisions, with or without new streets or highways, and to pass and approve the
development of platsalready filed.
204-2. Purpose.
These regulations are established to require that every person or corporation who as owner or agent
subdivides realproperty into lots,plots, blocks or sites,with or without streets, for the purpose of
offering such lots,plots, blocks or sites forsale to the public, regardless of how they are conveyed or
for what kind of land use they are intended, fileinthe officeof the County Clerk a map thereof. Every
such subdivision map of property inthe Town of Harrison before the filingthereof shallhave endorsed,
inwriting, on itsface the approval of the Town of Harrison Planning Board.
§ 204-3. Subdivision policy.
The Planning Board declares that these regulations for the subdivision of land for various purposes are
promulgated to provide for the orderly growth and coordinated development of the municipality and to
assure the comfort, convenience, safety,health and welfare of itspeople, and further, that the approval
of such subdivision shallbe based on the following considerations:
A. '
Conformance with the various parts of the Master Plan and Zoning Ordinance.
[1] Editor'sNote: See Ch. 235, Zoning.
B. Recognition of a desirable relationship to the general land form, itstopographic and geologic
character, to natural drainage and ecological concerns.
C. Recognition of desirable standards of subdivision design for pedestrian and vehicular traffic,
surface water runoff,utilityservices and building sitesfor the land use contemplated.
D. Encouragement of flexiblesubdivision design to promote the planning objectives of the Master
Plan,to realize development and maintenance economies and to provide for a variety of housing
types.
E. Provision of such facilitiesas are desirable adjuncts to the contemplated use, such as parks,
recreation areas, school sites,firehouses and off-streetparking.
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F. Preservation of such natural resources and assets as lakes, ponds, streams, marshes, flora,fauna,
general scenic beauty and historic features of the municipality.
§ 204-4. Definitions.
As used in this
chapter, the following terms shallhave the meanings indicated:
CONDITIONAL APPROVAL OF A FINAL PLAT
Approval of the final plat subject to conditions set forth by the Planning Board in a resolution
conditionally approving such plat.Such conditional approval does not qualify a final plat for
recording nor authorize issuance of building permits prior to the signing of the platby a duly
authorized officer of the Planning Board and recording of the platin the officeof the County Clerk.
CONSERVATION DEVELOPMENT
A residential development of land based on an overalldevelopment plan, inaccordance with the
'
procedure established in theZoning Ordinance under 0 235-10·
CUL-DE-SAC
A short dead-end street terminating in a vehicular
turnaround area.
EASEMENT
A restrictionestablished ina real estate deed or other recordable document to permit the use of
private land by a publicagency or a public for
utility specified purposes or to protect some special
qualityof the private land forspecified purposes.
EASEMENT, LIMITED ACCESS
A restriction established in a realestate deed or other recordable document to control access
from private land to publicstreets or other publicareas.
FINAL PLAT APPROVAL
The signing of a final platby a duly authorized officer of the Planning Board after a resolution
granting finalapproval of the plat orafter conditions specified ina resolution granting conditional
approval of the platare completed. Such final
approval qualifiesthe plat forrecording in theoffice
of the County Clerk.
LICENSED PROFESSIONAL ENGINEER OR SURVEYOR
A person licensed as a professional engineer or licensed as a land surveyor by the State of New
York.
LOT
The unitor units into which land is dividedwith the intention of offering such units for sale,either
"Lot"
as undeveloped or developed sites,regardless of how they are conveyed. shall mean parcel,
plot,siteor any similar term.
MASTER PLAN
A Comprehensive Plan adopted by the Planning Board for the future growth, protection and
development of the municipality, affording adequate facilities
for housing, transportation, comfort,
convenience, public health,safety and general welfare of itspopulation.
OFFICE OF THE PLANNING BOARD
For the purpose of receiving applicationsand keeping records, the Municipal Engineer shallbe the
Board."
"Office of the Planning
- PLANNING BOARD
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The dulyappointed Planning Board of the municipality.
PLAT
A. FINAL PLAT
A drawing, ink on linenor Mylar, in final
form, showing a proposed subdivision containing such
additional detailas required by these regulations for a preliminary platand the modifications,
ifany, required by the Planning Board at the time of approval of thepreliminary plat,ifsuch
preliminary plat has been so approved.
B. PRELIMINARY PLAT
PLAT,"
A drawing clearlymarked "PRELIMINARY prepared ina manner prescribed by these
regulations, showing the layout of a proposed subdivision, includingbut not restrictedto road
and lot layout, lot sizeand area and approximate dimensions, key plan, topography and
drainage, allproposed facilities,
including preliminary plans and profiles,at a scale and detail
prescribed by these regulations.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in 5 2o4-10 of these
regulations to enable the subdivider to save time and expense inreaching general agreement with
the Planning Board as to the form of the layout and objectives of these regulations.
STREETS AND HIGHWAYS
A. COLLECTOR STREET
A street, generallyserving several subdivisions or a comparable low-density area,designed to
have considerable continuity and to accommodate low to moderate speeds and low to
medium trafficvolumes and intended to channel trafficfrom localstreets to highways.
B. EXPRESSWAY or THOROUGHFARE
A highway, usually under the jurisdiction of the county or state, designed to have extensive
continuity and to accommodate moderate to high speeds and moderate to heavy traffic
volumes and intended to connect important centers of development or through traffic.
C. LOCAL STREET
A street,usually within a subdivision,designed to have limited continuity and to accommodate
low speeds and very low trafficvolumes and intended solelyto provide access to abutting
properties within a limited area.
D. MARGINAL ROAD
A street, within a subdivision, located on a separate right-of-way paralleland adjacent to a
highway designed to provide access to abutting properties without interrupting highway
trafficexcept at widelyspaced access points.
SUBDIVIDER
Any person, firm, corporation, partnership or association who shalllay out any subdivision or part
thereof, as defined herein, either for himself or others inwhich latter case their names shall also
appear on the application for subdivision.
SUBDIVISION
A. MAJOR SUBDIVISION
A division of land into two or more lots for immediate or future sales or for building
development in such a way asto require one or more new streets to be constructed, or a
division of land intofive or more lotsalong an existing street or highway.
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B. MINOR SUBDIVISION
A division of land into fewer than five lots along an existing public road in such a way asto
require no new streets to be constructed.
ZONING ORDINANCE
The Town of Harrison Zoning Ordinance of 1974 (recodified in1986) and allamendments thereto.
X
[Added 1-8-1992]
[1] Editor'sNote:See Ch. 235, Zoning.
[2] Editor'sNote: See Ch 235, Zoning.
Article II. Subdivision Procedure
§ 204-5. General outline.
A. Sketch plan.
(1) The subdivider familiarizes himself with these subdivision regulations and the Zoning
'l
Ordinance. These are availableat the officeof the Municipal Clerk.
[1] Editor'sNote: See Ch. 235, Zòning.
(2) The subdivider submits a sketch plan to the Office of the Planning Board.
(3) Planning Board approves, disapproves or modifies the sketch plan and classifies itas a minor
or major subdivision at a regular meeting attended by the subdivider or hisrepresentative.
B. Major subdivision.
(1) The subdivider submits the preliminary plat,together with the fee and supporting material,
including topographic map and road and drainage profiles, to the Office of the Planning
Board.
(2) The Planning Board holds a publichearing, as required by law, on the preliminary plat.
(3) The Planning Board either approves, with or without modification, or disapproves the
preliminary plat.
(4) The subdivider submits the finalplat,together with supporting material, to the Office of the
Planning Board.
(5) The Planning Board may hold a public hearing or waive such public hearing on the final plat if
itis deemed to be in substantialagreement with approved preliminary plat.
(6) The Planning Board may either conditionally approve, with or without modifications,
disapprove or grant finalapproval and authorize the signing of the finalplat.
(7) The Planning Board advises the subdivider of required public improvements, park dedication
provisions and bond amount.
(8) The subdivider posts a performance bond guaranty of the installationof required public
improvements or furnishes proof of the satisfactorycompletion of the same.
(9) The subdivider pays the inspection fee, and in cases where the Planning Board finds that itis
in thebest interestof the municipality to waive the dedication of land forpark purposes, pays
the park fee.
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(10) The Planning Board Chairman or Vice Chairman signs finalplat.
(11) The subdivider filesthe finalplatin the officeof the County Clerk.
(12) The Building Inspector issues building permits upon proper application by the subdivider.
(13) The subdivider constructs required public improvements under inspection of the Municipal
Engineer.
(14) The subdivider requests release of bond after completion of required public improvements,
and the subdivider shallpost a maintenance bond.
(15) The Planning Board may permit the subdivider to install
the required improvements without
posting a bond. In thatcase, the procedure is the same as thatoutlined above, except that no
building permit willbe issued until completion of such improvements and:
(a) Instead of posting a performance bond, a subdivider installs required public
improvements within a period of time established by the Planning Board, subject to the
same inspection fee and procedure as thatset forth for public improvements under the
performance bond procedure, and the subdivider willbe required to obtain an
excavation and regrading permit and post a restoration bond.
(b) Before the Chairman or Vice Chairman signs the finalplat,the subdivider must complete
allimprovements to the satisfaction of the Municipal Engineer.
C. Resubdivision.
(1) For resubdivision of already filedunimproved final plats,the procedure shallbe the same as
outlined above.
(2) If thefiledfinalplatdoes not conform with these standards and does not have Planning Board
approval, itshallbe processed as a new subdivision proposal.
D. Minor subdivision.
(1) The subdivider submits the minor subdivision plat,together with supporting material, to the
Office of the Planning Board.
(2) The Planning Board approves or disapproves the minor subdivision platat a regular meeting
after public hearing as required by law.
§ 204-6. General procedures.
A. [Amended 7-12-2000 by L.L.No. 2-200o] Every application or submission to the Planning Board,
whether for approval of a sketch plan, site plan, preliminary plat or final plat or for a special
exception permit or use permit or otherwise, shallbe accompanied by:
(1) A letter from the applicant, which shall state whether or nor the submission isin total
²
conformance with the Zoning Ordinance, the Freshwater Wetlands Protection Law, the
subdivision regulations, the Master Plan and alllaws of the Town of Harrison and of all
applicable laws of the County of Westchester and of the State of New York; and ifthe
submission isnot in such total conformance, the lettershall state in detaileach and every
item inthe submission which is notin conformance;
[1] Editor'sNote: See Ch. as,Zoning.
[2] Editor'sNote: See Ch- 149, Freshwater Wetlands.
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(2) A copy of the deed of the property to be subdivided that was in the
filed County Clerk'soffice
showing the current ownership; and
(3) A recent titlereport or abstract of title
issued by a titleinsurance company, abstract company
or an attorney showing allcovenants and restrictionson the property to be subdivided.
B. Any statement or indication of nonconformity which is made on a plator plan or other document
which is partof the submission shall not substitute for the requirement that the applicant's letter
must detaileach and every item in thesubmission which is notin conformance.
C. In the event that the applicant shall failto set forth any item which isnot in such required
conformance, the submission shall be deemed to be incomplete and any approval of the
submission or any approving action which may be taken by the Planning Board shall be nulland
void and any subsequent actions taken by any agency or employee of the Town of Harrison,
including but not limited to the issuance of a buildingpermit, shall likewisebe nulland void.
D. As part of the application or submission procedure, the applicant shall completely fill
out the
application form that shall be required by the Planning Board, and no application or submission
shallbe entertained by the Planning Board if theapplication form is incomplete.
204-7. Purpose of sketch plan.
The sketch plan shallbe required to determine if thesubdivision shallbe processed as either a minor or
major subdivision and to enable the subdivider to save time and expense in reaching a general
agreement with the Planning Board as to form the layout and objectives of these subdivision
regulations.
204-11. Purpose of preliminary plat.
A. The preliminary platand supporting material for the proposed subdivision constitute the material
to be officiallysubmitted to the Planning Board. They show the general design of the subdivision
and itspublic improvements to the extent necessary for the Planning Board, afterholding a public
hearing, to indicate to the subdivider that the proposal iseither approved, with or without
modifications, and thus serve as a basisfor detailed design of the finalplat,or is disapproved.
B. Where the application has been denied by the Board, a new application cannot be submitted for at
least six months, unless new pertinent facts are presented. Where such a new application is
submitted on new facts, itshallmeet allthe requirements for an originalapplication.
C. Approval of the preliminary plat does not constitute an approval of the finalplat,nor is it
a valid
basis for the construction of siteimprovements or other commitments which depend upon its
design characteristics.
D. The preliminary plat shallserve as a key map tofinalplats subsequently laidout insections.
E. If a revisionof the proposed subdivision is found necessary, the preliminary platsshall be revised
accordingly to keep the filesof the Planning Board current.
§ 204-12. Preliminary plat procedure.
A. The submission of a preliminary platshall consistof the following items:
(1) Application for the subdivisionof land.
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(2) The preliminary plat,16 paper prints.
(3) Subdivision application fee.
B. The subdivider shallfilehis complete submission for the preliminary plat,including the application
fee, atthe Office of the Planning Board. A proposed submission which does not include allthe
required drawings and documents willnot be accepted by the Planning Board. A submission shall
be filed21 days prior to the regular meeting of thePlanning Board atwhich the preliminary plat is
to be discussed. The date of the submission of the preliminary platshall be considered to be the
date of such Planning Board meeting.
C. The Office of the Planning Board shall deliverone copy of the preliminary platto the Municipal
Engineer, and the Municipal Engineer shallreport hisevaluation of the tentative drainage plan and
street profilesto the Planning Board.
D. lf thesubdivision fronts on a county road, a copy of the preliminary plat shallbe referred to the
County Department of Public Works under 0 239-k of the General Municipal Law, and/or ifthe
subdivision proposes a new road which intersects with a county or state highway, a copy shallbe
referred to the County Department of Planning under 0 277.61 of the Westchester County
Administrative Code. The Office ofthe Planning Board shalldeliver copies ofthe preliminary plat
and such other materials as may be required 15 days prior to the public hearing.
E. If thesubdivision islocated within the Beaver Swamp Brook - Brentwood Brook watershed, as
defined on the town map, the preliminary platshall be referred to the Westchester County Soil
and Water Conservation Districtfor review and comment pursuant to the Beaver Swamp Brook
Watershed Management Plan. The Office of the Planning Board shall deliver copies of the
preliminary platand such other materialsas may be required 15 days prior to the public hearing.
F. The Planning Board shallhold a public hearing within 45 days ofthe date of submission. The Office
of the Planning Board shall advertise the public hearing at least fivedays prior to the hearing date
as required by 0 276 of Article16 of the Town Law.
G. The Planning Board shall either approve, with or without modifications, or disapprove the
preliminary plat within45 days after the public hearing on such plat.When approving a preliminary
plat,the Planning Board shall state, in writing,the modifications, ifany, deemed necessary for
submission of the finalplat.
204-15. Preliminary plat mapping requirements.
The preliminary plat shall be prepared by a licensed professional engineer or land surveyor in
accordance with and shall show the information noted inthissection.
A. Size and type of drawing.
(1) Sheet size shallbe either:
(a) Twenty-four by eighteen inches;
(b) Thirty-six by twenty-four inches;or
(c) Forty-two by thirtyinches.
(2) The originaldrawing may be done with pencil on vellum tracingpaper, with scaled dimensions
and freehand lettering.
(3)
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The scaleof the drawing shallbe not more than 1oo feet to the inch,and shall be a common
engineering scale.
B. Title block.
(1) Name of proposed subdivision.
(2) Location by postal district.
(3) Name and address of the subdivider.
(4) Name, address, license number and seal of the professional engineer and land surveyor
preparing the drawings.
(5) Total acreage for the entiretract.
(6) Total number of proposed lots.
plat"
(7) "preliminary must show on map.
C. Other notations to be included.
(1) Date of original preparation and of each subsequent revision.
(2) Scale and North point.
(3) Certification by the licensed land surveyor that the topography and boundary shown resulted
from an actual survey and the date of that survey.
D. Key map [at a scaleof 6oo feet to the inch].
(1) Proposed subdivision streets.
(2) Surrounding streets, existingand proposed.
(3) Relationship to nearby highway or collector street.
(4) Any municipal boundary within 500 feetof the premises.
E. Approximate boundaries and owners of adjacent properties and boundaries and names of adjacent
subdivisions.
F. Subdivision boundary line(heavy solidline)and survey data.
G. Other boundary linesto be shown.
(1) Zoning districts.
(2) School districts.
(3) Incorporated villages. f
H. Topographic contours at two-foot intervalsin theUnited States Coast and Geodetic Survey datum
of mean sea level,or where impractical to use a mean sea level datum, an assumed elevation may
be used at the discretion of the Planning Board.
(1) Larger intervals may be used incases where the terrain is unusuallysteep.
(2) Contours shallextend 200 feet beyond the boundaries of the subdivision.
I. Existingsiteconditions to be shown.
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(1) Allstreet rights-of-way on the subdivision and within zoo feet of itsboundaries, giving:
(a) Location, name and width.
(b) Center-line elevation at intersectionsand other critical
points.
(c) Designation whether highways are state,county, town or village.
(d) Proposed state,county, town or villagehighways as of that date.
(2) Other rights-of-way and easements on the subdivision and those within 200 feet of its
boundaries which willinfluence the subdivision design to be shown:
(a) Location, identificationand width.
(b) Restrictions of use, if any.
(3) Alldrainage structures on the subdivision and within zoo feet of itsboundaries, indicating:
(a) Location and type of structure.
(b) Invert elevations and similar data where applicable.
(4) Other utilitystructures, such as water mains and gas mains and power lines,on the
subdivision and those within 2oo feet of itsboundaries which will influence the subdivision
design.
(5) Allmarshes, lakes, ponds, streams, wetlands, land subject to periodic or occasional flooding
and similar features located on the subdivision or within 2oo feet of itsboundaries.
(6) Wooded areas and single trees with a diameter of eightinches or more, measured three feet
above the base of the trunk.
(7) Test hole data.
(a) Date, location and graphic representation of findings for alltest holes, including
groundwater level.
(b) Locations shall include critical points and areas where drainage structures requiring
seepage are to be constructed.
(8) State,county or town parks,schools or other public lands and historic sitesand buildings.
(9) Buildings and structures located on the subdivision and those within 2oo feet of its
boundaries which willinfluence the subdivision design.
J. Proposed site conditions. (See Article IV,Design Standards.) The proposed street and lotlayout
and drainage plan shallcover the entireholding of the subdivider, indicating:
(1) Street layout:
(a) Location, name and right-of-way width.
(b) Center-line elevation at intersectionsand at principal changes in gradient.
(c) Center-line gradient shown in percent slope.
(d) Center-line profileat a scaleof not lessthan one inchequals 50 feet horizontally and one
inch equals fivefeet vertically.
(e) Roadway width.
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(2) Lot layout:
(a) Lot linesand dimensions to the nearest foot.
(b) Identification of lots or parcels for special uses, whether they are to be offered for
dedication or not.
(c) Layout for allreserved parcels, inconformance with existingzoning regulations,shown in
a broken line.
(3) Preliminary stormwater drainage system plan:
(a) Location s, typesand designs of catch basinsand manholes.
(b) Locations, diameters and types of connecting pipes.
(c) Both plan and profile shallbe shown.
(4) Preliminary sanitary sewer system plan:
(a) Locations, types and designs of manholes.
(b) Locations, diameters and types of connecting pipes.
(c) Both plan and profile shallbe shown.
(5) Stormwater retention plan:
(a) Computations of existing and proposed stormwater runoff data for two-, five-,ten-,
fifty-
and one-hundred-year storms.
twenty-five-,
(b) Proposals for water retention and/or control so as not to increase the rate of runoff for
allof the above listedstorms.
(c) For projects proposed within the Beaver Swamp Brook-Brentwood Brook watershed, as
defined on the Town map, computations of existing and future discharge ratesfor the
fifty-and one-hundred-year storm events.
two-, five-,
ten-, twenty-five-,
(d) Proposals for water retention and/or control so as not to increase the rate of runoff for
the storms listed under § 2o4-15J(5)(c) unless waived or modified by the Town
Engineer in consultation with the Westchester County Soil and Water Conservation
District.
(e) Stormwater pollution prevention plan.A stormwater pollution prevention plan (SWPPP)
"
consistent with the requirements of 5 130-7 of this local law shall be required for
preliminary subdivision platapproval. The SWPPP shall meet the performance and
design criteria and standards in 5 130-7 of this local law. The approved preliminary
subdivision platshall be consistent with the provisions of thislocal law.
[Added 12-20-2007 by L.L.No. 6-2007]
[1] Editor'sNote: Thislocallaw refersto LL.No. 6-2oo7. See Ch. 13o, Stormwater
Management and Erosion and Sediment Control.
(6) Integrated plot plan:
(a) indicateexisting and proposed grades on the property.
(b) Indicateexisting trees as required in5 2o4-151(6) and trees to be removed.
(c)
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Show provisions for protection of trees during construction and specialconstruction
details for savingtrees incut and fill
areas.
204-16. Purpose of final plat.
A. The finalplat and supporting material for a proposed subdivision constitute the complete
development of thesubdivision proposal and include any modifications resulting from Planning
Board approval of the preliminary plat as well as the detailed layout drawings for the public
improvements. Upon finalapproval by the Planning Board, this complete submission becomes the
basis forthe construction of the subdivision. The platitselfmust be recorded at the office of the
County Clerk to have legal status.
B. The final
platshall be an accurate survey of the properties resultingfrom the subdivision.
§ 204-17. Final plat procedure.
A. The submission of a finalplatshall consistof the following items:
(1) Application for finalplatapproval.
(2) The finalplat,16 paper prints,includingsigned approval by the County Department of Health.
(3) The drainage and stormwater retention plan,integrated plot plan,erosion control plan,street
profilesand improvement plans,eight paper prints.
(4) Letters directed to the Planning Board and signed by a responsible officialof the electric
power agency and water service agency which have jurisdictioninthe area, assuring provision
of necessary services to the proposed subdivision, if applicable.
(5) Letters,inappropriate cases, directed to the Planning Board, signed by a responsible official
of the State Department of Transportation or the County Department of Public Works,
approving proposed construction on state or county rights-of-way.
(6) Schedule of lotareas for alllotsmeasured accurately to the nearest square foot, three copies.
(7) Offers of dedication for allproperties, including street rights-of-way, to be conveyed to the
municipality, or payment of funds inlieu ofan offer of dedication of park or playground land.
(8) Alleasement agreements shallbe submitted in a form ready for filing.
B. The subdivider shallfilehis complete submission for the finalplat at the Office of the Planning
Board within six months after the date of the approval of the preliminary plat by the Planning
B
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FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 1 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 Town/Village of Harrison, NY Tuesday, April 11,2017 Chapter 204. Subdivision of Land Article I. General Provisions § 204-1. Authority. By authority of the Town Board of the Town of Harrison, pursuant to the provisions of 0 276 of Article 13 of the Town Law, the Town of Harrison Planning Board is hereby authorized and empowered to approve plats for subdivisions, with or without new streets or highways, and to pass and approve the development of platsalready filed. 204-2. Purpose. These regulations are established to require that every person or corporation who as owner or agent subdivides realproperty into lots,plots, blocks or sites,with or without streets, for the purpose of offering such lots,plots, blocks or sites forsale to the public, regardless of how they are conveyed or for what kind of land use they are intended, fileinthe officeof the County Clerk a map thereof. Every such subdivision map of property inthe Town of Harrison before the filingthereof shallhave endorsed, inwriting, on itsface the approval of the Town of Harrison Planning Board. § 204-3. Subdivision policy. The Planning Board declares that these regulations for the subdivision of land for various purposes are promulgated to provide for the orderly growth and coordinated development of the municipality and to assure the comfort, convenience, safety,health and welfare of itspeople, and further, that the approval of such subdivision shallbe based on the following considerations: A. ' Conformance with the various parts of the Master Plan and Zoning Ordinance. [1] Editor'sNote: See Ch. 235, Zoning. B. Recognition of a desirable relationship to the general land form, itstopographic and geologic character, to natural drainage and ecological concerns. C. Recognition of desirable standards of subdivision design for pedestrian and vehicular traffic, surface water runoff,utilityservices and building sitesfor the land use contemplated. D. Encouragement of flexiblesubdivision design to promote the planning objectives of the Master Plan,to realize development and maintenance economies and to provide for a variety of housing types. E. Provision of such facilitiesas are desirable adjuncts to the contemplated use, such as parks, recreation areas, school sites,firehouses and off-streetparking. http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 2 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 F. Preservation of such natural resources and assets as lakes, ponds, streams, marshes, flora,fauna, general scenic beauty and historic features of the municipality. § 204-4. Definitions. As used in this chapter, the following terms shallhave the meanings indicated: CONDITIONAL APPROVAL OF A FINAL PLAT Approval of the final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat.Such conditional approval does not qualify a final plat for recording nor authorize issuance of building permits prior to the signing of the platby a duly authorized officer of the Planning Board and recording of the platin the officeof the County Clerk. CONSERVATION DEVELOPMENT A residential development of land based on an overalldevelopment plan, inaccordance with the ' procedure established in theZoning Ordinance under 0 235-10· CUL-DE-SAC A short dead-end street terminating in a vehicular turnaround area. EASEMENT A restrictionestablished ina real estate deed or other recordable document to permit the use of private land by a publicagency or a public for utility specified purposes or to protect some special qualityof the private land forspecified purposes. EASEMENT, LIMITED ACCESS A restriction established in a realestate deed or other recordable document to control access from private land to publicstreets or other publicareas. FINAL PLAT APPROVAL The signing of a final platby a duly authorized officer of the Planning Board after a resolution granting finalapproval of the plat orafter conditions specified ina resolution granting conditional approval of the platare completed. Such final approval qualifiesthe plat forrecording in theoffice of the County Clerk. LICENSED PROFESSIONAL ENGINEER OR SURVEYOR A person licensed as a professional engineer or licensed as a land surveyor by the State of New York. LOT The unitor units into which land is dividedwith the intention of offering such units for sale,either "Lot" as undeveloped or developed sites,regardless of how they are conveyed. shall mean parcel, plot,siteor any similar term. MASTER PLAN A Comprehensive Plan adopted by the Planning Board for the future growth, protection and development of the municipality, affording adequate facilities for housing, transportation, comfort, convenience, public health,safety and general welfare of itspopulation. OFFICE OF THE PLANNING BOARD For the purpose of receiving applicationsand keeping records, the Municipal Engineer shallbe the Board." "Office of the Planning - PLANNING BOARD http: //ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 3 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 The dulyappointed Planning Board of the municipality. PLAT A. FINAL PLAT A drawing, ink on linenor Mylar, in final form, showing a proposed subdivision containing such additional detailas required by these regulations for a preliminary platand the modifications, ifany, required by the Planning Board at the time of approval of thepreliminary plat,ifsuch preliminary plat has been so approved. B. PRELIMINARY PLAT PLAT," A drawing clearlymarked "PRELIMINARY prepared ina manner prescribed by these regulations, showing the layout of a proposed subdivision, includingbut not restrictedto road and lot layout, lot sizeand area and approximate dimensions, key plan, topography and drainage, allproposed facilities, including preliminary plans and profiles,at a scale and detail prescribed by these regulations. SKETCH PLAN A sketch of a proposed subdivision showing the information specified in 5 2o4-10 of these regulations to enable the subdivider to save time and expense inreaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations. STREETS AND HIGHWAYS A. COLLECTOR STREET A street, generallyserving several subdivisions or a comparable low-density area,designed to have considerable continuity and to accommodate low to moderate speeds and low to medium trafficvolumes and intended to channel trafficfrom localstreets to highways. B. EXPRESSWAY or THOROUGHFARE A highway, usually under the jurisdiction of the county or state, designed to have extensive continuity and to accommodate moderate to high speeds and moderate to heavy traffic volumes and intended to connect important centers of development or through traffic. C. LOCAL STREET A street,usually within a subdivision,designed to have limited continuity and to accommodate low speeds and very low trafficvolumes and intended solelyto provide access to abutting properties within a limited area. D. MARGINAL ROAD A street, within a subdivision, located on a separate right-of-way paralleland adjacent to a highway designed to provide access to abutting properties without interrupting highway trafficexcept at widelyspaced access points. SUBDIVIDER Any person, firm, corporation, partnership or association who shalllay out any subdivision or part thereof, as defined herein, either for himself or others inwhich latter case their names shall also appear on the application for subdivision. SUBDIVISION A. MAJOR SUBDIVISION A division of land into two or more lots for immediate or future sales or for building development in such a way asto require one or more new streets to be constructed, or a division of land intofive or more lotsalong an existing street or highway. http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 4 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 B. MINOR SUBDIVISION A division of land into fewer than five lots along an existing public road in such a way asto require no new streets to be constructed. ZONING ORDINANCE The Town of Harrison Zoning Ordinance of 1974 (recodified in1986) and allamendments thereto. X [Added 1-8-1992] [1] Editor'sNote:See Ch. 235, Zoning. [2] Editor'sNote: See Ch 235, Zoning. Article II. Subdivision Procedure § 204-5. General outline. A. Sketch plan. (1) The subdivider familiarizes himself with these subdivision regulations and the Zoning 'l Ordinance. These are availableat the officeof the Municipal Clerk. [1] Editor'sNote: See Ch. 235, Zòning. (2) The subdivider submits a sketch plan to the Office of the Planning Board. (3) Planning Board approves, disapproves or modifies the sketch plan and classifies itas a minor or major subdivision at a regular meeting attended by the subdivider or hisrepresentative. B. Major subdivision. (1) The subdivider submits the preliminary plat,together with the fee and supporting material, including topographic map and road and drainage profiles, to the Office of the Planning Board. (2) The Planning Board holds a publichearing, as required by law, on the preliminary plat. (3) The Planning Board either approves, with or without modification, or disapproves the preliminary plat. (4) The subdivider submits the finalplat,together with supporting material, to the Office of the Planning Board. (5) The Planning Board may hold a public hearing or waive such public hearing on the final plat if itis deemed to be in substantialagreement with approved preliminary plat. (6) The Planning Board may either conditionally approve, with or without modifications, disapprove or grant finalapproval and authorize the signing of the finalplat. (7) The Planning Board advises the subdivider of required public improvements, park dedication provisions and bond amount. (8) The subdivider posts a performance bond guaranty of the installationof required public improvements or furnishes proof of the satisfactorycompletion of the same. (9) The subdivider pays the inspection fee, and in cases where the Planning Board finds that itis in thebest interestof the municipality to waive the dedication of land forpark purposes, pays the park fee. http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 5 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 (10) The Planning Board Chairman or Vice Chairman signs finalplat. (11) The subdivider filesthe finalplatin the officeof the County Clerk. (12) The Building Inspector issues building permits upon proper application by the subdivider. (13) The subdivider constructs required public improvements under inspection of the Municipal Engineer. (14) The subdivider requests release of bond after completion of required public improvements, and the subdivider shallpost a maintenance bond. (15) The Planning Board may permit the subdivider to install the required improvements without posting a bond. In thatcase, the procedure is the same as thatoutlined above, except that no building permit willbe issued until completion of such improvements and: (a) Instead of posting a performance bond, a subdivider installs required public improvements within a period of time established by the Planning Board, subject to the same inspection fee and procedure as thatset forth for public improvements under the performance bond procedure, and the subdivider willbe required to obtain an excavation and regrading permit and post a restoration bond. (b) Before the Chairman or Vice Chairman signs the finalplat,the subdivider must complete allimprovements to the satisfaction of the Municipal Engineer. C. Resubdivision. (1) For resubdivision of already filedunimproved final plats,the procedure shallbe the same as outlined above. (2) If thefiledfinalplatdoes not conform with these standards and does not have Planning Board approval, itshallbe processed as a new subdivision proposal. D. Minor subdivision. (1) The subdivider submits the minor subdivision plat,together with supporting material, to the Office of the Planning Board. (2) The Planning Board approves or disapproves the minor subdivision platat a regular meeting after public hearing as required by law. § 204-6. General procedures. A. [Amended 7-12-2000 by L.L.No. 2-200o] Every application or submission to the Planning Board, whether for approval of a sketch plan, site plan, preliminary plat or final plat or for a special exception permit or use permit or otherwise, shallbe accompanied by: (1) A letter from the applicant, which shall state whether or nor the submission isin total ² conformance with the Zoning Ordinance, the Freshwater Wetlands Protection Law, the subdivision regulations, the Master Plan and alllaws of the Town of Harrison and of all applicable laws of the County of Westchester and of the State of New York; and ifthe submission isnot in such total conformance, the lettershall state in detaileach and every item inthe submission which is notin conformance; [1] Editor'sNote: See Ch. as,Zoning. [2] Editor'sNote: See Ch- 149, Freshwater Wetlands. http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 6 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 (2) A copy of the deed of the property to be subdivided that was in the filed County Clerk'soffice showing the current ownership; and (3) A recent titlereport or abstract of title issued by a titleinsurance company, abstract company or an attorney showing allcovenants and restrictionson the property to be subdivided. B. Any statement or indication of nonconformity which is made on a plator plan or other document which is partof the submission shall not substitute for the requirement that the applicant's letter must detaileach and every item in thesubmission which is notin conformance. C. In the event that the applicant shall failto set forth any item which isnot in such required conformance, the submission shall be deemed to be incomplete and any approval of the submission or any approving action which may be taken by the Planning Board shall be nulland void and any subsequent actions taken by any agency or employee of the Town of Harrison, including but not limited to the issuance of a buildingpermit, shall likewisebe nulland void. D. As part of the application or submission procedure, the applicant shall completely fill out the application form that shall be required by the Planning Board, and no application or submission shallbe entertained by the Planning Board if theapplication form is incomplete. 204-7. Purpose of sketch plan. The sketch plan shallbe required to determine if thesubdivision shallbe processed as either a minor or major subdivision and to enable the subdivider to save time and expense in reaching a general agreement with the Planning Board as to form the layout and objectives of these subdivision regulations. 204-11. Purpose of preliminary plat. A. The preliminary platand supporting material for the proposed subdivision constitute the material to be officiallysubmitted to the Planning Board. They show the general design of the subdivision and itspublic improvements to the extent necessary for the Planning Board, afterholding a public hearing, to indicate to the subdivider that the proposal iseither approved, with or without modifications, and thus serve as a basisfor detailed design of the finalplat,or is disapproved. B. Where the application has been denied by the Board, a new application cannot be submitted for at least six months, unless new pertinent facts are presented. Where such a new application is submitted on new facts, itshallmeet allthe requirements for an originalapplication. C. Approval of the preliminary plat does not constitute an approval of the finalplat,nor is it a valid basis for the construction of siteimprovements or other commitments which depend upon its design characteristics. D. The preliminary plat shallserve as a key map tofinalplats subsequently laidout insections. E. If a revisionof the proposed subdivision is found necessary, the preliminary platsshall be revised accordingly to keep the filesof the Planning Board current. § 204-12. Preliminary plat procedure. A. The submission of a preliminary platshall consistof the following items: (1) Application for the subdivisionof land. http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 7 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 (2) The preliminary plat,16 paper prints. (3) Subdivision application fee. B. The subdivider shallfilehis complete submission for the preliminary plat,including the application fee, atthe Office of the Planning Board. A proposed submission which does not include allthe required drawings and documents willnot be accepted by the Planning Board. A submission shall be filed21 days prior to the regular meeting of thePlanning Board atwhich the preliminary plat is to be discussed. The date of the submission of the preliminary platshall be considered to be the date of such Planning Board meeting. C. The Office of the Planning Board shall deliverone copy of the preliminary platto the Municipal Engineer, and the Municipal Engineer shallreport hisevaluation of the tentative drainage plan and street profilesto the Planning Board. D. lf thesubdivision fronts on a county road, a copy of the preliminary plat shallbe referred to the County Department of Public Works under 0 239-k of the General Municipal Law, and/or ifthe subdivision proposes a new road which intersects with a county or state highway, a copy shallbe referred to the County Department of Planning under 0 277.61 of the Westchester County Administrative Code. The Office ofthe Planning Board shalldeliver copies ofthe preliminary plat and such other materials as may be required 15 days prior to the public hearing. E. If thesubdivision islocated within the Beaver Swamp Brook - Brentwood Brook watershed, as defined on the town map, the preliminary platshall be referred to the Westchester County Soil and Water Conservation Districtfor review and comment pursuant to the Beaver Swamp Brook Watershed Management Plan. The Office of the Planning Board shall deliver copies of the preliminary platand such other materialsas may be required 15 days prior to the public hearing. F. The Planning Board shallhold a public hearing within 45 days ofthe date of submission. The Office of the Planning Board shall advertise the public hearing at least fivedays prior to the hearing date as required by 0 276 of Article16 of the Town Law. G. The Planning Board shall either approve, with or without modifications, or disapprove the preliminary plat within45 days after the public hearing on such plat.When approving a preliminary plat,the Planning Board shall state, in writing,the modifications, ifany, deemed necessary for submission of the finalplat. 204-15. Preliminary plat mapping requirements. The preliminary plat shall be prepared by a licensed professional engineer or land surveyor in accordance with and shall show the information noted inthissection. A. Size and type of drawing. (1) Sheet size shallbe either: (a) Twenty-four by eighteen inches; (b) Thirty-six by twenty-four inches;or (c) Forty-two by thirtyinches. (2) The originaldrawing may be done with pencil on vellum tracingpaper, with scaled dimensions and freehand lettering. (3) http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 8 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 The scaleof the drawing shallbe not more than 1oo feet to the inch,and shall be a common engineering scale. B. Title block. (1) Name of proposed subdivision. (2) Location by postal district. (3) Name and address of the subdivider. (4) Name, address, license number and seal of the professional engineer and land surveyor preparing the drawings. (5) Total acreage for the entiretract. (6) Total number of proposed lots. plat" (7) "preliminary must show on map. C. Other notations to be included. (1) Date of original preparation and of each subsequent revision. (2) Scale and North point. (3) Certification by the licensed land surveyor that the topography and boundary shown resulted from an actual survey and the date of that survey. D. Key map [at a scaleof 6oo feet to the inch]. (1) Proposed subdivision streets. (2) Surrounding streets, existingand proposed. (3) Relationship to nearby highway or collector street. (4) Any municipal boundary within 500 feetof the premises. E. Approximate boundaries and owners of adjacent properties and boundaries and names of adjacent subdivisions. F. Subdivision boundary line(heavy solidline)and survey data. G. Other boundary linesto be shown. (1) Zoning districts. (2) School districts. (3) Incorporated villages. f H. Topographic contours at two-foot intervalsin theUnited States Coast and Geodetic Survey datum of mean sea level,or where impractical to use a mean sea level datum, an assumed elevation may be used at the discretion of the Planning Board. (1) Larger intervals may be used incases where the terrain is unusuallysteep. (2) Contours shallextend 200 feet beyond the boundaries of the subdivision. I. Existingsiteconditions to be shown. http: //ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 9 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 (1) Allstreet rights-of-way on the subdivision and within zoo feet of itsboundaries, giving: (a) Location, name and width. (b) Center-line elevation at intersectionsand other critical points. (c) Designation whether highways are state,county, town or village. (d) Proposed state,county, town or villagehighways as of that date. (2) Other rights-of-way and easements on the subdivision and those within 200 feet of its boundaries which willinfluence the subdivision design to be shown: (a) Location, identificationand width. (b) Restrictions of use, if any. (3) Alldrainage structures on the subdivision and within zoo feet of itsboundaries, indicating: (a) Location and type of structure. (b) Invert elevations and similar data where applicable. (4) Other utilitystructures, such as water mains and gas mains and power lines,on the subdivision and those within 2oo feet of itsboundaries which will influence the subdivision design. (5) Allmarshes, lakes, ponds, streams, wetlands, land subject to periodic or occasional flooding and similar features located on the subdivision or within 2oo feet of itsboundaries. (6) Wooded areas and single trees with a diameter of eightinches or more, measured three feet above the base of the trunk. (7) Test hole data. (a) Date, location and graphic representation of findings for alltest holes, including groundwater level. (b) Locations shall include critical points and areas where drainage structures requiring seepage are to be constructed. (8) State,county or town parks,schools or other public lands and historic sitesand buildings. (9) Buildings and structures located on the subdivision and those within 2oo feet of its boundaries which willinfluence the subdivision design. J. Proposed site conditions. (See Article IV,Design Standards.) The proposed street and lotlayout and drainage plan shallcover the entireholding of the subdivider, indicating: (1) Street layout: (a) Location, name and right-of-way width. (b) Center-line elevation at intersectionsand at principal changes in gradient. (c) Center-line gradient shown in percent slope. (d) Center-line profileat a scaleof not lessthan one inchequals 50 feet horizontally and one inch equals fivefeet vertically. (e) Roadway width. http://ecode360,corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 10 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 (2) Lot layout: (a) Lot linesand dimensions to the nearest foot. (b) Identification of lots or parcels for special uses, whether they are to be offered for dedication or not. (c) Layout for allreserved parcels, inconformance with existingzoning regulations,shown in a broken line. (3) Preliminary stormwater drainage system plan: (a) Location s, typesand designs of catch basinsand manholes. (b) Locations, diameters and types of connecting pipes. (c) Both plan and profile shallbe shown. (4) Preliminary sanitary sewer system plan: (a) Locations, types and designs of manholes. (b) Locations, diameters and types of connecting pipes. (c) Both plan and profile shallbe shown. (5) Stormwater retention plan: (a) Computations of existing and proposed stormwater runoff data for two-, five-,ten-, fifty- and one-hundred-year storms. twenty-five-, (b) Proposals for water retention and/or control so as not to increase the rate of runoff for allof the above listedstorms. (c) For projects proposed within the Beaver Swamp Brook-Brentwood Brook watershed, as defined on the Town map, computations of existing and future discharge ratesfor the fifty-and one-hundred-year storm events. two-, five-, ten-, twenty-five-, (d) Proposals for water retention and/or control so as not to increase the rate of runoff for the storms listed under § 2o4-15J(5)(c) unless waived or modified by the Town Engineer in consultation with the Westchester County Soil and Water Conservation District. (e) Stormwater pollution prevention plan.A stormwater pollution prevention plan (SWPPP) " consistent with the requirements of 5 130-7 of this local law shall be required for preliminary subdivision platapproval. The SWPPP shall meet the performance and design criteria and standards in 5 130-7 of this local law. The approved preliminary subdivision platshall be consistent with the provisions of thislocal law. [Added 12-20-2007 by L.L.No. 6-2007] [1] Editor'sNote: Thislocallaw refersto LL.No. 6-2oo7. See Ch. 13o, Stormwater Management and Erosion and Sediment Control. (6) Integrated plot plan: (a) indicateexisting and proposed grades on the property. (b) Indicateexisting trees as required in5 2o4-151(6) and trees to be removed. (c) http://ecode360.corn/print/HA0224?guid=8313118,8313119,8313120,8313127,8313154,8... 4/11/2017 FILED: WESTCHESTER COUNTY CLERK 01/05/2018 05:32 PM INDEX NO. 50226/2018 Town/Village of Harrison, NY Page 11 of 22 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/05/2018 Show provisions for protection of trees during construction and specialconstruction details for savingtrees incut and fill areas. 204-16. Purpose of final plat. A. The finalplat and supporting material for a proposed subdivision constitute the complete development of thesubdivision proposal and include any modifications resulting from Planning Board approval of the preliminary plat as well as the detailed layout drawings for the public improvements. Upon finalapproval by the Planning Board, this complete submission becomes the basis forthe construction of the subdivision. The platitselfmust be recorded at the office of the County Clerk to have legal status. B. The final platshall be an accurate survey of the properties resultingfrom the subdivision. § 204-17. Final plat procedure. A. The submission of a finalplatshall consistof the following items: (1) Application for finalplatapproval. (2) The finalplat,16 paper prints,includingsigned approval by the County Department of Health. (3) The drainage and stormwater retention plan,integrated plot plan,erosion control plan,street profilesand improvement plans,eight paper prints. (4) Letters directed to the Planning Board and signed by a responsible officialof the electric power agency and water service agency which have jurisdictioninthe area, assuring provision of necessary services to the proposed subdivision, if applicable. (5) Letters,inappropriate cases, directed to the Planning Board, signed by a responsible official of the State Department of Transportation or the County Department of Public Works, approving proposed construction on state or county rights-of-way. (6) Schedule of lotareas for alllotsmeasured accurately to the nearest square foot, three copies. (7) Offers of dedication for allproperties, including street rights-of-way, to be conveyed to the municipality, or payment of funds inlieu ofan offer of dedication of park or playground land. (8) Alleasement agreements shallbe submitted in a form ready for filing. B. The subdivider shallfilehis complete submission for the finalplat at the Office of the Planning Board within six months after the date of the approval of the preliminary plat by the Planning B