In order that land subdivision may be made in accordance with the policy set forth in § 250-2, these regulations, which shall be known as and which may be cited as the "Town of Greenburgh Land Subdivision Regulations," are hereby adopted.
A.
Land to be subdivided shall be of such character that
it can be used safely for building and development purposes without
danger to health or peril from fire, flood or other hazard; proper
provision shall be made for drainage, water supply, sewerage and other
needed improvements; all proposed lots and streets shall be so laid
out as to be in harmony with the development pattern of the neighboring
properties; and the proposed streets shall comprise a convenient system
conforming to the Official Map, shall be properly related to the proposed
systems shown on such portions of the Town Plan as may be in existence
at any time and shall be of such length, width, grade and location
as to accommodate the prospective traffic, to afford adequate light
and air, to facilitate fire protection, to facilitate snow removal,
to provide access of fire-fighting equipment to buildings, to assure
traffic safety, to assure that provision shall be made for open spaces
for parks and playgrounds and so that all environmental considerations
are complied with.
B.
Westchester County Greenway Compact Plan. By Local
Law No. 12 of the Year 2007, the Town of Greenburgh has adopted the
Westchester County Greenway Compact Plan, as amended from time to
time, as a statement of policies, principles, and guides to supplement
other established land use policies in the Town of Greenburgh. In
its discretionary actions under this subdivision code, the reviewing
agency should take into consideration said statement of policies,
principles and guides, as appropriate.
[Added 10-10-2007 by L.L. No. 12-2007]
For the purpose of these regulations, certain
words and terms used herein shall be defined as follows, and, unless
the context clearly indicates to the contrary, the singular shall
include the plural and the masculine gender shall include the feminine
and neuter genders.
American Associations of State Highway and Transportation
Officials.
[Added 6-5-2007 by L.L. No. 5-2007]
Bond posted by the subdivider to guarantee to the Town that
he will maintain or cause to be maintained, in good and working condition
for a fixed period of time, the required public improvements which
are installed as a condition of the final subdivision approval.
Bond posted by the subdivider to guarantee to the Town that
he will construct or cause to be constructed, within a set period
of time, the required public improvements and utilities that are an
integral part of the final subdivision approval, in conformance in
all respects to the Subdivision Regulations and any special conditions
set by the Planning Board.
The Building Inspector of the Town of Greenburgh.
Land occupied or which could legally be occupied by a building
and its accessory buildings or uses, together with such open spaces
as are required by the Zoning Ordinance[1], having principal frontage on a street or on other means
of access to a street as may be determined in accordance with the
applicable provisions of law to be adequate as a condition for the
issuance of a permit to construct a building on such land.
As defined by AASHTO, a street that connects principal or
minor arterials to residential, retail, office and other developed
neighborhoods. Collector streets may enter a residential neighborhood.
[Amended 6-5-2007 by L.L. No. 5-2007]
A street or a portion of a street with only one vehicular
traffic outlet (also "cul-de-sac").
The Department of Public Works of the Town of Greenburgh,
unless otherwise stated.
Authorization by a property owner for the use by another,
and for a specified purpose or purposes, of any designated part of
his property.
A person licensed as a professional engineer by the State
of New York.
As defined by AASHTO, a street that serves travel within
developments and permits direct access to all abutting lands. Any
street which is not a principal arterial, minor arterial or collector
street.
[Added 6-5-2007 by L.L. No. 5-2007[2]]
As defined by AASHTO, a street that interconnects with and
augments the principal arterial system and accommodates trips of moderate
lengths at a lower level of travel mobility and generally does not
enter residential neighborhoods.
[Added 6-5-2007 by L.L. No. 5-2007]
The map established by the Town Board under § 270
of the Town Law, showing the streets, highways, drainage systems and
parks theretofore laid out, adopted and established by law, and any
amendments thereto resulting from the approval of subdivision plats
by the Planning Board and the subsequent filing of such approved plats.
The Planning Board of the Town of Greenburgh.
A preliminary drawing or drawings indicating the proposed
manner of layout of the subdivision to be submitted to the Planning
Board for its consideration.
As defined by AASHTO, a street that carries most of the trips
entering and leaving the Town as well as significant intra-area travel,
including important bus routes, expressways, parkways and interstates.
[Added 6-5-2007 by L.L. No. 5-2007]
A change of a recorded subdivision plan if any such change
affects any street layout shown on such plat or area reserved thereon
for public use or any change of a lot line; or any change if it affects
any map or plan legally recorded prior to the granting of subdivision
review authority to the Planning Board.
A sketch of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the Board as to the form of the preliminary plat and objectives of these regulations. (See § 250-22.)
A public or private thoroughfare, however designated, which
affords legal access to abutting property.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines, measured at right angles
to the center line of the street.
Any person, firm, corporation, partnership or association
who or which shall lay out, for the purpose of sale or development,
any subdivision or part thereof as defined herein, either for himself,
itself or others.
The division of any parcel of land into two or more lots
or other divisions of land for the purpose, whether immediate or future,
of transfer of ownership or building development, with or without
streets or highways, and in conformity with state law. "Subdivision"
shall include "resubdivision."
The final map or drawing on which the subdivider's plan of
subdivision is presented to the Planning Board for approval and which,
if approved, shall be submitted to the County Clerk for recording.
A person licensed as a land surveyor by the State of New
York.
The unincorporated area of the Town of Greenburgh, Westchester
County, New York.
The Town Board of the Town of Greenburgh.
The duly designated Engineer of the Town of Greenburgh.
The comprehensive plan for development of the Town, prepared
by the Planning Board pursuant to § 272-a of the Town Law,
which indicates the general locations recommended for various public
works, places and structures and for the general physical development
of the Town, and including any part of such plan separately adopted.
