A.
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 public hearing, 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 final plat, 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 it is deemed to be in substantial
agreement with approved preliminary plat.
(6)
The Planning Board may either conditionally approve,
with or without modifications, disapprove or grant final approval
and authorize the signing of the final plat.
(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 installation of required public improvements or furnishes proof
of the satisfactory completion of the same.
(9)
The subdivider pays the inspection fee, and in cases
where the Planning Board finds that it is in the best interest of
the municipality to waive the dedication of land for park purposes,
pays the park fee.
(10)
The Planning Board Chairman or Vice Chairman signs
final plat.
(11)
The subdivider files the final plat in the office
of 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 shall post a maintenance
bond.
(15)
The Planning Board may permit the subdivider to install
the required improvements without posting a bond. In that case, the
procedure is the same as that outlined above, except that no building
permit will be 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 that set forth for public improvements under the performance bond
procedure, and the subdivider will be required to obtain an excavation
and regrading permit and post a restoration bond.
(b)
Before the Chairman or Vice Chairman signs the
final plat, the subdivider must complete all improvements to the satisfaction
of the Municipal Engineer.
A.
[Amended 7-12-2000 by L.L. No. 2-2000] 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,
shall be accompanied by:
(1)
A letter from the applicant, which shall state whether
or nor the submission is in total conformance with the Zoning Ordinance,[1] the Freshwater Wetlands Protection Law,[2] the subdivision regulations, the Master Plan and all laws
of the Town of Harrison and of all applicable laws of the County of
Westchester and of the State of New York; and if the submission is
not in such total conformance, the letter shall state in detail each
and every item in the submission which is not in conformance;
(2)
A copy of the deed of the property to be subdivided
that was filed in the County Clerk's office showing the current ownership;
and
(3)
A recent title report or abstract of title issued
by a title insurance company, abstract company or an attorney showing
all covenants and restrictions on the property to be subdivided.
B.
Any statement or indication of nonconformity which
is made on a plat or plan or other document which is part of the submission
shall not substitute for the requirement that the applicant's letter
must detail each and every item in the submission which is not in
conformance.
C.
In the event that the applicant shall fail to set
forth any item which is not 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 null and 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 building permit, shall likewise be null and 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
shall be entertained by the Planning Board if the application form
is incomplete.
The sketch plan shall be required to determine
if the subdivision shall be 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.
A.
Any owner of land shall, as a first step prior to subdividing or resubdividing land, submit to the Office of the Planning Board, at least 21 days prior to the regular meeting of the Planning Board at which the sketch plan is to be discussed, 16 copies of a sketch plan of the proposed subdivision, which shall comply with the standards set forth in Article VI, Design Standards, together with an application fee for sketch plan review for the proposed minor subdivision or major subdivision in accordance with § 237 of the Town Code. Such fee shall be confirmed as appropriate pursuant to Subsection C herein.
[Amended 1-8-1992; 2-21-2007 by L.L. No. 1-2007]
B.
The subdivider or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the requirements
of these subdivision regulations for street improvements, drainage,
sewerage, water supply, fire protection, natural features and resources
protection and similar aspects, as well as the availability of existing
services and other pertinent information.
C.
The Planning Board shall determine whether the subdivision
is a minor or major subdivision, as defined in these subdivision regulations.
D.
The Planning Board may require, when it deems it necessary
for the protection of the public health, safety and welfare, that
a minor subdivision comply with all or some of the requirements specified
for major subdivisions.
E.
The Planning Board shall determine whether the sketch
plan meets the purpose of these subdivision regulations and shall,
where it deems it necessary, make specific recommendations, which
may be oral or in writing, to be incorporated by the applicant in
the next submission to the Planning Board.
Planning Board classification of a subdivision
and approval of the sketch plan shall expire six months after the
date of such formal action unless a proper application for a minor
or major subdivision has been submitted to the Planning Board. No
further Planning Board action will be taken after such expiration
until a new sketch plan has been submitted.
The sketch plan shall be based on Tax Map information
or land survey and other available data, at a scale not less than
200 feet to the inch, to enable the entire tract to be shown on one
sheet. The sketch plan shall be submitted showing the following information:
A.
The location of sections to be subdivided and their
priority in relation to the entire subdivision tract, and the distance
to the nearest existing street intersection.
B.
All existing structures, wooded areas, marshes, lakes,
ponds, streams, wetlands and other significant physical features,
including contours of not more than ten-foot intervals in the subdivision
and within 200 feet of its boundaries.
C.
The name of the landowner and subdivider, including
members of any corporation or similar agency; and the name of all
adjoining property owners as disclosed by the most recent municipal
tax records.
D.
The Tax Map sheet, block and lot numbers, if available,
or signed land survey.
E.
All utilities available, and all streets which are
either proposed, mapped or built.
F.
The proposed pattern of lots, including typical lot
width and depth, street layout, recreation areas, systems of drainage,
sewerage and water supply within the subdivided area.
G.
All existing restrictions on the use of land, including
easements, covenants or zoning district lines.
A.
The preliminary plat and supporting material for the
proposed subdivision constitute the material to be officially submitted
to the Planning Board. They show the general design of the subdivision
and its public improvements to the extent necessary for the Planning
Board, after holding a public hearing, to indicate to the subdivider
that the proposal is either approved, with or without modifications,
and thus serve as a basis for detailed design of the final plat, 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, it shall meet all the requirements for an
original application.
C.
Approval of the preliminary plat does not constitute
an approval of the final plat, nor is it a valid basis for the construction
of site improvements or other commitments which depend upon its design
characteristics.
D.
The preliminary plat shall serve as a key map to final
plats subsequently laid out in sections.
E.
If a revision of the proposed subdivision is found
necessary, the preliminary plats shall be revised accordingly to keep
the files of the Planning Board current.
B.
The subdivider shall file his complete submission
for the preliminary plat, including the application fee, at the Office
of the Planning Board. A proposed submission which does not include
all the required drawings and documents will not be accepted by the
Planning Board. A submission shall be filed 21 days prior to the regular
meeting of the Planning Board at which the preliminary plat is to
be discussed. The date of the submission of the preliminary plat shall
be considered to be the date of such Planning Board meeting.
C.
The Office of the Planning Board shall deliver one
copy of the preliminary plat to the Municipal Engineer, and the Municipal
Engineer shall report his evaluation of the tentative drainage plan
and street profiles to the Planning Board.
D.
If the subdivision fronts on a county road, a copy
of the preliminary plat shall be referred to the County Department
of Public Works under § 239-k of the General Municipal Law,
and/or if the subdivision proposes a new road which intersects with
a county or state highway, a copy shall be referred to the County
Department of Planning under § 277.61 of the Westchester
County Administrative Code. The Office of the Planning Board shall
deliver copies of the preliminary plat and such other materials as
may be required 15 days prior to the public hearing.
E.
If the subdivision is located within the Beaver Swamp
Brook — Brentwood Brook watershed, as defined on the town map,
the preliminary plat shall be referred to the Westchester County Soil
and Water Conservation District for review and comment pursuant to
the Beaver Swamp Brook Watershed Management Plan. The Office of the
Planning Board shall deliver copies of the preliminary plat and such
other materials as may be required 15 days prior to the public hearing.
F.
The Planning Board shall hold a public hearing within
45 days of the date of submission. The Office of the Planning Board
shall advertise the public hearing at least five days prior to the
hearing date as required by § 276 of Article 16 of the Town
Law.
G.
The Planning Board shall either approve, with or without
modifications, or disapprove the preliminary plat within 45 days after
the public hearing on such plat. When approving a preliminary plat,
the Planning Board shall state, in writing, the modifications, if
any, deemed necessary for submission of the final plat.
[Amended 1-8-1992; 2-21-2007 by L.L. No. 1-2007]
Each application for preliminary subdivision approval shall be accompanied by an application fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code. At the time of submittal for a final subdivision approval, the applicant shall pay an application fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
Planning Board approval of a preliminary plat
shall expire six months after the date of such formal action unless
a proper application for approval of the final plat has been submitted
to the Planning Board prior thereto. If the subdivision is to be platted
in sections, the approval of the preliminary plat shall expire in
the event that the second section and the remaining sections are not
submitted within a reasonable period of time, in the judgment of the
Planning Board. No Planning Board action will be taken after such
expirations until new applications and filing fees are submitted.
The preliminary plat shall be prepared by a
licensed professional engineer or land surveyor in accordance with
and shall show the information noted in this section.
A.
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 entire tract.
(6)
Total number of proposed lots.
(7)
"preliminary plat" must show on map.
E.
Approximate boundaries and owners of adjacent properties
and boundaries and names of adjacent subdivisions.
F.
Subdivision boundary line (heavy solid line) and survey
data.
H.
Topographic contours at two-foot intervals in the
United 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.
I.
Existing site conditions to be shown.
(1)
All street rights-of-way on the subdivision and within
200 feet of its boundaries, giving:
(4)
Other utility structures, such as water mains and
gas mains and power lines, on the subdivision and those within 200
feet of its boundaries which will influence the subdivision design.
(5)
All marshes, lakes, ponds, streams, wetlands, land
subject to periodic or occasional flooding and similar features located
on the subdivision or within 200 feet of its boundaries.
(6)
Wooded areas and single trees with a diameter of eight
inches or more, measured three feet above the base of the trunk.
(8)
State, county or town parks, schools or other public
lands and historic sites and buildings.
(9)
Buildings and structures located on the subdivision
and those within 200 feet of its boundaries which will influence the
subdivision design.
J.
Proposed site conditions. (See Article IV, Design Standards.) The proposed street and lot layout and drainage plan shall cover the entire holding of the subdivider, indicating:
(1)
Street layout:
(a)
Location, name and right-of-way width.
(b)
Center-line elevation at intersections and at
principal changes in gradient.
(c)
Center-line gradient shown in percent slope.
(d)
Center-line profile at a scale of not less than
one inch equals 50 feet horizontally and one inch equals five feet
vertically.
(e)
Roadway width.
(5)
Stormwater retention plan:
(a)
Computations of existing and proposed stormwater
runoff data for two-, five-, ten-, twenty-five-, fifty- and one-hundred-year
storms.
(b)
Proposals for water retention and/or control
so as not to increase the rate of runoff for all of the above listed
storms.
(c)
For projects proposed within the Beaver Swamp
Brook-Brentwood Brook watershed, as defined on the Town map, computations
of existing and future discharge rates for the two-, five-, ten-,
twenty-five-, fifty- and one-hundred-year storm events.
(d)
Proposals for water retention and/or control so as not to increase the rate of runoff for the storms listed under § 204-15J(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 § 130-7 of this local law[1] shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 130-7 of this local law. The approved preliminary subdivision plat shall be consistent with the provisions of this local law.
[Added 12-20-2007 by L.L. No. 6-2007]
(6)
Integrated plot plan:
(a)
Indicate existing and proposed grades on the
property.
(b)
Indicate existing trees as required in § 204-15I(6) and trees to be removed.
(c)
Show provisions for protection of trees during
construction and special construction details for saving trees in
cut and fill areas.
A.
The final plat and supporting material for a proposed
subdivision constitute the complete development of the subdivision
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 final approval by the Planning Board,
this complete submission becomes the basis for the construction of
the subdivision. The plat itself must be recorded at the office of
the County Clerk to have legal status.
B.
The final plat shall be an accurate survey of the
properties resulting from the subdivision.
A.
The submission of a final plat shall consist of the
following items:
(1)
Application for final plat approval.
(2)
The final plat, 16 paper prints, including signed
approval by the County Department of Health.
(3)
The drainage and stormwater retention plan, integrated
plot plan, erosion control plan, street profiles and improvement plans,
eight paper prints.
(4)
Letters directed to the Planning Board and signed
by a responsible official of the electric power agency and water service
agency which have jurisdiction in the area, assuring provision of
necessary services to the proposed subdivision, if applicable.
(5)
Letters, in appropriate 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 lot areas for all lots measured accurately
to the nearest square foot, three copies.
(7)
Offers of dedication for all properties, including
street rights-of-way, to be conveyed to the municipality, or payment
of funds in lieu of an offer of dedication of park or playground land.
(8)
All easement agreements shall be submitted in a form
ready for filing.
B.
The subdivider shall file his complete submission
for the final plat at the Office of the Planning Board within six
months after the date of the approval of the preliminary plat by the
Planning Board. A proposed submission which does not include all the
required drawings and documents will not be accepted by the Planning
Board. A submission shall be filed at least 21 days prior to the regular
meeting of the Planning Board at which the final plat is to be discussed.
The date of the submission of the final plat shall be considered to
be the date of such Planning Board meeting.
C.
The Office of the Planning Board shall deliver one
copy of the final plat, together with two copies each of the drainage
plan, grading plan, street profiles and other technical data to the
Municipal Engineer, and the Municipal Engineer shall report his approval
to the Planning Board by returning one signed copy of his approval,
or if disapproved, a written statement indicating the reasons for
his disapproval.
D.
For a project within the Beaver Swamp Brook —
Brentwood Brook watershed, as indicated on the town map, the Municipal
Engineer shall consult with the Westchester County Soil and Water
Conservation District prior to reporting his approval or disapproval
to the Planning Board.
E.
The Municipal Engineer shall prepare a performance
bond estimate and shall deliver the same to the Planning Board, along
with his approval of the drainage plan, street profiles, grading plan
and other technical submittals.
F.
The Planning Board may hold a public hearing on the
final plat or may waive such public hearing if the final plat is deemed
to be in substantial agreement with the approved preliminary plat.
G.
If the final plat is not in substantial agreement
with the approved preliminary plat, and a public hearing is to be
held and if the subdivision fronts on a county road, a copy of the
final plat shall be referred to the County Department of Public Works
under § 239-k of the General Municipal Law and/or if the
subdivision proposes a new road which interacts with a county or state
highway, a copy shall be referred to the County Department of Planning
under § 277.61 of the Westchester County Administrative
Code. The Office of the Planning Board shall deliver copies of the
final plat and such other materials as may be required 15 days prior
to the public hearing.
H.
If the public hearing is held, it must be held within
45 days of the date of submission of the final plat. The Office of
the Planning Board shall advertise the public hearing at least five
days prior to the hearing date as required by § 276 of Article
16 of the Town Law.
I.
Within 45 days after the date of the public hearing,
if one is held, or within 45 days after the date of submission of
the final plat, the Planning Board shall grant either approval, disapproval
or conditional approval with or without modifications.
J.
If the final plat is approved or receives conditional
approval, with or without modifications, the subdivider shall carry
out the following steps prior to obtaining the signature of the Chairman
or Vice Chairman of the Planning Board:
(1)
Make all required corrections or modifications to
the satisfaction of the Planning Board within 180 days of the Planning
Board decision.
(2)
Pay the required inspection fee at the Office of the
Planning Board.
(4)
Obtain a performance bond in the amount of the bond
estimate and submit the same to the Municipal Attorney for approval.
K.
The Chairman or Vice Chairman shall sign the final
plat for the Planning Board indicating approval. Such signature shall
not be given until the form of the performance bond has been approved
by the Municipal Attorney and until the inspection fee and recreation
fee, if any, has been paid.
L.
The subdivider shall file the two opaque cloth litho
prints of the approved final plat (excluding supporting drawings and
documents) in the office of the County Clerk or as required by that
office.
M.
Planning Board approval of the final plat shall not
be deemed an acceptance by the municipality of any street or other
land shown as offered for dedication to public use.
N.
If the public improvements are to be installed without
the posting of a bond, the Planning Board approval shall be a conditional
resolution and shall specify the time period within which the improvements
are to be installed. The Planning Board shall finalize the resolution
after the Municipal Engineer certifies that the public improvements
have been satisfactorily installed. Such improvements shall be inspected
and an inspection fee shall be required as in the case of improvements
covered by a performance bond. For improvements installed without
posting a performance bond, an excavation and regrading permit will
be required along with the posting of a restoration bond.
Planning Board approval of the final plat shall
expire within 30 days after the date of signing by the Chairman or
Vice Chairman of the Planning Board unless within such time the final
plat shall have been filed in the office of the County Clerk. Expiration
of an approval shall mean that any further action will require a new
public hearing as well as a review of previous findings.
The final plat shall be prepared by a licensed
professional engineer or land surveyor in accordance with and shall
show the information noted in this section:
A.
Size and type of drawing.
(2)
If more than one sheet is required to accommodate
a large subdivision, a clearly drawn match line shall be shown on
both sheets and on the key map.
(3)
The original drawing shall be done with India ink
on linen tracing cloth or Mylar, with computed dimensions and careful
lettering.
(4)
Sufficient survey data shall be shown to determine
readily the location, bearing and length of every street line, lot
line, easement line and boundary line and to reproduce such lines
upon the ground. The elements of such survey data shall be as determined
by the Municipal Engineer.
(5)
Accurate dimensions shall be shown to the nearest
hundredth of a foot.
(6)
The survey shall be tied in to the nearest established
monument.
(7)
The scale of the drawing shall be not more than 80
feet to the inch and shall be a common engineering scale.
B.
Title block. The title block shall be the same as that required for the preliminary plat. (See § 204-15B.)
C.
Other notations to be included.
(1)
Date of original preparation and of each subsequent
revision.
(2)
Scale and North point.
(3)
Offer of dedication as follows:
|
"The subdivider has irrevocably offered to cede
title to the Town of Harrison of the land areas designated for streets
and all street improvements, including without limitation lights,
light poles, storm and sanitary sewers, signs, water mains and fire
hydrants, widening of streets, drainage easements, parks, recharge
basins and any other lands noted on this plat for dedication to the
town. Approval of this final plat does not constitute acceptance by
the town of the offer for dedication."
|
(4)
Certification of compliance with zoning as follows:
|
"This is to certify that all lots and parcels
shown on this plat comply with the requirements of the Zoning Ordinance
of the Town of Harrison.
|
|
Signature of Engineer/Surveyor
|
|
Date __________"
|
(5)
Certification of approval as follows:
|
"This is to certify that this subdivision final
plat has been approved by the Planning Board of the Town of Harrison
by resolution of approval dated __________.
| |
|
By:
(Chairman's or Vice Chairman's signature)
| |
|
Date: __________"
| |
D.
Key map of the entire subdivision shall be the same
as that required on the preliminary plat, except that the area being
submitted for final plat approval shall be shaded if it is only one
section of the entire subdivision.
H.
Sanitary waste disposal system: such information as
required by the County Department of Health and the municipality.
I.
Monuments to be shown.
(1)
Location of each monument, existing and proposed,
shall be shown by this symbol: 
(2)
One monument shall be located at each corner of the
subdivision boundary and at each change in direction of the boundary,
or as determined by the Municipal Engineer.
(3)
Monuments shall be located at each street intersection
and at each point of curvature and points of tangency, or as determined
by the Municipal Engineer.
(4)
Additional monuments shall be placed at points determined
by the Municipal Engineer.
J.
Stormwater pollution prevention plan. A stormwater
pollution prevention plan consistent with the requirements of this
local law[1] and with the terms of preliminary plan approval shall
be required for final subdivision plat approval. The SWPPP shall meet
the performance and design criteria and standards of this local law.
The approved final subdivision plat shall be consistent with the provisions
of this local law.
[Added 12-20-2007 by L.L. No. 6-2007]
A.
The drainage plan and street profiles are declared
to be an integral part of the final plat submission.
B.
The performance bond and the inspection service shall
be based on the subdivision improvements plans, the final plat itself
and these subdivision regulations.
C.
The design of the drainage plan and street profiles
shall comply with the design standards set forth in these subdivision
regulations and the specifications established by the Municipal Engineer.
D.
Drainage plan requirements.
(2)
A complete drainage system for the entire subdivision,
with development stages for each of the final plat sections.
(3)
The outline of all street rights-of-way, drainage
easements, recharge basins and other related features.
(4)
Precise street center-line gradients, in percentages,
indicated with arrows to establish the direction of flow.
(5)
Critical street center-line elevations.
(6)
Boundaries of stormwater runoff watersheds for each
major drainage facility and their area in acres.
(7)
Identification of drainage structures by type and
whether existing or proposed.
(8)
All appropriate details and dimensions necessary to
clearly explain the proposed construction, including type of construction,
material, size, pitch and invert elevations, among other things, in
accordance with good engineering practice.
(9)
Locations of test holes, description of soil conditions
and water level at recharge basin locations and such other points
as required by the Municipal Engineer.
(10)
Data for recharge basins, which shall include
bottom elevation and high-water elevation, water capacity and elevations
along tops of berm.
(11)
Erosion control plan, during and after construction.
(12)
Listing of construction sequence on the erosion
control plan.
E.
Street profile requirements.
(2)
A profile for each proposed street and for any existing
street in the subdivision or within 200 feet of its boundaries.
(3)
The center-line profile, existing or natural and proposed,
the typical cross-section and a system of survey stations.
(4)
Notations as to percent of gradient, critical elevations
and vertical curve date.
(5)
Locations and invert elevations of all drainage structures
in street rights-of-way.
(6)
Profiles of all stormwater and sewer lines passing
through easements.
