In applying and interpreting this chapter, its
provisions shall be held to be minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, convenience
or the general welfare. The following specific interpretations shall
apply:
A.
A minimum required lot area, yard, court or other
required open space for one building or structure shall not be used,
in whole or in part, as any part of the minimum required lot area,
yard, court or other required open space for a second building or
structure.
B.
The lot area, yard, court or other required open space
for an existing building or structure shall not be diminished below
the minimum requirements of this chapter.
C.
The required lot width for one lot or building or
structure shall not be used, in whole or in part, as any part of the
required lot width for a second lot or building or structure.
D.
The parking spaces required for one building or structure
or use shall not be included in the computation of required parking
spaces for a second building or structure or use.
A.
Nothing contained in this chapter shall be taken to
repeal, abrogate, annul or in any way impair or interfere with the
Building Code or any rules or regulations adopted or issued thereunder
or any other provisions of law or ordinance or regulations, existing
or as may be adopted in the future, when not in conflict with any
of the provisions of this chapter; nor is it intended by this chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, that when this
chapter imposes a greater restriction upon the use of buildings, structures,
premises, lots or land or upon the height of buildings or structures
or requires larger lots, yards, courts or other open spaces than imposed
or required by such other provision of law, ordinance or regulations
or by such easements, covenants or agreements, the provisions of this
chapter shall control.
B.
Wherever the provisions of any other law or ordinance
or regulations impose a greater restriction than this chapter, the
provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed
as justifying the encroachment of any building or structure within
any street lines now or hereinafter laid down on any subdivision plat
filed in the office of the County Clerk or within any federal, state,
county or municipal street or highway.
A.
It shall be the duty of the Building Inspector to
administer and enforce the provisions of this chapter.
B.
Should said Building Inspector be in doubt as to the
meaning or intent of any provision of this chapter or as to the location
of any district boundary line on the Zoning Map or as to the propriety
of issuing a building permit or a certificate of occupancy in a particular
case related to the provisions of this chapter, he shall appeal the
matter to the Board of Appeals for interpretation and decision.
C.
The Building Inspector shall adopt rules of procedure
consistent with this chapter for the purpose of assuring efficient
and uniform administration of its provisions. No such rules shall
become effective until a copy thereof shall have been filed with the
Town Clerk. Any person aggrieved by such rules may appeal to the Board
of Appeals. A violation of such rules constitutes a violation of this
chapter.
D.
If the Building Inspector should mistakenly issue
a building permit or certificate of occupancy which violates the provisions
of this chapter, that permit or certificate shall be invalid.
A.
No structure shall be used, erected, built, reconstructed,
structurally altered, restored, extended or enlarged, in whole or
in part, until a building permit has been issued therefor. The Building
Inspector may, by general regulation, exempt nonbuilding structures
which are of a temporary or insubstantial nature from the operation
of this section. No such regulation shall take effect until filed
with the Town Clerk and received by the Town Board, which may at any
time, by resolution, disapprove and thereby rescind it.
B.
All procedures with respect to applications for issuance
of building permits shall be in conformance with the provisions of
any law or regulation of any level of government pertaining thereto.
All such applications shall be accompanied by such other information
as may be necessary to determine and provide for the enforcement of
this chapter.
C.
All such applications for a building permit shall
include four copies of a site plan for one- or two-family detached
dwellings and 12 copies for all other applications, drawn by a registered
architect or a professional engineer, to a scale showing the actual
dimensions, radii and angles of the lot to be built upon, the exact
size, cubage, habitable floor area and location upon the lot of the
building and accessory buildings to be erected and such other information
as may be necessary to determine and provide for the enforcement of
this chapter. After approval by the Architectural Review Board, in
appropriate cases, and by the Building Inspector, one copy of such
plans shall be returned to the owner upon payment of the building
permit fee.
D.
No building permit shall be issued for the erection,
construction, reconstruction, structural alteration, restoration,
repair or moving of any building or structure or part thereof unless
the plans and intended use indicate that such building or structure
is designed and intended to conform in all respects to the provisions
of this chapter and all other applicable laws, ordinances, codes and
regulations.
E.
Where a lot is formed from part of an existing lot,
whether already improved or not, the separation must be effected in
such a manner that neither of the lots, nor any existing or proposed
improvements thereon, contravene the provisions or intent of this
chapter.
F.
After the completion of footings and establishing
of the forms on the first course of the foundation walls or equivalent
structure, the owner shall notify the Building Inspector. If required
by the Building Inspector, the owner shall cause a survey to be made
by a licensed land surveyor, showing the true location of such foundation
walls with respect to the lot lines of the lot, and a copy of such
survey shall be filed with the Building Inspector before construction
is continued.
G.
In the case of any activity where the building permit
required by this chapter or by an ordinance in effect at the time
such activity commenced has not been issued prior to commencement
of work, the Building Inspector nonetheless shall issue a building
permit under the following circumstances:
(1)
Where the applicant files all the data required for
the issuance of a building permit; and
(2)
Where the Building Inspector finds that the work which
has been performed is in accordance with this chapter and all applicable
laws, ordinances, codes and regulations; and
(3)
Where the Board of Appeals finds that a building permit
would have been issued prior to commencement of work had the application
therefore been timely; or
(4)
In the absence of the findings required under Subsection G(2) or (3) hereof, where the Board of Appeals, treating the matter as an application for a variance and subject to all provisions of this chapter regarding variances, grants the applicant a variance upon any of the grounds therefore provided in this chapter.
H.
Any applicant for a building permit who has commenced construction without a building permit as provided in Subsection G of this section shall pay a penalty fee be 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 the application is submitted to the Building Inspector. Such fee shall be in addition to all other fees and charges provided for in this chapter.
[Amended 8-19-87; 2-21-2007 by L.L. No. 1-2007]
I.
Neither the application for nor the issuance of a building permit under Subsection G of this section shall constitute a defense to any action or proceeding, civil or criminal, commenced under this chapter relating to any activity or period of time preceding issuance of a building permit under such section.
A.
The following site plan provisions are intended to
implement the development characteristics projected in the Master
Plan and to secure compliance with the requirements and standards
set forth in this chapter and with accepted professional design practice
for such site improvements as grading, drainage, sidewalks, curbs,
parking, landscaping, fences and driveways.
B.
In all districts, a site plan for all proposed land
uses, buildings or structures, other than one- or two-family detached
dwellings, shall be approved by the Planning Board. Such approval,
including all supporting documents, shall be officially transmitted
to the Building Inspector prior to his submission of the project to
the Architectural Review Board and before his consideration of an
application for a building permit. Any amendment of such a site plan,
which requires approval by the Planning Board, shall be subject to
this same procedure prior to the issuance of any building permit for
buildings or structures affected by the amendment.
[Amended 8-25-2011 by L.L. No. 7-2011; 9-22-2011 by L.L. No.
8-2011]
(1)
Exceptions:
The Building Inspector may waive the requirement for Planning Board
approval of a site plan with the regard to the following: a Change
of Use in the CBD, MFR, NB or PB zoning district when the proposed
new use is a permitted use not requiring Special Exception approval,
and does not require the provision of additional required parking
or modify the structure or site plan in any substantive way nor does
the use cause any anticipated increase in demand for any municipal
service.
(a)
In the event that the Building Inspector preliminarily determines
to waive the requirement for Planning Board approval of a site plan,
the applicant shall post a sign on the property referenced in such
application on or before the fifth calendar day following the Building
Inspector's preliminary determination. Such sign shall be at least
30 x 20 inches in size, consist of sturdy and serviceable material
containing a white background with black letters and be placed in
a location plainly visible from the most commonly traveled street
or highway upon which the property fronts, but in no case more than
20 feet back from the front lot line. Such sign shall be at least
six feet above the ground and shall read as follows, in legible lettering
at least two inches high:
|
"ON THE SITE (DESCRIBE ACTION SET FORTH IN APPLICATION) IS PROPOSED.
THIS MATTER HAS BEEN PRELIMINARILY DETERMINED BY THE HARRISON BUILDING
INSPECTOR TO BE EXEMPT FROM THE REQUIREMENT TO OBTAIN PLANNING BOARD
APPROVAL AND THIS SITE PLAN WILL BE FINALLY APPROVED BY THE BUILDING
INSPECTOR ON OR AFTER (GIVE TIME; 1ST BUSINESS
DAY THAT IS TWO CALENDAR WEEKS AFTER THE DATE THAT THE SIGN IS FIRST
POSTED). INTERESTED PARTIES CAN OBTAIN ADDITIONAL INFORMATION FROM
THE HARRISON BUILDING INSPECTOR."[1]
|
[1]
Editor's Note: Former Subsection B(1)(b), regarding giving
adequate prior written notice to property owners within 500 feet,
which immediately followed, was repealed 7-12-2023 by L.L. No. 5-2023.
C.
Likewise, in all districts, no certificate of occupancy
shall be issued for any land use, building or structure, other than
a one- or two-family detached dwelling, unless the land is developed
and used, or the building or structure is constructed and used, in
conformity with such a site plan approved by the Planning Board as
provided in this section. Any change of occupancy shall be subject
to this same requirement.
D.
Presubmission. The applicant and/or his designated
representative, prior to the submission of a formal site plan, shall
meet in person with the Planning Board to discuss the proposed site
plan so that the necessary subsequent steps may be undertaken with
a clear understanding of the Board's requirements in matters relating
to site development.
E.
Submission. At least 10 days in advance of the Planning
Board meeting at which site plan or amendment to a site plan requiring
Planning Board approval is to be presented, the applicant or his representative
shall submit to the Secretary of the Planning Board 12 copies of the
site plan and application.
F.
Submission requirements.
[Amended 5-5-82]
(1)
Site plans submitted for Planning Board consideration
shall be at a scale of not less than 30 feet to the inch, except that
the Town Engineer shall have the authority to modify the required
scale. All lengths shall be in feet and decimals of a foot, and all
angles shall be given to the nearest 10 seconds or closer if deemed
necessary by the surveyor. The error of closure shall not exceed 1:10,000.
(2)
In addition the general requirements for all site plans set forth in Section 235-7C, such plans shall also show the following data with reference to existing conditions:
(a)
The names of all owners of record of all adjacent
property and the lot, block and section number of the property.
(b)
Existing zoning and district boundaries.
(c)
Boundaries of the property, building or setback
lines and lines of existing streets, lots, reservations, easements
and areas dedicated to public use.
(d)
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the site.
(e)
The location of existing buildings.
(f)
The location of existing water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(g)
The location of existing watercourses, marshes,
rock outcrops, wooded areas, single trees with a diameter of eight
inches or more, measured three feet above the base of the trunk, and
other significant existing features.
(h)
Stormwater pollution prevention plan. A stormwater
pollution prevention plan consistent with the requirements of this
local law[2] shall be required for site plan approval. The SWPPP shall
meet the performance and design criteria and standards of this local
law. The approved site plan shall be consistent with the provisions
of this local law.
[Added 12-20-2007 by L.L. No. 6-2007]
(3)
The following development data shall also be submitted:
(a)
The title of the development, date, North point,
scale, name and address of the record owner, engineer, architect,
land planner or surveyor preparing the site plan.
(b)
The proposed use or uses of land and buildings
and the proposed location or locations of proposed buildings or structures,
including first-floor elevations.
(c)
All proposed lots, easements and public and
community areas.
(d)
Existing soils and topography of the site and
immediately adjacent property, as revealed by contours or key elevations,
as may be required by the municipality and any proposed regrading
of the site.
(e)
All proposed streets, with profiles indicating
grading and cross sections showing widths of proposed sidewalks and
proposed curbs.
(f)
The location and design of any off-street parking
areas and garaging or loading areas, including the details of aisles,
driveways and individual parking spaces.
(g)
The location and size of all proposed waterlines,
valves and hydrants and of all proposed sewer lines and their profiles,
indicating connections with existing lines or alternative means of
water supply and of sewage disposal and treatment, and the location
and character of all other utility facilities.
(h)
The proposed location, orientation, power and
use schedule of proposed outdoor lighting.
(i)
The proposed location of all signs and their
characteristics; and the proposed screening and landscaping, including
a planting plan prepared by a qualified landscape architect or architect.
(j)
The proposed stormwater drainage system.
(k)
Provisions for solid waste disposal, including
container locations and access to such locations by twenty-cubic-yard
packer trucks where appropriate.
(l)
Such other studies as the Planning Board may
request (i.e., a traffic analysis).
G.
General conditions. In considering and approving a
site plan, the Planning Board shall take into consideration the public
health, safety and general welfare and the comfort and convenience
of the public in general and the residents of the immediate neighborhood
in particular and shall establish any appropriate conditions and safeguards
in harmony with the general purpose and intent of this chapter, particularly
with regard to achieving:
(1)
Maximum safety of pedestrians and of vehicular ingress
and egress.
(2)
A site layout, including the location, orientation,
power and use schedule of any outdoor lighting of the site, which
would not have an adverse effect upon any properties in adjoining
residence districts by impairing their established character or the
potential use of the properties in such districts.
(3)
The reasonable screening, at all seasons of the year,
of all playgrounds, parking and service areas from the view of adjacent
residential properties and streets.
(4)
In the case of any building located farther than 10
feet from any street line and where the average natural grade within
10 feet of such building is more than 20 feet above the established
grade along the street in front of the lot, the Planning Board shall
make every reasonable effort to locate said building in such a way
that its visual impact on surrounding properties will be minimized.
In exercising the powers conferred on it under this subsection, the
Planning Board shall give due consideration to any mitigating effect
of the distance between such building and its surroundings, as well
as to any neutralizing effect of planting, screening or other similar
devices proposed on the site plan submitted for its approval.
(5)
Design and construction standards for improvements
shown on the site plan shall be those set forth in this chapter and
in other ordinances, rules and regulations or in construction specifications
of the Town.
H.
The Planning Board shall hold a public hearing before
rendering a final decision on a site plan application. After the public
hearing and considering a site plan submission, the Planning Board
shall approve, approve with modification or disapprove the site plan.
Its decision shall be in the form of a resolution incorporating a
copy of the site plan on which its decision and any modification shall
be noted. The Planning Board, as a condition of approval, shall require
the applicant, at the applicant's expense, to record with the County
Clerk of Westchester County such documents as may be determined by
the Planning Board to be necessary to place any subsequent owner on
notice of any condition of approval. One copy of each such resolution
and site plan, duly signed by the Chair or Vice Chair, shall be transmitted
to the Building Inspector and to the applicant.
[Amended 8-12-2004 by L.L. No. 6-2004]
I.
The findings of the Planning Board shall be rendered
within 30 days from the date of submission to it, unless the applicant
requests an extension for an additional period of 30 days.
J.
No building permit shall be issued by the Building
Inspector without reference to and conformance to such an approved
site plan.
K.
In the case of special exception use or variance applications,
the site plan shall be the subject of a preliminary review in accordance
with the above procedure before action is taken by the Planning Board
or Board of Appeals, respectively.
[Amended 5-15-1985]
Any building permit issued by the Building Department
under the provisions of this Zoning Ordinance shall expire, by limitation,
within one year from the date of issuance. However, in the event that
the foundation is not completed within six months from the date of
issuance of such permit, the Building Inspector may, in his discretion,
revoke the same. Extensions of the building permit may be granted
at the discretion of the Building Inspector where good cause is shown.
A.
It shall be unlawful to use or permit the use of any
building or premises or part thereof hereafter created or erected,
changed, converted or enlarged, wholly or partly, in its use or structure,
until a certificate of occupancy shall have been issued by the Building
Inspector. Such certificate of occupancy shall show that such building
or premises or part thereof and the proposed use thereof are in conformity
with the provisions of this chapter and all other applicable laws,
ordinances, codes and regulations. It shall be the duty of the Building
Inspector to issue a certificate of occupancy within 10 business days
after the request for the same shall have been filed in his/her office
by any owner, after having determined that the building and the proposed
use thereof conform to all the requirements herein set forth. Before
the issuance of any certificate of occupancy, the applicant shall:
[Amended 11-7-2001 by L.L. No. 9-2001]
(1)
Complete an application for certificate of occupancy;
(2)
Pay all required fees;
(3)
Submit "as built" plans certified by an architect
or engineer licensed in the State of New York attesting to and evidencing
for each structure created or erected, changed, converted or enlarged,
wholly or partly, its use or structure's:
(4)
If any structure's footprint has been changed, submit
an "as built" survey showing the actual location of such structure,
certified by a surveyor licensed in the State of New York.
B.
Under such rules and regulations as may be established
by the Building Inspector, a temporary certificate of occupancy for
a part of a building may be issued by the Building Inspector.
C.
Upon written request from the owner, the Building
Inspector shall issue a certificate of occupancy for any building
or premises lawfully existing prior to the effective date of this
chapter or of any subsequent amendment thereto, certifying, after
inspection, the extent and kind of use made of the building or premises,
including the number of employees and whether such use of the building
or premises conforms to the provisions of this chapter and all other
applicable laws, ordinances, codes and regulations.
[Amended 3-20-1985; 8-19-1987; 6-1-1994; 7-6-1994; 2-21-2007 by L.L. No.
1-2007]
Building permit fees, public assembly occupancy postings fees, letter or certificate of compliance fees and certificates of occupancy fees shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
A.
The term "responsible party," as used in this chapter,
shall include the owner, lessee, licensee and any person having the
use, possession or control of all or part of a structure or land and
all persons who cause, facilitate, assist or participate in any violation
of this chapter, and each such person shall be subject to the sanctions,
penalties, remedies and procedures (administrative, civil and criminal)
provided by this chapter and by all other applicable ordinances, codes
and regulations.
B.
In the event of an actual or threatened violation
of this chapter, the Building Inspector shall give written notice
thereof to a responsible party, personally or by certified mail, setting
forth the nature of the violation and requiring its removal or abatement
within 10 days after service of the notice and, additionally or alternatively,
may immediately suspend the conduct or use which constitutes or contributes
to the actual or threatened violation for a period not exceeding 10
days and also may temporarily revoke, for a like period, any permit
issued under this chapter. Every suspension or revocation shall be
confirmed as soon thereafter as is practicable by a written notice
thereof, served personally or by certified mail, upon a responsible
party, stating the grounds therefor.
C.
A notice of violation shall not be a condition, nor
shall its absence be a defense to any administrative, civil or criminal
proceeding or other remedy available against actual or threatened
violation of this chapter, but a failure to timely remove or abate
a violation after due notice thereof or the continuation of any conduct
or any use after suspension thereof or the revocation of any permit
shall constitute separate, independent and further violations of this
chapter by each responsible party having knowledge of such notice,
suspension or revocation.
D.
In cases where removal or abatement of a violation
within 10 days would be manifestly impossible or would involve severe
economic hardship, the Building Inspector may, upon written application
of a responsible party showing good cause therefor, extend the time
permitted for removal or abatement for one additional period not exceeding
30 days, and, additionally or alternatively, the Building Inspector
or responsible party, prior to the expiration of the applicable time
period, may apply to the Town Board, upon written application showing
good cause therefor, for a determination as to a reasonable period
of time not exceeding an additional 120 days within which such removal
or abatement shall occur. Such extensions of time by the Building
Inspector or Town Board may be granted subject to reasonable terms
and conditions.
E.
A violation of this chapter shall be an offense punishable
by a fine not more than $1,000 or imprisonment for a period not exceeding
15 days, or both. In addition, for any violation of the Table of Uses
issued for exceeding the number of dwelling units permitted at any
premises shall be punishable by a fine not less than $500 nor more
than $1,200 for conviction of a first offense or imprisonment for
a period not exceeding 15 days, or both; for conviction of a second
offense within a period of five years shall be punishable by a fine
not less than $800 nor more than $1,600 or imprisonment for a period
not exceeding 15 days, or both; for conviction of a third or subsequent
offense within a period of five years shall be punishable by a fine
not less than $1,500 nor more than $2,500 or imprisonment for a period
not exceeding 15 days, or both. For the purpose of commencing such
prosecution, the Building Inspector or any other person authorized
to issue a summons pursuant to this chapter are authorized to issue
an appearance ticket or such other process as is or hereafter may
be authorized by law, the disobedience of which shall constitute a
separate and independent violation of this chapter. Each week's continued
violation of any provision of this chapter shall constitute an additional
violation.
[Amended 5-5-1982; 10-23-2008 by L.L. No. 9-2008]
F.
Each responsible party having knowledge of the service
hereunder of a notice of violation and who fails to timely remove
or abate such violation shall be subject to a civil penalty of $500
for each day that said violation continues. Each responsible party
having knowledge of the suspension hereunder of any conduct or use
or of the revocation of any permit and who thereafter permits, facilitates,
causes, assists or participates in any such conduct or use or in the
conduct, use or other activity subject to such permit shall be subject
to civil penalty of $500 for each day that such conduct, use or activity
continues. Civil penalties shall be recoverable by suit brought by
the town and to be retained by it.
[Amended 10-23-2008 by L.L. No. 9-2008]
G.
The procedure set forth below shall be known as "informal
administrative enforcement" and is intended to provide a flexible
and expeditious means of abating zoning violations. Informal administrative
enforcement may be used either as an alternative or an addition to
all other procedures and remedies provided by this chapter and other
provisions of law.
(1)
In the event of an actual or threatened violation
of this chapter the Town Attorney may enter into and enforce a written
agreement with a responsible party providing for the removal or abatement,
upon reasonable terms and conditions, of such actual or threatened
violation and the imposition of such civil penalties, sanctions and
other remedies, immediate or contingent, as may be appropriate. Such
written agreement shall be in the form of, and deemed, a consent judgment
and shall be filed and enforced in any court of competent jurisdiction.
The responsible party shall pay all filing fees and such other reasonable
costs as the parties may agree.
(2)
No such consent judgment shall have any force or effect
until filed with the Town Clerk as a public record and approved by
either the Building Inspector, in writing, similarly filed, or by
the Town Board.
(3)
Notice of the signing of any such consent judgment
shall be published, at the responsible party's expense, in an official
newspaper of the town within 15 days, and any resident or landowner,
within 10 days of such publication, may petition the Town Board, upon
reasonable notice to all parties to the consent judgment, to disapprove
or, if already approved by the Building Inspector or the Town Board,
to reconsider and disapprove the consent judgment. The petition shall
be considered no later than the next meeting of the Town Board occurring
at least five days after such petition was filed with the Town Clerk.
H.
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of such building, structure or lot; to prevent any illegal
act, conduct, business or use in or about such premises; and to enjoin
or remedy any violation of this chapter. The remedies provided by
this chapter shall be cumulative and shall be in addition to any other
remedies provided by law.
