The Town of Harrison finds that transit oriented development benefits the general health and welfare of the community by recognizing the unique characteristics of the area surrounding the Harrison Train Station, and by providing a zoning mechanism to facilitate the development of high quality, pedestrian oriented, mixed-use development, thereby providing for much needed housing opportunities, stimulating the local economy, addressing long-term parking needs, encouraging the use of existing transit facilities, decreasing dependency on automobiles, while mitigating the effects of pollution and vehicle congestion in the Central Business District.

The TOD District implements the vision for downtown Harrison as set forth in the Comprehensive Plan by establishing a viable framework for future private investment.

Provides an alternative to traditional development by emphasizing mixed-use, pedestrian oriented development.

Encourages development on a "human scale" that provides for a pedestrian oriented environment that encourages and facilitates walking, bicycling and transit use.

Creates an identity in the Central Business District that promotes pedestrian activity, human interactions, commercial enterprise, livability and safety.

Reduces automobile dependency and roadway congestion by locating multiple destination and trip purposes within walking distance of one another.

Improves access to Metro-North Railroad services, including enhanced intermodal connections.

Provides for adequate off-street parking for commuters, residents and tenants of the development within parking facilities of high quality design, that are screened and hidden to the extent practicable, so that in no instance are large expanses of street frontage dominated by parking areas or structures.

Manages parking and vehicular access by utilizing shared parking and driveway access to avoid pedestrian conflicts.

Provides street level business uses that are consistent with the character of the Harrison Central Business District.

Provides a range of housing options for people of varied incomes and at different stages of life.

Incorporates open spaces, plazas and other design features that create an inviting environment that encourages use and exploration by residents and visitors alike.

The area within the TOD District is also located within the Downtown Revitalization Target Area, and the parking requirements of the Downtown Revitalization Target Area set forth in the Schedule of Off-Street Parking Space Requirements for Residential Uses (§ 235-36) and Non-Residential Uses (§ 235- 3 7) shall apply.

To achieve the stated purposes of the TOD District set forth in § 235-87, a TOD Development on the parcels which as of the date of adoption of this Article XVI are owned by Metropolitan Transportation Authority and designated on the Town tax map as Section 18, Block 182, Lots 12 and 15 (the "MTA Site"), shall include a parking structure (the "Commuter Parking Structure") accommodating a minimum of 475 commuter parking spaces for Metro-North Railroad customers, 45 short-term daily metered parking spaces to serve retail and other on-site commercial uses, and 64 off-street parking spaces for the residential component of the TOD Development.

Off-street parking and loading areas shall be designed and located in a manner that is efficient and proximate to the uses they are intended to serve.

Section 235-38 shall not apply. The Planning Board shall determine the appropriate number of off-street truck loading spaces.

The Schedule of Minimum Dimensions for Parking Spaces and Aisles in § 235-41C shall not apply. The Planning Board shall determine appropriate parking space and aisle dimensional requirements, except for the Commuter Parking Structure, which shall be based on Metro-North Railroad Station Standards.

The number of off-street parking spaces required for a TOD Development may be reduced through the use of shared parking; subject to a finding by the Planning Board that the peak parking demand of the uses do not coincide, and that the accumulated parking demand at any one time shall not exceed the total on-site parking capacity. This finding shall take into account the parking demand of residents, employees, customers, visitors, commuters and any other users of the on-site parking. It shall also take into account parking demands on both weekends and weekdays, during daytime and overnight periods.

Shared use of the 475 commuter parking spaces in the Commuter Parking Structure on the MTA Site shall only be permitted subject to an agreement between the MTA and the applicant for approval of a TOD Development, and subject to the approval of the Planning Board.

Short-term daily parking shall be located at grade, or on the level of the parking structure that provides easiest access to the retail and commercial uses of the TOD Development.

Bicycle parking racks or lockers shall be provided at a ratio of one rack or locker for every 20 automobile parking spaces (or portion thereof) required for the uses within the TOD Development (exclusive of any commuter parking spaces).

At least 10% of the total number of residential units within the TOD Development are reserved for workforce housing.

The TOD Development is designed to meet LEED Silver certification (or higher) criteria, as set forth by The Green Building Certification Institute.

Pre-submission conference. The applicant shall, prior to the formal submission of the TOD Development site plan, meet with Town staff to review the proposed project, address site plan requirements and details, and procedural steps so the applicant clearly understands the process, and the Town understands the development concept.

Application. An application for approval of a TOD Development shall be submitted at least 21 days in advance of the Planning Board meeting at which the application is to be presented. Seventeen sets of the application package shall be provided. The application shall consist of the following:

SEQRA compliance.

Special exception use review. Pursuant to the provisions of Article V, § 235-14, the Planning Board, subject to confirmation by the Town Board, shall review and act on the Special Exception Use application. The Planning Board shall approve, conditionally approve or disapprove the Special Exception Use application based on the criteria established in Article V.

Site plan review. The Planning Board shall act on a Site Plan application, prepared and filed in accordance with the provisions of § 235-71. The site plan shall conform to the requirements of § 235-71F. The Planning Board shall approve, conditionally approve or disapprove the Site Plan application.

Subdivision. Should the TOD Development require a subdivision of land to facilitate the assembly of the project site, the ownership by the MTA of the Commuter Parking Structure and the land on which it is located, or for any other reason, said subdivision shall be undertaken in accordance with Chapter 204 of the Code of the Town of Harrison, and shall be undertaken as part of the overall TOD Development approval "action," provided that the lots into which the MTA Site is subdivided shall not be subject to any minimum lot area, and the lot on which the Commuter Parking Structure is located shall not be subject to any minimum lot area, maximum lot coverage, or yard setback otherwise required in the TOD District set forth in the Table of Dimensional Regulations for the TOD District (§ 235 -Attachment 6).[2]

Public hearing and notice. Review of the TOD Development shall comply with all applicable public hearing requirements for Special Exception Use, Site Plan, and Subdivision (if necessary) approvals, and SEQ RA (in the case of an EIS). To the extent permissible by law, said public hearings shall be held concurrently. Additionally, all public notice and signage requirements in Article XV shall also be complied with.

Referrals. The Town shall comply with the applicable provision of General Municipal Law § 239-m. In the instance where a draft EIS is required, it shall be circulated as provided by law. The Town may refer the application to any other Town board, department, official, consultant or professional, as necessary.

Escrow account. In accordance with the provisions of § 235-79, at the time of the submission of the TOD Development application, an escrow account shall be established, in an amount set by the Town, to cover the costs of the Town's professional review services, including the cost of professional review services permitted under SEQRA.