The purpose of the following sections is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Comprehensive Plan of the Town. In acting upon plats, the Planning Board shall require, among other conditions in the public interest, that the tract shall be adequately drained and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plat shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the Town. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. These standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article
VII herein.
Adequate and comprehensive drainage facilities shall be provided in conformance with Phase II EPA requirements for MS4 communities to convey and treat stormwater runoff originating within as well as outside a development site or subdivision and flowing through the proposed subdivision as follows and in accordance with §
98-13 of the Zoning Law of the Town of Chester.
A. For preliminary subdivision plats, a stormwater pollution prevention plan (SWPPP) consistent with the requirements of §
98-13 of the Zoning Law shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in said chapter. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter and with §
98-13 of the Zoning Law.
B. For final subdivision plats, a stormwater pollution prevention plan (SWPPP) consistent with the requirements of §
98-13 of the Zoning Law and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of §
98-13 of the Zoning Law. The approved final subdivision plat shall be consistent with the provisions of this chapter and with §
98-13 of the Zoning Law.
C. Removal of spring- and surface water. All subdivisions
shall be related to the drainage pattern affecting the areas involved
with proper provision to be made for adequate storm drainage facilities.
The subdivider may be required by the Planning Board to carry away
by pipe or open ditch any spring- or surface water that may exist
either previous to or as a result of the subdivisions. Such drainage
facilities shall be located in the street right-of-way where feasible
or in perpetual unobstructed easements of appropriate width. A culvert
or other drainage facility shall in each case be of adequate size
to accommodate the potential runoff from the entire upstream drainage
area, whether inside or outside the subdivision area. The design and
size of this facility shall be in conformance with specifications
contained herein and shall be subject to the approval of the Planning
Board Engineer.
D. Drainage facility design. All residential single-family detached subdivision sites having a disturbance in excess of five acres shall have drainage reports and plans provided by a licensed professional engineer meeting the DEC SPDES requirements for stormwater quality and quantity and erosion control under EPA Phase II requirements as may be amended. Drainage facilities shall in each case have sufficient capacity to accommodate potential runoff from the entire upstream drainage area, not only the anticipated discharge from the property being subdivided but also the anticipated runoff that will occur when property at a higher elevation in the drainage basin is developed. The Planning Board Engineer shall approve the design and size of the facility based on anticipated runoff from the following storm frequencies under conditions of total potential development permitted by Chapter
98, Zoning, in the watershed:
(1) Generally, for watersheds with drainage areas less
than 320 acres, all structures should be designed to carry the peak
runoff for a twenty-five-year storm.
(2) Generally, for watersheds with drainage areas between
320 acres and 640 acres, the structures should be designed to carry
peak runoff for a fifty-year storm.
(3) Generally, for watersheds with drainage areas larger
than one square mile, all structures should be designed to carry peak
runoff for a one-hundred-year storm.
E. Drainage report.
(1) The subdivider's engineer shall provide a written
report of the effect of each subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study
shall be reviewed by the Planning Board Engineer and may be referred
to the Orange County Soil and Water Conservation District. Where it
is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a twenty-five-year storm, on-site stormwater management or
storage of the increased runoff shall be provided by the developer.
In calculating anticipated runoff, the results shall meet or exceed
those which are computed by the method approved by the Soil Conservation
Service of the United States Department of Agriculture.
(2) As part of the drainage report the Planning Board
may require the submission of the following:
(a)
Plan profiles and typical and special cross
sections of proposed stormwater drainage facilities.
(b)
Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
(c)
The grading plan, developed to suitable contour
interval, with grading details to indicate proposed street grades
and elevations and building site grades and elevations.
(d)
If the development is within or adjacent to
any designated floodplain, a detailed analysis of the area with respect
to the management of the floodplain.
F. Easements. Where a subdivision is traversed by a watercourse,
drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as the Town Engineer may deem adequate for the purpose, but
in no case less than 20 feet in width and of such width as to encompass
the flood of record plus three feet in elevation. Such easements shall
guarantee to the Town the right of access and power to improve the
channels, as well as prohibiting structural or terrain encroachments
within the easement, except upon approval by the Town Engineer or
other delegated municipal official. Drainage easements shall be carried
from the road to a natural watercourse or to other drainage facilities.
When a proposed drainage system will carry water across private land
outside the subdivision, appropriate rights must be secured and indicated
on the plat.
G. House and lot drainage. Drainage of individual lots
and dwellings, including swales, footing drains discharging to a free-flowing
outlet to assure proper runoff from roofs, driveways and paved surfaces,
shall be required for Planning Board approval and shall be submitted
as part of the building permit application. The installation of such
facilities shall be required prior to the issuance of a certificate
of occupancy.
H. Design criteria and standards for stormwater management
facilities. Design criteria and standards shall be as specified in
the most recently enacted New York State Department of Environmental
Conservation's Stormwater Management Guidelines for New Development
and the following minimum standards:
(1) The discharge of established natural watercourses
and stormwater into open ditches shall be permitted only after specific
approval by the Planning Board. If in its opinion public health or
safety is jeopardized or there is danger of erosion, approval shall
be denied. In such case, pipe of the proper kind and size shall be
installed or the required paved sluiceways constructed. It shall be
the responsibility of the developer to set aside areas for the collection
and passage of both natural waters and stormwaters.
(2) Planned use of natural and other open drainage lines shall be analyzed in the drainage report as set forth in Subsection
C above.
(3) All open drainage lines and swales shall be protected against erosion by suitable stabilizing materials or construction in conformance with §
83-25F.
I. Storm drainage standards/street design.
(1) The drainage system and/or culverts shall be designed
in accordance with established engineering principles approved by
the Planning Board Engineer and the following minimum standards:
(a)
The minimum grade of any drainage pipe or culvert
shall not be less than 1%.
(b)
No culvert shall be smaller than 18 inches in
diameter unless by approval of the Town Engineer.
(c)
Such drainage structures shall be installed
where natural watercourses cross the highways or at locations which
warrant drainage.
(d)
Generally the trench shall be two feet wider
than the installed pipe.
(e)
In no case shall the top of any drainage pipe
be less than 18 inches below the finished grade of the pavement.
(f)
Where soft, spongy or unsuitable soil is encountered
or where rocks, boulders or ledges are present, such shall be removed
and replaced with suitable materials and in a manner as directed by
the Town Engineer.
(g)
The pipe shall be laid to true line and grade
on the prepared bed of the trench.
(h)
Installation of all drainage pipe shall be in
accordance with the standard practice and the pipe manufacturer's
recommendation.
(i)
The backfilling of the trench shall be in accordance
with good engineering procedure and as directed by the Town Engineer.
(2) All drainage pipe shall conform to the items covering
such in the latest New York State Department of Transportation specifications.
(3) Drainage pipe or culverts shall be installed to carry
the present drainage of the subdivision as well as that which may
reasonably be anticipated from future construction, both from within
the subdivision and from adjoining properties which normally drain
across the area of the proposed development.
(4) Catch basins or drop inlets shall be constructed in
order that surface water can be intercepted.
(5) Headwalls of concrete or stone masonry shall be constructed
at the inlet and discharge end of the culvert pipe. Culverts shall
extend beyond the toe of the embankment or if carried in easements
through or along lots to a point of not less than 75 feet beyond the
rear of proposed residences.
(6) If, in the opinion of the Planning Board, it is necessary
to intercept and carry away groundwater to protect the stability of
the roadbed, the subdrainage required by the Planning Board shall
be installed. Perforated pipe having a minimum diameter of four inches
shall be used for such purpose if deemed necessary by the Planning
Board Engineer.
(7) Manholes shall be provided in drain lines not more
than 350 feet apart and wherever branches are connected or sizes are
changed and wherever there is a change in alignment or grade.
(8) Alignment of pipes shall be in a straight line between
manholes.
(9) Drain lines shall be placed between the center line
of the road and the gutter line and shall, as far as practical, parallel
the center line of the road.
(10) Drainage structures which are located on state or
county highway rights-of-way shall be approved by the state or county
Highway Engineer's office, and a letter from said office indicating
such approval shall be directed to the Town Planning Board.
(11) Surface drainage in gutters shall be limited to the
equivalent of that flowing from 1.5 impervious acres; however, where
the tributary impervious area exceeds the runoff from 1.0 impervious
acres, a double-inlet catch basin shall be used.
The purpose of this section is to provide an
equitable and effective development standard for securing adequate
land for parks, playgrounds and recreation purposes in new subdivisions
throughout the Town. Except as hereinafter provided, lands comprising
approximately 10% of the total area to be subdivided shall be reserved
for parks, playgrounds or recreational purposes in a location with
suitable public access within the subdivision, as selected and determined
by the Planning Board.
A. Parks and recreation facilities.
(1) Intent and purpose. The purpose of this section is
to provide for adequate and effective development of parks, playgrounds
and recreational facilities. The Town of Chester has conducted an
analysis of recreational demands to the year 2010 and has concluded
that one or two large, central Town recreational facilities should
be developed to address this demand. In those instances where a proposed
park, playground or open space shown on the Town of Chester Future
Recreational Needs Report is located in whole or part in a subdivision
plat, the Board shall require that lands comprising approximately
10% of the total area to be developed shall be reserved for said parks,
playgrounds or recreational purposes. Such area or areas shall be
shown on the subdivision plat in accordance with the requirements
specified below. Such area or areas may be dedicated to the Town by
the developer if the Town Board accepts such dedication. The required
reservation of land for recreational purposes must be specifically
located and designated on the subdivision plat.
(a)
The Board shall not accept dedication of areas
of less than three acres. Open spaces of a lesser area may be approved
where the total of three acres shall be achieved in conjunction with
the future development of adjacent lands. Such area or areas may be
dedicated to the Town by the developer if the Town Board accepts such
dedication.
(b)
Information to be submitted. In the event that
an area to be used for a park or playground is required to be so shown,
the developer shall submit, prior to final approval, to the Planning
Board three prints, one on Mylar, drawn in ink, showing at a scale
of not less than 30 feet to the inch such area and the following features
thereof:
[1]
The boundaries of said area, giving lengths
and bearings of all straight lines and the radii, lengths, central
angles and tangent distances of all curves.
[2]
Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
[3]
Existing and, if applicable, proposed changes
in grade and contours of said area and of the area immediately adjacent.
(2) Waiver of plat designation of area for parkland.
(a)
In the event that the Planning Board finds that
the proposed subdivision plat presents a proper case for requiring
a park or parks suitably located for playgrounds or other recreational
purposes but that a suitable park or parks of adequate size to meet
the requirement cannot be properly located on such subdivision plat,
the Board may require a sum of money in lieu thereof. The Board shall
then require as a condition to approval of the subdivision such payment
to the Town of a fee per unit as set by Town Board resolution from
time to time. Such amount shall be paid to the Town Board at the time
of final subdivision approval, and no such plan shall be signed by
the authorized officer of the Planning Board until such payment is
made. In making such determination of suitability, the Board shall
assess the size and suitability of lands shown on the subdivision
plat which could be possible locations for park or recreational facilities,
as well as practical factors, including whether there is a need for
additional facilities in the immediate neighborhood.
(b)
All such payments shall be held by the Town
Board in a special Town Recreation Site Acquisition and Improvement
Fund, to be used for the acquisition of land that is suitable for
permanent park, playground or other recreational purposes and is so
located that it will serve the general population of the Town, and
shall be used only for park, playground or other recreational land
acquisition or improvements. Such money may also be used for the physical
improvement of existing parks or recreational areas serving the general
neighborhood in which the land shown on the subdivision plat is situated,
provided that the Town Board finds there is a need for such improvements.
(c)
The Board may waive, subject to appropriate
conditions, the provision of any or all of such parklands or fees
if in its judgment the special circumstances of the particular subdivision
plat development are not requisite to meet the intent of this section
or which, in its judgment, are inappropriate because of other recreational
amenities provided on site or in proximity to the proposed development.
The Board shall have the right to waive payment of the fee for subdivisions
where new construction is not intended or for subdivisions in which
the smallest parcel of the subdivision is greater than three acres.
B. Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
C. Preservation of natural features. The Planning Board
shall, wherever possible, require the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, beaches, historic
spots, vistas and similar irreplaceable assets.
(1) Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,
required or desirable improvements and drainage areas and ridgelines
and natural slopes.
(2) Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. On individual
lots or parcels, care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of 12 inches or more as measured four feet above the base
of the trunk shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Planning Board. In no
case, however, shall a tree with a diameter of 12 inches or more as
measured four feet above the base of the trunk be removed without
prior approval by the Planning Board. A tree inventory must be included
in the set of plans showing all trees of eight inches or more in diameter
at four feet above the base of the trunk in all areas proposed to
be developed or cleared. Should a tree or trees required to be preserved
by the Planning Board be removed, they shall be replaced with trees
of similar species that are equivalent in basal area as those that
were removed. For the purpose of these regulations, the "basal area"
is the area of the surface of the remaining stump, or the tree shown
on the plan or if there is no stump or it is not shown on the plan,
as estimated by the Planning Board.
(3) Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as possible, and no topsoil shall be removed
from the site. Topsoil shall be stored on site and reused for lawn
and planting areas.
(4) Watercourses. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land areas bordering on watercourses, drainageways and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the Town as a gift to be used as public open space or for recreational purposes at the discretion of the Planning Board and may be in addition to that required in Subsection
A of this section. No structures or buildings shall be erected within 100
feet of the high-water mark of a stream or within 50 feet of an intermittent
stream. This separation shall not apply to swales or drainage channels
designed for a site. There shall be no site disturbance within 50
feet of the high-water mark of a stream or within 25 feet of an intermittent
stream. All development or site disturbance within 100 feet of any
stream shall be reviewed with the intent of mitigating any adverse
water quality issues that could impact the stream.
(5) Lots. On a lot intended for single-family residential
purposes, no more than 14,000 square feet shall be cleared for development
purposes without specific Planning Board approval.
(6) Wetlands. All federal and state wetlands shall be
delineated in the field by the Department of Environmental Conservation
(DEC) for state wetlands and in accordance with currently applicable
federal standards for federal wetlands. The Planning Board shall have
the right to request additional information on wetland boundaries,
including, but not limited to, verification by a wetland delineator
or by the ACOE. Disturbance of buffers or wetlands shall only be allowed
where federal wetlands are under the federal wetland disturbance limit,
where disturbance is essential to provide access to a lot or where
a disturbance permit has been issued by the New York State Department
of Environmental Conservation and/or the Army Corps of Engineers.
All federal wetlands shall be provided with a minimum buffer of 25
feet within which all site disturbance shall not be permitted except
for clearance of dead trees or man-made debris on site. Wetlands shall
be no closer than 100 feet to a septic system drainfield or expansion
area. In instances where wetlands have not been shown but are believed
to exist due to soils maps or site observations, a wetland delineation
shall be required by the Planning Board.
(7) Ridgelines and slopes shall be preserved to the greatest extent possible in conformance with §
98-26 of the Zoning Law.
D. School site. Upon receipt from the School Board of
a letter declaring its interest in a school site of a specific size
and location within a proposed subdivision, the Planning Board may
require a subdivider to set aside such area in the design of the subdivision.
Upon failure of the School Board to secure an option to acquire or
to purchase such school site prior to the date of the final approval
of the plat, the subdivider shall be relieved of the responsibility
of reserving such land for school purposes.