Town of Chester, NY Article V Planning Board

§ 98-29 Special requirements for specific uses.

These uses shall require site plan approval by the Planning Board:

A. Annual membership clubs providing outdoor recreational facilities.

(1) Membership clubs shall be conducted as a service to members and not as a business enterprise.

(2) Permitted uses for a membership club include private playgrounds, golf clubs with or without restaurant facilities, swimming pools not closer than 150 feet to any lot line, tennis courts and clubhouses.

(3) Prohibited uses for a membership club include the use of any kind of motorized vehicle such as stock cars, go-carts, motorbikes, ATVs, snowmobiles, etc., outdoor firing ranges and outdoor use of firearms, outdoor archery, outdoor paintball facilities and outdoor public-address systems. Nothing in this prohibition against the use of motorized vehicles shall be construed to forbid the use of motorized equipment such as lawn mowers and the like in the course of maintaining the facility; nor shall it be construed to prohibit the use of motorized golf carts for the use of golfers at golf course membership club.

B. Automotive repair garages.

(1) The requirements of Subsection J(1) through (5) of § 98-29J shall apply if a filling station is included on the site.

(2) Entrance and exit driveways should be located at least 10 feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicles backing across any accessway.

(3) The area devoted to the outdoor storage of motor vehicles or parts thereof, for any purpose other than daily parking, shall be screened from view of persons on adjacent streets or property by enclosing such areas with a solid opaque fence or wall eight feet high or locating them inside a building.

(4) Premises shall not be used for sale, rent, or display of automobiles, trailers, mobile homes, boats, or other vehicles.

C. Bed-and-breakfast; bed-and-breakfast inn.

(1) The operator of the bed-and-breakfast establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.

(2) Bed-and-breakfast establishments shall be permitted accessory only to single-family detached dwellings. However, in no case shall bed-and-breakfast establishments be permitted as an accessory use to a single-family detached dwelling having physical access only to a private road. The driveway serving the bed-and-breakfast residence shall have direct physical access to a public road.

(3) Full vehicular turnaround for the single-family detached dwelling and the bed-and-breakfast residence shall be provided unless the Planning Board waives such turnaround requirement for lots having frontage on an access to a minor street.

(4) The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.

(5) Not more than four bedrooms of the single-family detached dwelling shall be permitted to be used for rental purposes. Upon conversion of any portion of floor area in the single-family residential dwelling to a bed-and-breakfast residence establishment, the dwelling shall retain at least one bedroom for the exclusive use for the owner of the dwelling to which the bed-and-breakfast residence is accessory.

(6) Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

(7) The sanitary and water supply systems serving the dwelling shall be found to be adequate to meet the needs of the dwelling, together with the bed-and-breakfast residence use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use. Water supply quality and quantity testing shall be specified by the Planning Board, performed prior to approval, and the Planning Board shall ensure that septic areas provide for adequate expansion area according to Health Department requirements. Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom, plus adequate restaurant parking for a bed-and-breakfast inn.

[Amended 6-7-2005 by L.L. No. 2-2005]

(8) Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.

(9) If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guest of the bed-and-breakfast residence, those improvements shall be part of the approved site plan.

(10) Food service shall be limited to those renting rooms.

(11) Bed-and-breakfast inns shall not be subject to the limitation on the number of rooms rented and to the owner-occupancy requirement in Subsection C(1) and (5) above. However, an owner or manager shall be on site at all times.

(12) Bed-and-breakfast inns may have full-service restaurants.

(13) Bed-and-breakfast inns must be located fully within a one-mile radius of the Sugar Loaf LB-SL District with direct access to a state or county highway or Town collector road.

(14) Bed-and-breakfast inns shall be subject to the requirements of Subsection C(6) through (9) above.

D. Building contractor's office and equipment yard.

(1) All open, unenclosed or partially enclosed storage of building contractor's material and/or equipment shall be limited to the side or rear yards of a parcel where allowed, but not within the required side or rear yard setbacks. Such storage areas shall be specifically designated on an approved site plan; and no storage shall take place except in areas specifically approved for such purpose.

(2) The Planning Board may require the storage of some types of building materials within an enclosure if it deems necessary to retain the material on the site or for other appropriate public health, safety and welfare reasons.

(3) All open or unenclosed storage of material and/or equipment shall be screened so as not to be visible from adjacent parcels or streets. Such screening shall be required to be maintained for the duration of the use.

(4) Equipment or material may be stored within a fully enclosed structure with no limitations, subject to the building setback requirements.

(5) No repair or washing of equipment or material shall take place on the site without the express approval of the Planning Board.

E. Cemeteries.

(1) In areas that are not served by central water supplies, interments shall not take place within 100 feet of a property line, or within 200 feet if located above-grade of residentially zoned parcels.

(2) Provision shall be made to restrict vehicular access during nonbusiness hours.

(3) Internal site roadways shall be not less than 15 feet wide and finished with a dustless surface.

(4) Any structures located on the site such as an accessory office or storage, garage and equipment building shall be located a minimum of 50 feet from any property line.

F. Religious institution.

[Amended 9-27-2017 by L.L. No. 1-2017]

(1) Buildings shall be set back a minimum of 50 feet from any property line.

(2) All structural as well as nonstructural uses of the property shall be indicated and identified on the plan. Nonstructural uses, including but not limited to picnic areas, play areas, gathering areas, etc., are required to be shown on the site plan.

(3) Outdoor public address systems are prohibited.

(4) Access and circulation.

(a) Whenever practicable, primary ingress and egress to and from the lot shall be via the highest service level adjacent road, such as a county or state highway.

(b) Access drive(s) shall provide for safe and adequate ingress and egress to and from the site complying with sight distance requirements for municipal road intersections.

(c) Safe and adequate internal vehicular site circulation patterns shall be provided for cars and/or buses if applicable. If a drop-off area is provided near the building, one-way traffic patterns must be provided for the drop-off area. Internal circulation patterns in the parking lot(s) and around the building shall minimize pedestrian/vehicular conflict.

(d) Traffic flows shall be designed to ensure the least possible impact on neighboring properties and residential streets.

(e) Truck deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m.

(f) Off-street parking shall be provided at a minimum of one space per five seats, or one space per 100 square feet where fixed seating is not provided.

(5) Religious uses should be situated on sites with access to public water and sewer infrastructure.

(6) The principal building and accessory uses must be on a contiguous site.

(7) Accessory uses shall be subordinate in area, extent, and purpose to the principal use.

(8) All exterior lighting shall be shielded and/or directed away from residential areas.

(9) Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise or odor impacts to adjacent residential areas.

(10) Outdoor activity areas shall be oriented away or sufficiently buffered from adjacent residential areas to prevent disturbance of the peaceful use of such areas by residents.

G. Conversion of a single-family home to a two-family dwelling.

(1) Lot area requirements are 175% of the requirement for a single-family dwelling.

(2) Conversion of the dwelling shall not impair the appearance of the dwelling as a single-family detached structure, so as to make the building appear incompatible with the appearance of surrounding residential neighborhood.

(3) A minimum habitable area of 750 square feet shall be provided for each unit.

(4) Adequate parking, water supply and sanitary disposal must be provided for both units. The location of the existing well and septic system shall be shown on the site plan. Expansion of the septic system and/or a new well may be required if there is evidence that their capacity is not adequate for the units proposed, based upon current engineering and health standards of the Town, county or state.

(5) Each dwelling unit shall contain its own separate and private bathroom and kitchen facilities wholly within each dwelling unit.

H. Day-care facilities (day-care centers and nursery schools). The following regulations pertain to day-care facilities wherein permitted pursuant to this chapter and subject to Planning Board approval pursuant to § 98-30:

(1) Intent. The Town of Chester finds that our children are a precious natural resource and, as such, deserving of high-quality care and attention, especially during the critical early formative years. In today's economy, many parents are employed outside the home and must provide care for their children. The Town finds that it is in the best interest of the community to promote opportunities for child care and to make certain that such care is regulated to the extent that each child may be free from harm, injury or threat thereof.

(2) Regulations.

(a) Family/group family day-care homes as defined herein shall not operate in the Town until a valid New York State Department of Social Services license is filed with the Town Code Enforcement Officer.

(b) Day-care centers and nursery schools. All day-care centers and nursery schools shall meet the following requirements, which shall be considered as minimum standards, and/or the most recent regulations of the New York State Department of Social Services, whichever shall be the most stringent:

[1] Indoor area.

[a] The minimum usable indoor area, excluding hallways, kitchens, bathrooms and offices, shall be 35 square feet per child enrolled.

[b] Such area shall be located on the first or second floor only, as per New York State Department of Social Services Regulations for age group.

[c] No such area shall be permitted in a space that is more than four feet below average finished grade.

[2] Outdoor recreational/play area dimensions.

[a] All day-care centers and nursery schools shall provide at least 200 square feet of outdoor play space per child. The play space shall be located no nearer than 50 feet to any lot line and no nearer than 100 feet to any adjacent residential structure on a slope not to exceed 5%.

[b] Said recreational/play area shall not be located in the front yard; it shall be situated in either the rear or side yard or a combination thereof.

[c] The recreational/play area shall be free from any conditions which are known to be hazardous and/or dangerous to the health and safety of the children using the areas.

[d] The recreational/play area shall be properly fenced, landscaped, buffered and/or screened to prevent adverse impacts to the surrounding properties. Said screening shall not be required if the facility is located contiguous to a permanent open space area.

[3] Dropoff/pickup area.

[a] Each day-care center defined herein must provide an off-street dropoff/pickup area.

[b] The dropoff/pickup area must be completely separated and partitioned off from the on-site recreational/play area.

[c] The dropoff/pickup area must provide direct access to the facility.

[d] Said dropoff/pickup area must provide one-way traffic flow onto and off the property and/or a separate standing area.

[4] Off-street parking. There shall be provided one space per five children, plus one space per classroom or staff member, whichever is greater.

[5] Sanitary facilities of one toilet and one washbasin per 15 children shall be provided.

[6] Each day-care center and nursery school as defined herein must provide for proper heating, ventilation and lighting for the safe and adequate protection of the health of the children. Rooms must be properly screened to protect the children from insects.

[7] Each day-care center and nursery school as defined herein shall keep all noxious, toxic and/or otherwise harmful equipment and/or chemicals in a separate, locked storage area, an adequate and safe distance from the usable areas inside and outside the facility.

[8] No portion of a facility as regulated herein shall be located within 300 feet of gas line pumps, underground gas line or oil storage tanks or any other explosive materials.

[9] No day-care center or nursery school as defined herein shall be located in a private residence unless that portion of the residence where the facility will be operated is designed and used exclusively for children during the hours of operation and/or is completely separate from the living quarters. Such portion of the residence used for day care or nursery school shall meet all applicable health and building code requirements.

[10] Staff requirements. Staff/child ratios and staff qualifications shall be as specified under 18 NYCRR 418.12(e) for day-care centers and 8 NYCRR Part 125 for nursery schools.

[11] Nutrition. Snacks and/or meals shall be provided as per guidelines set forth in 18 NYCRR Part 418 and 8 NYCRR Part 125 for day-care centers and nursery schools, respectively.

(3) Documentation required.

(a) All applications for day-care centers and nursery schools shall include the following information:

[1] A site plan, including outdoor recreational space, parking areas, dropoff/pickup areas, emergency equipment/vehicle access, screening buffering landscaping and abutting property uses.

[2] An interior floor plan, including planned occupancies or uses of all interior areas, with dimensions, entrances/exits, toilets, stairwells, fire/smoke detectors, sprinkler system, etc.

[3] Reports from the Town Code Enforcement Officer, Fire Marshal and County Health Department that facilities meet applicable codes.

[4] A certificate of insurance evidencing a current effective personal injury liability policy covering the use and operation of the premises as a day-care center or nursery school as per respective New York State requirements.

(b) All day-care center applications shall show evidence of a licensing by the New York State Department of Social Services and full compliance with the requirements thereunder.

(c) All nursery school applications shall show evidence of registration with the New York State Department of Education and full compliance with the requirements of 8 NYCRR Part 125.

I. Fast-food, drive-through and drive-up establishments.

(1) Compatibility. Before approving any fast-food or drive-up or drive-through establishment, the Planning Board shall consider and regulate the following:

(a) Vehicular traffic movements and potential hazards to pedestrian safety. All drive-through aisles shall exit into a parking area or onto a side street and not directly onto Route 17M.

(b) Proposed signs, lighting, speaker noise where residential properties are located nearby and landscaping.

(c) Parking shall be adequate for the type of facility proposed, with three additional short-term spaces devoted specifically for pickup or order delays for each drive-up, drive-through, walk-up or pickup window or area inside or outside the building.

(d) Public roads and internal drive aisles shall not be blocked by waiting drive-through traffic.

(e) Parking areas and circulation drives shall be adequately separated so as to avoid conflict between parked cars and waiting drive-through traffic.

(f) Adequate stacking space will be provided for waiting drive-through vehicles such that these vehicles do not interfere with site vehicular or pedestrian circulation.

(2) Conditions. Any such use shall meet the following conditions of operation:

(a) Provision of sufficient security to prevent the use of the premises as a loitering place during hours of operation.

(b) Provision of adequate facilities and personnel for disposal of trash and other debris.

(c) Provision of continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.

J. Gasoline filling stations.

(1) The lot area shall be not less than 20,000 square feet and have a minimum frontage along the principal roadway of at least 200 feet.

(2) No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

(3) All fuel pumps and tanks shall be located at least 25 feet from any building, structure or street line.

(4) Fuel pump canopies may be located in a required front yard, but shall be located with a front yard setback of at least 25 feet unless otherwise restricted.

(5) Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

(6) Convenience stores located on the same lots as a filling station shall be limited to 1,000 square feet in total area, and larger stores shall require larger minimum lot areas as follows:

(a) Stores 1,001 to 2,500 square feet in area shall require lots of 30,000 square feet;

(b) Stores 2,001 to 4,000 square feet in area shall require lots of 40,000 square feet; and

(c) Stores with drive-throughs shall require lots of 60,000 square feet.

(7) Diesel fuel pumps shall be no more than 25% of all retail fuel pumps.

(8) Car wash facilities shall be allowed as part of a filling station. Where car wash facilities are provided, the applicable provisions of § 98-29I as regulating the drive-through element shall apply.

K. Manufacturing, assembling, converting, altering, finishing, cleaning or other processing of products in reference to the LB-SL District. This use shall apply to manufacturing, assembling, converting, altering, finishing, cleaning or other processing of products where goods so produced or processed are to be sold exclusively on the premises, provided that:

(1) Not more than two employees are engaged in such production or process.

(2) The area used for the production process shall be fully concealed from any street or residence and shall be not greater in area than 50% of the area devoted to retail use.

L. Motels or hotels.

(1) One thousand five hundred square feet of lot area is required per room.

(2) Permitted accessory uses include a restaurant or coffee shop not to exceed 10% of the site, an auditorium or conference center, a swimming pool and related facilities for the exclusive use of guests.

(3) Where the use of conference facilities is not strictly limited to overnight guests, additional parking shall be provided for the conference center as a separate use with not more than 20% credit granted for overlapping parking use.

(4) Motels or hotels shall permit transient guests only, for stays limited to not more than 14 consecutive nights.

M. Motor vehicle sales garages or dealerships, including repair, service, and sales.

(1) This category shall include repair, service and sales of the following: automobiles, camper trailers and mobile homes, trucks, boats and snowmobiles.

(2) Vehicle lifts or pits, dismantled or wrecked autos, all parts, supplies and major maintenance and servicing shall be located within a fully enclosed building.

(3) If fuel pumps are to be included at the site, no gas pump shall be within 30 feet of any lot line. Adequate vehicular circulation area shall be provided around the pumps so that a vehicle that is being fueled does not obstruct site circulation.

(4) Adequate parking shall be provided for vehicles being serviced on the lot at any one time.

(5) Area(s) to be used for parking and/or displaying vehicles for sale shall be specifically shown on the site plan. In no case shall vehicles for sale be allowed to be parked or displayed so as to impede sight distance or to create any other potentially hazardous condition.

(6) Car wash facilities may be included with such use solely for maintenance of vehicles being serviced or sold.

N. Planned adult communities.

(1) The Planned Adult Community (PAC) District is intended to provide for planned adult communities where permitted in the zoning district tables as a floating zone. In order to be designated as a PAC such a parcel shall contain at least 25 acres and shall be located either on state or county roads or shall have direct access to such roads via new private, Town or village collector roads without traveling through existing residential subdivisions. In order to demonstrate suitable acreage and access a concept plan shall be provided showing roadways, open spaces, housing areas, wetlands, recreation areas and other site features in a broad conceptual fashion adequate for the Town Board to determine suitability of the site for a PAC District. Such properties must also be proven capable of providing central water and sewer services or of being provided with the same. Upon approval of the property rezoning as a PAC by the Town Board, the use would be allowed subject to site plan approval by the Planning Board.

(2) Planned adult communities would be subject to the following conditions:

(a) Age restriction. The PAC shall comply with applicable New York and federal law, as the same may be amended, so that at all times the PAC qualifies as housing for older persons, intended and operated for occupancy by persons 55 years of age or older, as currently provided in 42 U.S.C. § 3607(b)(2)(c). In no event shall any person under the age of 19 permanently occupy a unit in a PAC. However, such age restriction shall not apply to units occupied by one employee of the homeowners' association and his or her household members; units occupied by a householder over age 55 with a dependent child, under age 55, or a spouse or domestic partner under age 55. A deed restriction that enforces the above requirement shall be provided in a form acceptable to the Town Attorney and shall be included in every deed conveying title to each lot and in a project "offering plan."

(b) Principal permitted uses. In the PAC, no building, structure or premises shall be used or occupied, and no building or part thereof or structure shall be erected or altered unless otherwise provided in this chapter, except for the following uses, which shall be mixed in order to create a variety of housing types:

[1] Detached single-family dwellings (60% to 90% of the units).

[2] Attached single-family dwelling units (0% to 20% of the units).

[3] Multiple rental apartment dwelling units (0% to 20% of the units).

[4] Accessory uses incidental thereto such as:

[a] Facilities for maintenance, administration, gatehouses, garage, off-street parking, utility systems, and recreational amenities or clubhouses, including swimming pools, tennis courts, walking trails and athletic fields.

[b] One residence for a resident caretaker or administrator owned by the HOA.

[c] Such other facilities and/or buildings as the Planning Board in its discretion shall deem necessary and/or appropriate to the operation and function of the PAC.

[d] LB uses. NOTE: If a PAC is of sufficient size (400 units or more) or if it is located on a road adjacent to where the Comprehensive Plan provides for existing or future LB uses, the Town Board may zone an area LB to integrate such uses into the PAC. In the alternative, the Town Board may select from the list of uses in an LB District a limited number of uses to be allowed in a PAC.

[5] Condominiums are prohibited in planned adult communities; ownership of single-family attached and detached housing must be fee simple.

(c) Any application for site plan approval herein shall be accompanied by a conceptual site plan showing compliance with the provisions of this chapter. Setbacks and other area and bulk requirements may be varied by the Planning Board so long as overall density and lot coverage is not increased.

(d) In the PAC, no building, structure or land shall be used, erected, altered, enlarged or maintained unless it is in accordance with the site development plan and its amendments approved by the Planning Board of the Town of Chester as hereinafter prescribed; such site development plan shall meet at least the following minimum requirements:

[1] Minimum lot area: The minimum area shall be 25 acres. There shall be no limitation on the maximum acreage.

[2] Density:

[a] A maximum of three detached dwelling units per acre shall be permitted within the SR-2 District.

[b] A maximum of six attached single-family townhouses or multiple dwelling units per acre shall be permitted within the SR-2 District.

[c] A maximum of six detached dwelling units per acre shall be permitted within the SR-6 District.

[d] A maximum of eight attached single-family townhouses or multiple dwelling units per acre shall be permitted within the SR-6 District.

[e] In the calculation of density, those existing areas of 5,000 square feet or more having grades of 25% of greater, and areas subject to flooding as depicted on FEMA maps, and delineated federal or state wetlands and their regulated buffers, and water bodies shall not be included in the area of the lot used to calculate permitted density.

[3] Building area: Lot coverage for all buildings and structures shall not exceed 25% of the site area used for permitted density calculation.

[4] Height:

[a] No structure shall exceed 35 feet except: domes; spires, chimneys; skylights; antennas and other similar appurtenances so long as such structure or device does not create a hazard to abutting properties and does not exceed 10% of the roof area.

[b] Bulky appurtenances such as dumpsters and the like shall be appropriately screened and where practicable, constructed of similar material and design as the buildings.

[5] Setback requirements: No buildings or structure other than entrance gatehouses, walls, fences or signs shall be located within 50 feet of the outer perimeter line of the PAC properties.

[6] Buffer area requirements shall include:

[a] A minimum of 50 feet of natural wooded, revegetated or landscaped area along the side and rear lot lines of the overall site shall be provided. In addition to the fifty-foot buffer, where deemed appropriate by the Planning Board, suitable solid wood fencing (excluding chain link or stockade fencing) or vegetative screening along side and rear property lines shall be required as approved by the Planning Board.

[b] Recreational areas and other unimproved areas shall remain in their natural state to the extent practicable or otherwise suitably revegetated and/or landscaped.

[c] Bonding requirements in accordance with § 98-19 apply.

[7] Off-street parking shall be required as provided in § 98-22C(1)(a), except the Planning Board may permit or require land banking to the extent it deems practical or appropriate for additional parking spaces.

[8] Habitable area: The minimum habitable area of the dwelling units as set forth in this section shall comply with the following requirements:

[a] Single-family detached units shall have 1,200 square feet, with no more than three bedrooms.

[b] Multiple residences and single-family attached units shall have 1,000 square feet per dwelling unit with no more than two bedrooms.

[c] One resident manager's dwelling unit not subject to age restrictions containing not more than three bedrooms per PAC site.

(e) Additional requirements.

[1] Consideration shall be given in planning walks, ramps and driveways. Gradients of walks shall not exceed 10%; single riser grade changes in walks shall not be permitted. All outdoor areas available to the residents shall be designed so as to permit residents to move about freely.

[2] The design and location of all buildings, recreational facilities and other site improvements shall be consistent with the ultimate purpose of achieving pleasant living arrangements for persons 55 years of age or older, and shall contemplate the desires and needs of such persons for privacy, participation in social and community activities and accessibility to all community facilities.

[3] Adequate facilities and provisions shall be made for the removal of snow, trash and garbage and for the general maintenance of the community which shall be covenanted as a condition of site plan approval. All dumpsters shall be suitably screened and located on permanent platforms, suitably enclosed on at least three sides and located at least 50 feet from any window of a habitable dwelling unit. A suitable maintenance agreement shall be part of the conveyance, which agreement shall be in form and content approved by the Town Attorney.

[4] All dwelling units shall be air conditioned with individual thermostatic controls for heating and air conditioning.

[5] All dwelling units shall incorporate design features to the maximum extent practical which insure the safety and convenience of the residents, including, but not limited to, provisions of grab-bars, nonscalding faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible doorways.

[6] Washers and dryers shall be installed in individual dwelling units.

[7] If pets are permitted, specific pet walking areas designed and located so as to prevent nuisance and annoyance or health hazards to the residents and/or abutting property shall be provided.

[8] Artificial lighting of grounds shall provide illumination sufficient for the convenience and safety of the residents.

[9] Site plans and approvals:

[a] The Planning Board shall review and conduct a public hearing on all applications for development in accordance with the provisions of the site plan regulations.

[b] Where the proposed site development plan indicates that an area variance is required, the Planning Board shall have jurisdiction to grant or deny such a variance under the Town's clustering provisions.

[c] The Planning Board shall have architectural and landscape review powers and shall make recommendations prior to approval.

[d] As all users of the dwellings will have a demand on the Town's recreational facilities, a "money in lieu of parkland" fee to be used for the acquisition and improvement of recreation areas in the Town is required.

[10] Homeowners' association required. All PACs shall be required to create a homeowners' association, which shall have dominion over the common areas within the development. Homeowners' association (HOA) rules and regulations shall be reviewed by the Town Attorney, during the plan review process, to determine compliance with Town regulations. Prior to final approval of the site plan, the developer shall obtain such approval, acceptance, or "no action letter" as may be required by the State of New York Department of Law, pursuant to the Martin Act (General Business Law § 352 et seq.) and/or such other laws or regulations as may apply to the offering for sale of common interests in realty. Copies of all submissions and responses, including but not limited to articles of incorporation and bylaws for such homeowners' association, shall be supplied to the Town Attorney.

[11] Where otherwise not modified by this chapter, all other conditions of site plan approval and/or subdivision regulations of the Town shall apply.

[12] Conservation, recreation, utility or access easements required by the Planning Board or Town Board shall be shown on an approved plan and also filed in the office of the Orange County Clerk as a deed restriction in a form approved by the Town or Planning Board Attorney.

O. Schools, private and public.

[Amended 9-27-2017 by L.L. No. 1-2017]

(1) Elementary schools (K-3): minimum lot area shall be as outlined per student below.

Number of Students	Acres
0 to 25	2
26 to 50	3
51 to 100	4
Each 1 to 100 additional	1 additional

(2) Elementary schools (K-6): minimum of four acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

(3) Secondary schools (7-12) and colleges: minimum of 11 acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

(4) Access and circulation.

(a) All schools shall provide access drive(s) providing for safe and adequate ingress and egress to and from the site complying with sight distance requirements for municipal road intersections. However, if the Planning Board, in its discretion, shall find that special circumstances in the area of a given site warrant, greater sight distance than the minimum may be required.

(b) Safe and adequate internal vehicular site circulation patterns shall be provided for cars and/or buses if applicable. If a dropoff area is provided near the building, one-way traffic patterns must be provided for the dropoff area. Internal circulation patterns in the parking lot(s) and around the building shall minimize pedestrian/vehicular conflict.

(5) Outdoor play areas and/or fields for various sports shall be provided sufficient to meet the needs of the student body, with playing areas to be located on slopes less than 5%. Said play areas shall be located so as to avoid creating a nuisance to adjoining property owners, and shall incorporate physical separation, screening and other measures for this purpose. No outdoor lighting shall be provided for playing fields without the express approval of the Planning Board upon a finding that such lighting will not create a nuisance nor a harmful visual impact that is inconsistent with the surrounding neighborhood.

(6) All schools shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code.

(7) Schools should be situated on sites that have access to public water and sewer infrastructure.

P. Public utility structures and rights-of-way.

(1) This shall include but not be limited to transmission towers and rights-of-way as well as structures such as telephone switching boxes. Rights-of-way and lot bulk and setback requirements shall be established by the appropriate approval agency. Where no other agency has established bulk or setback requirements, the Planning Board shall establish the same as it deems reasonable and necessary based on the specific use and the public health and safety requirements appropriate to the same; e.g., if the use is a tower, adequate setbacks shall be provided for safe "fall" zones and for protection from blowing ice.

(2) Transmission towers, utility poles and towers and water towers, to the extent allowable by law, are subject to the Ridge Preservation Overlay District standards in § 98-26. Any such structure shall be located 1 1/2 times its height from any adjacent nonutility structure as a hazard and safety requirement.

Q. Regulated adult uses.

(1) These special requirements are intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operations characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area, and the secondary control is for the purpose of preventing such uses from located excessively close to sensitive receptors such as schools and churches.

(2) Regulated uses; restrictions:

(a) Regulated adult uses include, but are not limited to, the following:

[1] Adult bookstore.

[2] Adult motion-picture theater.

[3] Adult mini-motion-picture theater.

[4] Adult entertainment cabaret.

(3) Regulated adult uses shall be permitted where indicated in the Schedules of Use and Area Requirements for the Town of Chester zoning districts,[1] subject to the following additional restrictions:

(a) No such regulated adult uses shall be allowed within 500 feet of another existing adult use or approved site for such use.

(b) No such regulated adult use shall be located within 500 feet of any existing place of public assembly, park, or public recreation area.

(c) No such regulated adult use shall be located within 500 feet of an existing school or place of worship.

[1] Editor's Note: Said schedules are included at the end of this chapter.

(4) Exterior display prohibited. No regulated adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property containing a regulated adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

(5) Severability. If any provision of this chapter or the application of any provision to any item in § 98-29Q is held invalid, the invalidity of that provision or application shall not affect any of the other provisions or the application of those provisions to other items in this chapter, section or paragraph.

R. Self-service storage. Site and design requirements:

(1) Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii where applicable to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet for either one- or two-way traffic flows.

(2) Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Planning Board approval of the exterior finish of the same and other elements in Subsection R(3) below. Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection R(3) below.

(3) Aesthetic, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well-landscaped and maintained facility and to avoid a monotonous or fortress-like appearance to the extent that the facility may be visible off site. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including their roof pitch, shall be reviewed by the Planning Board as to their conformity with surrounding structures and community character to the degree said structures are visible to other properties. Security lighting shall be provided on the site, but in no case shall lighting be directed so as to cause a nuisance or hazard to other properties.

(4) Limits on building length and height.

(a) Limit on building length: 220 feet.

(b) Limit on building height: 15 feet for buildings with flat roofs or up to 23 feet for buildings with pitched roofs.

(5) Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, hazardous materials, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site either by lessees of storage units or by the owners or operators of the site. Parking spaces required pursuant to Subsection R(10) below may not be rented as nor used for vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection R(10) below may be provided for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft except that, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage shall be permitted subject to Planning Board approval. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles at a self-service storage facility.

(6) Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single, self-service storage facility.

(7) Drainage. Adequate drainage control measures shall be provided on the site so as to avoid increasing the existing rates of flow off the site. Provision shall be made for protecting the quality of the surface water runoff from the site both during the operation of the site as well as during its construction.

(8) Signs. The provisions of § 98-21 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. In no case shall any signage or other attention-getting devices be mounted to the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.

(9) Accessory uses. A leasing office for the purpose of leasing the units within the self-service storage facility may be provided on the site. A manager's apartment may be provided for the use of a resident, on-site manager in addition to an accessory leasing office. The combined total size of the manager's apartment and the leasing office may not exceed 1,200 square feet.

(10) Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to that required for the remainder of the facility.

(11) Separation requirements. A self-service storage facility shall be separated from another self-service storage facility by a straight line distance of 1,500 feet.

S. Senior assisted-care facility.

(1) May be included as part of a senior housing or planned adult community.

(2) If not part of such a use the project must have direct access to a state or county road and be buffered from surrounding uses in accordance with LB or GC buffer requirement of § 98-19.

T. Senior housing (Affordable senior housing as approved by NYS Division of Housing).

(1) Purpose. In order to provide a large number of affordable housing opportunities for senior citizens in the Town and to provide adequate review and supervision of development by requiring both conceptual and specific plan approval under the rules for site plan review or the subdivision regulations. The Town Board may authorize senior citizen housing projects based upon the standards and procedures spelled out below.

(2) Gross density. The Town Board, upon the recommendation of the Planning Board, may authorize the Planning Board to modify those sections of this chapter relative to lot dimensions, building setbacks and density in the further subdivision or site plan of properties when necessary to comply with provisions in this section.

(a) Senior citizen detached single-family dwelling units may be allowed at a maximum density level of four dwelling units per acre in the SR-2 District and at a maximum density level of eight dwelling units per acre in the SR-6 District.

(b) Senior citizen multiple-dwelling units and senior assisted-care facilities in an SR-2 or SR-6 District may have the following density levels:

[1] For efficiency units and partial, assisted-care units: 18 units per acre.

[2] For one-bedroom units: 12 units per acre.

[3] For two-bedroom units: 10 units per acre.

[4] Units with more than two bedrooms or any combination of more than two rooms which are not a living room, bathroom, dining room or kitchen are not permitted.

(c) Maximum size of senior citizen dwelling units and partial, assisted-care units:

[1] Efficiency and partial, assisted-care units: 450 square feet.

[2] One-bedroom: 700 square feet.

[3] Two-bedroom: 900 square feet.

(3) Location. This type of housing is distinguished from active adult, planned adult or other over 55 communities in that it is regulated by the NYS Division of Housing and is only for families or individuals on strict limited incomes. Residents must be 60 to apply but the average age is over 70 and their activities are usually limited. As a result, such housing must be located in close proximity to one or more of the following facilities or uses: church, community facility, stores and shops, banks or post office. Close proximity, for the purpose of this section, is deemed to be 1/4 mile as measured in a straight line between properties.

(4) Housing described in this section is regulated by the NYS Division of Housing and shall exist or be designed and constructed for the needs of seniors and is subject to the management or other legal restrictions that require all of the units to be occupied by persons 60 years of age or older. Notwithstanding the foregoing, adults under 60 years of age and children may reside in the units where:

(a) The adult is the spouse of a person 60 years of age or older.

(b) The adult's presence is essential for the physical care of a person 60 years of age or older.

(c) The minor children are residing with their parent, parents or legal guardians where their parent, parents or legal guardian are 60 years of age or older, and the minor children residing therein are under physical or other disability and cannot care for themselves.

(d) Housing shall be available first to residents of the Town of Chester.

(5) Assurances for senior citizen and affordable housing projects.

(a) Legal assurances. Each application for a proposed senior citizen or affordable housing development shall be accompanied by appropriate undertakings, deed restrictions, easements and the like, in form and content satisfactory to the Town Attorney, as may be necessary to provide for and assure continued proper future maintenance and ownership responsibilities for all common areas, facilities and utilities within each stage of development or section thereof.

(b) Other assurances. The Planning Board may condition its recommendation of approval upon the applicant obtaining any other necessary approvals from the appropriate Town, county or state agencies having jurisdiction thereof.

(c) Performance bond. The applicant may be required to post a performance bond in an amount sufficient in the opinion of the Town Board and in favor of the Town in the form of a cash payment, surety bond or letter of credit to assure that all ancillary facilities, utilities and common areas shown on the proposed site plan are provided, together with provision for their future maintenance and care. Said performance bond shall be less than five years after full completion as determined by the Town Board.

(d) The applicant shall provide assurances to the Planning Board of an adequate availability of public central water and central sewer services.

(6) The applicant proposing an affordable senior citizen housing development shall assure the Town Board with the necessary market analysis and documentation to the satisfaction of the Town Board that there is an identifiable need for the project proposed.

U. Townhouses on individual lots in fee simple ownership and multiple dwellings.

(1) Each townhouse dwelling shall be situated on a lot with a minimum width of 20 feet, a front yard depth of 15 feet, a rear yard depth of 30 feet and a lot area of 2,000 square feet. If side yards are provided they shall be at least 15 feet wide.

(2) No more than six townhouse dwelling units shall be allowed per acre regardless of the number of bedrooms per dwelling. No more than three bedrooms are allowed per dwelling.

(3) Each townhouse lot shall front on a public or private street.

(4) There shall be provided on the townhouses or multiple-dwelling site usable open space at the rate of 700 square feet per dwelling unit. For every dwelling unit containing three or more rooms, there shall be provided usable open space for outdoor play area for children at the rate of 100 square feet per dwelling unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be reserved and maintained by the owner or home association and may be suitably fenced or screen planted. Such outdoor play area for children may be counted as part of the required usable open space per dwelling unit.

(5) Each principal residential building shall contain no more than eight residences. In any principal building with four or more residences the front and rear facades shall be offset by at least four feet for every two dwellings.

(6) Townhouse dwelling units with three bedrooms shall not exceed 20% of the total number of dwelling units in a development located in a single project. For the purposes of this section, any rooms other than bathrooms, kitchens, living rooms and an open dining alcove or area shall be considered a bedroom.

(7) If the rear of any principal building shall be opposite any other principal building, it shall be distant therefrom not less than twice the average height of the opposite bounding walls.

(8) The side of a principal building, if opposite the side of another principal building, shall be separated therefrom by a distance not less than the average height of the opposite bounding walls.

(9) Fire-retardant walls constructed of cinder block or similar material approved by the Building Inspector shall be used to fully separate all dwelling units in townhouses and multiple dwelling buildings. Such walls shall extend to the full height of said structure.

(10) All accessory buildings, carports or garages, if not attached shall be separated from the principal building by at least 25 feet. Recreational buildings and facilities shall be separated by an adequate distance, in the opinion of the Planning Board, so that normal living conditions of the residents are not adversely impacted unless they are part of the building. Depending on the type of activities, buffered, landscaped separations may be required between uses.

(11) All sites shall be fully landscaped by a professional landscape architect and a bond in accordance with § 98-19 shall be provided for the installation and guaranteed performance of all landscaping work performed on site. The bond shall be returned by the Town Board upon recommendation of the Planning Board in whole or in part as work is completed and as guarantee periods expire.

V. Veterinarian's office and/or kennel accessory to a residence.

[Amended 6-7-2005 by L.L. No. 2-2005]

(1) No outdoor kennel, runway or exercise pen shall be located within 300 feet of any lot or street line.

(2) Adequate provisions shall be made for enclosed food storage and proper disposal of fecal mailer, so as to avoid promoting water pollution, odors or vermin.

W. Market-rate senior housing.

[Added 9-9-2008 by L.L. No. 4-2008]

(1) Purpose: to provide a variety of market-rate multi-family senior housing opportunities for senior citizens in the Town and to provide adequate review and supervision of developments by requiring both approval of legal age restrictions and site plan approval under the rules for site plan review. The market-rate senior housing uses are intended to be permitted only in those SR-2 and SR-6 Zones located within one-half mile of the Village of Chester and one-half mile of the LB-SL Zone in the Hamlet of Sugar Loaf. In order to be designated as such, a parcel shall be located either on state or county roads or having direct, safe and adequate access to such roads without adversely impacting existing residential developments. Such properties must also be proven capable of providing adequate central water and sewer services or being provided with the same. Such use shall be allowed subject to site plan approval by the Planning Board. The Planning Board shall authorize market-rate senior housing projects based upon the standards spelled out below. Subsection W(13)(b) will be reviewed for such project by the Town Attorney and approved by the Town Board prior to Planning Board approval.

(2) Minimum lot area. The minimum area shall be 10 acres.

(3) Density.

(a) A maximum of eight multiple dwelling units per acre shall be permitted within the SR-2 district.

(b) A maximum of 10 multiple dwelling units per acre shall be permitted within the SR-6 district.

(c) In the calculation of density, only buildable lot area shall be included in the area of the lot used to calculate permitted density.

(4) Building coverage of a lot. For the purpose of this Subsection W only, all buildings and structures shall not exceed 25% of the site area used for permitting density calculations or the buildable area of a lot.

(5) Height. No structure shall exceed 40 feet except domes, spires, chimneys, skylights, antennas, and other similar appurtenances so long as such structure or device does not create a hazard to abutting properties and does not exceed 10% of the roof area.

(6) Setback requirements. No buildings or structures other than entrance gatehouses, walls, fences or signs shall be within 75 feet of the outer perimeter of the property. Buildings shall be no closer to each other than the average height of opposite bounding walls.

(7) Buffer area and screening requirements shall include:

(a) A minimum of 50 feet of natural wooded, revegetated or landscaped area along the side and rear lot lines of the overall site.

(b) Suitable solid wood fencing (excluding stockade fencing) or vegetative screening along side and rear property lines where deemed appropriate by the Planning Board.

(c) Open space and unimproved areas shall remain in their natural state to the extent practicable or otherwise suitably revegetated and/or landscaped.

(d) Required front yard areas along roads shall be landscaped as required by the Planning Board and no parking shall be allowed in required front yards.

(e) Bulky appurtenances such as dumpsters and the like, shall be appropriately screened, and, where practical, constructed of a similar material and design as the buildings on the site.

(8) Allowable accessory uses incidental thereto include facilities for maintenance, administration, gatehouses, garages, off-street parking, utility systems, and recreational amenities or clubhouses, including, but not limited to, swimming pools, tennis courts, and walking trails.

(9) The number of three-bedroom units in each market-rate senior housing development will be restricted to no more than 20% of the total unit count.

(10) The market-rate senior housing developments shall provide facilities for public transportation on site, including but not limited to bus stops and pedestrian pathways to adjacent developments, where appropriate.

(11) The market-rate senior housing projects shall have a minimum of 10% affordable housing units in the total unit count. Residents would be eligible for affordable housing if they make no more than 80% of the median household income in Orange County, as defined by HUD.

(12) Market-rate senior housing would be subject to the legal restrictions that require all of the units to be occupied by persons 60 years of age or older. Notwithstanding the foregoing, individuals under 60 years of age may reside in the units under the following circumstances:

(a) The individual is the spouse of a person 60 years of age or older.

(b) The individual's presence is essential for the physical care of a person 60 years of age or older.

(c) The individual is related to a person 60 years of age or older and suffers from a physical or mental disability that prevents the individual them from caring for himself or herself.

(d) Children of any age shall not be permitted to reside in the market-rate senior housing projects except as provided for under the preceding Subsection W(12)(c).

(13) Market-rate senior housing shall be subject to the following restrictions:

(a) Housing shall be available first to residents of the Town of Chester, then to relatives of residents of the Town of Chester, before it is open to the public.

(b) Legal assurances. Each application for a proposed senior housing development shall be accompanied by appropriate undertakings, deed restrictions, easements and the like, in form and content satisfactory to the Town Attorney, as may be necessary to provide for and assure continued proper future maintenance and ownership responsibilities of all common areas, facilities and utilities within each stage of development or section thereof.

(c) Performance bond. The applicant may be required to post a performance bond, in an amount sufficient in the opinion of the Town Board and in favor of the Town, in the form of a cash payment, surety bond or letter of credit to assure that all ancillary facilities, utilities and common areas shown on the proposed site plan are provided, together with provisions for their fixture maintenance and care. Said performance bond shall be for not less than five years after full completion of the project as determined by the Town Board.

(d) Each unit in the senior housing complex would be required to pay a fee in lieu of parkland to the Town of Chester.

§ 98-30 Site plan approval.

A. Intent. The intent of site plan approval is to determine compliance with the objectives of this chapter. The objective is to evaluate various land uses that may cause a conflict between existing and proposed uses or be in conflict with natural site conditions and thereby minimize the adverse effects concerning health, safety and overall welfare of the residents of the community.

B. Authorization. The power to approve, approve with modification or deny site plans as required by this chapter is vested in the Planning Board. Section 274-a of the Town Law provides the legislative means for the Town Board to authorize herein that the Planning Board review and approve site plans. Prior to the issuance of a building permit for the construction or expansion or change in the type of use per line item in the Schedule of District Regulations,[1] for any use that requires site plan approval, a site plan and supporting documentation shall be submitted to the Planning Board for its review and approval. In addition, for any use change that will increase water consumption, sewer capacity, parking requirements, or adversely change environmental concerns, such new use shall be subject to new site plan review and approval. The Building Inspector shall consult with the Town Engineer as necessary for interpretation of any "change in the type of use" for the purpose of determining the need for Planning Board site plan review and approval. All site plans shall be prepared by a duly licensed architect or professional engineer.

[1] Editor's Note: Said schedule is located at the end of this chapter.

C. Guiding principles and standards. In authorizing any use, 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 of the residents of the immediate neighborhood in particular, and may attach reasonable conditions and safeguards as a precondition of its authorization. The Board shall consider the following general objectives:

(1) Such use shall be one which is specifically listed as a use requiring site plan approval in the district within which such particular site is located.

[Amended 3-6-2007 by L.L. No. 4-2007]

(2) For every such use requiring site plan approval, the Planning Board shall determine that the provisions of § 98-30D can be fully complied with, as well as all applicable sections of this chapter and all other applicable ordinances and laws.

[Amended 3-6-2007 by L.L. No. 4-2007]

(3) All proposed structures, equipment or material shall be readily accessible for fire and police protection.

(4) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

(5) In addition to the above, in the case of any use located in or directly adjacent to a residential district:

(a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the normal traffic of the neighborhood.

(b) The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

D. Uses requiring site plan approval. Site plan approval by the Planning Board shall be required for all uses requiring site plan approval and all principal permitted uses, except single- and two-family dwellings, prior to the issuance of a building permit by the Building Inspector for the construction or expansion of a building or structure. No building permit shall be issued by the Building Inspector for a use which requires site plan approval except upon authorization of and in conformity with the plans approved by the Planning Board.

E. Procedure. Application for authorization of a use requiring site plan approval shall be made directly to the Planning Board, in the manner required by the Planning Board with the required fees and escrow payments payable to the Town of Chester.

[Amended 3-6-2007 by L.L. No. 4-2007]

(1) Process.

(a) Sketch plan or presubmission conference. Upon submission of an escrow fee or application fee, a presubmission conference or work session may be scheduled by the Planning Board Chairman with Board consultants and/or members to discuss a proposed project. The purpose of the meeting is to encourage an applicant to consult early and informally with the Planning Board regarding his proposed concept in order to save time and money and to make the most of opportunities for desirable development.

(b) At the initial meeting with the Planning Board, the Planning Board may determine if the three-step process of a sketch, preliminary and final plan shall be required and if a public hearing will be required. Such decisions may be delayed to a later meeting.

(c) Application may be made for a sketch or preliminary plan subject to the requirements described below. The applicant and/or his representatives may contact the Planning Board office for advice prior to determining which type of submittal may be most appropriate considering the proposed use or change of use. Before preparing a concept layout, the applicant may discuss the general requirements as to design of streets, reservation of land, drainage, sewerage, water supply, fire protection and other improvements, as well as procedural matters, at a work session.

(d) Notice to adjoining landowners. The Planning Board shall have the discretion to require the applicant to notify adjoining property owners of the application at the beginning of the site plan review process to identify potential areas of concern early in the review process before final plans are developed. Such notice shall be in a form prescribed by the Planning Board Secretary and delivered by the U.S. Postal Service via certified mail, return receipt.

[Added 9-27-2017 by L.L. No. 1-2017]

(2) Sketch plan submittal requirements. A sketch plan, if prepared, shall be submitted with 11 copies to the Planning Board office at least 14 days prior to a meeting date in accordance with the Planning Board procedures described in the Subdivision Regulations, § 83-15, and shall include the following information in as much detail as possible:

(a) An area map showing:

[1] The applicant's entire holdings, that portion of the applicant's property under consideration for development and any adjacent parcels owned by the applicant.

[2] All properties, their ownership and uses, subdivisions, streets, zoning districts, easements and adjacent buildings within 300 feet of the applicant's property.

(b) A site development plan, including the following:

[1] Existing natural features such as water bodies, watercourses, wetlands, wooded areas, individual large trees, flood hazard areas and primary and principal aquifers.

[2] Zoning districts, certified agricultural districts and school districts.

[3] Special improvement districts (water, sewer, light, fire, drainage and the like).

[4] Easements.

[5] All existing man-made features.

[6] All proposed buildings, man-made structures and public improvements.

(c) A map of site topography (United States Geological Survey topo map).

(d) A soils overlay and such other overlays as may be required by the Planning Board.

F. Preliminary site plan.

(1) Application. Application for preliminary site plan approval shall be made by appropriate application form and 11 sets of plans to the Planning Board at least 14 days prior to the next scheduled meeting of the Planning Board, along with an environmental Assessment form (EAF) and required fees. For the purposes of this chapter, the submission date shall be the date of the first regular Planning Board meeting following submission. Applications for site plan approval for apartments and townhouses shall contain a filing fee of $100, plus an application fee of $50 per dwelling unit. A filing fee of $100 for any office/commercial and/or industrial use plus $50 per 2,000 square feet or portion thereof of any proposed building space shall be required.

[Amended 3-6-2007 by L.L. No. 4-2007]

(2) Submittal. The preliminary site plan application shall include the information listed below. The Planning Board may at its discretion waive any preliminary requirements which are clearly not relevant to the proposed use and site.

(a) An area map showing that portion of the applicant's property under consideration for development, any adjacent parcels owned by the applicant and all properties, their ownership, uses thereon, subdivisions, streets, zoning, school, fire and any other special improvement districts, floodplains, easements and adjacent buildings within 300 feet of the applicant's property.

(b) The following information shall be provided:

[1] Title of drawing, including the name and address of the applicant, owner of record, developer and seal of engineer or architect and licensed surveyor. All certifications shall be provided in accordance with the State Education Law.

[2] North arrow, scale and date.

[3] Boundaries of the project plotted to a scale of not more than 100 feet to one inch.

[4] Existing natural features such as primary or principal aquifers, watercourses, water bodies, all wetlands, wooded areas and individual large trees with a diameter of eight inches or more as measured three feet above the base of the trunk. Features to be retained should be noted.

[a] 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 others.

[b] 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.

[c] 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.

[d] Wetlands shall be no closer than 100 feet to a septic system drainfield or expansion area.

[e] 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 and performed by a qualified wetland delineator acceptable to the Planning Board.

[f] 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] Existing and proposed contours at intervals of two feet of elevation.

[6] Location of proposed land uses and their areas in acres.

[7] Location, floor plans and architectural elevations and finish materials of all existing and proposed structures.

[8] Location of all existing or proposed site improvements, including streets, drains, culverts, retaining walls, fences and easements, whether public or private.

[9] A description of sewage disposal and water systems and the location of such facilities.

[10] General landscaping plan, including the location and proposed development of buffer areas and other landscaping, and as may be further regulated within this chapter.

[11] Delineation of the various residential areas, if applicable, indicating for each such area its general extent, description and composition of dwelling unit type and a calculation of the residential density in dwelling units per gross acre for each such area.

[12] Location of all parking and truck-loading areas, with access drives thereto.

[13] Location, design and size of all signs and lighting facilities.

[14] The approximate locations and dimensions of areas proposed for neighborhood parks or playgrounds or other permanent open space.

[15] Building orientation and site design for energy efficiency.

[16] Location of all energy distribution facilities, including electrical, gas and solar energy and utility telephone and/or cable.

[17] Grading and erosion control, including plans to prevent. The pollution of surface water and groundwater by erosion and sedimentation, both during and after construction, including location of control measures. A description of proposed maintenance requirements, practices and schedule as per guidelines set forth in the most recently enacted New York State Department of Environmental Conservation's Erosion and Sediment Control Guidelines for New Development.

[Amended 3-6-2007 by L.L. No. 4-2007]

[18] Location and design 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 in the Town-adopted stormwater management requirements for MS4 municipalities. All sites having a disturbance of one acre or more shall have drainage reports and plans provided by a licensed professional engineer meeting the DEC SPDES requirements for stormwater quality and quantity runoff and erosion control.

[Amended 3-6-2007 by L.L. No. 4-2007]

[19] Drainage report, including supporting design data and copies of computations used as a basis for the design capacities and performance of drainage facilities.

[Amended 3-6-2007 by L.L. No. 4-2007]

[20] The lines and dimensions of all property which is offered or is to be offered for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development.

[21] Where the applicant wishes to develop his property in stages, a site plan indicating ultimate development, presented for informational purposes.

(c) Such additional information that appears necessary for a complete assessment of the project.

(3) Review criteria and general requirements.

(a) The Planning Board's review of the preliminary site plan shall include but is not limited to the following considerations:

[1] Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, width, grade, alignment and visibility for the estimated traffic to and from the site so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 100 feet of the center line of a street which intersects the street upon which said entrance or exit abuts, as measured in a straight line along the curbline and extension thereof of the abutting street.

[2] Circulation and parking. Adequate off-street parking and truck loading spaces are provided to prevent the parking in public streets of vehicles of any person connected with or visiting the use and the interior circulation system is adequate to provide sale accessibility to all required off-street parking.

[3] Location, arrangement, size and design of buildings lighting and signs.

[4] Relationship of the various uses to one another and their scale.

[5] Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands. All playground and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter shall be preserved to the maximum extent possible.

[6] Adequacy of water supply, stormwater and sanitary wastewater disposal systems, including those within existing municipal districts.

[7] Adequacy of structures, roadways and landscaping in areas susceptible to flooding and ponding and/or erosion.

[8] Compatibility of development with natural features of the site and with surrounding land uses.

[9] Adequacy of floodproofing and prevention measures consistent with flood hazard prevention district regulations.

[10] Adequacy of building orientation and site design for energy efficiency. The extent to which the proposed plan conserves energy use and energy resources in the community, including the protection of adequate sunlight for use by solar energy systems.

[11] Adequacy of open space for play areas, informal recreation and the retention of natural areas such as wildlife habitats, wetland and wooded areas.

[12] Adequacy of pedestrian access, circulation, convenience and safety.

(b) All uses shall be subject to the drainage, soil standards, stormwater pollution prevention plan in accordance with § 98-13, street specifications and recreation requirements found in the Subdivision Regulations of the Town of Chester, as now or hereafter adopted.[2]

[Amended 3-6-2007 by L.L. No. 2-2007]

[2] Editor's Note: See Ch. 83, Subdivision of Land.

(c) Except as herein otherwise provided, all uses requiring site plan approval shall be subject to the same conditions and requirements as are applicable to major subdivisions, including but not limited to improvements, inspection fees and bond requirements, unless such conditions and requirements or any of them are waived by the Planning Board.

(d) In its review of a preliminary site plan, the Planning Board may consult with the Code Enforcement Officer, Fire Commissioners, other local and county officials and its designated private consultants in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Services, the State Department of Transportation, United States Postal Service and the State Department of Environmental Conservation.

(4) Decision and hearing process: public hearing, determination and scheduling.

[Amended 3-6-2007 by L.L. No. 4-2007]

(a) Upon the Planning Board's certification that the preliminary site plan application is complete and satisfactory, the Planning Board shall determine if a public hearing is required. If a public hearing is not required, the following actions must be taken prior to a decision which must occur within 62 days from the time of such certification. First, a negative declaration under SEQRA must be issued prior to a decision, and second, if required for the site in question, the Orange County Planning Department must be notified under Sections §§ 239-l and 239-m of the General Municipal Law in accordance with §§ 98-38F and 98-39E of this Zoning Law.

(b) If a public hearing is required, the SEQRA and Orange County Planning Department notifications, as described above, must be addressed prior to, or simultaneously with, the scheduling of a public hearing. A public hearing shall be scheduled within 62 days from the time of such certification. The hearing must be advertised at least once in the official Town-designated newspaper at least 10 days before it is held and by posting notice thereof by certificate of mailing to the owners of the property within 500 feet of the proposed site and to any other persons whom the Board may deem to be particularly affected, said advertisement to be submitted by the applicant and the certification of affected landowners to be made by the applicant and demonstrated to the Board at the time of the public hearing. Any applications for site plan approval located within 500 feet of an adjacent municipality shall be forwarded to the Municipal Clerk of that municipality at least 10 days prior to said public hearing.

(5) Notification of decision. Within 62 days of the public hearing at which a preliminary site plan is considered, the Planning Board shall act upon it. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, approved with modifications or disapproved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report. The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan application. If the preliminary layout is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission of the preliminary site plan.

G. Final site plan.

(1) Application. After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan and approval for all necessary permits from state and county officials, the applicant may submit a final site plan to the Planning Board for its review and approval. However, if more than six months have elapsed between the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim; the Planning Board may require a resubmission of the preliminary site plan for further review and possible revisions prior to accepting the proposed final site plan for review.

(2) Submittal requirements. The final site plan shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All compliance shall be clearly indicated by the applicant. The final site plan shall also include the following information:

(a) Grading, drainage and erosion and sedimentation control plans showing all proposed topography at appropriate levels, design calculations and specifications.

(b) Design and construction materials and limits of improvements not requiring structures, such as parking, loading, drives and outside storage areas.

(c) Location, arrangement and construction design of access drives, egress and roads, including pedestrian and vehicle travel within the site information shall include profiles and cross sections of roadways, drives and sidewalks showing grades, widths and location and size of any utility lines.

(d) Design and construction materials of any water and sewer lines and appurtenances.

(e) Location, design and construction materials for all energy-distribution facilities, including electric, gas and solar energy.

(f) Design and construction materials for any outdoor signs.

(g) Landscaping plan and planting schedule.

(h) Specifications for materials.

(i) Estimated construction schedule, including any proposed phasing.

(j) Cash bond or letter of credit as may be required for public improvement and inspection fee(s) and as called for or required in previous approvals.

(k) Signature of owner representative acknowledged in the manner of recordable instrument.

(l) All offers of dedication in a form acceptable to the Town and acknowledged by the owner as in a deed of conveyance.

(3) Public hearing. A public bearing shall be held on the final site plan by the Planning Board within 62 days of its submission. Notice of the hearing shall be published at least once in the official Town newspaper at least 10 days before the hearing and by posting notice thereof by mail to the owners of property abutting the proposed site plan and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected by the application. However, when the Planning Board deems the final site plan to be in substantial agreement with an approved preliminary site plan (and modified in accordance with the requirements of the approval given to the preliminary plan if the preliminary plan was approved with modification), the Planning Board may waive the requirement for the public hearing on the final site plan.

(4) Notification of decision. Within 62 days of the submission of final site plan, the Planning Board shall render a decision.

(a) Upon approval, the Planning Board and owner shall endorse their approval on a copy of the final site plan and shall forward it to the Building Department of the Town, which may then issue a building permit when the project conforms to all applicable requirements of the Town Code. The Planning Board shall include in its approval a schedule for construction stages, as appropriate.

(b) Upon disapproval, the Planning Board shall so inform the Town Building Department, which shall deny a building permit, The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.

(c) Specifications for improvements shown on the site plan shall be those set forth in this chapter and in other chapters of the Town Code or in construction specifications of the Town of Chester.

H. Renewal of approval. The Planning Board may require that its approval be periodically renewed. Renewal dates may be stipulated at the time of original approval of the site plan or at such other time as the Planning Board deems necessary. The Planning Board shall notify the Building Inspector, in writing, at least 15 days prior to the date of such renewal for the purpose of inspection of the premises. Such renewal shall be granted following the inspection of the property and may be withheld upon a determination and notice to the property owner by the Building Department to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original approval have not been or are no longer being complied with. In such cases, a period of 60 days shall be considered adequate for a use to be brought up to original requirements and deemed to be a conforming use in the district in which such use is located, provided that:

(1) The provisions of this chapter under which such approval was granted are still in effect.

(2) Such approval was granted in conformity with the provisions of this chapter.

(3) Such approval shall be deemed to affect only the lot or portion thereof for which such approval shall have been granted.

I. In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consultants, including the Town Planning Board's Engineer, as qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The cost of securing the advice or assistance of such expert consultant or consultants shall be paid by the applicant, and the Planning Board may require the applicant to deposit funds in a reasonable amount to assure payment of any consultant, and any surplus shall be returned after the consultant's bill is received and paid in full.

J. Parkland.

(1) Intent and purpose. The purpose of this subsection 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 large, central Town park recreational facility 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 in part in a site plan, 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 site plan 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 site plan.

(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 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 areas immediately adjacent.

(2) Waiver of site plan designation of area for parkland.

(a) In the event that the Planning Board finds that the proposed site plan 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 site plan, the Board may require a sum of money in lieu thereof. The Board shall then require as a condition to approval of the site plan a 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 site plan approval, and no site plan shall be signed by the authorized officer of the Planning Board until such payment is made.

(b) In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan 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.

(c) 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 recreation area serving the general neighborhood in which the land shown on the site plan is situated, provided that the Town Board finds there is a need for such improvements.

(d) 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 site plan 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.

§ 98-31 Building permits for temporary buildings.

The Planning Board shall have the power to grant a building permit for a period not to exceed one year for a temporary nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery and a real estate office located on a tract of land where individual properties are being offered for sale, provided that such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building or structure upon expiration of such permit, and further provided that such permit shall be subject to such reasonable conditions as said Board shall determine to be necessary to protect the public health, safety and welfare of the Town. Such permit may be renewed annually at the discretion of the Board over a period not to exceed three years.