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