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Town of Kent, NY
Putnam County
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Table of Contents
Table of Contents
A. 
Obstruction to vision at street intersections. At all street intersections, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
B. 
Yards. On a corner lot, one yard other than the front yard shall be deemed to be a rear yard, and the other or others, side yards. The designation of a front yard shall be made by the Building Inspector, which designation shall include consideration of the location of the main access into the principal structure in relation to the adjoining streets.
A. 
On a through lot, front yard setbacks are required along all street lines.
A. 
Unless otherwise specified, no lot shall have a frontage on a public street or private road, measured along the street line, of less than 50 feet, except that where the street line of a lot is a curve with a radius of 100 feet or less, the minimum required frontage shall be 25 feet.
B. 
All driveways shall meet the construction standards set forth in § A81-18D of the Subdivision Regulations.
C. 
Lots which meet the definition of "flag lot" as defined in § 77-65 of this Code shall meet the following additional standards:
(1) 
Only that portion of the lot having adequate width to meet the minimum lot width requirements and allow for provision of meeting the minimum yard and setback requirements of the district shall be counted as part of the minimum lot area.
(2) 
The flag lot shall maintain a minimum width of not less than 50 feet from the street line to a point not less than 50 feet from the minimum lot width.
(3) 
The driveway access constructed along the flag lot shall meet the construction standards of § A81-18 of the Town Subdivision Regulations. Access to the flag lot shall be by way of the flagpole, or panhandle, portion of that lot or parcel, as recorded.
(4) 
The flag lot shall be parallel to the closest existing lot line.
(5) 
The flag lot shall not cross a flowing or intermittent stream, ravine, or similar topographic feature without provision of an adequate structure to carry traffic.
(6) 
In no event shall a flag lot be used to access a private road.
(7) 
The flag lot shall be conveyed with the ownership of the rear lot or parcel and shall be considered a permanent part of that lot or parcel never to be resubdivided or conveyed separately from the parcel to which it provides access.
(8) 
Two adjoining flag lot parcels are prohibited. Where one flag lot parcel is preexisting, the adjoining lot or parcel shall not be divided into a flag lot shape.
(9) 
A flag lot parcel shall not be approved which would create a flag lot that would be generally parallel to a public street, unless the flag lot is separated from the public street by distance of not less than 200 feet.
(10) 
For subdivision applications for approval of four or more lots, flag lots as defined herein shall not comprise more than 25% of the total number of lots in the proposed subdivision.
The minimum dimension of an inner court shall not be less than twice the average height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 20 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.
No accessory building shall exceed a height of 20 feet.
The height limitations set forth in this chapter shall not apply to chimneys, church spires, elevators or other mechanical equipment, standpipes or water towers, and cable radio or television antennas. However, no structure in excess of 20 feet above the maximum height for the district in which the structure is located shall be erected without the specific approval of the Planning Board, which shall give due regard to the effects of such structure upon the public health or safety and compatibility with surrounding land uses and buildings.
No structure of a temporary character or one not completely finished and enclosed, other than a tool shed or other similar temporary structure used in connection with the construction of a permanent structure, shall be permitted on a Commercial District or an IOC District property.
A. 
Refuse and storage containers and receptacles located on nonresidential premises, and those located on multifamily residential premises in which a receptacle is used in common by the inhabitants of two or more dwellings, but excluding garbage cans on single residential premises, shall be located and screened so as to not be visible from adjoining or nearby properties and public roads. No refuse container or receptacle shall be placed or located within 50 feet of any residence located in a residential district. All refuse containers and receptacles, and locations for the deposit of refuse or the storage of materials, shall be screened from view and designed so as to be fireproof and/or fire retardant, and to prevent access by rodents, dogs, cats, and vermin. All such containers and receptacles shall remain closed at all times, and shall be designed to prevent the release of refuse, paper and any other material.
A. 
Notwithstanding any contrary provision in this chapter, each lot proposed for residential use and each lot approved by the Planning Board as part of a residential subdivision plan, shall have the minimum lot area as set forth in the regulations for the district in which such lot is located along with any additional minimum lot area as set forth in Table 1 of this section.
B. 
The calculation of minimum lot area for a lot shall be prepared by a New York State licensed professional engineer, land surveyor, architect, or landscape architect who shall prepare a plot plan depicting the minimum lot area with the proposed improvements, and who shall certify that the minimum lot area for each lot(s) or proposed lot(s) pursuant to the district regulations and Table 1 of this section have been met. The certification shall also state that the professional responsible for its preparation verified the location and extent of the hydrologic soil groups on the lot(s) to be created based on a personal inspection of the on-site soils.
Table 1
Supplementary Minimum Lot Area Regulations
(For Residential Use Lots With Individual Sewage Disposal Systems With or Without Individual Water Supplies)
Dominant1 Soil (as a percentage of the on-site soil of a lot or proposed lot)
Minimum Required Lot Area
(acres)
Hydgrologic Soils Group2 (HSG)
0% or greater but less than 25%
25% or greater but less than 50%
50% or greater
HSG A
R-80
80,000 square feet
80,000 square feet
80,000 square feet
R-40
40,000 square feet
40,000 square feet
40,000 square feet
R-10
10,000 square feet
10,000 square feet
10,000 square feet
HSG A/D
R-80
80,000 square feet
80,000 square feet
80,000 square feet
R-40
40,000 square feet
40,000 square feet
40,000 square feet
R-10
10,000 square feet
10,000 square feet
10,000 square feet
HSG B
R-80
80,000 square feet
80,000 square feet
80,000 square feet
R-40
40,000 square feet
40,000 square feet
40,000 square feet
R-10
10,000 square feet
10,000 square feet
10,000 square feet
HSG C
R-80
3 acres
3.5 acres
3.5 acres
R-40
3 acres
3.5 acres
3.5 acres
R-10
3 acres
3.5 acres
3.5 acres
HSG C/D
R-80
3 acres
3.5 acres
3.5 acres
R-40
3 acres
3.5 acres
3.5 acres
R-10
3 acres
3.5 acres
3.5 acres
HSG D
R-80
5.4 acres
6.2 acres
6.2 acres
R-40
5.4 acres
6.2 acres
6.2 acres
R-10
5.4 acres
6.2 acres
6.2 acres
NOTES:
1
"Dominant" shall mean the soil group that comprises the greatest area or percentage of the soils within a lot or proposed lot.
2
For any lot in which the dominant soil does not have an assigned letter classification hydrologic group as shown in Article XXIII of this chapter, the minimum lot area for the district in which the parcel or lot is located shall apply.
3
"Soils Group Classification" shall mean the hydrologic group as set forth in Article XXIII of this chapter as derived from "Soils Survey of Putnam and Westchester Counties, New York" (September 1994) prepared by the USGA Soil Conservation Service.
Each lot shall be a buildable lot as defined herein. A buildable lot is a lot having a buildable area capable of accommodating proposed principal and accessory improvements, and including, where required, an on-site water supply facility and sewage treatment system that meets the standards of the Putnam County Department of Health. A buildable lot shall also adjoin and have access to an improved street, or shall adjoin and have access to an unimproved street that will be improved as part of the development plan for the lot.