The purpose of the following sections is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment, compatible with the Comprehensive Plan of the Town. In acting upon plats, the Planning Board shall require, among other conditions in the public interest, that the tract shall be adequately drained and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plat shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as established by the Town. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. These standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VII herein.
A.
Character of land. Land to be subdivided shall be
of such character that it can be used safely for the development of
open spaces or building purposes without danger to health or peril
from fire, flood or other menace or loss or damage to adjacent properties.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
specifications, which may be obtained from the Building Inspector
or the Town Clerk. These specifications shall include the New York
State Building Code, Town road specifications[2] and related state and county regulations.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform to the Comprehensive Plan and to accommodate the prospective
traffic and afford access for fire-fighting, snow removal and other
road maintenance equipment. The arrangement of streets shall be such
as to cause no undue hardship to adjoining properties and shall be
coordinated so as to compose a convenient system.
B.
Arrangement.
[Amended 9-4-2007 by L.L. No. 5-2007]
(1)
The arrangement of streets in a new subdivision shall
provide for the continuation of existing streets in adjoining areas
or reserve space for future street extensions where the adjoining
land has not been developed. Subdivisions shall be designed so as
to provide a street pattern which is curvilinear in design. The design
of the street pattern shall be based upon a local residential or minor
street pattern connected to a collector through street.
(2)
All proposed subdivisions shall be designed to provide
access to adjacent properties. When a proposed subdivision abuts an
existing subdivision, the subdivider, where interconnection of roads
or streets is proposed, shall design the street system of the proposed
subdivision to connect with the stub streets of contiguous subdivisions.
Interconnections shall not be permitted via the conversion of existing
residential lots.
(3)
Each new residential subdivision for which the proposed
street system exceeds the maximum cul-de-sac length shall have at
least two points of access. Open-area developments shall be exempt
from this requirement.
(4)
New residential subdivisions shall connect to existing
subdivisions exclusively by means of the future street extension provided
in the existing subdivision.
(5)
New residential subdivisions shall not connect to
existing subdivisions by means of an approved residential lot, notwithstanding
the fact that such lot has not yet been improved.
(6)
There shall be not less than one future street extension
(dead-end or stub street) provided to each contiguous residentially
zoned parcel sharing a common boundary of 800 feet or more with the
lands being subdivided for residential use. Open-area developments
shall be exempt from this requirement.
(7)
Commercial or industrial subdivisions or site plans
shall provide not less than one future street extension (dead-end
or stub street) to each contiguous commercially or industrially zoned
parcel sharing a common boundary of 800 feet or more with the lands
being subdivided.
(8)
Commercial or industrial subdivisions shall not interconnect
to an existing residential subdivision except for emergency access
and at the Planning Board's discretion.
(9)
Stub or dead-end streets including temporary culs-de-sac
shall be designed and installed in accordance with the following conditions:
(a)
The adjacent property shall have physical characteristics
which allow the road to be extended in the future.
(b)
The adjacent property shall be owned or held
in title such that future development is not impaired. As an example,
state and Town land or dedicated parkland would not be considered
an area where a road and future construction would likely be extended.
(c)
A dead-end street, stub street or temporary
cul-de-sac shall contain a turnaround so as to permit its future extension
through to the adjacent property and shall provide for the reversion
of the excess right-of-way to the abutting properties.
(d)
Multiple intersections involving the junction
of more than two streets (four-way intersection) shall not be permitted.
(e)
Local residential streets and residential collector
streets shall not intersect with state or county highways less than
800 feet from the nearest existing or proposed and approved intersection,
measured from center line to center line.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged, but interconnections
will be encouraged to provide for multiple access points to collector
streets and for emergency services.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Planning Board may require access streets, reverse frontage
with screen planting contained in a nonaccess reservation along the
rear property line, deep lots with rear service alleys or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
E.
Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Planning Board
finds that such type of development will not interfere with normal
traffic circulation in the area. In the case of dead-end streets,
where needed or desirable, the Board may require the reservation of
a twenty-foot-wide easement to provide for continuation of pedestrian
traffic and utilities to the next street. Subdivisions containing
20 lots or more may be required to have at least two street connections
with existing public streets or streets shown on the Official Map,
if such exists, or streets on an approved subdivision plat for which
a bond has been filed. Subdivisions of 30 or more lots must have two
roads or a boulevard layout to provide for emergency access. Culs-de-sac
will not be allowed where loop streets or connecting streets are feasible.
F.
Block size.
(1)
The length, width and shape of blocks or acreage within
bounding roads shall be determined with due regard to:
(2)
Blocks where lots of one acre or less on average are
located shall not be less than 400 feet nor exceed 12 times the required
minimum lot widths. In general, no block width shall be less than
twice the normal lot depth. In blocks exceeding 800 feet in length,
the Planning Board may require the reservation of a twenty-foot-wide
easement through the block to provide for the crossing of underground
utilities and pedestrian traffic, where needed or desirable, and may
further specify, at its discretion, that a five-foot-wide paved footpath
be included. Each normal block shall be planned to provide two rows
of lots, but irregular-shaped blocks, oversize blocks or superblocks
indented by culs-de-sac, parking courts or loop streets and containing
interior block parks or playgrounds will be acceptable when properly
designed, as determined by the Planning Board. Such blocks shall include
adequate off-street parking, facilities for pedestrian access from
streets to all lots, proper easements for utility lines and satisfactory
provision for maintenance of park and open space, where included.
G.
Intersections with collector or major arterial roads.
Intersections of minor streets with arterial or collector streets
shall be held to a minimum to avoid hazard and delay. Such intersections
shall be at least 800 feet apart, if possible. A distance of at least
150 feet shall be maintained between center lines of offset intersecting
streets. Grades shall be limited to no more than 2% within 50 feet
of an intersection.
H.
Street jogs. The center line of a street shall cross
an intersecting street as a straight line. Street jogs with center
line offsets of less than 150 feet shall not be permitted.
I.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins, and in no
case shall two streets intersect at an angle smaller than 60°.
To this end, an oblique street should be curved approaching an intersection.
Where three or more streets intersect, a traffic circle or other special
treatment may be required by the Board. At block corners, the traveled
way shall be rounded with a curve having a radius of not less than
15 feet.
J.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
K.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited-access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way at a distance suitable for the
appropriate use of the intervening land, as for park purposes in residential
districts or for commercial or industrial purposes in appropriate
districts. Such distances shall also be determined with due regard
for the requirements of approach grades and future grade separations.
A.
Widths of rights-of-way.
(1)
Streets shall have the following widths:
|
Type of Street
|
Minimum Right-of-Way
(feet)
|
Minimum Pavement
(feet)
| |
|---|---|---|---|
|
Commercial/industrial
|
60
|
40
| |
|
Collector
|
60
|
40
| |
|
(or narrow and eliminate parking)
| |||
|
Suburban local, minor and marginal
|
50
|
30
| |
|
Rural local or minor
|
50
|
24
| |
|
Private
|
30
|
20
| |
(2)
The right-of-way width for internal private roads
and alleys in multifamily, commercial and industrial developments
shall be determined on an individual basis and shall in all cases
be of sufficient width and design to accommodate safely the maximum
anticipated traffic, parking and loading needs of each particular
use.
(3)
When not indicated on the Comprehensive Plan or Official
Map, if such exists, the classification of streets shall be determined
by the Planning Board.
(4)
Rural roads above shall have grassed swales and are
essentially designed for two-acre lots or larger without central services.
Private roads are basically for open area development and will have
grassed swales.
(5)
Commercial, collector and suburban roads shall have
curbs and underground drainage systems.
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, streetlights and signs, street trees and fire
hydrants, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Curbs, gutters, sidewalks, street pavements,
fire hydrants, streetlights, shade trees, monuments, water mains,
storm sewers, sanitary sewers and any other improvements that may
be required shall be designed and constructed to conform to the specifications
as established by the Planning Board or by resolution or local law
of the Town Board and the Town's road specifications.[1] Pedestrian easements shall be improved as required by
the Town Engineer. All rights-of-way shall be provided with paved,
seeded or sodded areas, properly prepared, graded and sloped in conformance
with good nursery practice. Where sidewalks and walkways are included
within street rights-of-way, suitable trees or shrubs may be required
to be planted within the required planting strips. Such grading and
improvements shall be approved as to design and specifications by
the Town Engineer.
(1)
Fire hydrants. Installation of fire hydrants shall
be in conformity with all requirements of standard thread and nut
as specified by the New York Fire Insurance Rating Organization and
the Division of Fire Safety of the State of New York.
(2)
Sidewalks. Sidewalks or walkways, where required,
shall be five feet in width. Sidewalks shall only be required in SR-6
Districts or in subdivisions, planned adult communities or areas proximate
to locations having a destination for such walkways, such as shopping
areas, community facilities, bus stops, schools or other similar places.
(3)
Streetlighting facilities. Where required by the Planning
Board, streetlighting standards in conformance with the lighting system
of the Town, of a design approved by the Planning Board Engineer,
shall be installed by the subdivider in a manner and location approved
by the Planning Board Engineer, the appropriate power company and
the Highway Superintendent. In the case of a subdivision involving
a county or state highway, approval shall be obtained from the County
Commissioner of Public Works. Where a new lighting district is to
be created or an existing district expanded, the applicant shall petition
the Town Board to create said district or expansion before final approval.
Streetlighting shall be directed downward and shall be in conformance
with "dark sky" regulations.
(4)
Street signs. Street signs of a type approved by the
Highway Superintendent shall be provided by the developer and placed
at all intersections in locations within the right-of-way approved
by the Superintendent prior to the acceptance of the road.
(5)
Street trees. It is required that shade trees be preserved
and/or furnished and planted, at the expense of the owner of the subdivision,
along both sides of the road on private property within the subdivision.
These shade trees shall be located at no more than forty-foot intervals
apart and also from one foot to 10 feet from the street right-of-way
depending upon sidewalk placement. All tree varieties, placement,
condition and quality are subject to the approval of the Town Planning
Board prior to and after planting. Trees shall be hardy and suitable
to local soil and climate and shall be at least 2 1/2 inches
to three inches caliper as measured at a point six inches above finished
grade level. All trees must meet the standards of the American Standard
for Nursery Stock. Poplars, box elders, catalpas, horse chestnuts,
willows and elms shall not be planted, and sugar maple, pin oak, red
maple, green ash or northern red oak or other specified trees shall
be used. In order for the trees to be maintained or replaced by the
developer, a ten-foot-wide temporary maintenance easement shall run
parallel to the right-of-way until release of the maintenance security
for the trees.
C.
Utilities in streets. The Planning Board shall require
the underground installation of all utility systems. The subdivider
shall install underground service connections to the property line
of each lot within the subdivision for such required utilities before
the street is paved.
D.
Utility easements. Where topography or other conditions
are such as to make impractical the inclusion of utilities or drainage
facilities within street rights-of-way, perpetual unobstructed easements
at least 20 feet in width for such utilities or drainage facilities
shall be provided, centered on rear or side lot lines or across property
outside the road lines and with satisfactory access to the road. Wherever
possible, easements shall be continuous from block to block and shall
present as few irregularities as possible. Such easements shall be
cleared and graded where required. Easements shall be indicated on
the plat. In large-scale developments, easements along rear property
lines or elsewhere for utility installations may be required by the
Planning Board. Such easements shall be of the width and location
determined by the Board after consultation with the public utility
companies or Town departments concerned.
E.
Assurance by utilities. As to utilities required by
the Planning Board, the Planning Board may accept assurance from each
public utility company whose facilities are proposed to be installed.
Such assurance shall be given in a letter addressed to the Board and
stating that such public utility company will make the installations
necessary for the furnishing of its services within the time therein
specified and satisfactory to the Board.
F.
Grades. Grades of all streets shall be the reasonable
minimum but shall be not less than 1% nor more than 5% for arterial
or major streets, nor more than 8% for secondary or collector streets
nor more than 10% for minor streets, but in no case more than 2% within
50 feet of any intersection, except that the Planning Board may approve
a grade up to 12% for minor streets for a maximum distance of 600
feet where topographic conditions made a lesser grade impracticable.
Line and grade shall always give a minimum sight distance of:
G.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as to meet with the approval
of the Town Engineer so that clear visibility shall be provided for
a safe distance as well as a smooth transition.
H.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves having a radius
of at least 20 feet, and curbs shall be adjusted accordingly.
I.
Steep grades and curves; visibility at intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot, whether at an intersection entirely within the subdivision or
of a new street with an existing street rid of all growth, except
isolated or tall shade trees, and obstructions above the level therein
existing street, which is within a triangle formed by a line connecting
the curbs or edges of pavement, if there are no curbs, and the curb
or edge of pavement lines as extended a distance of 40 feet for each
curb and/or pavement line shall be clear three feet higher than the
center line of the street. If directed, ground shall be excavated
to achieve visibility.
J.
Dead-end streets; cul-de-sac. Permanent dead-end or
cul-de-sac streets shall not in general exceed six times the required
minimum lot width and shall be equipped with a turnaround roadway
with a minimum diameter of right-of-way of 120 feet and a minimum
outside diameter of traveled way of 100 feet unless the Planning Board
approves an equally safe and convenient form of turning space. The
Board may approve a longer permanent dead-end street where topographic
conditions and landownership patterns so require.
K.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of design approved
by the Town Engineer.
L.
Curve radii. In general, street lines within a block
deflecting from each other at any one point by more than 10° shall
be connected with a curve, the radius of which for the center line
of the street shall not be less than 400 feet on major streets, 250
feet on collector streets and 100 feet on minor streets. The outer
street in each case shall be parallel to such inner street line. A
tangent of at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
M.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width or, in
lieu thereof, adequate off-street loading space suitably surfaced
shall be provided in connection with lots designed for commercial
use.
N.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Board to assure
the free flow of through traffic without interference by parked or
parking vehicles and to provide adequate and safe parking space for
such commercial or business district.
O.
Undersized existing streets. Where a subdivision borders
or includes existing narrow roads that do not conform to street widths
as shown on the Master Plan or Official Map or that do not conform
to the street width requirements of this chapter, or when the Master
Plan indicates plans for realignment or widening of a road that would
require use of some of the land in the subdivision, the subdivider
shall be required to show areas for widening or realigning such roads
on the plat marked "Reserved for Road Realignment (or Widening) Purposes,"
along either one or both sides of such streets of substandard width.
If the subdivision is along one side only, 1/2 of the required width
shall be dedicated. It shall be mandatory to indicate such reservation
on the plat when a proposed widening or realignment is shown on the
Town or County Official Map. Land reserved for such purposes may not
be counted in satisfying yard or area requirements of the Zoning Law;[2] said reservations may be required to be dedicated to the
Town.
P.
Walkways and sidewalks. Subdivision designs shall
indicate consideration for suitable protection of different types
of land uses and the segregation of vehicular and pedestrian traffic
where desirable. The pedestrian walk network, whether independent
or combined with the vehicular road network, shall conveniently link
dwellings to all possible generators of pedestrian traffic both within
and outside the subdivision, including but not necessarily limited
to parking areas, recreation areas, schools, stores, bus stops and
other walks. Such walks shall be so designed and constructed as to
encourage their use by their proximity to generators of traffic, convenient
arrangement, evenness and desirability of surface, pleasant appearance
and exposure to scenic areas and views. Where sidewalks cross driveways,
they shall be reinforced with standard welded wire fabric and of the
same material and elevation as that on both sides of such driveways.
Q.
Monuments. Monuments shall be concrete and sunk 18
inches deep. These monuments shall be 30 inches in length, five inches
square at the top and six inches square at the bottom or as otherwise
specified by the Planning Board Engineer. Monuments and a map certified
by a licensed surveyor showing at least three survey ties to each
monument shall be furnished to the Town.
R.
Roads. The requirements contained in Chapter A101, Road Specifications, for proposed roads to be taken over by the Town of Chester as approved by the Town Board of the Town of Chester and by the Superintendent of Highways of the Town of Chester and as hereafter may be amended shall apply, and all road construction or design and construction specifications for sidewalks, drainage, curbs and other facilities shall conform thereto, said minimum standards being attached hereto and made a part hereof. However, until Chapter A101 is amended, the following specific road cross-section standards shall apply.
(1)
For residential rural and suburban streets, 12 inches
of run of bank gravel may be replaced with eight inches of compacted
quarry processed NYSDOT Type 4 granular material (Item No. 304.11).
(2)
Pavement for residential streets shall be a three-inch
binder course and a two-inch top course of bituminous material as
approved by the Planning Board or the Town Engineer.
(3)
For industrial or commercial streets, 12 inches of
compacted quarry processed NYSDOT Type 4 granular material (Item No.
304.11) shall be used for a subbase along with a four-inch binder
course and a two-inch top course of bituminous material as approved
by the Planning Board or the Town Engineer.
(4)
The top course or wearing course shall be NYSDOT Type
6 F (high friction) (Item No. 403.1701).
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
In general, streets shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
A.
Lots to be buildable. The lot arrangement shall be
such that in constructing a building in compliance with the Zoning
Law[1] there will be no foreseeable difficulties for reasons
of topography or other natural conditions. A lot intended for use
for single-family residential purposes must contain a buildable portion
for a dwelling site, onto which the dwelling and all future extensions
shall be placed, of not less than 5,000 square feet of land, rectangular
in shape, with a minimum side dimension of 40 feet for all lots in
excess of one acre, or any size lot with a septic system, and 2,500
square feet of land, with a minimum dimension of 40 feet for all lots
of one acre or less with public water and sewers, meeting all zoning
district requirements relative to setbacks, etc., plus meeting the
following criteria:
[Amended 9-9-2009 by L.L. No. 6-2009]
(1)
An average slope of less than 15%. The Planning Board
may allow this slope to be achieved with regrading of the lot with
the following limitations:
(a)
Regrading to achieve a slope of less than 15%
shall not result in retaining walls exceeding six feet in height or
a total height for multiple retaining walls of more than 12 feet.
(b)
Multiple retaining walls must be separated by
a horizontal distance of six feet with no grade changes between walls.
(c)
If to be constructed, the wall shall be designed
by an engineer showing both drainage and construction details.
(d)
Slopes without retaining walls shall not exceed
a grade of one foot vertical on two foot horizontal.
(e)
Slopes to be constructed shall be designed by
an engineer or landscape architect so that erosion is prevented, visual
appearance concerns are satisfied and the terracing will be suitable.
(f)
Grading and the clearing of trees to attain
the slope, whether or not to be constructed, shall not exceed the
tree clearance limits for a lot as described elsewhere in these regulations.
(g)
Any walls in excess of four feet may be required
to have fences installed on or behind them to prevent hazards. This
shall be determined by the Planning Board on a case-by-case basis
depending on the locations of such walls.
(2)
The buildable area shall not contain wetlands, wetland
buffer areas or water bodies.
(3)
The buildable area shall not contain floodway or flood-fringe
areas as shown on the latest FEMA maps.
(4)
The buildable area shall not contain any easements
or rights-of-way of any kind.
(5)
Any alterations of existing conditions for lots to
be built as shown on plans must be approved by the Town or the Planning
Board Engineer prior to final plan approval. Any changes to plans
for a building permit must be approved by the Town or the Planning
Board Engineer.
(6)
A subdivision shall not create a nonconformity in
bulk or area requirements on an adjacent lot.
B.
Side lines. All side lines of lots shall be substantially
at right angles to straight street lines and radial to curved street
lines, unless a waiver from this rule will give a better street or
lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and to provide a desirable building site.
D.
Driveway access and grades shall conform to specifications
of the Town Driveway Ordinance, if one exists.[2] Driveway grades between the street pavement and the building
setback line should not exceed 10%. Wherever possible, a slope of
-2% for a minimum of 25 feet from the street pavement should be provided.
Where driveway culverts are deemed necessary, the driveway should
be sloped to direct all surface drainage towards the culvert. Driveways
shall, when the Planning Board so determines, be specifically located
on the final plat, and said locations shall not be altered except
with the express permission of the Planning Board.
E.
Access from public streets.
(1)
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(2)
Double frontage and reverse frontage lots shall be
avoided. Reverse frontage lots which have their rear yard abutting
a collector or major street shall be provided with effective shrubs
or screening along the full width of the rear property line to screen
the rear yard from adjacent traffic.
(3)
Lots with frontage of less than 200 feet apiece fronting
on a county or state road must be so designed as to share a double-width
common curb cut with an adjacent lot, if either adjacent lot has not
been granted a curb cut permit. When more than eight lots are proposed
to be subdivided from a parcel with frontage on a county or state
road or there is the possibility of creating nine or more lots equal
in size to the average area of the lots proposed for subdivision,
frontage for all must be on internal streets, not on the county or
state highway. Each lot permitted to front on a county or state road
must provide for an on-site turnaround so as to obviate the necessity
of any vehicle's backing onto such roadway.
(4)
There will be no common driveways on any single family
lots, but common curb cuts on all roads will be allowed where needed
for safety.
(5)
The Planning Board may require the screening of open
rear yards along streets on proposed corner lots.
F.
Access from private streets. Access from private streets,
under § 280-a of the Town Law, shall be deemed acceptable
only if such streets are designed and improved in accordance with
the Town's private street regulations.
G.
Monuments. Permanent monuments meeting specifications
approved by the Town Engineer as to size, type and installation shall
be set at such block corners, angle points, points of curves in streets
and other points as the Town Engineer may require, and their location
shall be shown on the subdivision plat.
H.
Dedication of land for widening of existing streets.
Where extra width has been dedicated or set aside for the widening
of existing streets, lots shall begin at such extra-width line, and
all setbacks shall be measured from such line.
I.
Minimum lot size. Lots should not be of such depth
as to encourage the later creation of a second building lot at the
front or rear, and excessive depth in relation to the width shall
be avoided. A proportion of 2 1/2:1 will normally be considered
maximum.
J.
Land reserved for future development. Land reserved
from the subdivision for future development shall be of a useful dimension
for permissible forms of development.
K.
Topsoil. If any topsoil is removed from its natural
position in the process of grading the subdivision site, such topsoil
shall be replaced to a depth approximately equivalent to that existing
prior to such grading except in streets, driveways and foundation
areas.
L.
Additional standards. Where the property to be subdivided
is next to or includes a railroad right-of-way, suitable provisions
shall be made for such things as road crossings, screening and freight
access as recognition of the relationship between the railroad and
the subdivision.
M.
No lots in a major subdivision may be subdivided into
smaller lots after 25% of the original lots have been sold without
the consent of all of the property owners and the Planning Board in
a regular submission. This statement shall be endorsed on the final
plat and shall be recited in a covenant filed in the Orange County
Clerk's office.
N.
Relocation of dwellings.
(1)
The following note may be required by the Planning
Board to be placed on all future residential subdivision plans prior
to final approval: "The owner/builder of each lot shall be allowed
to relocate the dwellings shown on the approved final plan without
further Planning Board approval, provided the following requirements
are met. If all of these requirements cannot be met, the matter must
be referred back to the Planning Board for further review.
(a)
The relocated dwelling remains on 20% of the
area of the originally approved dwelling location.
(b)
The relocated house is within required setback
lines.
(c)
The well shall not be relocated and the sewage
disposal system shall not be relocated off the area where approved
percolation tests were recorded. If the project was approved by the
Orange County Department of Health, relocation of wells and sewage
disposal systems are subject to all of the terms and conditions of
such approval, including the prohibition of any such relocations,
if so stated.
(d)
The driveway meets maximum grade requirements.
(e)
The sewage from the dwelling will discharge
by gravity to the sewage disposal field unless a lift or pump station
has already been approved for the lot.
(f)
Drainage patterns on the lot may not be changed
so as to adversely impact adjacent properties.
(g)
Driveway curb cut or lot access may not be relocated.
(h)
House location shall not be shifted onto an
environmentally sensitive site feature such as a federal or state
wetland or buffer.
(i)
House location shall not be shifted into a previously
approved agricultural buffer.
(j)
The house shall not be shifted in a location
which is otherwise in contravention of a requirement of the Subdivision
Regulations, the Zoning Law, as may be amended, or the findings or
determination under the SEQRA for the subdivision of which the house
lot is a part."
(2)
This note shall appear on the site plan or subdivision,
and a copy of the note shall be recorded in the Orange County Clerk's
office so as to appear in the chain of title.
O.
Water supply. For lots in major subdivisions without
central water supply, wells shall be drilled and tested for quantity
and quality based on Orange County Health Department standards prior
to final approval. In addition to the Orange County Health Department
testing requirements for every five or 10 lots, there shall be at
least one well for every three lots that shall be tested and certified
by a licensed laboratory that it meets all Orange County Health Department
requirements for private wells prior to final approval by the Planning
Board.
P.
Agricultural
notes. In accordance with the Agriculture and Markets Law, adjacent
properties shall be notified of the presence of active agricultural
operations in the vicinity of a proposed subdivision. During its review
of a subdivision, the Planning Board shall determine, based on the
type of active agricultural operation near the subdivision, if a buffer
is required and the extent of said buffer. For all lots and subdivisions
adjacent to an active agricultural operation, the following note shall
be added to the subdivision plat to be filed:
[Added 9-9-2009 by L.L. No. 6-2009]
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Agricultural note: "Property adjacent to lot(s) ___ is in active
agricultural operation and production. and residents must be aware
that such property is protected by New York State’s "right to
farm laws" as regulated by the Department of Agriculture and Markets.
From time to time during and prior to the normal growing season, land
and crops may be sprayed from the ground or by air, manure may be
applied and noise may occur periodically from machinery operations
at various times throughout the year. Residents should be aware of
this action by the adjacent property owners."
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If appropriate, the following sentence may also be included
in the note: "No residence structure or facility designed for human
occupancy on lot(s) ___ shall be located closer than ___ feet to the
adjacent agricultural parcel noted on the plans."
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Adequate and comprehensive drainage facilities shall be provided in conformance with Phase II EPA requirements for MS4 communities to convey and treat stormwater runoff originating within as well as outside a development site or subdivision and flowing through the proposed subdivision as follows and in accordance with § 98-13 of the Zoning Law of the Town of Chester.
A.
For preliminary subdivision plats, a stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 98-13 of the Zoning Law shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in said chapter. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter and with § 98-13 of the Zoning Law.
B.
For final subdivision plats, a stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 98-13 of the Zoning Law and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of § 98-13 of the Zoning Law. The approved final subdivision plat shall be consistent with the provisions of this chapter and with § 98-13 of the Zoning Law.
C.
Removal of spring- and surface water. All subdivisions
shall be related to the drainage pattern affecting the areas involved
with proper provision to be made for adequate storm drainage facilities.
The subdivider may be required by the Planning Board to carry away
by pipe or open ditch any spring- or surface water that may exist
either previous to or as a result of the subdivisions. Such drainage
facilities shall be located in the street right-of-way where feasible
or in perpetual unobstructed easements of appropriate width. A culvert
or other drainage facility shall in each case be of adequate size
to accommodate the potential runoff from the entire upstream drainage
area, whether inside or outside the subdivision area. The design and
size of this facility shall be in conformance with specifications
contained herein and shall be subject to the approval of the Planning
Board Engineer.
D.
Drainage facility design. All residential single-family detached subdivision sites having a disturbance in excess of five acres shall have drainage reports and plans provided by a licensed professional engineer meeting the DEC SPDES requirements for stormwater quality and quantity and erosion control under EPA Phase II requirements as may be amended. Drainage facilities shall in each case have sufficient capacity to accommodate potential runoff from the entire upstream drainage area, not only the anticipated discharge from the property being subdivided but also the anticipated runoff that will occur when property at a higher elevation in the drainage basin is developed. The Planning Board Engineer shall approve the design and size of the facility based on anticipated runoff from the following storm frequencies under conditions of total potential development permitted by Chapter 98, Zoning, in the watershed:
(1)
Generally, for watersheds with drainage areas less
than 320 acres, all structures should be designed to carry the peak
runoff for a twenty-five-year storm.
(2)
Generally, for watersheds with drainage areas between
320 acres and 640 acres, the structures should be designed to carry
peak runoff for a fifty-year storm.
(3)
Generally, for watersheds with drainage areas larger
than one square mile, all structures should be designed to carry peak
runoff for a one-hundred-year storm.
E.
Drainage report.
(1)
The subdivider's engineer shall provide a written
report of the effect of each subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study
shall be reviewed by the Planning Board Engineer and may be referred
to the Orange County Soil and Water Conservation District. Where it
is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a twenty-five-year storm, on-site stormwater management or
storage of the increased runoff shall be provided by the developer.
In calculating anticipated runoff, the results shall meet or exceed
those which are computed by the method approved by the Soil Conservation
Service of the United States Department of Agriculture.
(2)
As part of the drainage report the Planning Board
may require the submission of the following:
(a)
Plan profiles and typical and special cross
sections of proposed stormwater drainage facilities.
(b)
Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
(c)
The grading plan, developed to suitable contour
interval, with grading details to indicate proposed street grades
and elevations and building site grades and elevations.
(d)
If the development is within or adjacent to
any designated floodplain, a detailed analysis of the area with respect
to the management of the floodplain.
F.
Easements. Where a subdivision is traversed by a watercourse,
drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as the Town Engineer may deem adequate for the purpose, but
in no case less than 20 feet in width and of such width as to encompass
the flood of record plus three feet in elevation. Such easements shall
guarantee to the Town the right of access and power to improve the
channels, as well as prohibiting structural or terrain encroachments
within the easement, except upon approval by the Town Engineer or
other delegated municipal official. Drainage easements shall be carried
from the road to a natural watercourse or to other drainage facilities.
When a proposed drainage system will carry water across private land
outside the subdivision, appropriate rights must be secured and indicated
on the plat.
G.
House and lot drainage. Drainage of individual lots
and dwellings, including swales, footing drains discharging to a free-flowing
outlet to assure proper runoff from roofs, driveways and paved surfaces,
shall be required for Planning Board approval and shall be submitted
as part of the building permit application. The installation of such
facilities shall be required prior to the issuance of a certificate
of occupancy.
H.
Design criteria and standards for stormwater management
facilities. Design criteria and standards shall be as specified in
the most recently enacted New York State Department of Environmental
Conservation's Stormwater Management Guidelines for New Development
and the following minimum standards:
(1)
The discharge of established natural watercourses
and stormwater into open ditches shall be permitted only after specific
approval by the Planning Board. If in its opinion public health or
safety is jeopardized or there is danger of erosion, approval shall
be denied. In such case, pipe of the proper kind and size shall be
installed or the required paved sluiceways constructed. It shall be
the responsibility of the developer to set aside areas for the collection
and passage of both natural waters and stormwaters.
I.
Storm drainage standards/street design.
(1)
The drainage system and/or culverts shall be designed
in accordance with established engineering principles approved by
the Planning Board Engineer and the following minimum standards:
(a)
The minimum grade of any drainage pipe or culvert
shall not be less than 1%.
(b)
No culvert shall be smaller than 18 inches in
diameter unless by approval of the Town Engineer.
(c)
Such drainage structures shall be installed
where natural watercourses cross the highways or at locations which
warrant drainage.
(d)
Generally the trench shall be two feet wider
than the installed pipe.
(e)
In no case shall the top of any drainage pipe
be less than 18 inches below the finished grade of the pavement.
(f)
Where soft, spongy or unsuitable soil is encountered
or where rocks, boulders or ledges are present, such shall be removed
and replaced with suitable materials and in a manner as directed by
the Town Engineer.
(g)
The pipe shall be laid to true line and grade
on the prepared bed of the trench.
(h)
Installation of all drainage pipe shall be in
accordance with the standard practice and the pipe manufacturer's
recommendation.
(i)
The backfilling of the trench shall be in accordance
with good engineering procedure and as directed by the Town Engineer.
(2)
All drainage pipe shall conform to the items covering
such in the latest New York State Department of Transportation specifications.
(3)
Drainage pipe or culverts shall be installed to carry
the present drainage of the subdivision as well as that which may
reasonably be anticipated from future construction, both from within
the subdivision and from adjoining properties which normally drain
across the area of the proposed development.
(4)
Catch basins or drop inlets shall be constructed in
order that surface water can be intercepted.
(5)
Headwalls of concrete or stone masonry shall be constructed
at the inlet and discharge end of the culvert pipe. Culverts shall
extend beyond the toe of the embankment or if carried in easements
through or along lots to a point of not less than 75 feet beyond the
rear of proposed residences.
(6)
If, in the opinion of the Planning Board, it is necessary
to intercept and carry away groundwater to protect the stability of
the roadbed, the subdrainage required by the Planning Board shall
be installed. Perforated pipe having a minimum diameter of four inches
shall be used for such purpose if deemed necessary by the Planning
Board Engineer.
(7)
Manholes shall be provided in drain lines not more
than 350 feet apart and wherever branches are connected or sizes are
changed and wherever there is a change in alignment or grade.
(8)
Alignment of pipes shall be in a straight line between
manholes.
(9)
Drain lines shall be placed between the center line
of the road and the gutter line and shall, as far as practical, parallel
the center line of the road.
(10)
Drainage structures which are located on state or
county highway rights-of-way shall be approved by the state or county
Highway Engineer's office, and a letter from said office indicating
such approval shall be directed to the Town Planning Board.
(11)
Surface drainage in gutters shall be limited to the
equivalent of that flowing from 1.5 impervious acres; however, where
the tributary impervious area exceeds the runoff from 1.0 impervious
acres, a double-inlet catch basin shall be used.
The purpose of this section is to provide an
equitable and effective development standard for securing adequate
land for parks, playgrounds and recreation purposes in new subdivisions
throughout the Town. Except as hereinafter provided, lands comprising
approximately 10% of the total area to be subdivided shall be reserved
for parks, playgrounds or recreational purposes in a location with
suitable public access within the subdivision, as selected and determined
by the Planning Board.
A.
Parks and recreation facilities.
(1)
Intent and purpose. The purpose of this section is
to provide for adequate and effective development of parks, playgrounds
and recreational facilities. The Town of Chester has conducted an
analysis of recreational demands to the year 2010 and has concluded
that one or two large, central Town recreational facilities should
be developed to address this demand. In those instances where a proposed
park, playground or open space shown on the Town of Chester Future
Recreational Needs Report is located in whole or part in a subdivision
plat, the Board shall require that lands comprising approximately
10% of the total area to be developed shall be reserved for said parks,
playgrounds or recreational purposes. Such area or areas shall be
shown on the subdivision plat in accordance with the requirements
specified below. Such area or areas may be dedicated to the Town by
the developer if the Town Board accepts such dedication. The required
reservation of land for recreational purposes must be specifically
located and designated on the subdivision plat.
(a)
The Board shall not accept dedication of areas
of less than three acres. Open spaces of a lesser area may be approved
where the total of three acres shall be achieved in conjunction with
the future development of adjacent lands. Such area or areas may be
dedicated to the Town by the developer if the Town Board accepts such
dedication.
(b)
Information to be submitted. In the event that
an area to be used for a park or playground is required to be so shown,
the developer shall submit, prior to final approval, to the Planning
Board three prints, one on Mylar, drawn in ink, showing at a scale
of not less than 30 feet to the inch such area and the following features
thereof:
[1]
The boundaries of said area, giving lengths
and bearings of all straight lines and the radii, lengths, central
angles and tangent distances of all curves.
[2]
Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
[3]
Existing and, if applicable, proposed changes
in grade and contours of said area and of the area immediately adjacent.
(2)
Waiver of plat designation of area for parkland.
(a)
In the event that the Planning Board finds that
the proposed subdivision plat presents a proper case for requiring
a park or parks suitably located for playgrounds or other recreational
purposes but that a suitable park or parks of adequate size to meet
the requirement cannot be properly located on such subdivision plat,
the Board may require a sum of money in lieu thereof. The Board shall
then require as a condition to approval of the subdivision such payment
to the Town of a fee per unit as set by Town Board resolution from
time to time. Such amount shall be paid to the Town Board at the time
of final subdivision approval, and no such plan shall be signed by
the authorized officer of the Planning Board until such payment is
made. In making such determination of suitability, the Board shall
assess the size and suitability of lands shown on the subdivision
plat which could be possible locations for park or recreational facilities,
as well as practical factors, including whether there is a need for
additional facilities in the immediate neighborhood.
(b)
All such payments shall be held by the Town
Board in a special Town Recreation Site Acquisition and Improvement
Fund, to be used for the acquisition of land that is suitable for
permanent park, playground or other recreational purposes and is so
located that it will serve the general population of the Town, and
shall be used only for park, playground or other recreational land
acquisition or improvements. Such money may also be used for the physical
improvement of existing parks or recreational areas serving the general
neighborhood in which the land shown on the subdivision plat is situated,
provided that the Town Board finds there is a need for such improvements.
(c)
The Board may waive, subject to appropriate
conditions, the provision of any or all of such parklands or fees
if in its judgment the special circumstances of the particular subdivision
plat development are not requisite to meet the intent of this section
or which, in its judgment, are inappropriate because of other recreational
amenities provided on site or in proximity to the proposed development.
The Board shall have the right to waive payment of the fee for subdivisions
where new construction is not intended or for subdivisions in which
the smallest parcel of the subdivision is greater than three acres.
B.
Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
C.
Preservation of natural features. The Planning Board
shall, wherever possible, require the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, beaches, historic
spots, vistas and similar irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,
required or desirable improvements and drainage areas and ridgelines
and natural slopes.
(2)
Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. On individual
lots or parcels, care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of 12 inches or more as measured four feet above the base
of the trunk shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Planning Board. In no
case, however, shall a tree with a diameter of 12 inches or more as
measured four feet above the base of the trunk be removed without
prior approval by the Planning Board. A tree inventory must be included
in the set of plans showing all trees of eight inches or more in diameter
at four feet above the base of the trunk in all areas proposed to
be developed or cleared. Should a tree or trees required to be preserved
by the Planning Board be removed, they shall be replaced with trees
of similar species that are equivalent in basal area as those that
were removed. For the purpose of these regulations, the "basal area"
is the area of the surface of the remaining stump, or the tree shown
on the plan or if there is no stump or it is not shown on the plan,
as estimated by the Planning Board.
(3)
Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as possible, and no topsoil shall be removed
from the site. Topsoil shall be stored on site and reused for lawn
and planting areas.
(4)
Watercourses. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land areas bordering on watercourses, drainageways and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the Town as a gift to be used as public open space or for recreational purposes at the discretion of the Planning Board and may be in addition to that required in Subsection A of this section.[1] No structures or buildings shall be erected within 100
feet of the high-water mark of a stream or within 50 feet of an intermittent
stream. This separation shall not apply to swales or drainage channels
designed for a site. There shall be no site disturbance within 50
feet of the high-water mark of a stream or within 25 feet of an intermittent
stream. All development or site disturbance within 100 feet of any
stream shall be reviewed with the intent of mitigating any adverse
water quality issues that could impact the stream.
(5)
Lots. On a lot intended for single-family residential
purposes, no more than 14,000 square feet shall be cleared for development
purposes without specific Planning Board approval.
(6)
Wetlands. All federal and state wetlands shall be
delineated in the field by the Department of Environmental Conservation
(DEC) for state wetlands and in accordance with currently applicable
federal standards for federal wetlands. The Planning Board shall have
the right to request additional information on wetland boundaries,
including, but not limited to, verification by a wetland delineator
or by the ACOE. Disturbance of buffers or wetlands shall only be allowed
where federal wetlands are under the federal wetland disturbance limit,
where disturbance is essential to provide access to a lot or where
a disturbance permit has been issued by the New York State Department
of Environmental Conservation and/or the Army Corps of Engineers.
All federal wetlands shall be provided with a minimum buffer of 25
feet within which all site disturbance shall not be permitted except
for clearance of dead trees or man-made debris on site. Wetlands shall
be no closer than 100 feet to a septic system drainfield or expansion
area. In instances where wetlands have not been shown but are believed
to exist due to soils maps or site observations, a wetland delineation
shall be required by the Planning Board.
D.
School site. Upon receipt from the School Board of
a letter declaring its interest in a school site of a specific size
and location within a proposed subdivision, the Planning Board may
require a subdivider to set aside such area in the design of the subdivision.
Upon failure of the School Board to secure an option to acquire or
to purchase such school site prior to the date of the final approval
of the plat, the subdivider shall be relieved of the responsibility
of reserving such land for school purposes.
A.
Purpose. For the purpose of promoting the public health, safety and general welfare and determining, establishing and defining soil groups and to adopt such regulations for each group, the entire area of Chester is hereby divided into 15 soil groups. (See § 83-26, Table of Soil Groups.)
B.
Map. The groups are comprised of several soil types
as identified hereinafter and which soil types are shown on the map
designated as the "Town of Chester Soil Map," dated January 1971 and
made a part of this regulation.[1] All pertinent notations, soil mapping unit designators
and other information shown upon said map shall be as much a part
of this regulation as if the matter and things set forth by said map
were fully described herein.
[1]
Editor's Note: The Town of Chester Soil Map
is on file in the office of the Building Inspector.
C.
Preparation. The soil groups and the Town of Chester
Soil Map were prepared with the assistance and cooperation of the
United States Department of Agriculture, Soil Conservation Service,
Orange County, New York, published in January of 1972 and republished
in book form in 1980.
D.
Applicability. These regulations shall not repeal,
impair or modify private covenants or other public laws, except that
they shall apply whenever they impose stricter regulations.
E.
Nonrepresentation. The granting of a permit due to
the designations, grouping, characteristics and special foundation
requirements shall not constitute a representation, guaranty or warranty
of the suitability of lands, practicability or safety of any structure,
use or other plan proposed.
F.
Erosion and sedimentation control. In order to ensure that land will be developed with a minimum amount of soil erosion and sedimentation, the Planning Board shall require that a subdivider comply with certain control practices as outlined herein as described in § 98-13, Stormwater runoff, of the Zoning Law.
(1)
Provide effective sediment control measures for planning
and construction of subdivisions. The following principles shall be
applied as deemed appropriate:
(a)
The smallest practical area of land shall be
exposed at any one time during the development.
(b)
When land is exposed during development, the
exposure shall be kept to the shortest practical period of time.
(c)
Temporary vegetation and/or emulsion shall be
used to protect critical areas exposed during development.
(d)
Sediment basins or debris basins (silting basins
or silt traps) shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(e)
Provision shall be made to effectively accommodate
the increased runoff caused by changing soils and surface conditions
during and after development.
(f)
Permanent final vegetation and structures should
be installed as soon as practical in the development.
(g)
The development plan should be fitted to the
type of topography and soils so as to create the least erosion potential.
(h)
Wherever feasible, natural vegetation should
be retained and protected.
(2)
A permit is required to grade and/or shape the topography.
(Preparation of agricultural land fitting to seed crops for harvest
or for grazing or irrigation ponds is not considered grading).
(3)
Design standards. Design standards and specifications for erosion and sedimentation control shall be as specified in § 98-13 of the Zoning Law for stormwater runoff, and an SWPPP consistent with the requirement of that chapter shall be prepared.
(4)
All erosion and sedimentation control measures shall
be installed prior to beginning any other land disturbances on site.
Such devices shall not be removed until the disturbed land areas are
permanently stabilized.
(5)
All erosion and sediment control measures shall be
periodically inspected by the Town and shall be maintained by the
subdivider or his successors in conformance with an approved schedule,
so as to ensure effective operating conditions until such time as
they are removed.
G.
Drainage channels. All primary drainage channels which
are located within or immediately adjacent to an improvement or a
subdivision shall be protected by the developer.
H.
Utilization.
(1)
It is recognized that the soil maps and the information
found in the Orange County Soil Report do not eliminate the need for
future on-site investigations. The delineated areas of a given soil
mapping unit may contain small areas of other kinds of soil that have
strongly contrasting properties. The small areas, between 10% to 15%
of the total area, are called "inclusions" and cannot be separated
out on the scale of mapping used in Orange County.
(2)
The Building Inspector or the Planning Board Engineer
shall have full authority to make additional requirements to fit conditions
that may be observed in the field and as a result of subsequent tests.
(3)
A permit applicant whose construction plan does not
meet minimum requirements of the regulation may:
(a)
Incorporate in the construction plans accepted
methods of construction and/or accepted materials whose use will meet
the added requirements; or
(b)
Petition the Planning Board to request the Soil
and Water Conservation District to conduct an immediate on-site soil
inspection for the purpose of determining the specific soil type and
subsequent group or insist that a subsurface soil investigation be
conducted by a professional engineer to determine the soil-bearing
capacity, its stability, drainage characteristics, permeability and
other properties that may be in question.
A.
Group I: soils developed in sands and gravel, nearly
level through sloping.
(1)
Characteristics. The soils in this group are excessively
well through well drained, medium- and coarse-textured and are formed
in glacial outwash plains, terraces and stream valleys. They are underlain
by water-deposited beds of sand or sand and gravel. These soils have
moderately rapid to very rapid permeability The seasonal high-water
table and bedrock are below six feet. Slope ranges from 0% through
15%. Soils included in this group are 1A, 1B, 1C, 2A, 2B, 2C, 9A,
9B, 9C, 10A, 10B, 10C, 13A, 13B and 13C.
(2)
Use and requirements.
(a)
These soils may be used for on-site septic systems
that are adequately designed. These soils have slight limitations
for septic systems on A and B slopes and moderate limitations on C
slopes.
(b)
Buildings with and without basements may be
installed on these soils. These soils have slight limitations for
homesites with and without basements on A and B slopes and moderate
limitations on C slopes.
(c)
Erodibility of these soils is low to medium
and may be a problem on the steeper C slopes.
B.
Group II: soils developed in very fine sands and silts,
nearly level to gently sloping.
(1)
Characteristics. The soils in this group are well
drained and occur in areas where glacial lake sediments have accumulated.
These sediments contain very fine sands and silts. These soils are
moderately permeable and have a seasonal high-water table of six feet
plus. Bedrock generally occurs at six feet plus. Slope ranges from
0% through 8%. Soils included in this group are 78A, 78B, 79A and
79B.
(2)
Use and requirements.
(a)
These soils may be used for on-site septic systems
that are adequately designed. These soils have slight limitations
for septic systems.
(b)
Buildings with and without basements may be
installed on these soils. These soils have slight limitations for
homesites with and without basements.
(c)
Erodibility of these soils is high and may be
a problem on all slopes.
C.
Group III: soils developed in coarse silts and loam
with a firm basal till layer, nearly level through sloping.
(1)
Characteristics. The soils in this group are well
drained, medium- to moderately coarse-textured and are developed in
thick glacial till deposit of the upland. These soils are moderately
permeable in the upper 30 inches and slowly permeable below 30 inches.
The water table and bedrock are generally six feet or deeper. Slope
ranges from 0% to 15%. Soils included in this group are 38C, 39A,
39B, 63B and 63C.
(2)
Use and requirements.
(a)
These soils may be used for on-site septic systems
that are adequately designed. These soils have moderate limitations
for septic systems.
(b)
Buildings with and without basements may be
installed on these soils. These soils have slight to moderate limitations
for home sites.
(c)
Erodibility of these soils is low to medium,
and erosion may be a problem on the C slopes.
D.
Group IV: soils developed in coarse silts and loam
with a firm fragipan, nearly level through sloping.
(1)
Characteristics. The soils in this group are well
to moderately well drained and occur mostly on the tops and sides
of drumlin hills. The soils are underlain by compact glacial till
and have a fragipan 16 inches to 30 inches below the soil surface.
These soils are moderately through very slowly permeable and have
a seasonal high-water table at 1 1/2 feet through four feet.
Bedrock is usually below six feet. Soils included in this group are
5A, 5B, 20B, 20C, 35A, 35B, 35C, 40B, 40C, 41B, 41C, 64B and 64C.
(2)
Use and requirements.
(a)
These soils may be used for on-site septic systems
that are adequately designed to overcome the noted limitations. These
soils have moderate to severe and severe limitations for on-site septic
systems. The Bath (40) and Swartswood (20) soils have a slowly permeable
layer at 24 inches to 30 inches, and the Troy (41), Wurtsboro (35)
and Braceville (5) soils have a slowly permeable layer at 16 inches
to 24 inches. If the well-drained layers are removed during grading
or if systems are installed below the well-drained layers, problems
can be expected. On-site investigation is necessary to determine site
conditions, with special attention given to time of year and field
conditions under which tests are taken. (See New York State Department
of Health bulletins.)
(b)
Buildings with and without basements may be
installed on these soils. In cases where buildings are installed deeper
than four feet on the Bath and Swartswood and three feet on the Troy
and Wurtsboro, a free-flowing outlet should be provided. These soils
have slight to moderate limitations for buildings. The Castile (Braceville)
soils are influenced by the seasonal high table and position in the
landscape.
(c)
Erodibility is low to medium on these soils,
and erosion may be a problem on the C slopes.
E.
Group V: soils developed in heavy silts and clays,
nearly level to gently sloping.
(1)
Characteristics. The soils in this group are moderately
well drained and occur in areas where glacial lake sediments have
accumulated. These sediments contain clay and heavy silts. These soils
are slowly permeable; very unstable and have a high shrink and swell
potential. The water table is from 1 1/2 feet to three feet.
Bedrock is generally below six feet. Slope ranges from 0% to 8%. Soils
included in this group are 80A, 80B and 84B.
(2)
Use and requirements.
(a)
These soils may be used for septic systems if
it is proven that the limitations as stated in the Soils Interpretation
Report for Orange County have been or will be overcome. These soils
have severe limitations for septic systems.
(b)
Buildings with and without basements may be
installed on these soils. In cases where basements are constructed
at depths greater than three feet, adequate foundation drainage to
a free outlet should be provided. These soils have slight through
severe limitations for homesites.
(c)
Erodibility of these soils is high, and erosion
may be a problem on all slopes.
F.
Group VI: soils developed in medium sands and silts
influenced by bedrock and surface stones, nearly level through sloping.
(1)
Characteristics. The soils in this group are well
to moderately well drained and occur on the tops and sides of drumlin
hills. The soils are underlain by compact glacial till and have a
fragipan that ranges from 16 inches to 30 inches. The soils in this
group have a surface stoniness condition and shallowness to bedrock
problem. On-site investigation is a must on these soils. Slope ranges
from 0% to 15%. Soils included in this group are 22AC, 65AC, 77B,
77C and 020BC.
(2)
Use and requirements.
(a)
In cases where deep pockets of Bath soils are
found in the Bath-Nassau complex unit (77), these soils may be used
for on-site septic systems if adequately designed. On-site septic
systems may also be used in cases where the extreme stoniness of the
Bath-Swartswood (020) soils is found to be only a surface condition.
On-site investigation is necessary to determine the extent of stoniness
or the bedrock condition of these soils. The soils have severe limitations
for septic systems.
(b)
Buildings with and without basements may be
installed on these soils if adequate foundation drainage is provided
to a free-flowing outlet. These soils have moderate to severe limitations
for homesites.
(c)
Erodibility of these soils is low to medium.
Erosion may be a problem on the C slopes.
G.
Group VII: soils developed in silts, clays and very
fine sands that are wet, nearly level to gently sloping.
(1)
Characteristics: The soils in this group are somewhat
poorly drained and occur in concave areas in the glacial till upland.
These soils are very fine sands through silty clay loam texture. Permeability
is slow to very slow. The seasonal high-water table is 1/2 foot to
1 1/2 feet. Bedrock is generally six feet plus. These soils are
subject to ponding. Soils in this group are 4A, 4B, 7, 25A, 42A, 42B,
81, 85A, 85B and 025B.
(2)
Use and requirements.
(a)
Septic systems shall not be installed on these
soils. (See the Soils Interpretation Report for Orange County.) Exemption
from this subsection may be granted by the Planning Board on one-lot
subdivisions if the applicant can prove, to the satisfaction of the
Board, that the septic system will function with no problems.
(b)
Homesites with basements shall not be installed
on these soils. Homesites without basements may be installed if adequate
drainage is provided to a free-flowing outlet.
(c)
Erosion of these soils ranges from low to high.
(d)
Red Hook (7) and Raynham (81) are placed in
this group, but in some cases these soils are subject to ponding and
flooding. On-site investigation is necessary to determine the location
of these soils on the landscape.
H.
Group VIII: soils developed in silts that are influenced
by bedrock, nearly level through sloping.
(1)
Characteristics. The soils in this group occur mostly
in the rougher areas of the upland. The soils are underlain by hard
bedrock, and some areas contain exposed rock outcrops. In most places,
hardrock is found from 20 inches to 40 inches below the soil's surface.
Permeability is moderate to slow above the bedrock. Where limestone
bedrock occurs, severe cracks and voids in the rock must be considered.
Slope ranges from 0% to 15%. Soils included in this group are 3A,
3B, 3C, 48B, 48C, 75AB, 75C, 070BC, 071BC, 073AC, 074AC, 077AC and
080AB.
(2)
Use and requirements.
(a)
Septic systems shall not be installed on these
soils. Exemption from this subsection may be granted by the Planning
Board on one-lot subdivisions if the applicant can prove to the satisfaction
of the Board that the septic system will function with no problems.
(b)
Homesites may be installed on these soils, but
adequate foundation drainage should be provided to a free-flowing
outlet.
(c)
Erodibility of these soils is low to medium.
Erosion may be a problem on the C slopes.
I.
Group IX: soils developed in silts, clay and very
fine sands that pond, nearly level.
(1)
Characteristics. The soils in this group are poorly
to very poorly drained, with a seasonal high-water table at zero foot
to 1/2 foot. These soils are located in flat concave areas on the
landscape. Permeability is very slow. A ponding condition will occur
during most of the year. In some areas these soils are located along
streams and are subject to infrequent flooding. Slope ranges from
0% to 3%. Soils included in this group are 8, 26, 43, 82, 86, 87,
97, 98 and 026.
(2)
Use and requirements.
(a)
Septic systems shall not be installed on these
soils.
(b)
Buildings should not be installed on these soils.
These are ponding soils and give temporary storage during heavy rainfalls.
In cases where buildings are installed on these soils, the storage
eliminated by draining these areas must be replaced with holding ponds
so as not to increase runoff to areas below.
J.
Group X: soils developed in very fine sands and silts
that flood, nearly level.
(1)
Characteristics. The soils in this group are nearly
level and are in the floodplains of stream valleys. All these soils
are subject to flooding, with the lower-lying, poorly drained soils
being flooded most frequently. The seasonal high-water table fluctuates
with the stream level. Permeability is moderate through very slow.
Slope ranges from 0% to 3%. Soils included in this group are 88, 89,
91, 92, 93, 99, 100, 101, 193 and 293.
(2)
Use and requirements.
(a)
These soils shall not have septic systems installed
on them.
(b)
Buildings with and without basements shall not
be constructed on these soils.
|
NOTE: Red Hook (7) and Raynham (81) soils are
placed in Group VII, but in some cases these soils are located along
small streams and are subject to ponding and flooding. On-site investigation
is necessary to determine location of these soils on the landscape.
|
K.
Group XI: soils developed in very fine sands, heavy
silts and clays, gently sloping.
(1)
Characteristics. The soils in this group are well
to moderately well drained and occur in areas where glacial lake sediments
have accumulated. These sediments are in layers composed of silts,
very fine sands and clay. These soils are slowly permeable, very unstable
and have a high shrink and swell potential. The water table ranges
from 1 1/2 feet to six feet. Erosion and sluffing on these soils
is severe. Bedrock is generally below six feet. Slope ranges from
8% to 15%. Soils included in this group are 78C, 79C and 84C.
(2)
Use and requirements.
(a)
These areas shall not be used for on-site septic
systems except in cases where it can be proven that erosion and sluffing
will not occur or necessary measures have been taken to prevent them.
(b)
Buildings with and without basements shall not
be installed on these soils except in cases where it can be proven
that erosion and sluffing will not occur or necessary measures have
been taken to prevent them.
(c)
Erodibility of these soils is high, and erosion
and sluffing may be a severe problem.
L.
Group XII: soils developed in sands and silts that
are influenced by steep slopes, moderately steep to steep.
(1)
Characteristics. The soils in this group are all soils
that occur on slopes ranging from 15% through 25%. Slope percentages
in some units are combined. The range of these soils is 15% through
35%. These soils are rated rapid for surface runoff. Soils included
in this group are 1D, 9D, 13D, 20D, 22DE, 38D, 40D, 64D, 65DE, 77D,
020DE, 070DE, 071DE, 074DE, 075DE, 076DE and 077DE.
(2)
Use and requirements.
(a)
Septic systems shall not be installed on these
soils.
(b)
Buildings shall not be constructed on these
soils except in cases where 50% of the area where the buildings are
to be constructed is less than fifteen-percent slope for 4,000 square
feet.
(c)
Erodibility of these soils is low to medium,
and erosion may be a problem on the C slopes.
M.
Group XIII: soils developed in sands, silts and clays
that are dominated by very steep slopes.
(1)
Characteristics. The soils in this group are all soils
that occur on slopes ranging from 25% through 45%. These soils are
rated very rapid for surface runoff. Soils included in this group
are 01E, 20E, 22F, 40E, 65F, 84D, 020F, 071F, 074F, 076F and 077F.
N.
Group XIV: soils developed in organic material, nearly
level.
(1)
Characteristics. The soils in this group occur in
depressional areas where surface organic materials are generally five
feet or greater. These areas are subject to either flooding or ponding
and are covered with water most of the year. Soils included in this
group are 94, 96, 194, 197, 294 and 295.
O.
Group XV: water bodies and marshland.[1]
(1)
Characteristics. This group consists of marshland
and water bodies within Orange County. The marshland has approximately
one foot to two feet of water during most of the year. All ponds and
lakes are also included in this group. The mapping unit in this group
is 103.
A.
It is the policy of the Town of Chester that all central
sewer and water systems be owned and operated by the Town. It is required
as a condition to final approval of the plat that where central sewer
and/or water systems are to be installed, an improvement district
be legally formed or extended. Such systems, with appurtenances, shall
be offered for dedication to such districts without cost to the district.
B.
Water and sewerage facilities.
(1)
Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
(2)
Local requirements. Orange County Department of Health
approval shall constitute only the minimum requirement necessary,
and where considered essential by the Board, a public sanitary and/or
water system may be required for any subdivision.
(3)
Ordinance. The requirements contained in the Town
of Chester Sewage Disposal Ordinance approved by the Town Board of
the Town of Chester, and as hereafter may be amended, shall apply,
and all sewage disposal systems shall be constructed in conformance
thereto, said Sewage Disposal Ordinance being attached hereto and
made a part hereof.[2]
(4)
Dedication. Water and sewer mains and systems are
to be offered for dedication to the Town or duly constituted improvement
district and, upon completion of acceptance, are to be maintained
by the Town and shall be located in the street rights-of-way or in
perpetually unobstructed easements of a width adequate for servicing.
(5)
Connections. The developer shall be responsible not
only for the laterals within the development but also for any lines
or connections that may be necessary to bring the service to the development.
(6)
The Planning Board may require that prior to final
approval, the Town Engineer shall determine the capacity of a well
to adequately supply a development with water. In order to assure
adequate water supply for the safety, health and comfort of the residents,
a seventy-two-hour test shall be taken, during which time an amount
equal to at least 600 gallons per dwelling unit shall be obtained
on a sustained basis.
