Authorized under the provisions of Town Law § 280-a, it was believed to be in the best interest of the community to create more flexibility in the development of certain lands within the Town along the lines known as "open area development." It is not the intention to designate specific areas for such development but rather to permit such development by action of the Town Board after review of a conventional subdivision plan by the Planning Board and recommendation from and consultation with the Planning Board based on the procedure described below in § 83-27.3A. Such permission shall be considered on a case-by-case basis and shall only be permitted in specific areas where it is determined by the Town Board and Planning Board that open area development is beneficial to the Town and a specific site and preferable to a conventional subdivision plan for that site.
It is the established policy of the Town of
Chester that the natural topography of the land in an open area development
is an asset which should be preserved and safeguarded. It is hereby
declared that the various features of such topography, including the
topsoil and other natural materials that constitute the land, the
shape for contouring the land, the plant life and wildlife that is
fostered on the land, and water or the flow thereof upon the land,
are of prime concern to the welfare of the people of the Town of Chester,
and no changes shall be permitted in such topography except those
which are absolutely necessary in order to permit the proper and appropriate
use of the land or which may be expressly required by the Planning
Board.
A.
Whether or not the Planning Board or developer is
contemplating an open area development for a particular site, the
property owner or developer shall first submit a conventional plan
for a subdivision to the Planning Board which shall follow the procedure
described below:
(1)
Upon receipt of the conventional plan in sketch plan
or concept plan form, the Planning Board shall require the plan to
be prepared in enough detail to determine the impact on the terrain
and vegetation.
(2)
If, in the opinion of the Planning Board, the conventional
plan could not be developed without substantial impact to the natural
environment or if there is a combination of natural, man-made or access
impacts or limitations, the Planning Board may require an open area
development plan to be prepared as an option to waivers or environmental
impacts for a conventional plan.
(3)
At this time, the Planning Board shall begin SEQRA
procedures and review both plans in accordance with SEQRA.
(4)
If, after review of the conventional and open area
plans, the Planning Board believes the open area plan to be beneficial,
it shall recommend the open area development option to the Town Board
after adoption of a negative declaration in regard to the open area
development plan.
(5)
The Town Board may authorize the Planning Board to
proceed with review and approval of an open area development upon
receipt of the Planning Board recommendation and its concurrence therewith.
(6)
Provided that the developer meets the requirements
as hereinafter set forth and upon grant of permission by the Town
Board, the owner or developer shall file a subdivision map, together
with a site plan, with the Planning Board of the Town of Chester,
which shall comply with all the conditions hereinafter set forth and
the other portions of these Subdivision Regulations of the Town of
Chester which may be applicable and to the extent that the Planning
Board determines such to be beneficial to the development.
B.
Upon receiving the subdivision plat and site plan
application in accordance with the foregoing, the Planning Board shall
hold a public hearing within 62 days of the submission with notices
thereof to be published and promulgated in accordance with the procedure
set forth in this Subdivision Law for the Town of Chester. The developer
shall be required to show proof of publication and mailing at the
outset of the public hearing to be held.
D.
Conformance required. There shall be no regrading,
removal or excavation of topsoil or other natural materials from any
property in the open area development except as provided for herein.
These provisions shall not be construed as prohibiting or limiting
normal use of land for farming.
E.
Uses for which a tree removal, topsoil removal, surface
grading and excavation are permitted:
(1)
Road building: for the excavation of topsoil and other
natural materials from within the limits of the right-of-way for the
sole purpose of building roads and driveways and slopes incidental
thereto which lie within the area of the development approved by the
Planning Board of the Town of Chester or on file in the County Clerk's
office in Orange County, New York.
(2)
Minor improvement of property, for the improvement
of property, provided that such improvement shall not cover an area
more than three times that of the foundation of the new building or
structure for which a building permit has been issued by the Building
Inspector and which improvement shall conform to the following standards:
(a)
Final slopes shall be finished at a grade no
greater than the natural angle of repose except where supported by
a retaining wall or foundation.
(b)
Any lakes or ponds that are created shall have
sufficient depth and inflow of water to prevent their becoming stagnant
in dry periods.
(c)
Topsoil may be removed in connection with any
permitted excavation but shall be replaced to a depth of at least
four inches over all exposed ground surfaces, except rock, and said
restored surface shall be planted or seeded and mulched repeatedly
as necessary until the area is stabilized.
(d)
Topsoil or other natural materials which have
been excavated to permit the improvement of property may be removed
from the property, provided that the amount to be removed is not in
excess of that to be reused on the site of the improvement and provided
that this amount is specified in the building permit for such improvement.
(e)
There is no processing of excavated materials
by a rock crusher or similar equipment on the premises.
(f)
Any regrading, removal or excavation which is
permitted under the provisions of these regulations, subject to the
issuance of a building permit, shall be completed within one year
of the date of the issuance of said permit.
(3)
Landscaping: for landscaping purposes in which topsoil
is removed from one part of the property and deposited on another
part of the same property, provided that a cover of at least four
inches of topsoil shall remain after such removal, and said restored
surface shall be planted or seeded and mulched repeatedly as necessary
until the area is stabilized.
A.
Areas of development. Open area development shall
be permitted only in areas zoned with an AR prefix.
B.
Principal permitted uses. Principal permitted uses
shall be single-family dwellings, not to exceed one dwelling per lot.
C.
Accessory uses. Accessory uses shall be annual membership
clubs providing outdoor recreational facilities, such as private playgrounds,
golf clubs, swimming pools not closer than 200 feet to any lot line,
tennis courts or fishing or hunting preserves. Such use shall be conducted
as a service to members and not as a business enterprise. Outdoor
public address systems are prohibited. Also permitted shall be noncommercial
stables and small accessory buildings.
D.
E.
Special conditions.
(1)
It shall be a condition of final approval that a statement
be filed in the Orange County Record of Deeds by the legal owner of
the open area development which, after adequately identifying the
land forming the open area development, shall recite the following:
(a)
No further subdivision of any lot sold out of
the previously identified property shall be permitted.
(b)
Rights-of-ways are reserved for each parcel
over all mapped roads in the developed area.
(c)
Rights-of-way shall remain privately owned and
will not be maintained or accepted by the municipality.
(d)
Public utility and cable television easements
along mapped roadways are reserved and shall inure to the benefit
of all parcels.
(e)
The owner and each subsequent grantee of each
parcel forming a portion of the open area development heretofore identified
agrees to be assessed for and pay a proportionate share, based upon
area, for the maintenance of all common rights-of-way.
(f)
No building permit will be issued in an open
area development until, as a part of the application for such a permit,
final site contours for the area within 50 feet of the building structure
to be constructed shall have been submitted and approved by the Building
Inspector.
A.
Planning Board.
(1)
If classified as an open development area, the Planning
Board shall study the sketch plan for conformance with the requirement
specified in these regulations.
(2)
The Planning Board may require, however, when it deems
it necessary for the protection of the public health, safety and welfare,
that an open development area comply with all or some of the requirements
for major subdivisions.
(3)
Such areas shall only be created for one-family residential
development; no subsequent changes in use or conversions to two- or
more family dwellings shall be permitted, nor shall any further subdivision
be allowed.
(4)
Access to lots shall be provided by a private road
right-of-way or easement which shall be approved by the Planning Board
and which shall meet the following requirements:
(a)
Any road right-of-way within the development
area shall have a twenty-foot usable roadway on which two emergency
vehicles may pass.
(b)
Any road right-of-way shall be 30 feet wide
and cannot exceed a grade of 15%. Said right-of-way shall have reasonable
sight distances and curves. Each property owner owns to the center
of the road and furnishes right-of-way to others in the development
which shall be reserved in each deed of conveyance.
(c)
Any driveway shall not be more than a maximum
20 feet cleared area with a ten-foot-wide drive and shall not exceed
a grade of 15%.
B.
Sketch plan.
(1)
The sketch plan shall show the proposed layout of
streets, lots and other features sketched on a print of a survey of
the property with contour lines at intervals no greater than 10 feet
on United States Geological Survey datum (may be obtained from field
survey, United States Geological Survey map or similar source) and
shall also show or otherwise include all of the information specified
in Section 3, excluding Item 7.
C.
Homeowners' association.
(1)
The developer, at the time of filing the plat aforementioned,
shall file an instrument affecting the entire parcel involved in the
open area development, which said instrument shall establish a homeowners'
association with the necessary rules and regulations pertaining thereto
and, additionally, shall set forth covenants running with the land
wherein all grantees, by accepting conveyance of their respective
parcels, agree to share equally in the maintenance of common property,
including all rights-of-way, and further agree that their share thereof,
after determination of the respective proportionate share by the aforementioned
association, shall become liens upon the respective lots bearing interest
at 10% per annum or at the legal rate for judgments in the State of
New York, whichever shall be higher.
(2)
Under conditions which are acceptable to the Planning
Board and presuming adequate safeguards have been demonstrated, the
Planning Board may dispense with the homeowners' association and authorize
utilization of a maintenance agreement in lieu thereof.
D.
Certification. The developer's engineer shall certify
to the Planning Board and the Town Board that all road and drainage
facilities were constructed as designed. In addition, the Town Highway
Superintendent and/or the Town or Planning Board Engineer shall review
plans and inspect the site of roads and drainage prior to issuance
of a certificate of occupancy.
