No use shall be permitted in the IP or I Districts
that does not conform to the following standards of use, occupancy
and operation hereby established as the minimum requirements to be
maintained:
A.
Industrial wastes. No solid or liquid wastes shall
be discharged into any public sewer, private sewage disposal system,
stream or on or into the ground except in accordance with the standards
approved by the Orange County Health Department or similarly empowered
agency.[1]
B.
Fire and explosion hazards. All activities involving
and all storage of flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and adequate fire-fighting and fire suppression equipment and devices
standard in the industry. Burning of waste materials in open fires
is prohibited. The relevant provisions of state and local laws shall
also apply.[2]
C.
Radioactivity or electromagnetic disturbance. No activities
shall be permitted which emit dangerous radioactivity beyond the structure
in which such activity is situated or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance.
D.
Glare and heat. No glare or heat shall be produced
that is perceptible beyond the boundaries of the lot on which such
use is situated.
E.
Noise. Noise shall not exceed in intensity, as measured
from the boundaries of the lot where such use is situated, the average
intensity, occurrence and duration of the noise of street traffic
on adjoining streets.
F.
Atmospheric effluence. No dust, dirt, smoke, odor
or noxious gases shall be disseminated beyond the boundaries of the
lot where such use is situated so as to constitute a nuisance.
A.
A side or rear yard for a nonresidential use in an
RO or LB-SL District adjacent to a residential district or a multifamily
structure in an SR-6 District adjacent to an AR-.3, SR-1 or SR-2 District
shall have a minimum width or depth of 15 feet, which shall be landscaped
and free of pavement, and that part nearest the residential district
shall be planted with a screen of evergreens having a uniform height
of not less than 10 feet above ground level at the time of planting
and set in a double staggered row spaced eight feet apart in each
row and shall be properly maintained to afford an effective screen
between the two districts. However, smaller trees may be allowed,
provided the ten-foot height is made up by a berm designed to the
satisfaction of the Planning Board.
B.
A side or rear yard in an LB or GC District adjacent
to a residential district shall have a minimum width or depth of 50
feet, of which the first 25 feet nearest the residential district
shall be planted with a screen of evergreens having a uniform height
of not less than 10 feet above ground level at the time of planting
and set in a double staggered row spaced eight feet apart in each
row and shall be properly maintained to afford an effective screen
between the two districts. However, smaller trees may be allowed,
provided the ten-foot height is made up by a berm designed to the
satisfaction of the Planning Board. The remaining 25 feet may be used
for automobile parking, but may not be used for any structures, including
lighting structures.
C.
A side or rear yard in an OP, IP or I District adjacent
to a residential district shall have a minimum width or depth of 200
feet, of which the first 50 feet nearest the residential district
shall be planted with a screen of evergreens having a uniform height
of not less than 10 feet above ground level at the time of planting
and set in a double staggered row spaced eight feet apart in each
row and shall be properly maintained to afford an effective screen
between the two districts. No plantings shall be required if the 50
feet are heavily wooded or have natural screening. However, smaller
trees may be allowed, provided the ten-foot height is made up by a
berm designed to the satisfaction of the Planning Board. The remaining
150 feet may be used for automobile parking, but may not be used for
any structures, buildings or truck parking or maneuvering areas.
D.
Where IP, OP or I Districts are located across a street
from a residential district the front or side yard of a proposed use
facing said street shall be landscaped to the satisfaction of the
Planning Board, and no vehicles shall be allowed to be parked in the
first 50 feet of the front or side yards facing such street.
E.
In the LB, GC, OP, IP and I Districts, any use with
outdoor storage of materials approved by the Planning Board, which
has a front or side yard adjacent to a public street or residential
zone, shall be required to screen such material with an appropriate
solid fence, excluding chain link or stockade fencing, or landscaping
to the satisfaction of the Planning Board. This subsection shall not
be construed to allow outdoor storage for any use in these districts
unless such storage is specifically allowed as a permitted use or
allowed as an accessory use to a permitted use.
[Amended 9-9-2008 by L.L. No. 4-2008]
F.
Where new residential lots are created adjacent to
existing nonresidential uses, a landscaped buffer designed to the
satisfaction of the Planning Board with a minimum depth of 20 feet
shall be provided along all lot lines adjacent to such uses.
G.
Parking areas for uses in all LB, OC, OP, RO, IP and
I Districts shall not be located within 20 feet of any front or side
lot line facing a street or within 10 feet of any side or rear lot
line.
H.
Parking areas for uses in all LB-SL Districts shall
not be located within five feet of side, rear or front lot lines.
I.
Landscaping for all buffer areas shall be designed
by a licensed landscape architect and shall be guaranteed for a period
of three years. Thereafter it shall be maintained by the property
owner as a condition of approval. A landscape bond for a period of
three years shall be provided to the Town in the form of cash or confirmed
and irrevocable letter of credit acceptable to the Town Attorney to
insure the installation and maintenance of the landscaping. Release
of said bond shall be on the recommendation of the Building Inspector
or authorized landscape professional designated by the Town.
J.
Berms are not to exceed a height of five feet, and
trees are to be a minimum height of six feet, but are not to exceed
a height of 10 feet at the time of planting.
A.
Intent. It is the intent of the Town of Chester to provide more flexibility in the design of single- and two-family dwelling unit development in order to promote a variety of dwelling unit types, densities and values within certain guidelines to reduce the potential of significant impacts on community facilities. To accomplish this, a maximum of four dwelling units per buildable acre in combinations of detached single- and two-family dwellings may be approved within the SR-6 District in accordance with the provisions contained herein and as set forth in § 83-15 of the Code of the Town of Chester.
[Amended 9-9-2009 by L.L. No. 6-2009]
B.
Specific regulations.
(1)
Each one-family and two-family dwelling unit shall
be individually owned and sited upon its own portion of the realty.[1]
[1]
Editor's Note: Former Subsection B(1), concerning the applicability of § 83-15, which immediately preceded this subsection, was repealed 9-9-2009 by L.L. No. 6-2009. This ordinance also provided for the redesignation of former Subsection B(2) through (8) as Subsection B(1) through (7), respectively.
(2)
All development proposals shall be serviced by public
water and sewer.
(3)
Bedroom mix and restrictions. In order to ensure the
intended variety of housing mix and opportunities for various households,
the following regulations shall apply to each phase of a project unless
otherwise noted. The following bedroom mixes or limits shall be required:
[Amended 9-9-2009 by L.L. No. 6-2009]
(a)
No single- or two-family dwelling unit shall contain more than four
bedrooms.
(b)
No more than 40% of all approved dwelling units shall contain four
bedrooms.
(c)
At least 20% of all dwelling units shall contain two bedrooms. This
subsection shall be deemed cumulative and shall be satisfied and of
no further effect when 20% of all approvable units contain two bedrooms.
(d)
The average number of bedrooms shall not exceed three for the entire
project.
(4)
There shall be provided usable open space/recreation
lands at the rate of 800 square feet per dwelling unit.
(5)
Parking. In addition to the two parking spaces required
per dwelling unit, any cluster development shall provide an additional
1/2 space for each dwelling unit proposed. These spaces shall be provided
in overflow parking lot areas that are strategically located throughout
the parcel to accommodate visitor parking on site.
(6)
The proposal shall meet only the applicable provisions of § 98-25 as determined by the Planning Board and all other applicable provisions of this chapter. A yield or conventional plan is not required.
[Amended 9-9-2009 by L.L. No. 6-2009]
(7)
In the event that the developer or builder seeks to
phase the construction of units, the parking and open space requirements
shall be complete as to the particular phase being implemented prior
to issuance of building permits for the next succeeding phase.
All signs not specifically permitted are prohibited.
A.
Residence districts.
(1)
Signs permitted.
(a)
Real estate signs not exceeding six square feet
in area advertising the sale, rental or lease of the premises on which
they are maintained. Such signs shall be distant at least 25 feet
from any street line or not more than five feet in front of any building
that sets back less than 25 feet from the street line.
(b)
One nameplate, professional or announcement
sign in connection with a residential building, not exceeding two
square feet in area.
(c)
One identification sign not exceeding 20 square
feet in area identifying a place of worship, parish house, religious
school building, hospital, nursing home, private school or apartment
building or other uses requiring site plan approval. Such sign shall
refer only to the premises upon which it is located. Such sign shall
not be located in a required yard unless affixed to the wall of a
building, except that in no case need it be located more than 25 feet
from the street line. Notwithstanding the above, a bulletin board
of a place of worship not more than 12 feet square may be placed no
closer than 10 feet to a street line.
[Amended 6-7-2005 by L.L. No. 2-2005]
(2)
Regulations.
(a)
A ground-mounted sign shall not project more
than five feet above the ground.
(b)
A sign mounted flush on a building shall not
project above the roof line.
(c)
No sign or manufacturer's name shall be displayed
on an air conditioner or other installation mounted on a building
or structure which is visible from the street or adjoining property.
B.
RO and LB Districts.[1]
(1)
Permitted signs.
(a)
Any sign permitted in a residential district
according to residential district regulations.
(b)
Flat business signs, which shall not project
more than 12 inches beyond the building facade and shall not extend
above the roof of the building. The total surface display area of
flat business signs shall not exceed in square feet two times the
number of linear feet of width of the store or building frontage,
except that in the case of a corner lot, such square foot display
area may be increased by one times the number of linear feet of the
length of the store or building which faces the secondary street.
Said increased permitted display area shall be used only for the erection
of a permitted sign on the length of the building or store which faces
the secondary street. Where the premises abut a parking lot, the total
display area may be increased by 1/2 times the number of linear feet
of the width of the store or other building fronting on such parking
lot. Such increased display area shall only be utilized for the erection
of a permitted sign on that part of the store or building which abuts
said parking lot.
(3)
Regulations.
(a)
No sign of any kind shall be painted or mounted
on the side of a building facing an adjoining residence district,
nor shall signs of any kind be placed in the side yard or rear yard
area adjoining a residence district.
(b)
In addition to identity and wall signs, gasoline
filling stations may have incidental signs indicating services, products,
prices, trade information or other information, not including product
advertising, which may be attached to the structure or may be listed
on one permanently installed sign structure at least 20 feet from
any property line.
(c)
No products or product containers or signs shall
be closer to a street line than 20 feet.
[1]
Editor's Note: The title of this subsection was changed from
"RO, LB or LB-SL Districts" to "RO and LB Districts" 2-23-2011 by
L.L. No. 2-2011.
C.
GC, OP and IP Districts.
(1)
Permitted signs.
(a)
For each establishment, one identity sign for
each street frontage, each with a maximum area of one square foot
for each linear foot of a building facade which fronts on a street.
(2)
Regulations.
(3)
Digital standard.
[Added 3-25-2015 by L.L.
No. 1-2015]
(a)
There may be no more than one programmed digital sign on a lot.
There may be no more than one automated or interactive digital sign
for each business on a lot.
(b)
A digital sign, other than a digital billboard, may not allow
the display or message to change more frequently than once every eight
seconds, with a transition period of one second or less. Messages
may not contain the appearance of motion or animation. Transitions
between messages may contain the appearance of motion or animation.
(c)
A digital sign must have installed an ambient light monitor,
which shall continuously monitor and automatically adjust the brightness
level of the display based on ambient light conditions consistent
with the terms of this article. Certification must be provided to
the Town demonstrating that the sign has been preset to automatically
adjust the brightness to these levels or lower. Reinspection and recalibration
may be periodically required by the Town at its reasonable discretion,
at the owner's expense, to ensure that the specified brightness levels
are maintained at all times.
(d)
Maximum brightness levels for digital signs shall not exceed
5,000 nits or candelas per square meter (cd/m2) when measured from
the sign's face at its maximum brightness, during daylight hours.
The maximum brightness levels for digital signs shall not exceed 500
nits or candelas per square meter (cd/m2) when measured from the sign's
face at its maximum brightness, between sunset and sunrise, as those
times are determined by the National Weather Service.
(e)
Written certification from the sign manufacturer must be provided
at the time of application for a sign permit certifying that the light
intensity of the sign has been preset not to exceed the illumination
levels established by this section, and that the preset intensity
level is protected from end user manipulation by password protected
software or other approved method.
(f)
Digital signs may not display messages about goods or services
that are not sold and delivered or provided on the premises where
the sign is located. The foregoing notwithstanding, a digital sign
may display messages about public emergencies and public events.
(g)
Brightness of digital signs shall be measured as follows:
[1]
At least 30 minutes following sunset, a footcandle meter shall
be used to obtain an ambient light reading for the location. This
is done while the sign is off or displaying black copy. The reading
shall be made with the meter aimed directly at the sign area at the
preset location.
[2]
The sign shall then be turned on to full white copy to take
another reading with the meter at the same location.
[3]
If the difference between the readings is 0.2 footcandle or
less, the brightness is properly adjusted.
[4]
Other requirements. The use, size and location of digital signs,
other than digital billboards, must comply with all other relevant
regulations and laws of the Town.
D.
LB-SL District.
[Added 2-23-2011 by L.L. No. 2-2011[2]]
(1)
Permitted signs.
(a)
Any sign permitted in a residential district according to residential
district regulations, but only for the same uses that are allowed
in the residential district.
(b)
Flat business signs, which shall not project more than 12 inches
beyond the building facade and shall not extend above the roof of
the building. The total surface display area of flat business signs
shall not exceed in square feet two times the number of linear feet
of width of the store or building frontage. However, in the case of
a store or building on a corner lot, such square foot display area
can allow for a second sign facing the secondary or side street equal
to the length of the store or building's side wall in linear feet.
Said increased permitted display area shall be used only for the erection
of a permitted sign on the length of the building or store which faces
the secondary street. Where the premises abuts a parking lot, for
that portion of the building which faces the area with parked vehicles,
the total display area for the area of the building facing the parking
area may be increased by one-half times the number of linear feet
of the facade of the store or building which faces the parking area.
No additional signage is allowed for an area facing a drive-way without
parked vehicles. A building facing both a side street and parking
area may only increase signage display area by one times the length
of the side of the building.
(c)
Free-standing ground-mounted signs in a fixed position. No signs
shall exceed 12 feet in height. Signs may be 10 square feet per side
or 40% of the allowed front wall sign per side, whichever is greater,
but at the discretion of the Planning Board under applicable architectural
review procedures as provided within the Chester Town Code. If the
bottom of the sign is less than seven feet above the ground, a planter
or other safety feature must be placed along the base of the sign
to prevent people from walking underneath ground-mounted signs. No
sign shall be lower than five feet above the ground within five feet
of the street right-of-way line.
(d)
A maximum of two signs per building are permitted. In the case
of multiple businesses on a site, a maximum of one sign is permitted
per business (not including directory signs) up to a maximum of two
signs per building. However, additional signs may be permitted with
architectural review by the Planning Board.
(2)
Prohibited signs.
(a)
Internally illuminated signs are prohibited. These would include
flashing lights, neon lights, backlighted signs and signs with lights
which move more than once a minute.
(b)
Sandwich board signs located on the ground.
(c)
Exposed lamps over 10 watts on any sign.
(d)
Mounted or hanging window signs unless they count as the permitted
sign for a business.
(3)
Regulations.
(a)
No sign of any kind shall be painted or mounted on the side
of a building facing an adjoining residence district, nor shall signs
of any kind be placed in the side yard or rear yard area adjoining
a residence district.
(b)
No products or product containers or signs shall encroach in
or be located in the county right-of-way.
(c)
No more than one flag per business shall be displayed during
business hours only. Flags must not obstruct views of any other business
signs or create a safety hazard. Flags must be a maximum of 10 square
feet per side and no multiple flags are allowed on one halyard.
(d)
One banner per building may be displayed for a total of no more
than 60 days during any calendar year. Such banner shall not exceed
25 square feet. Banners shall be for the purpose of advertising or
promoting specific products, activities or events on site or in the
LB-SL District.
(e)
Community-based signage relative to the Sugar Loaf Area activities
or to the Town of Chester shall be allowed subject to the authorization
of the Town Board.
(f)
American flags, wind vanes and any products intended for sale
are excluded from this code.
(4)
Multiple directory signs for multiple businesses on a site.
(a)
If there are multiple businesses on a site, the size and format
of the individual business signs must be consistent. Lettering and
coloring may be different for the individual business signs.
(b)
Architectural review by the Planning Board is required for the
frame and header, but once a standard has been established for a site
further review is not required.
(c)
Individual businesses within the site are allowed one wall-mounted
or perpendicular sign conforming to the above standards.
(5)
Notes and exceptions.
(a)
All signs in existence prior to adopting this code are grandfathered.
Such signs shall be listed by the Code Enforcement Officer within
a month of the adoption of this section and maintained in a file in
the municipal office.
(b)
Signs must be maintained and not allowed to deteriorate.
(c)
Upon reoccupancy of a space that included a nonconforming sign,
any new sign must conform to this Code.
(d)
Any sign now or hereafter existing which advertises a business
no longer in operation within the LB-SL Zone shall be removed within
30 days of the closing of that business.
E.
Signs permitted in any district. The following signs
shall be permitted in any district, unless specifically prohibited
elsewhere within this section, and shall not require a permit:
(1)
Construction signs which identify the architects,
engineers, contractors and other individuals or firms involved with
the construction, but not including any advertisement of any product,
and signs announcing the character of the building enterprise or the
purpose for which the building is intended, during the construction
period, to a maximum area of 16 square feet for each industrial or
commercial use and to a maximum area of four square feet for each
firm in all other districts. The signs shall be confined to the site
of the construction and shall be removed within 14 days of the beginning
of the intended use of the project.
(2)
Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, up to a total area of 12 square feet unless otherwise regulated by Subsection A(1)(a) of this section. Such signs shall be removed within 14 days of the sale, rental or lease of the premises.
(3)
Political campaign signs announcing the candidates
seeking public political office and other data pertinent thereto,
up to an area of 32 square feet for each premise. These signs shall
be confined within private property and removed within 14 days after
the election for which they were displayed.
(4)
A sign of the temporary poster type erected for temporary
use only and displayed inside a business establishment or affixed
to the outside of its show window or on the building which houses
such establishment, advertising a special sale for a limited time
only of goods, services or entertainment on the premises where displayed,
or a similar sign not over three square feet in area advertising some
civic event.
(5)
Signs directing traffic movement onto a premises,
not exceeding two square feet in area for each sign. Horizontal directional
signs on and flush with paved areas are exempt from these standards.
(6)
Signs of educational, religious, governmental or nonprofit
organizations containing general public information, or signs of public,
quasi-public, commercial, industrial or real estate development uses
giving directions thereto, which uses are located off of and not clearly
visible from a highway or other major street. Such signs:
(a)
Shall require approval of controlling agencies
when located on street rights-of-way.
(b)
Shall not exceed four square feet in area.
(c)
May be located on a premises other than that
on which the use to which the signs refer is located.
(d)
Shall be limited to three signs per use.
(e)
Shall be located at least 1,500 feet apart as
measured along a street.
F.
Signs prohibited in any district. The following signs
and types of signs shall be prohibited in any district:
(1)
Sign, advertising structure or device erected or maintained
adjacent to a state park or parkway in violation of § 675
of the Conservation Law.[3]
[3]
Editor's Note: The Conservation Law was repealed,
in general, by Ch. 660 of the Laws of 1972. For current provisions
regarding signs adjacent to state parks or parkways, see § 13.07
of the Parks, Recreation and Historic Preservation Law.
(2)
Signs which contain or are in imitation of an official
traffic sign or signal or contain the words "stop," "go slow," "caution,"
"danger," "warning" or similar words.
(3)
Signs or lights which are of a size, location, movement,
content, coloring, shape or manner of illumination which may be confused
with or construed as a traffic control device or which hide from view
any traffic or street sign or signal.
(4)
Signs which move in any manner, consist of moving
devices, have a major moving part or which may swing or otherwise
noticeably move as a result of wind pressure because of the manner
of their suspension or attachment.
(5)
Billboards and other advertising signs, signs mounted
or rooftops and signs which project out from buildings more than one
foot.
G.
Illumination of signs in any district.
(1)
Signs may be internally lighted or illuminated by
a hooded reflector.
(2)
No sign shall have blinking, flashing or fluttering
lights or other illuminating device which has a changing light intensity,
brightness or color.
(3)
Exposed reflective-type bulbs and strobe lights or
incandescent lamps which exceed 15 watts shall neither be used on
the exterior surface of any sign so as to expose the face of the bulb,
light or lamp to any public street or adjacent property nor be strung
in a series of bulbs.
H.
Billboards (allowed in Zones GC, OP, LB, I, IP and AL).
[Added 3-25-2015 by L.L.
No. 1-2015; 9-27-2017 by L.L. No. 1-2017]
(1)
General requirements.
(a)
Only those existing billboards, installed prior to the effective
date of the amendment to this chapter, are permitted in the Town of
Chester. Such billboards must be maintained, repaired and upgraded
in accordance with the standards set forth herein.
(b)
Any double-faced billboard having back-to-back surface display
areas, no part of which is more than two feet apart, is considered
to be a single billboard.
(c)
Billboard structures having more than one surface display area
which are tandem (side by-side) or stacked (one above the other) are
considered two billboards and are prohibited.
(d)
Sphere, spheroid, or similarly shaped billboard (e.g., a ball),
shall be prohibited.
(e)
The installation or use of a billboard is permitted only to
the extent authorized by, and subject to, the provisions of the Town
Zoning Law as amended from time to time.
(2)
Spacing. These provisions are applicable to replacement of existing
billboards. All distances as provided for in this section shall be
measured radially from where the surface display area is visible.
(a)
No billboard may be located within 75 feet of a property line
adjoining a street or within 30 feet of other property lines.
(b)
No billboards along NYS Route 17 may be located within 1,000
feet of another billboard (unless preexisting).
(c)
The Planning Board may authorize the relocation of a preexisting billboard upon a finding that such relocation would benefit the Town (e.g., protect view shed or be less visually obtrusive) and that such relocation would not increase the number of billboards otherwise allowed pursuant to the provisions of § 98-21H(2)(b) above.
(3)
Billboard surface display area; measurement.
(a)
The maximum allowable surface display area for a digital billboard
is 672 square feet (with a maximum vertical surface of 14 feet) if
the property has frontage along NYS Route 17 (Future 1-86). The maximum
allowable surface display area for all other billboards at any location
is 300 square feet, with a maximum vertical surface of 10 feet.
(b)
The surface display area of a billboard shall be measured to
include the entire area within a regular geometric form or combinations
thereof comprising all of the display area of the billboard, including
all of the elements of the matter displayed. Frames and structural
members, excluding necessary supports or uprights, shall be included
in computation of surface display area.
(4)
Height of billboards. The height of a billboard may not exceed 35
feet above the natural grade of the ground on which the billboard
is located.
(5)
Illumination. A billboard may be illuminated, provided such illumination
is consistent with the requirements for a digital billboard as set
forth herein, or is concentrated on the surface of the billboard and
is located so as to avoid glare or reflection onto any portion of
an adjacent street or highway, the path of oncoming vehicles or any
adjacent premises.
(6)
Appearance. Except for time and temperature signs or digital billboards as otherwise regulated herein, all billboards must be stationary and may not contain any visible moving parts, alternating or moving messages or have the appearance of having moving parts or messages. (See definition as contained in § 98-2, "Signs, digital").
(7)
Construction and maintenance. A billboard shall be constructed in
such a fashion that it will withstand all winds of 100 miles per hour,
and such shall be certified by a professional engineer or registered
architect licensed to practice in the State of New York. A billboard
shall be maintained so as to assure proper alignment of structure,
continued structural soundness and continued readability of message.
(8)
Display.
(a)
The display or message on a digital billboard, of any type,
may change no more frequently than once every eight seconds, with
a transition period of one second or less. Messages may not contain
the appearance of motion or animation. Transitions between messages
may contain the appearance of motion or animation.
(b)
The display or message must otherwise comply with Subsection H(3)(b) and the digital billboard must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with terms of this subsection.
(c)
Maximum brightness levels for billboards shall not exceed 5,000
nits or candelas per square meter (cd/m2) when measured from the sign's
face at its maximum brightness, during daylight hours. The maximum
brightness levels for digital signs shall not exceed 500 nits or candelas
per square meter (cd/m2) when measured from the sign's face at its
maximum brightness, between sunset and sunrise, as those times are
determined by the National Weather Service. Certification must be
provided to the Town Engineer demonstrating that the sign has been
preset to automatically adjust the brightness to these levels or lower.
Reinspection and recalibration shall be annually required by the Town,
in its reasonable discretion, at the owner's expense to ensure that
the specified brightness levels are maintained at all times, witnessed
by the Town Engineer at the owner's expense.
(d)
Brightness of digital billboards shall be measured as follows:
[1]
At least 30 minutes following sunset, a footcandle meter shall
be used to obtain an ambient light reading for the location. This
is done while the sign is off or displaying black copy. The reading
shall be made with the meter aimed directly at the sign area at the
preset location.
[2]
The sign shall then be turned on to full white copy to take
another reading with the meter at the same location.
[3]
If the difference between the readings is 0.2 footcandles or
less, the brightness is properly adjusted.
(9)
Other applicable laws. A billboard must comply with all applicable
provisions of federal and state law.
(10)
Permitting. Every billboard or modification thereto requires
site plan review and approval by the Planning Board. A Town sign permit,
by the Building Department, shall be required before installation
or modification. Permits shall be reviewed and issued consistent with
the terms of this section as well as all other applicable laws of
the Town including, without limitation, the Town Zoning Law as amended
from time to time. Every applicant for a billboard permit shall file
with the application a certificate of insurance, certifying that the
applicant is insured against bodily injury and for property damage
arising out of the erection, maintenance, repair, and replacement
of the billboard. Each applicant, if the permit is granted, shall
be required to maintain said insurance and keep a certificate of insurance
currently effective on file with the Town so long as the billboard
or billboards are in existence. The certificate shall provide that
the Town shall receive 10 days' written notice in case of cancellation
of the policy. Any billboard in violation of the insurance requirements
of this section shall be removed immediately and the cost of such
removal shall be charged against the owner of the billboard. Fees
set by Town Board.
(11)
The Town may place, at no cost, public service messages up to
5% of the yearly sign time for each sign per year at time chosen by
the Town.
(12)
Other requirements. Billboards must otherwise comply with all
other relevant regulations of the Town. The Town Engineer and the
Building Inspector will enforce this subsection.
(13)
Fees. The fines for violations of this order shall be up to
$1,000 per day as set by the court.
A.
Permitted accessory parking.
(1)
There is no limitation on the number of agricultural
vehicles permitted accessory to farm uses.
(2)
In residence districts and on residential lots in
all districts, licensed automobiles, commercial vehicles under one
ton and motorcycles may be parked on the driveways in the front yard.
Utility and recreational camping trailers, recreational camping vehicles
and boats (with or without trailers) shall not be parked in front
yards.
(3)
In the AR-.3 and SR-1 Districts, one licensed commercial
vehicle over one-ton capacity and agricultural equipment may be parked
and/or stored in conformance with the following minimum requirements:
(a)
In the rear yard only.
(b)
Not within the boundaries of a New York State
approved realty subdivision or an open area development or within
200 feet therefrom.
(c)
Not within 200 feet of any existing off-site
residence.
(d)
Appropriately screened from adjoining residential
uses and the road system.
(4)
Regulations controlling contractors' storage yards
in the AR-.3 and SR-1 Districts. Licensed commercial vehicles and/or
heavy equipment over one-ton capacity may be parked and/or stored
on a residential lot, as accessory to a residential use, in conformance
with the following minimum requirements:
(a)
Minimum lot area: three acres.
(b)
In the rear yard only.
(c)
Not to exceed four vehicles or pieces of heavy
equipment; no one vehicle or piece of equipment to exceed 20 tons.
(d)
Not within the boundaries of a New York State
approved realty subdivision or open area development or within 200
feet therefrom.
(e)
Not within 200 feet of any existing off-site
residence.
(f)
Appropriately screened by existing natural terrain
and/or vegetation from adjoining residential uses and the road system.
B.
Prohibited accessory parking.
(1)
In the SR-2 and SR-6 Districts, the following motor
vehicles shall not be parked or left standing in any yard area or
on a driveway, except for agricultural uses. This subsection shall
not be interpreted to prohibit trucks being used in the rendering
of a service to a premises.
(a)
Buses.
(b)
Commercial vehicles greater than one-ton capacity,
including any motor vehicle designed and used primarily for drawing
or towing other vehicles or trailers.
(c)
Recreational vehicles/motor homes exceeding
28 feet in length.
(d)
Boats, boat trailers, all-terrain vehicles (ATVs),
and similar vehicles are allowed in rear yards only, except in planned
adult communities (PACs) where they are not allowed in any yard area.
(2)
In IP Districts, no off-street parking shall be permitted
in the required front yard.
(3)
In residence districts, no off-street parking shall
be permitted in any front yard except on the driveways of single-
and two-family dwellings.
(4)
Unregistered, wrecked or partially dismantled motor
vehicles of any type or design shall not be permitted to be parked
or left standing in any yard area of any district.
(5)
In an LB or GC District, no parking shall be permitted
within 10 feet of a street line.
C.
Required off-street parking.
(1)
No building or premises shall be built or erected, nor shall any building be altered so as to expand its usable floor area, nor shall the use of any building or premises be expanded or changed, unless there is provided a parking area on the lot upon which the use or structure is located in accordance with the Schedule of Off-Street Parking Space Requirements provided in Subsection C(1)(a) and (b), except as provided in Subsection C(2) below.
(a)
Off-street parking for residential uses.
[Amended 9-9-2008 by L.L. No. 4-2008]
|
Schedule of Off-Street Parking Space
Requirements for Residential Uses
| |||
|---|---|---|---|
|
Use
|
Required Spaces1
| ||
|
Single-family and 2-family dwelling unit
|
2 per dwelling unit
| ||
|
Multiple dwellings and townhouses
| |||
|
One-bedroom unit
|
1.5 per dwelling unit
| ||
|
Two-bedroom unit
|
1.75 per dwelling unit
| ||
|
Three-or-more-bedroom unit
|
2 per dwelling unit
| ||
|
Senior housing2
| |||
|
Affordable
|
1.25 per one-bedroom unit
| ||
|
1.50 per two-bedroom unit
| |||
|
Market-rate and PAC's
|
1.50 per one-bedroom unit
| ||
|
1.75 per two-bedroom unit
| |||
|
2.00 per three-bedroom units
| |||
|
1Multifamily visitor
parking. All multiple dwelling projects shall provide at least one
visitor parking space per four dwellings located in proximity to the
dwellings they are intended to serve. Location and number of spaces
shall be determined by the Planning Board based on site layout.
| |
|
2Off-street parking
for senior housing projects may be reduced for projects in proximity
to community facilities or based on project composition as determined
solely by the Planning Board. Such reduction in spaces shall be provided
in land-banked spaces for up to 50% of the reduced spaces.
|
(b)
Off-street parking for nonresidential uses.
|
Schedule of Off-Street Parking Space
Requirements for Nonresidential Uses
| ||
|---|---|---|
|
Use
|
Required Spaces
| |
|
Animal hospital
|
1 per 200 square feet of floor area
| |
|
Auditorium, convention hall, stadium, theater,
studio or other place of public assembly not otherwise classified
|
1 per 3 permanent seats or 1 per 40 square feet
where fixed seating is not provided
| |
|
Bowling alley
|
3 per alley
| |
|
Drive-in facility or outdoor sales lot
|
1 per each 600 square feet of lot area devoted
to outdoor sales or display. Drive-in facilities will be dealt with
in terms of parking requirements based on their principal uses, plus
2 additional spaces for each drive-up window.
| |
|
Funeral home
|
1 per 2 employees, plus 1 per 40 square feet
of assembly area floor space
| |
|
Furniture, appliance or outdoor retail sales
|
1 per 500 square feet of sales area
| |
|
Gasoline station, parking garage or repair garage
|
1 space per each vehicle stored or being serviced
at any one period of time plus 5 additional spaces
| |
|
Golf courses and county club
|
1 per 2 lockers or other comparable accommodations,
plus seating for other facilities provided
| |
|
Home occupation or home professional office
|
3 per office
| |
|
Hospital
|
2 per bed
| |
|
Hotel or motel
|
1 per guest room, plus one per employee on the
largest shift
| |
|
Industrial, manufacturing or research facility
|
2 per 3 employees on the two largest consecutive
shifts
| |
|
Nursing home; sanitarium and assisted-care/-living
facility
|
1 per each 3 beds, plus 1 per each 2 employees
on the premises at any one time. Assisted living may be treated as
housing depending on the level of care provided.
| |
|
Office building
|
1 per 200 square feet of floor area for the
first 20,000 square feet of floor area, and then 1 per 300 square
feet of any additional floor area
| |
|
Place of worship, library and public building
|
1 per 5 seats or 1 per 100 square feet of floor
area where fixed seating is not provided
| |
|
Professional office of a doctor or dentist,
including home office of a doctor of dentist
|
5 per doctor or dentist
| |
|
Restaurant, club, eating or drinking place
|
1 per 4 seats or 1 per 40 square feet of seating
area or as required by the Planning Board for restaurants demonstrating
greater parking space needs in the judgment of the Planning Board
| |
|
Retail store, shopping center and personal service
establishment*
|
1 per 150 square feet of sales and/or customer
service area
| |
|
School, elementary (K-8)
|
2 per classroom, plus 1 per 5 seats in any auditorium
or assembly area
| |
|
School, secondary (9-12)
|
4 per classroom, plus 1 per 5 seats in any auditorium
or assembly area
| |
|
Warehouse or wholesale establishment
|
1 per 500 square feet of gross floor area
| |
|
NOTES:
| ||
|---|---|---|
|
*This number is based on the fact that no large
shopping centers are anticipated. Any shopping center in excess of
100,000 square feet could require fewer spaces which shall be allowed
by the Planning Board without need for variances.
| ||
(2)
Parking space location; applicability of space requirements.
[Amended 6-22-2016 by L.L. No. 2-2016]
(a)
Required off-street parking spaces may be located elsewhere
than on the same lot as the use to which they are is appurtenant,
provided that they shall be in the same zone as the use to which they
are appurtenant, and further provided that the spaces are not more
distant from the principal entrance or entrances to the structure
they serve than 500 feet in the case of an LB, LB-SL or SR use, 600
feet in the case of a GC use and 800 feet in the case of a manufacturing
or industrial use, and provided that all such spaces, through ownership
or permanent easement, shall be under the control of the owner or
operator of the use to which such spaces are appurtenant.
(b)
Nonapplicability to existing buildings and uses. In LB-SL Zones, the schedule of off-street parking space requirements provided in Subsection C(1)(a) and (b) shall not apply to any building, structure or use lawfully in existence at the effective date of this chapter, whether continued as a permitted or nonconforming use of same, whether of the same or to a different owner or different permitted use.
(c)
Parking for new building or premise construction. Parking for new building or premise construction or alterations so as to expand usable floor area by 3,000 SF or less are exempt from Subsection C(1)(a); or, if over 3,000 SF, parking will be in accordance with the schedule of off-street parking space requirements provided in Subsection C(1)(a) and (b). However, the Planning Board can waive any or all of the requirements for the good of the Town.
D.
Computation of spaces.
(1)
Required spaces shall be computed on a basis of 162 square feet per
space (nine feet by 18 feet), exclusive of drives or aisles for access
or turning movements in said parking areas. Handicap spaces shall
be 10 feet by 18 feet or 180 square feet per space, exclusive of drives
or aisles for access or turning movements in said parking areas.
[Amended 6-22-2016 by L.L. No. 2-2016]
(2)
When the number of required spaces results in a fraction,
the fraction shall require one parking space.
(3)
Adequate space shall be provided on the lot to permit
the placing of automobiles in a position to enter a public street
or highway from said parking area in a forward direction.
(4)
If a use is not listed in the Schedules of District
Regulations, then the number of required off-street parking spaces
becomes the number of spaces required for the use which most nearly
approximates the proposed use as interpreted by the Planning Board
or as listed for such use in the latest edition of the Institute of
Transportation Engineers (ITE) Parking Generation manual.
(5)
When more than one permitted use is located on a premises,
the number of required off-street parking spaces becomes the sum of
the component requirements. Where it can be conclusively demonstrated
that one or more of such uses will be generating a demand for parking
spaces primarily during periods when the other use or uses is not
or are not in operation the Planning Board may reduce the total parking
spaces required for that use with the least requirement.
(6)
Areas which may be computed as the required off-street
parking space may include a garage, carport or other area available
for parking, other than a street, or a driveway within a front yard
of a one- or two-family dwelling, which may be counted as one space.
E.
Standards for pavement, maintenance and access.
(1)
Off-street parking areas for more than 10 automobiles
shall be adequately paved, graded and drained so as to dispose of
all surface waters to the satisfaction of the Town Engineer.
(2)
All off-street parking spaces within any required
parking area shall be clearly marked to show the parking arrangement
and movement within said parking area.
(3)
All off-street parking areas shall be maintained in
good condition. Any shrubs required by this chapter as a buffer for
a particular use on the same premises as a parking area, which shrubs
are located adjacent to a parking area, shall be protected by a concrete
curb, bumper guard or the equivalent, which shall run parallel to
said shrubs, be at least five inches in height above the paved surface
adjacent to said shrubs and be a sufficient distance therefrom to
protect said shrubs from the impact of motor vehicles.
(4)
There shall be adequate provision for ingress and
egress to all parking spaces. Access to off-street parking areas shall
be limited to several well-defined locations at which curb cuts shall
be permitted by the Planning Board. Driveways to each of said curb
cuts shall be at least 10 feet in width and no more than 20 feet in
width in an LB, LB-SL or residential district, for a use requiring
five or more spaces. In a GC or industrial district, driveways to
each of said curb cuts shall be at least 15 feet in width and no more
than 30 feet in width. In no case shall there be permitted unrestricted
access along the length of the street or streets upon which the parking
area abuts.
F.
Required off-street loading.
(1)
No building or premises shall be built or erected,
nor shall any building be altered so as to expand its usable floor
area for any commercial or industrial use, nor shall the use of any
premises be changed, unless there is provided loading space in accordance
with the use. Every building or structure, lot or land hereafter put
into use for business or industrial purposes or for a hospital and
which has an aggregate floor area of 4,800 square feet or more in
an I or IP District or 15,000 square feet or more in any other district
where such uses are permitted shall be provided with off-street truck
loading spaces in accordance with the following schedule:
|
Aggregate Floor Area Devoted to Such Use
(square feet)
|
Required Number of Off-Street Truck Loading
Spaces
| |
|---|---|---|
|
4,800 to 25,000 in any and I or IP District
|
1
| |
|
15,000 to 25,000 in other districts
|
1
| |
|
25,000 to 40,000 in all districts
|
2
| |
|
40,001 to 100,000 in all districts
|
3
| |
|
Each additional 60,000 in all districts
|
1 additional
|
(2)
Shipping or receiving docks for off-street loading
facilities shall have adequate access to and from a public street
without using said street for maneuvering purposes and shall not be
loaded nearer than 200 feet to a residential district.
(3)
Required loading spaces shall be at least 12 feet
by 33 feet or of a size suitable for their intended purpose as determined
by the Planning Board.
A.
Standards. Minimum habitable dwelling space for all
types of dwelling units shall be as shown in the following table:
[Amended 2-23-2011 by L.L. No. 2-2011]
|
Use
|
Minimum Habitable Dwelling Space
(square feet)
| ||
|---|---|---|---|
|
Single-family dwelling units in the AR-.3 and
SR-1 Districts
|
1,200
| ||
|
Single-family dwelling units in the SR-2 and
SR-6 Districts
|
1,200
| ||
|
Multiple-family dwellings, mixed-use residences,
apartments and townhouses
| |||
|
Efficiency units
|
400
| ||
|
One-bedroom units
|
600
| ||
|
Two-bedroom units
|
800
| ||
|
Three-or-more bedroom units
|
1,000
| ||
|
Two-family dwellings
|
1,000
| ||
|
PAC dwellings as described in § 98-29N(2)(d)[8]
| |||
|
Senior housing as described in § 98-29T(2)(c)
| |||
B.
Additions. An addition to an existing dwelling shall
be permitted even though the addition does not increase the habitable
dwelling space or floor area to meet the minimum habitable dwelling
space requirements of the Town of Chester.
C.
Measurement of habitable dwelling space. Habitable
dwelling space shall be calculated in floor area and shall be subject
to the following restrictions:
(1)
The minimum clear ceiling height of habitable dwelling
spaces shall not be less than seven feet six inches in the first story
and not less than seven feet four inches in upper stories.
(2)
In computing the dwelling space of half stories or
attics, all portions less than five feet in height shall be disregarded.
(3)
The floor of a cellar, garage, porch or similar part
of an attachment to a dwelling shall not be counted as habitable dwelling
space.
(4)
In calculating habitable dwelling space, the floor
area shall be measured from the outside face or center of the walls
enclosing each dwelling and may include all closet space and storage
areas contained within the dwelling or apartment unit, but shall not
include outside patios, balconies or terraces. In the case of dwelling
units above business uses or apartment buildings, utility rooms or
interior hallways used jointly by occupants of more than one dwelling
unit in such building shall not be included in the measurement of
habitable dwelling space.
[Amended 3-6-2007 by L.L. No. 3-2007; 9-9-2009 by L.L. No.
6-2009]
A.
Cluster authority. Pursuant to § 278 of the Town Law, for the purpose of enabling and encouraging the flexibility of design and the development of land in such a manner as to promote the most appropriate use of land, and to further the goals of the Town of Chester Comprehensive Plan, including preserving the scenic and open quality of the Town's rural landscape and protecting historical and agricultural resources, the Planning Board is authorized, subsequent to receipt of a subdivision plat in any of the Town's residential zoning districts, to require and approve a cluster development modifying the applicable provisions of Chapter 98, subject to the following conditions:
(1)
This procedure shall be followed at the discretion of the Planning
Board if, in the Board's judgment, the application would benefit the
Town. In addition, an applicant may request Planning Board review
for a cluster development subject to the same criteria as set forth
in this section.
(2)
A cluster development shall in no case result in a permitted number
of building lots or dwelling units which exceeds the number that could
be permitted, in the Planning Board's judgment, if the land were subdivided
into lots conforming to the minimum lot size and all other applicable
requirements pertaining to the district or districts in which the
land is situated. Where the plat falls within two or more contiguous
districts, the Planning Board may approve a cluster development representing
the cumulative density as derived from the summing of all units allowed
in such districts pursuant to all other applicable requirements and
may authorize actual construction to take place in all or any portion
of such districts. The phrase "all applicable requirements" means
not only all applicable local zoning, schedule of use and area requirements,
land use laws and subdivision regulations[1] but also any applicable county, state and federal laws,
regulations and requirements.
(3)
As a condition of plat approval, the Planning Board may establish
conditions on the ownership, use, and maintenance of such open lands
shown on the plat as it deems necessary to assure the natural, scenic,
agricultural, open space or other characteristics of such open lands.
(4)
No final plat shall be approved by the Planning Board until such
conditions are approved by the Town Board where a Town district, easement,
road or utility is involved.
(5)
The plat showing such cluster development may include areas within
which structures may be located, the height and spacing of buildings,
open spaces and their landscaping, open or enclosed off-street parking
spaces, streets, driveways, and any other features that may reasonably
be required by the Planning Board.
B.
Purpose of regulations and considerations for approval. The Town
Board has adopted these regulations for the purpose of establishing
the following considerations on which the approval of clustered subdivisions
in the Town of Chester shall be based:
(2)
To help achieve the specific community-wide objectives set forth
in the Comprehensive Plan, protecting not only cultural landmarks
and resources but also their surrounding visual context, protecting
significant agricultural lands and resources, and the rural appearance
of the Town of Chester, including the preservation of natural assets
such as streams, ponds, fields, trees, and critical habitat areas.
(3)
Recognition of desirable standards of subdivision design, including
adequate provisions for vehicular traffic, for surface water runoff,
and for creating suitable building sites for uses permitted in the
applicable zoning district or districts.
(4)
Provision for the necessary community facilities to support the contemplated
use, such as parks and recreation facilities, school sites, firehouses
and off-street parking where appropriate.
(5)
Provision of adequate utility services in a way that minimizes adverse
visual impacts.
C.
Procedural regulations for cluster development. If a cluster plan
is proposed or required, the following procedure shall be employed:
(1)
The applicant shall submit a sketch plan for the proposed site, including
the data required for a sketch plan and areas to be preserved, to
the Planning Board.
(2)
The Planning Board shall conduct an initial review and discussion with the applicant to determine whether the requested use of clustering appears appropriate and desirable for the site. The Planning Board may request other information it may need in order to determine if the goals listed in § 98-25B above and § 98-25C(8) below have been addressed and that there are benefits to the Town so that the Planning Board can determine if the plan fulfills the requirements for a clustered subdivision plan.
(3)
If the Planning Board determines that clustering may be appropriate, it shall direct the applicant to prepare a yield plan to determine the number of residential lots and/or dwelling units, as applicable, which can be obtained by subdividing a given parcel. A yield plan shall be prepared in accordance with zoning requirements and conventional lot layouts. Each residential lot, its building envelope and the entire subdivision layout must comply with all applicable laws and regulations affecting the use of land, including Town, county, state and federal laws and regulations, and all applicable road requirements, including but not limited to cul-de-sac length limit. The yield plan shall comply with the basic requirements for a preliminary plat under the Subdivision Regulations (Chapter 83), although the Planning Board may waive specific requirements if it deems that such items are not necessary for consideration of the site and for the determination of allowable density thereon. The Planning Board shall render a determination of the allowable density based on an acceptable yield plan. At this time, the applicant can also submit its sketch cluster plan for the Planning Board's initial review. This sketch cluster plan will also be used for the preliminary public information meeting, as discussed below.
(4)
Once the Planning Board has agreed that the conventional or yield
plan meets all pertinent requirements, then the Planning Board may
hold a preliminary public information meeting at which the applicant
will present both the conventional yield plan and the sketch cluster
plan and the public will have an opportunity to ask questions and
make comments. If a preliminary public information meeting is held,
the meeting should be noticed in a paper of general circulation 10
days prior to the meeting, and the Planning Board may require additional
notification. The Town Board and all residents within 500 feet of
the boundary of the cluster subdivision will be notified of the preliminary
public information meeting. Notification will be provided in accordance
with the same procedures used for preliminary subdivision approval.
(5)
Upon receipt of acceptable cluster and conventional or yield plans
as reviewed to determine conformance with the Town regulations, the
Planning Board shall begin SEQRA review with the lead agency establishing
process.
(6)
For the purpose of these cluster regulations, the terms "conventional
plan" and "yield plan" shall have the same meaning, and a conventional
plan found acceptable to the Planning Board shall serve as the yield
plan to determine the total number of lots which will be the basis
for the cluster or average density plan.
(7)
The Town Board will be an involved agency and will be notified at
this time of the alternative plans. The Planning Board would proceed
through the SEQRA process and issue a negative declaration or findings
statement.
(8)
Goals for preservation of open space.
(a)
The following goals, as identified in the Town of Chester Comprehensive
Plan, shall guide the preservation of open space within a clustered
development:
[1]
Preservation of steep slopes.
[2]
Preservation of ridgelines.
[3]
Protection or preservation of habitat for threatened or endangered
species or species of special concern.
[4]
Buffering and preservation of cemeteries, historic areas and
historic buildings.
[5]
Preservation or enhancement of scenic vistas, specimen trees,
tree lines and wooded groves, stone walls, etc., and to expand setbacks
from existing roads and developed properties to 100 feet or greater
where deemed appropriate.
[6]
Creation of recreation areas, trails or other open space, either
public or private.
[7]
Preservation of wetlands, drainage areas and floodplains.
[8]
Separation of development from active farmland.
[9]
Preservation of cultural resources.
[10]
Protection of significant agricultural lands and resources.
[11]
Protection of cultural landmarks and resources and their surrounding
visual context.
[12]
Protection of the rural appearance of Chester.
[13]
Preservation of natural assets such as streams, ponds, fields,
trees and critical habitat areas.
(b)
A portion of the required open space may be used for community
septic disposal systems, required stormwater management/erosion control
facilities, community water supply wells and/or for active or passive
recreation at the discretion of the Planning Board.
(c)
Clustered developments shall preserve at least 50% of a site's total acreage as restricted or usable open space. This area may include public or common recreational facilities and those areas cited in Subsection C(8)(b) above.
(d)
The Planning Board, in its judgment, shall have the right to reduce minimum lot area requirements for clustered developments in order to achieve increased open space preservation or benefits beyond those required or encouraged by Chapters 83 and 98 of the Town Code and the Town Comprehensive Plan. The benefits and goals of clustering can be found in § 98-25B(2) and C(8)(a). For lots reduced in area by greater than 25% below the required minimum lot area, the Planning Board may impose floor area ratios to prevent excessively large residences on smaller lots. In accordance with § 278(3)(b) of the Town Law, no additional residences may be created and allowed.
(9)
Bonus density allowed under the former § 98-25C still applies
to those projects where an application was submitted to the Planning
Board prior to May 2006.[2]
[2]
Editor's Note: See L.L. No. 3-2007, adopted 3-6-2007, on file
in the Town Clerk's office, for former § 98-25C, Bonus provisions
in the AR-3 District.
D.
Cluster design criteria. After the number of residential dwellings
or units in a yield plan has been agreed upon by the Town of Chester
Planning Board, the proposed building lots and the open space areas
must be identified and shown on a plan.
(1)
Open space areas would include primary conservation areas and/or
secondary conservation areas.
(a)
Primary conservation areas are areas that are prohibited by
existing law or other regulation from residential or other structural
development, e.g., water bodies, streams and floodplains, wetlands
and their adjacent areas, and areas that constitute significant barriers
to development, such as a slope of 25% or more.
(b)
Secondary conservation areas are areas that are not included as primary conservation areas but are deemed worthy of protection by the Planning Board. Such areas would include, but not be limited to, those listed in § 98-25C(8)(a). Secondary conservation areas may also include passive recreation areas and buffer areas of 50 feet to 100 feet separating development from water bodies, waterways and wetlands, unless such areas are otherwise required to be located in the primary conservation area.
(2)
The permissible number of lots determined by the Planning Board from
the acceptable yield plan shall be designed to accommodate the mapped
primary and secondary conservation areas to the maximum extent feasible.
Area to be developed shall be identified first, followed by access
road locations, with the lot line delineation as the last step.
(3)
Open space areas shall be designed to be visually accessible and,
if appropriate, physically accessible to as many lots within the subdivision
as practicable, as well as being visually accessible to the general
public. Open space areas shall be maintained in as large a contiguous
land area as possible. Open space areas in adjoining subdivisions
shall, if possible, be interconnected in order to maximize the habitat
value and integrity of the open space. Provision of limited pedestrian
access to open space areas may be encouraged within the cluster subdivision
unless such use is not compatible with the open space preservation
such as agricultural lands, historic resources or other resources
that may be adversely affected by such use.
(4)
Planning Board evaluation of layout; open space ownership and maintenance.
(a)
The Planning Board shall evaluate the proposed cluster subdivision
layout to determine whether the proposed subdivision:
[1]
Recognizes existing scenic views and vistas; preserves the existing
visual character of the site area. This includes protecting the visual
character and appearance of the site as viewed from existing public
roads, thereby protecting the Town's open rural streetscape. New construction
shall be sited to avoid visual prominence, where possible. Where new
construction will unavoidably be visually prominent in visually or
culturally sensitive areas, such structures shall be designed and
detailed in a manner that is consistent with the appropriate architectural
design vernacular. A buffer of at least 50 feet or more, not including
access roads, shall be established back from existing roads and lot
lines as part of an open space area, and where possible, existing
field hedgerows and stone walls shall be preserved.
[2]
Preserves active farm fields and open fields wherever possible,
particularly when associated with actual or potential agricultural
use or culturally or historically significant houses and agricultural
structures such as barns. Farm fields shall be preserved for continued
use where possible and appropriate.
[3]
Provides contiguous open space and/or avoids habitat fragmentation.
Open space resulting from the subdivision shall avoid fragmenting
habitat to the greatest extent possible, in keeping with the resources
identified for protection. Open space areas in contiguous subdivisions
shall connect where possible in order to maintain wildlife habitat
and corridors. Consideration shall be given to simple methods of maintaining
land cover types where deemed beneficial by the Planning Board for
visual, aesthetic, or habitat purposes. Maintenance measures shall
be identified and implemented.
[4]
Minimizes intrusion into wetlands, floodways and floodplains,
water bodies and steep slope areas of twenty-five-percent slope or
more. Although some intrusion may be necessary in order to obtain
road access to the site for building purposes, this should be kept
to a minimum. Any pedestrian access that is provided to primary and
secondary conservation areas shall also be designed to minimize impacts
on these resources.
[5]
If appropriate and if desired, provides for pedestrian access
to and/or within preserved open space areas for property owners within
the subdivision. Such access, if provided, does not imply a right
of access to the general public unless explicitly so provided.
[6]
If appropriate and as may be required by the Planning Board,
provides for pedestrian needs along the subdivision access road(s)
and street tree plantings located outside of the road right-of-way.
[7]
Otherwise achieves the goals set forth in § 98-25B(2) and § 98-25C(8)(a).
(b)
Open space ownership and maintenance.
[1]
As an integral part of the clustered development plan, the ownership
of any resulting open space area must be determined relative to its
intended function and the lot layout. Provisions shall be made to
ensure the proper management, maintenance and care of the open space
area. Its relationship to the lots, its purpose and habitat or other
function within the subdivision shall be considered in this regard,
including but not limited to periodic maintenance of septic systems
and stormwater/erosion control facilities located in open space areas.
If the Board determines that it is visually or culturally important
for land to be preserved in field or meadow vegetation, then some
minimum level of maintenance needed to preserve the ground cover shall
be provided. The open space easement area shall be planned with the
objective of minimizing maintenance requirements using suitable native
landscape elements. The owner(s) of the open space area(s) shall be
responsible for all expenses of maintenance and care.
[2]
All lands designed and designated for open space or other purposes
of this section that are not accepted for dedication in fee by the
Town shall be owned in fee by individual lot owners, a duly established
homeowners' association or land trust or conservation organization
approved by the Town Board. If a homeowners' association is formed,
it shall be mandatory for all lot owners to be members of the association.
Adequate provision shall be made to ensure that such common open space
or other areas remain dedicated to their approved use, cannot be further
subdivided, are adequately maintained and cannot be abandoned for
tax or other reasons by the owner(s). A restrictive covenant shall
be placed on all land and must recite all deed restrictions which
shall run in favor of the Town of Chester as well as the HOA, land
trust or homeowners and shall be approved as to form and content by
the Town Attorney and filed with the Orange County Clerk prior to
the issuance of a building permit.
[3]
Such open areas shall not be improved or used except as shown
on the approved subdivision plan.
[4]
The approved plan shall be filed in the Orange County Clerk's
office and shall contain reference to recorded declarations setting
forth all covenants and restrictions limiting the use of the property
and providing for continuing and proper maintenance of the property,
as well as any limitations or requirements imposed on the property
as conditions of authorization and approval of the clustered development
plan.
[5]
A clustered subdivision plan shall show the location and dimensions
of building envelopes for the clustered residential lots, showing
structural and nonstructural uses, including any open space easements.
All applicable setback requirements for houses and accessory structures
that are proposed to apply to the resulting clustered lots shall be
shown. Locations of wells and septic systems, if applicable, shall
be shown, along with driveway and other accessway locations.
E.
A cluster development containing a homeowners' association (HOA)
shall be organized as follows:
(1)
The Planning Board, in consultation with its attorney, shall review
and approve, or approve with modifications, the certificates of incorporation
and bylaws of said HOA and to require whatever conditions are deemed
necessary to ensure that the intent and purpose of this chapter are
carried out. In the considering of said approval, the Planning Board
shall, in part, require the cluster development to meet the following
conditions:
(a)
The HOA shall be established as a not-for-profit corporation
operating under recorded covenants through which each lot owner and
any succeeding owner is automatically a member and each lot is automatically
subject to a charge for a proportionate share of the expenses of the
organization's activities. Said proportion of the expenses shall be
determined by the tax assessment on each owner's property.
(b)
Title to all common areas, exclusive of land set aside for public
schools, shall be placed in the HOA or definite and acceptable assurance
shall be given that it automatically will be so placed within a reasonable
period of time to be determined by the Planning Board.
(c)
Each lot owner shall have equal voting rights in the HOA and
shall have the right to the use and enjoyment of the common areas.
(d)
Once established, all responsibility for operation and maintenance
of the common areas and facilities shall lie with the HOA.
(e)
Dedication of all common areas to the HOA shall be recorded
directly on the subdivision plat or by reference on the plat to a
dedication in a separately recorded document. Resubdivision of such
areas is prohibited. The dedication shall:
[1]
Grant the title to the common areas to the HOA free of any cloud
of implied public dedication.
[2]
Commit the applicant to convey the common areas to the HOA at
the approved time to be determined by the Planning Board.
[3]
Grant easements of enjoyment over the common areas to the lot
owners.
[4]
Give to the HOA the right to borrow for improvements upon the
security of the common areas.
[5]
Give to the HOA the right to suspend membership rights for nonpayment
of assessments or infraction of published rules.
(f)
Covenants shall be established and filed of record, limiting
all lots to residential use and all common lands to open space uses
prior to conveyance of any lots. No buildings or structures may be
erected on such common lands except as shown on the approved plat.
(g)
Each deed to each lot sold shall include by reference all recorded
declarations, such as covenants, dedications and other restrictions,
including assessments and the provision for liens for nonpayment of
such.
(h)
The HOA shall be perpetual; shall purchase insurance; pay taxes;
specify in its certificate of incorporation an annual homeowner's
fee, provision for assessments and establish that all such charges
become a lien on each property in favor of said association. The HOA
shall have the right to proceed in accordance with all necessary legal
action for the foreclosure and enforcement of liens, and it shall
also have the right to commence action against any member for the
collection of any unpaid assessment in any court of competent jurisdiction.
(i)
The applicant shall assume all responsibilities as previously
outlined for the HOA until a majority of the dwelling sites are sold,
at which time the HOA shall be automatically established.
(j)
Prior to subdivision or site plan approval or the signing of
the plans by the Planning Board Chair, the applicant shall file with
the Town Board a performance bond to ensure the proper installation
of all public recreation and park improvements shown on the site plan
and a maintenance bond to ensure the proper maintenance of all common
lands until the HOA is established. The amount and period of said
bonds shall be determined by the Planning Board, and the form, sufficiency,
manner of execution and surety shall be approved by the Town Attorney
and the Town Board. In lieu of bonds, the Planning Board may require
completion of said facilities prior to completion of a certain percentage
of the dwellings in the project.
(k)
Conservation, recreation, utility or access easements required
by the Planning Board or the Town Board shall be shown on an approved
plan and also filed in the office of the Orange County Clerk as a
deed restriction in a form approved by the Town Board or Planning
Board.
F.
Role of the Town Board. The Town Board hereby gives authority to
the Planning Board to approve cluster developments in the Town of
Chester in accordance with § 278 of New York State Town
Law. The Town Board, however, retains the right to make decisions
and give approvals on the following items, which shall be referred
to the Town Board following preliminary plat approval:
(1)
The Planning Board shall inform the Town Board of any Town Board
actions required to accomplish the clustered development plan. This
would include its future dedication of parkland to the Town or acceptance
and review of conservation easements for which the town would be named
as a holder of said easement.
(2)
The Town Board may be required to make determinations on limitations
regarding the ownership and/or use of the open space land resulting
from the clustered development, so that the land shall not become
a public burden or nuisance.
(3)
A drainage district could be formed by the Town Board, if deemed
necessary.
(4)
Other public districts as may be required based on proposed plans.
A.
Purpose and policy. Topography in the Town includes
dramatic ridgeline elevations running in a generally northeast to
southwest direction. These elevations afford sweeping views of the
surrounding countryside, and are in turn prominently visible from
many other locations, forming the scenic backdrop that is an important
visual element in the Town. Much of the more highly developed land
in the Town has been concentrated in valleys, as the higher elevations
are rocky and steeply sloped, being difficult to build and access,
so that these ridges are sparsely developed and heavily wooded. Although
many of these lands are either publicly owned or owned in a manner
which preempts structural land uses, not all are so protected. Therefore,
the Town has enacted the following regulations in order to protect
these important visual and aesthetic resources in the Town.
B.
Applicability. All lands so designated on the Zoning
Map within the AR-.3, SR-1 and SR-2 Districts shall be incorporated
within the Ridge Preservation Overlay District.
C.
Restrictions and procedures.
(1)
Any new structure within the Ridge Preservation Overlay
District for which a building permit is required shall be located
to the maximum practical extent so as not to be visible from any point
on Pine Hill Road, Bull Mill Road, Black Meadow Road or on a state,
county or interstate highway, and if such structures cannot be completely
obscured they shall be made to blend as unobtrusively as possible
into the hillside to avoid breaking the natural ridgeline.
[Amended 12-6-2005 by L.L. No. 5-2005]
(a)
The Building Inspector shall have the power
to approve building permit applications for such structures pursuant
to this chapter if such use has not already been reviewed and approved
by the Planning Board. The Building Inspector will also have the power
to refer the application to the Planning Board for further analysis
if he so deems necessary.
(b)
The power to approve the location and dimensional
attributes of structures during the subdivision process in the RPOD
is given to the Planning Board. The Planning Board shall require a
visual impact assessment to evaluate the potential visual impacts
of the new structures and to minimize the removal of trees and vegetation
in accordance with these regulations and the Subdivision Regulations.[1] The visual impact assessment shall include a photographic
study taken from designated vantage points or areas along Pine Hill
Road, Bull Mill Road, Black Meadow Road or state, county or interstate
highways, with the location of the proposed clearing, new structures
and its site indicated thereon. The Planning Board may waive any requirements
of the Code, including the public hearing requirement, when it determines
that such requirements are not relevant to the review of the new structure
where the Planning Board determines that the new structure will not
be visible from any point along a state, county or interstate highway.
(2)
Any proposal for construction within the Overlay District
shall include a survey showing the topography of the parcel and indicating
the current areas of vegetative cover of type. Such plot plan shall
indicate the proposed location and elevation of the structure, all
structural and nonstructural accessories thereto, and proposed grading
and vegetation clearing. Said application shall also include an architectural
rendering of the proposed structure, indicating the size and shape
of the house, its siding color and material, window locations, size
and type and roofing color.
(3)
Any subdivision showing a potential structure within
the RPOD shall have a note referencing this section of the Code or
a note indicating detailed plans and restrictions for specific structures
for specific lots that have been approved during the subdivision process
along with the restrictions imposed.
D.
In reviewing the visibility and compatibility of proposed
structures and lot development, the Planning Board shall consider:
(1)
The building design.
(2)
The location of the building and nonstructural accessories,
and any tree clearing required to locate the same. To the greatest
extent practicable, tree clearing performed in order to accommodate
such construction shall be minimized and carried out so as to avoid
creating a larger or significant discontinuity in the surrounding
vegetation cover, particularly avoiding situations where a tree line
at the peak of a ridge is interrupted so that the backdrop of sky
protrudes through such opening. Structures shall be located at lower
elevations in order to avoid piercing the ridgeline.
(3)
The building color and visibility/reflectivity of
broad expanses of window and/or skylight glass. Structures should
be finished with earth-tone or neutral colors in order to blend in
with the tree cover and should employ nonreflective glass in order
to reduce its prominence.
(4)
The planting of appropriate native deciduous and/or
evergreen vegetation to screen the structure or its accessories.
A.
Purpose. The areas of the Town of Chester which are
subject to periodic inundation and ponding, as delineated on the Zoning
Map, are designated as floodplain and ponding area subdistricts within
the 10 principal districts for the purposes of protecting human life,
preventing material losses and reducing the cost to the public of
rescue and relief efforts occasioned by the unwise occupancy of areas
subject to floods and ponding.
B.
Permitted uses. In the FP Floodplain and Ponding Area
Environmental Subdistrict, no structure shall be erected, constructed,
reconstructed, altered or moved except as listed below:
C.
Exceptions.
(1)
Notwithstanding the above, the Planning Board, upon
finding that an area in an FP District described by an application
submitted by an owner or his agent is safe from flooding or ponding,
may permit such area to be used in accordance with the regulations,
including use, area, bulk and height, specified for the principal
district. An applicant applying for such permission shall produce
sufficient evidence that the area covered by the application is now
actually safe from flooding or ponding. Such evidence shall include
an indication that means of vehicular access to the premises from
an existing street is safe from flooding and may include engineering
surveys and reports. Evidence shall also be submitted that sewage
disposal, water supply and surface drainage are adequate to serve
the intended use.
(2)
Fill and basement or first-floor elevations shall
be approved by the Town Engineer.
(3)
All development plans for lands located within the
Floodplain Subdistrict shall be reviewed by the United States Soil
Conservation Service, the Town Engineer and the Orange County Planning
Department.
D.
Data necessary for plat approval of lands in the Floodplain
Subdistrict:
(1)
Topography, using contours at vertical intervals of
not more than two feet to an elevation 10 feet above the Floodplain
Subdistrict boundary line. All elevations must be based on United
States Geological Survey Datum.
(2)
Finished basement or first-floor elevations for all
buildings or uses proposed to be located in the FP Subdistrict.
An Architectural Review Board is hereby created
for the following purposes: to ensure that the distinctive and historical
character of the Architectural Design District shall not be injuriously
affected, that the value to the community of those buildings having
architectural worth shall not be impaired, that said Architectural
Design District be maintained and preserved to promote its use for
the education, pleasure and welfare of the citizens of the Town of
Chester and others; and in all districts to promote architectural
beauty and harmony of building design, prevent the monotony of residential
housing in rows of buildings which are identical and unduly similar
in design or location in relation to streets, and prevent buildings
from being improperly designed and located in relation to land contours,
lot lines and street lines.
A.
The Planning Board of the Town of Chester shall act
as the Architectural Review Board for the purposes of this chapter.
The Architectural Review Board shall review plans and specifications
for buildings and alterations as follows:
B.
Architectural Design District. That area designated
LB-SL on the Zoning Map of the Town of Chester is hereby established
as the Architectural Design District.
C.
(Reserved)
D.
It shall be the duty of the Architectural Review Board
to exercise aesthetic judgment and maintain the desirable character
of the LB-SL District and prevent construction, reconstruction, alteration
or demolition out of harmony with existing buildings insofar as style,
materials, color, line and detail are concerned and thus to prevent
degeneration of property, safeguard public health, prevent fire, promote
safety and preserve the beauty and character of the district.
E.
In addition to the aforementioned powers, the Architectural
Review Board shall have the power to:
(1)
Retain or employ professional consultants, secretaries,
clerks or other such personnel as may be necessary to assist the Review
Board in carrying out its duties.
(2)
Conduct surveys of buildings for the purpose of determining
those of historic and/or architectural significance and pertinent
facts about them.
(3)
Formulate recommendations concerning the preparation
of maps, brochures and historical markers for selected historic and/or
architectural sites and buildings.
(4)
Cooperate with and advise the governing body and other
municipal agencies in matters involving historic and/or architectural
sites and buildings.
(5)
Advise owners of historic buildings on problems of
preservation and restoration.
F.
The Board may, in exercising or performing its powers,
duties or functions under this chapter with respect to any improvement,
apply or impose, with respect to the construction, reconstruction,
alteration, demolition or use of such improvement, determinations
or conditions which are more restrictive than those prescribed or
made by or pursuant to other provisions of law applicable to such
activities, work or use.
G.
Regulated conduct.
(1)
Application within the LB-SL District. This chapter
shall apply to all buildings, structures, outbuildings, walks, fences,
steps, topographical features, earthworks, paving and signs. No changes
in any exterior architectural feature, including but not limited to
construction, reconstruction, alteration, restoration, removal, demolition
or painting, shall be made except as hereinafter provided.
(2)
Exceptions.
(a)
Nothing contained in this chapter shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature which does not involve a change in design, material, color
or the outward appearance thereof.
(b)
Nothing in this chapter shall be construed to
prevent the construction, reconstruction, alteration or demolition
of any exterior architectural feature which the Building Inspector
shall determine is required by public safety because of dangerous
or unsafe conditions.
(c)
Nothing contained in this chapter shall be construed
to prevent, without additional approvals, minor modifications to previously
approved signs which include primarily changes in names of businesses,
providing such changes are in the same scale, lettering type and color
as that previously approved.
H.
Procedure.
(1)
Notwithstanding any inconsistent ordinance, local
law, code, rule or regulation concerning the issuance of building
permits, no change in any exterior architectural feature in the district
shall be commenced without a certificate of approval from the Architectural
Review Board, nor shall any building permits for such change be issued
without such a certificate of approval having first been issued. The
certificate of approval required by this subsection shall be in addition
to and not in lieu of any building permit that may be required by
any ordinance, local law, code, rule or regulation of the Town of
Chester.
(2)
Application for a certificate of approval shall be
made in writing, in duplicate, upon forms prescribed by the Architectural
Review Board, to the Board and shall contain the following:
(a)
Name, address and telephone number of applicant.
(b)
Location of building, structure or land the
exterior architectural features of which are proposed to be changed.
(c)
Elevations of proposed change.
(d)
Perspective drawing.
(e)
Samples of color or materials to be used in
the proposed change.
(f)
Where a proposed change includes a new, not previously approved sign or lettering, or modifications to the same except as specified in § 98-28G(2)(c), a scale drawing showing the type of lettering, all dimensions and colors; a description of the materials to be used and the method of illumination, if any; and a plan showing the location on the building or property.
I.
Issuance of certificate. Within a reasonable time
after application is filed, not to exceed 62 days after such filing,
or within such further time as the applicant may in writing allow,
the Architectural Review Board shall determine whether the proposed
construction, reconstruction or alteration of the exterior architectural
feature involved will be appropriate to the preservation of the district
for the purposes or this chapter and whether, notwithstanding that
it may be inappropriate owing to conditions especially affecting the
structure involved but not affecting the district generally, failure
to issue a certificate of appropriateness will involve a substantial
hardship to the applicant and whether such a certificate may be issued
without substantial detriment to the public welfare and without substantial
deviation from the intent and purposes of this chapter. In passing
upon appropriateness, the Review Board shall consider, in addition
to any other pertinent factors, the historical and architectural value
and significance, architectural style, general design, arrangement,
texture, material and color of the exterior architectural feature
involved and the relationship thereof to the exterior architectural
features of other structures in the immediate neighborhood.
J.
Uniformity of design. In order to avoid monotony of
architectural design, no building permit shall be issued for the erection
of a dwelling located within an approved major subdivision plat if
it is substantially like any neighboring building which is existing
or for which a building permit is being concurrently considered.
(1)
A building shall be considered neighboring if it fronts
on the same street as the building being considered and is the first
or second house along the street in either direction or faces the
building site being considered from across the street.
(2)
In considering those items listed in Subsection J(3) below, buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be alike in related location of such elements.
(3)
Buildings shall be considered substantially alike
unless they differ in at least three of the following respects or
dimensions:
(a)
Setback from the street.
(b)
Relation of a garage visible from the street
to the principal building.
(c)
Gables extended from the main roof visible from
the street.
(d)
A major difference in facing or finishing for
the front elevation, such as brick, stone, cedar shakes, aluminum
siding, etc.
(e)
The addition of dormer windows, all visible
from the street.
K.
In all cases of uses requiring approval by the Architectural
Review Board which are outside the Architectural Design District,
approval by said Board shall be granted at the time of final subdivision
approval, site plan approval or prior to the issuance of a building
permit. Application for approval shall be made concurrently with application
for the above approvals.
[Added 6-22-2022 by L.L. No. 1-2022]
B.
Purpose and legislative intent. Due to the increase in tourism over
the past years in the Town of Chester and adjacent local areas, there
has been an increase in the number of property owners renting to tourists
on a short-term basis. Many property owners in the Town of Chester
list their properties as short-term rentals on web-based booking sites
such as Airbnb or VRBO. These short-term rentals offer many benefits
to property owners and residents in the Town of Chester, but also
have the potential to create health, safety and quality of life detriments
to the community. Accordingly, the purpose and legislative intent
of this section is to regulate the use and safety of these short-term
rentals so as to further secure and promote the public health, comfort,
welfare, safety and peace for residents of the Town of Chester.
C.
Authority. This section is adopted pursuant to Article 16 of the
New York State Town Law, which expressly grants the Town Board of
the Town of Chester authority to adopt local laws for the purposes
of promoting the health, safety and welfare of the Town of Chester
and its residents. This section is further adopted pursuant to New
York Municipal Home Rule Law Article 2, § 10, which grants
the Town Board of the Town of Chester the power to protect and enhance
the physical environment of the Town of Chester.
D.
Definitions.
(1)
All of the terminology and definitions contained in this chapter
which relate to the nature of sound and the mechanical detection and
recordation of sound are in conformance with the terminology of the
American National Standards Institute or its successor body.
(2)
OWNER-OCCUPIED PROPERTY
RESIDENT AGENT
SHORT-TERM RENTAL
SHORT-TERM RENTAL PERMIT
SHORT-TERM RENTAL PROPERTY
As used in this chapter, the following terms shall have the
meanings indicated:
Property which the record owner maintains as his or her domicile.
An authorized representative of a property owner or landlord
who resides within the designated boundaries of Orange County as defined
at the time of the issuance of the permit and all subsequent permit
renewals and who shall be contacted for emergencies or other matters
that may arise at the short-term rental property. A resident agent
must be an individual, not a corporation, limited-liability company
or similar entity.
Offering any residential dwelling, or space therein, to persons
in exchange for a fee or compensation, whether monetary or otherwise,
for a period of less than 30 days, including, but not limited to,
rentals provided by such companies as Airbnb and VRBO. Excluded from
this definition are month-to-month tenancies, bed-and-breakfasts,
and hotels and inns which have valid and approved site plans from
the Town of Chester Planning Board.
A permit granted by the Town Building Department for each
use of property for short-term rentals.
Any real property which is offered and/or rented for short-term.
E.
Regulation of short-term rental properties.
(1)
Short-term rentals shall only be permitted in the SR-1, SR-2,
LB-SL, and AR-3 residential zones within the Town.
(2)
Previously existing short-term rentals. A short-term rental
which was in existence and being operated in any other zones prior
to the adoption of this chapter shall be permitted to continue to
operate under the following conditions:
(a)
The short-term rental in question possesses a single-family
dwelling or legal owner-occupied two-family dwelling;
(b)
The short-term rental in question meets all other criteria provided
for in this chapter;
(c)
The short-term rental was in existence as of the date of adoption
of this chapter;
(d)
The short-term rental shall be registered with the Town of Chester
Building Department within 30 days of the effective date of adoption
of this chapter.
(3)
Only single-family and legal, owner-occupied two-family dwellings
or a mixed-use structure with a valid certificate of occupancy may
be used as a short-term rental property.
(4)
Orange County hotel and motel occupancy tax. All short-term
rentals shall comply with the Orange County hotel and motel occupancy
tax (Local Law No. 13 of 2009). An operator of a hotel or motel may
be responsible for the collection of tax on occupancy of hotel or
motel room rentals. Included in the definition of "hotel/motel rooms"
are short-term and/or vacation rentals and properties typically listed
on sites such as Airbnb and VRBO.
(5)
In the event that a property being used as a short-term rental
is located in a development that has an HOA (homeowners' association),
written consent from the established HOA must be submitted with the
permit application.
(6)
All short-term rental properties must be registered with the
Town of Chester Building Department within 30 days of the effective
date of this article and/or prior to the premises being used as a
short-term rental. It shall be the responsibility of the property
owner to register any short-term rental property as required by this
chapter. Failure to do so shall constitute a violation of these regulations
and is subject to the penalties set forth herein.
(7)
Clear signage is required to be posted within the short-term
rental property to ensure the tenants, guests and invitees understand
the local ordinances, occupancy limits, parking and garbage rules
and have the number of the local contact.
(8)
The property owner is required to maintain a guest registry
with contact information which is to be made available to the Town
if/when requested.
(9)
No additional parking spaces may be added or constructed between
the primary residential structure and the street without prior written
approval from the Building Inspector.
(10)
No advertising or signage is permitted on the property of a
short-term rental.
(11)
Large gatherings, including, but not limited to, special events
and weddings, are prohibited without the issuance of a special use
permit from the Building Department. Large gatherings shall be defined
as 20 or more people assembling at any given time.
(12)
The following terms and conditions shall apply to all short-term
rentals:
(a)
No illegal conduct shall be carried on at the short-term rental
property by the property owner, rental tenants, guests or invitees.
(b)
A tenant of the short-term rental is prohibited from subleasing
or other licensing the use or occupancy of any portion of the short-term
rental property.
(c)
The property owner and/or resident agent shall make all tenants
aware of the Town's noise ordinance. Any conduct in conflict
with this ordinance or which is unreasonable under the circumstances
and which disturbs the health, safety, peace, or comfort of the neighborhood
or which creates a public nuisance is prohibited.
(d)
Compliance with all maximum occupancy requirements and restrictions
contained in the New York State Building and Fire Code is required
and shall be strictly enforced.
(e)
All garbage, rubbish and/or recyclables shall be stored and
placed by the curb on designated removal days consistent with the
Town Code and shall not be left stored in public view unless contained
within proper containers.
(f)
No trailers, recreational vehicles, campers, caravans or motor
homes are permitted to be used as a short-term rental on real property
consisting of less than 20 acres. In the event that a trailer, recreational
vehicle, camper, caravan or motor home is situate on property exceeding
20 acres and the property owner desires that the same be used as a
short-term rental, the property owner is required to submit a request
for site plan approval from the Planning Board.
(g)
The Building Inspector has the right to determine if and when
the property would require fencing or privacy landscaping.
F.
Registration of short-term rental properties.
(1)
It shall be a violation of this chapter to offer or engage in
short-term rentals unless the rental property has been registered
with, and a rental permit is obtained from, the Town of Chester Building
Department as provided in this section within 30 days of the effective
date of this chapter.
(2)
The registration of short-term rental property shall be accomplished
by submitting a completed registration application on a form promulgated
by the Town Building Department in accordance with the provisions
of this section. Such form shall contain a minimum of the following
information:
(a)
The name, address, telephone number and email address of the
record owner of the property and any designated resident agency they
may designate;
(b)
The street address and Tax Map number of the rental property;
(c)
The total number of bedrooms in the rental property;
(d)
Applicable overnight and daytime occupancy limit of the short-term
rental;
(e)
If the short-term rental property is not served by municipal
water and sewer, proof shall be provided that the on-site utilities
have been properly maintained and are in conformance with all applicable
standards; and
(f)
The permit application shall be accompanied by proof of liability
insurance for the property with policy limits no less than $1,000,000
per occurrence.
(3)
Upon submission of an application for a short-term rental permit,
the property owner shall contact the Building Inspector to schedule
an inspection and pay to the Town a permit fee, as prescribed in the
Town's schedule of fees. The Building Inspector shall then conduct
an inspection of the short-term rental property to determine whether
it complies with the Town Code and all applicable New York State laws,
rules, regulations, codes and ordinances, and to verify the occupancy
limits of the structure.
(4)
Upon completion of an inspection of the short-term rental property
and ascertaining that the property meets the Town Code's requirements,
the Building Inspector shall issue a registration for the property
as a short-term rental and the property will then be eligible to apply
for a short-term rental permit.
(5)
Registration for short-term rentals shall remain in effect as
long as there is no change in the record owner of the short-term rental
property. Upon a change in ownership, the new owners of the short-term
rental property shall be required to once again register it before
offering it for short-term rentals.
(6)
In the event that the Building Inspector denies an application
to register short-term rental property, the property owner may appeal
the denial to the Town Board within 30 days of issuance of notice
of the denial to the property owner.
(7)
Short-term rental registration may not be transferred to any
other person or property or used by anyone other than the person and
property to whom it was issued.
(8)
In the event that there is any change in the information provided
by a property owner in his application for a short-term rental registration,
he/she shall advise the Town Building Department, in writing, of such
change no later than 48 hours after such occurrence. Failure to advise
the Building Department of a change in the information provided by
the property owner in his application shall constitute a violation
of this chapter.
G.
Short-term rental permits.
(1)
Official notification for each instance a short-term rental
property is rented must be made to the Town of Chester no less than
24 hours prior, and no more than 30 days prior, to each use of the
short-term rental property as a short-term rental. Notification may
be made via the Town's website on designated forms or can be
made in person simultaneously with applications to register short-term
rental property on a form promulgated by the Town of Chester Building
Department.
(2)
The Building Inspector may deny an application for a short-term
rental permit if the application is incomplete or the property otherwise
fails to meet the criteria for grant of a short-term rental permit.
(3)
Short-term rental permits and inspections must be renewed every
year.
H.
Suspension or revocation of short-term rental rights.
(1)
It is the responsibility of the property owner to comply with
all terms and provisions of this article and to ensure that short-term
rental tenants, guests and invitees comply with this article and the
terms and conditions of the rental permit. Any failure of rental tenants,
guests and invitees to comply with this article and the terms and
conditions of the short-term rental permit shall be attributed to
the failure of the property owner to discharge his or her responsibility
to ensure such compliance.
(2)
Upon receipt of a complaint or upon his/her own initiative,
the Building Inspector may investigate any property for failure to
comply with the terms of this article.
(3)
If, upon investigation, the Building Inspector determines that
a violation of this chapter and/or of the terms and conditions of
a short-term rental permit has occurred on the rental property, he/she
shall issue a written notice of the violation of the property owner
and shall provide a copy of the same to the Town Board.
(4)
The Building Inspector may also issue a notice of suspension
if it is determined any of the information contained within the permit
application is false or if the short-term rental property is found
at any time to be in violation of the NYS Building Code or other aspect
of the Town Code.
(5)
Revocation and suspension notices shall be in writing, shall
identify the property, shall specify the violation or remedial action
to be taken, and shall provide that said violation must be corrected
within 10 days from the receipt of said violations unless otherwise
extended by the Building Inspector. The property owner or resident
agent shall take the remedial action prescribed or may file a written
notice of appeal received by hand delivery or certified mail by the
end of the identified period of remediation. The revocation or suspension
of the short-term rental shall be stayed pending either a decision
on the appeal by the Town Board or a finding by the Building Inspector
that the remedial action is acceptable to correct the violation.
(6)
If more than two violation notices are issued in any twelve-month
period, the property owner or registered agent will be suspended from
receiving a permit for short-term rental for six months. There will
be no deduction or refund of fees.
(7)
If the property owner and/or agent continues to operate while
under suspension, the Building Inspector has the right to automatically
revoke the short-term rental permit and issue an appearance ticket.
I.
Fees for registration and issuance of permits. The Town Board shall
set such application and permit fees as it may find appropriate for
short-term rentals by resolution, and such fees shall be listed in
the Town's Schedule of Fees.
J.
Penalties for offenses.
(1)
Violations of this article will constitute a municipal violation
and will be subject to applicable penalties under this article. The
penalties for violation of this chapter shall be in addition to any
penalties imposed for violations of other provisions of the Town Code
and NYS Uniform Fire Prevention, Building Code and Energy Conservation
Code.
(2)
Conviction of violation of the provisions of this article shall
be punishable by fine of not more than $500 per violation and $750
per day for subsequent offenses.
(3)
The imposition of penalties herein prescribed shall not preclude
the Town or any person from instituting appropriate legal action or
proceeding to prevent unlawful short-term rental of a property in
violation of this article, including, without limitation, civil actions
for injunctive relief to immediately terminate any existing short-term
rental occupancy of buildings, land or premises.
