Town of Chester Zoning Ordinance

The purpose of this Article is to allow the proper integration of commercial and industrial uses and other uses into the community which are listed in Article 4 or Article 7 of this Local Law, and those uses which are granted a use variance, which may be suitable subject to certain conditions and at appropriate locations. The objective is to evaluate proposed land uses that may cause a conflict between existing and proposed uses or be in conflict with natural site conditions, with particular reference to the arrangement, layout and design of the proposed use of a single parcel of land as shown on a site plan. Because of their characteristics, or the special characteristics of the area, these uses require special consideration so that they may be properly located and planned with respect to:

E. The ability of the Town Of Chester to accommodate the growth resulting from the proposed use without undue adverse effect on the Town, its citizens and taxpayers, and the protection of the health safety, welfare and aesthetics of the Town and its citizens.

A. In accordance with Section 274-a of the Town Law, the Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in this Local Law and in rules and regulations of the Planning Board, showing the arrangement, layout and design of the proposed use of the land shown on such plan, including but not limited to land use activities designated as Class B Regional Projects by the Adirondack Park Agency Act. Planning Board decision shall consist of the approved site plan initialed by a designated representative of the Planning Board, and site plan approval setting forth the findings and conditions required by this section.

B. The Planning Board is further authorized to, when reasonable, waive any site plan review applicationrequirements as are determined to be inappropriate to a particular site plan in light of the particular setting for the proposed activity and the Town objectives set forth in thiscode.

C. The provisions of this Local Law in Sections 6.01; 6.02; 6.03; 6.04, shall not be waived by the Planning Board.

A. All land use or development specified for site plan review in Article 4 or Article 7 shall require site plan review and approval before being undertaken, except the following activities, which shall be exempt from such review and approval:

1. Landscaping or grading which is not to be used in connection with a land use reviewable under the provisions of this Section.

2. Ordinary repair or maintenance or interior alterations to existing structures or uses.

3. Exterior alterations or additions to existing or permitted residential and accessory structures which would, as of the date of the adoption of this Local Law, increase the square footage by less than 50%.

A. General. The concept plan conference is optional within the discretion of the applicant. The purpose of the conference is to encourage the applicant to consult early and informally with the Planning Board in order to facilitate necessary procedure and to make the most of opportunities for discussion and desirable development.

B. Requirements. In the event that a concept conference is requested by the applicant, a concept plan shall be prepared and submitted to the Planning Board. The Concept Plan shall include in as much detail as possible the development proposed, together with the following information:

1. Applicant's entire holdings under consideration for development and any adjacent parcels owned by applicant.

2. Existing natural features such as water bodies, watercourses, wetlands, wooded areas, flood hazard areas.

7. Description of all existing deed restrictions or covenants applying to the property.

A. General. Application for site plan review, accompanied by the appropriate fee therefore, shall be made to the Planning Board using forms approved by the Board. Applications shall include forms approved by the Board to make its findings under Section 12.04 of this Local Law. In determining the content of these application forms, the Planning Board may require different information for different types or scales of projects. By submitting an application, an applicant is deemed to have consented to the Board and its agents conducting investigations on the project site, at reasonable times and with advance notice where possible, to verify information contained in the application and to determine compliance with the terms and conditions of any permit issued, such consent to continue until thirty (30) days after completion of the project.

B. Project Narrative. Generally, the following information shall be a required minimum, together with any information required as a result of the Project Plan Conference:

3. an analysis and supporting data of any benefits that might be derived from the project.

C. Requirements for Site Planand Supporting Documents. Not later than the Application Date, which is the date set by the Planning Board as the deadline for submission of applications to the Board, which shall be clearly stated on all application forms and which shall not be less than ten (10) days prior to the date of the Board meeting at which the application is to be considered, at least three (3) copies of the site plan and an application for project approval shall be submitted to the Zoning Administrator. The site plan shall show, unless any or all is waived by the Planning Board, the following:

(i) Name and address of applicant and authorization of owner, if different from applicant.

(v) Current zoning classification of property, including exact zoning boundary if project site is located in more than one district.

(vi) Property boundary line plotted to scale. Distances, angles and area should be shown.

(viii) Locations, widths, elevations and names of existing and proposed adjacent streets.

(x) Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within and adjoining the property.

(xi) Description of all existing deed restrictions or covenants applying to the property

(xii) The identification of any state or county permits required for execution of the project.

(xiii) Other requirements which the Planning Board deems necessary including but not limited to a licensed survey.

(i) Geological features, such as depth to bedrock and the location of rock outcrops.

(ii) Topographic features, including a map showing existing slope at two feet contour intervals in areas where construction, land clearance or other development activity is proposed.

(iii) Vegetative cover, including existing wooded areas, significant isolated trees (24" DBH or more) and similar features.

(iv) Soil characteristics, such as development suitability and drainage capacity.

(v) Hydrologic features, including drainage and runoff patterns, flood hazard areas, Adirondack Park Agency identifiedwetlands, and depth to ground water.

(vi) Location and dimensions of major buildings and structures and their use, including a specific notation of structures of fifty (50) years or older.

(viii) Location, size and flow directions of sewers, water supply lines and culverts. Major electric, gas and telephone lines and appurtenances should also be shown.

(ix) Location of other existing development and uses, including parking and loading areas, fences, trees and landscaping.

(i) Grading and drainage plan showing proposed topography at appropriate contour intervals. This information shall be combined with the map of existing topography.

(ii) Location, proposed height and use of buildings and other structures, such as retaining walls, fences, outdoor storage tanks, air conditioning units and waste disposal units.

(iii) Location, proposed use, design and construction materials of improvements not requiring structures such as parking, loading and outdoor storage areas.

(iv) Location and arrangement of site access and egress including all paths for pedestrian and vehicular travel within the site. Information should include profiles and cross sections of roadways and sidewalks showing grades, widths and location and size of utility lines.

(v) Location and size of water lines and appurtenances. Any means of water supply or sewage disposal other than extensions of existing systems should be described, including location, design and construction materials.

(vi) Location, design, and construction materials of all energy distribution facilities, including electric, gas and solar energy.

(viii) Including areas of natural vegetation to remain, the treatment of buffer areas and the location and type of trees to be planted.

(xi) Performance bond, or other security, amount, completion schedule, public improvements covered, inspection and security approval if required.

(xii) Any other requirements which the Planning Board might deem necessary, including but not limited to a licensed survey.

NOTE: All plans shall be at a scale of one Inch equal forty feet (1" = 40') or larger (e.g., 1" =30') scale showing the proposed development and its immediate environs. When development is proposed for larger lots, those areas left undeveloped may be shown on a site location map at a reducedscale and level of detail.

Section 5.06 Procedure.

A. Application Deadline. Applications for site plan review must be received by the Application Date in order to be reviewed at the next scheduled Planning Board meeting. The Application Date is the date set by the Planning Board as the deadline for submission of applications to the Board, which shall be clearly stated on all application forms and which shall not be less than ten (10) days prior to the date of the Board meeting at which the application is to be considered.

B. Application to Zoning Administrator. After receipt of a completed project application listed as "Site plan review" as designated in Section 5.05 herein, the Zoning Administrator shall notify the Planning Board. The Planning Board shall determine its completeness at its next scheduled meeting and the Zoning Administrator shall notify the Adirondack Park Agency of such receipt, as required, shall furnish each body a copy of the project application, and shall furnish the Adirondack Park Agency such pertinent information as that Agency may deem necessary and shall afford each body the opportunity for comment.

C. Application for Area Variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of the Zoning Administrator.

C-1. County referral. In accordance with General Municipal Law §239-m, the Planning Board shall furnish the Warren County Planning Board with a full statement of the following proposed actions for its review and recommendation. This requirement shall apply to applications within five hundred feet (500’) of (i) the boundary of any City, Village or Town; (ii) the boundary of any existing or proposed County or State park or any other recreation area; (iii) the right-of-way of any existing or proposed County or State parkway, thruway, expressway, road or highway; (iv) the existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines; (v) the existing or proposed boundary of any County or State owned land on which a public building or institution is situated; or (vi) the boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law. Within thirty (30) days after receipt of a full statement of the referred matter, the Warren County Planning Board shall report its recommendations to the Town Planning Board. If the County fails to report within thirty (30) days, the Planning Board may act without such report unless it is received at least two (2) days prior to final action by the Planning Board. If the County recommends modification or disapproval of a proposed action, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all members and after the adoption of a Resolution fully setting forth the reasons of such contrary action. Within thirty (30) days after final action by the Planning Board, a report of its final action shall be filed with the Warren County Planning Board. The referral of projects under this section may be subject to modification as may be mutually agreed upon by the Town Board and the Warren County Board of Supervisors.

D. Waiver of Requirements. The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of project plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this Local Law, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular project.

E. Review. In considering the approval of the project, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and residents of the immediate neighborhood in particular and shall find that the proposed development meets all the requirements of this Local Law. The Planning Board shall also consider other impacts of the proposal including:

1. Impacts to and/ or from adjacent and nearby land uses, both public and private.

2. Impacts to and/ or from existing and proposed traffic patterns.

3. Impacts to existing and proposed water supply, sewage disposal and other service capabilities.

4. Impacts to the community's ability to provide adequate recreation, education, fire protection and similar facilities and services to its residents and visitors.

5. Visual compatibility with surroundings.

6. Effect on air and water quality standards applicable primarily to industrial site development plans.

7. Effect on energy consumption and conservation.

8. An Environmental Impact Statement (EIS) will be required if the project is subject to the State Environmental Quality Review Act (SEQRA) and the Planning Board deems the proposal to have potentially significant environmental impacts.

F. Reservation of Park Land On Site Plans Containing Residential Units.

1. Before the Planning Board may approve a project containing residential units, such site plan shall also show, when required by the Planning Board, a park or parks, being any tract of land designed to be used for recreation, open space recreation or cultural uses, suitably located for playground or other recreational purposes.

2. Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.

3. In the event the Planning Board makes a finding pursuant to paragraph 2of this subdivision that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this Section shall be deposited into a designatedfund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

4. Notwithstanding the foregoing provisions of this subdivision, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to Section 276 of the Town Law, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of re-subdivision of such plat, nothing shall preclude the additional reservation of park land or money donated in lieu thereof.

G. Planning Board Schedules Optional Hearing

1. Within sixty-two (62) days following the determination of a complete application by the Planning Board, the Planning Board shall, if it deems necessary, hold a public hearing. In the event such a public hearing is deemed necessary, public notice of such hearing shall be published in a newspaper of general circulation in the town at least five (5) days prior to the date thereof, with no other notice necessary to adjoining landowners. In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project and the possibility of eventual disapproval. No site plan review application may be disapproved unless a public hearing shall have first been held on the project application. Notice of such hearing shall be mailed to the County or regional planning agency as required under Section 239-m of the General Municipal Law, and to the applicant at least ten (10) days prior to such hearing.

2. In the case of Class B Regional projects, as defined in this Local Law, a copy of the public hearing notice shall be mailed to the Adirondack Park Agency. The Adirondack Park Agency shall be a full party in interest with standing to participate in any and all proceedings conducted pursuant to this Article.

H. State Environmental Quality Review Act (SEQRA). The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR Part 617. Regional Projects (Class A and B Projects as defined by the Adirondack Park Agency Act) are type II actions pursuant to SEQRA implementing regulations, 6 NYCRR Part 617, and are therefore exempt from SEQRA review.

I. Planning Board Decision. Within sixty-two (62) days after a required public hearing or within sixty-two (62) days after the receipt of a complete application by the Planning Board where no public hearing is held, the Planning Board shall render a decision. Said decision shall be in the form of an approval, approval with conditions or disapproval, based on the criteria and procedures provided in this Local Law. In the event of approval, a designated representative of the Planning Board shall date and sign the approved site plans.

The decision shall include site plan approval with findings. The Planning Board, in conjunction with its approval of any site plan review application, may impose such requirements and conditions as are allowable within the proper exercise of the police power, and are directly related to and incidental to a proposed site plan, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this Local Law shall be respected.

The Planning Board may also impose reasonable conditions to ensure that the proposed project will be adequately supported by services and improvements made necessary by the project, and to ensure that the project will be completed in accordance with the requirements and conditions authorized under this article. In addition, the Planning Board may require that the Zoning Administrator incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.

J. Filing of Decision. The decision of the Planning Board shall be filed in the office of the Town Clerk within five (5) business days after such decision is rendered and a copy thereof mailed to the applicant.

K. Performance Bond or Other Security. The Planning Board may require an applicant to post a performance bond or other security. Such bond or other security posted by the applicant shall guarantee to the Town that required infrastructure improvements which are an integral part of the proposed plan will be constructed in accordance with anyconstruction deadline that hasbeen set.

1. A performance bond or other security estimate will be prepared by a licensed professional engineer retained by the Town for such a review. The Planning Board shall pass a resolution either approving or adjusting the performance bond or other security estimate and will provide copies signed by the Chairman, for use by the applicant in obtaining and posting a bond or other security.

2. The applicant shall present the proposedperformance bond or other security with signed copies of the said estimate attached, to the Town Counsel, at least one week prior to any Town Board meeting for approval as to form and sufficiency, by the Town Board.

3. The Town Counsel shall notify the Town Clerk prior to the Board meeting that the performance bond or other security can be added to the agenda.

4. The Town Board shall either approve or disapprove the performance bond or other security as presented by the Town Counsel. If the performance bond or other security is approved, one copy will be forwarded to the Town Clerk for the record and one copy shall be forwarded to the Planning Board along with the Town Board resolution.

5. The Chairman of the Planning Board shall receive the approval of the performance bond or other security by the Town Board prior to final approval of the proposed project.

6. Upon completion of the construction of the changes or improvements covered by the performance bond or other security and prior to the termination of the bond or other security period, the applicant shall prepare a set of the approved plans and drawings, amended to indicate "as Built" information, certified by a licensed professional engineer, and shall apply to the Zoning Administrator for final inspection of the work.

7. The Zoning Administrator shall report to the Planning Board and the Town Board on the condition of the work and recommend that the performance bond or other security shall be modified,released, extended, or declared in default. The Town Board shall act on the release, extension, modification or default of the performance bond or other security.

8. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three (3) years) shall be set forth in the bond or other security, within which required improvements must be completed. The term of such performance bond or other security may be extended by the Planning Board with the consent of the parties thereto. Any such bond or other security shall comply with the requirements of Section 277 of the Town Law and further be satisfactory to the Town Board and the Town Counsel as to form, sufficiency, manner of execution and surety.

L. Expiration. Unless otherwise specified or extended by the Planning Board a decision on any site plan review application shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permits to construct any proposed new building(s) or to change any existing building(s) or to comply with the conditions of said authorization within two (2) years from the filing date of such decision.

M. Fees. In addition to the fees listed on the Schedule of Fees in this Local Law, the Planning Board may charge a fee to applicants for site plan review requiring legal and technical review, provided that the fee reflects the actual cost of legal and technical assistance.

Planning Board. These fees shall not exceed the sum of $500 without notice to the applicant.

ARTICLE 5 - SITE PLAN REVIEW OF CERTAIN USES

Section 5.06 Procedure.