Town of Chester Zoning Ordinance

The purpose of these regulations is to allow reasonable access and use of the Town's waterfront with concern for the public health, welfare and safety. It is the Town’s intent to minimize the impact to the shoreline environment and its natural character. These regulations are in addition to other applicable federal, state, and local regulations.

A. General.

1. All construction on any shoreline lot shall be carried out in such a manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to remove only that vegetation which is necessary to the accomplishment of the project, and to generally maintain the existing aesthetic and ecological character of the shoreline.

2. Any marina, boat service facility or any storage of petroleum products within one hundred (100) feet, or other reasonable setback from the shoreline, as determined necessary by the Planning Board, shall include adequate provisions for insuring that any leak, rupture, or spill will be contained and not be introduced into or affect the adjacent waterway.

3. Any paved or otherwise improved parking, loading or service area within one hundred (100) feet of any shoreline shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway.

4. If the minimum lot areas, widths and shore frontages specified for any uses by local and state agencies are inadequate to insure a potable water supply and safe sewerage and other waste disposal, such lot areas, widths and frontages shall be increased to meet water supply and distribution and sewerage needs.

5. Except as otherwise herein provided, the minimum shoreline setback of any on-site sewage drainage field or seepage pit shall be one hundred (100) feet from the shoreline, irrespective of the zoning district or land use classification.

6. There shall be no grading within ten (10) feet from the top of the slope of any stream bed or drainage way.

frontages are measured along the shoreline as it winds and turns at the shoreline.

2. Building setback restrictions are measured along the shortest line between any point of the structure and any point on the shoreline.

3. Sewage disposal system setbacks are measured along the shortest line between any point of the seepage pit, draining field or other leaching facility and any point on the shoreline.

4. The minimum shoreline setback applies to all principal buildings and accessory structures in excess of 100 sq. ft., other than docks and boathouses.

*Recreational River Zone: An Adirondack Park Agency determination of jurisdiction is required prior to issuance of a Zoning permit.

See Section 7.07 for shoreline frontage requirements for tourist accommodations.

Cutting shall be permitted on shorefront lots provided the following standards are met:

1. Within 35 feet of the shoreline no vegetation may be removed, except that up to a maximum of 30 percent of the trees in excess of six inches diameter at breast height (DBH) existing at any time may be cut over any 10~year period.

2. Within six feet of the shoreline no vegetation may be removed, except up to a maximum of 30 percent of the shorefront may be cleared of vegetation on any individual lot. This provision shall be adhered to in addition to the general standards above.

3. The above cutting standards shall not be deemed to prevent the removal of diseased vegetation or of rotten or damaged trees or other vegetation that presents safety or health hazards.

4. Within a ¼ mile of the Hudson and Schroon Rivers, except within the Hamlet and Moderate Intensity District, special vegetative cutting restrictions apply. The Adirondack Park Agency shall determine jurisdiction.

Section 7.02 Waterfront Access Lots.

A. General Standards.

When waterfront access is provided to owners or occupants of lots, parcels, sites, or multiple family dwelling units that do not have separate and distinct ownership of shore frontage, the following requirements shall apply:

2. A project plan delineating areas for swimming, recreation, docking, building placement, parking and landscaping.

3. In addition to the following standards, the Planning Board shall assure that projects do not impair the natural appearance of such parcel; does not overcrowd the parcel or the adjacent water surface; does not produce unreasonable noise or other disturbance, visual or otherwise to the surrounding properties; and does not pose any substantial hazards.

4. Each lot used as a contractual access lot, or for contractual access, shall measure at least the minimum lot area, width and depth for the zoning district in which contractual access is proposed.

5. Waterfront parcels may be provided for contractual access for residential lots or units only if such lots or units are located in the Town of Chester.

6.It shall be presumed that each deeded or contractual access shall be separate, distinct, and exclusive of any and all other deeded or contractual rights and that the standards herein shall apply to each such access right and shall be interpreted to be cumulative in nature.

B. Dimensional Requirements.

The following minimum shoreline frontages and area shall be required for contractually provided access to all shoreline.

1. Frontage. The following minimum requirements shall apply to lots, parcels or multiple-family dwelling units not having separate and distinct ownership of the shore frontage:

2. Area. The following minimum requirements shall apply to lots, parcels, and each unit of a multiple-family dwelling units not having separate and distinct ownership of the shore frontage:

C. Design Standardsfor Waterfront Access Lots.

1. No building other than toilet and changing facilities and picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of buildings shall not exceed one thousand five hundred (1,500) square feet. Any buildings must meet the setback requirements of this Local Law.

2. A buffer strip thirty-five (35) feet deep of natural or planted vegetation shall be maintained along the shoreline, except to allow for necessary access points as determined by the Planning Board.

3. Where beaches are planned, an adequate buffer behind the beach shall be established and shall be of a depth determined by the Planning Board.

4. A vegetative buffer shall be maintained so as to effectively screen parking areas and buildings from the water.

5. Where any residential lot is more than 500 feet from the waterfront access lot, one off-street parking space shall be provided. Parking areas shall be landscaped, screened from the water, and shall be set back a minimum of 75 feet from the shoreline.

7. Each individual or family or lot with legal right of way or easement access to this parcel due to previous arrangements shall count as one (1) lot or unit in

determining the amount of shoreline needed for shorefront access for a newly proposed development.

8. Provisions for sanitary facilities shall be assured by the Planning Board and shall comply with the Town of Chester Sanitary Code.

9. Slopes shall not exceed 25% over more than 25% of the area of the waterfront access lot.

10. When a waterfront access lot is intended for both swimming and boating, a separate portion of the waterfront shall be designated for each. The beach and the boating areas shall be located on well drained areas free of stagnant pools of water.

11. Vegetative screening shall be provided and maintained between waterfront access lots and adjoining waterfront residential lots.

D. Prohibited Grants of Contractual Access.

1. No lot which does not meet the minimum lot requirements (shoreline and area) for the zoning district wherein said lot is located shall be developed as a waterfront access lot.

2. Waterfront access lots shall be separate and distinct from adjoining residential or commercial lots.

3. No easements to or other interests in shorefront lots shall be granted over existing residential, vacant or commercial lots unless the existing residential, vacant and/or commercial lot and the contractual access lot meet the dimensional requirements of this Local Law.

Section 7.03 Docks, Moorings, Floats and Boathouses.

A. General.

1. Setbacks for docks, moorings, floats and boathouses shall be such that neither they nor any vessel berthed shall extend across any property line extended into a body of water.

2. A Zoning permit is required for the construction of any dock, deck, float or boathouse.

3. Dock, waterfront deck, mooring, float and boathouse rentals are not allowed except at marinas.

B. Docks

2. No dock shall be constructed so as to interfere with normal navigation or with reasonable access to adjacent docks. In a stream, brook, river or other flowing water, no dock shall extend offshore more than twenty percent (20%) of the width of the stream, brook, river or other body of water.

3. No dock shall be constructed unless so designed as to withstand the forces of flowing water and wave wash in a flowing body of water such as a river or stream. No dock shall be constructed unless so designed as to withstand the forces of wave wash and normal winter conditions. Pressure treated (sealed, non-leaching type) lumber will be allowed for the construction of the dock except for the legs or other parts which would be in constant contact with the water. Legs of pipe with preformed pads are preferable. Docks shall be securely anchored to the shore.

4. No dock shall extend more than forty (40)feet offshore from the shoreline. No dock shall exceed more than two hundred and forty (240) square feet. A maximum of one-half of the shoreline can be used for docking and/or beaching, including docks plus boat slips. Tarps shall not be allowed as dock covers.

5. Beaching shall be allowed in lieu of docking. A maximum of one half of the shoreline can be used for combined docking (including slips) and beaching. Beaching shall not be allowed in any designated swimming area.

6. The construction and or reconstruction of docks for marinas and contractual access lots are subject to review by the Planning Board.

7. A maximum of one-half of the shoreline can be used for dockage (docks plus boat slips and beaching).

C. Moorings and Swim Floats.

1. No mooring shall be constructed so as to interfere with normal navigation or with reasonable access to adjacent moorings and/or docks and can extend no more than 50 ft. from the shoreline.

2. The number of moorings, whether residential or commercial except for swim floats, shall be limited as follows:

b. an additional fifty (50)feet of shoreline is required for each additional mooring;

d. The maximum size of a swim float shall be one hundred (100) square feet. Floats may be constructed with pressure treated lumber (sealed, nonleaching type) except for the parts which would be in constant contact with the water. Parts which would be in constant contact with the water can only be constructed with untreated lumber. Floats must be securely anchored and supported by styrofoam or sanitized barrels or other environmentally safe flotation supports. Mooring cables, lines, etc. must be clearly marked or sunk to the bottom when not used so as not to become a navigational hazard. Floats must be equipped with two (2) or more reflectors on each side (preferably on the corners);

D. Boathouses.

1. Height. Boathouses shall not exceed eighteen (18) feet in height measured from the mean high water mark to the highest point of the structure for peak roofs and fourteen (14) feet for flat roofs.

Section 7.04 Signs.

A. General Provisions.

1. Every sign hereafter erected or displayed, including signs not requiring a permit for display, shall comply with the provisions of this Local Law.

2. No sign exceeding sixteen (16) square feet in area may be erected or displayed without a permit and in no case may any sign exceeding forty (40) square feet in area be erected or displayed.

3. Signs requiring permits connected with projects subject to site plan review under Article 4 shall be included in that project's review pursuant to Article 5 of this Local Law.

4. In the case of residential and other non-business uses only one sign may be erected or maintained on any parcel of real property.

B. Signs Not Requiring a Permit.

1. Any sign erected and/or permitted pursuant to Section 9-0305 of the Environmental Conservation Law.

2. Directional signs of a public or quasi-public nature identifying or locating a town, hospital, public building, parking lot, church, college, service club or civic, educational, cultural or public recreational building, facility or use and similar signs, including informational signs relating to the opening of an event of public interest.

3. Temporary business signs, such as signs advertising a change in management or the "grand opening" of a new business may be displayed for a period not exceeding 90 days. Such signs may be in the form of a cloth banner, limited to one banner per establishment and not exceeding 12 square feet in area.

4. Temporary signs advertising sales or other special events may be displayed for no more than 14 days before such event and must be removed no more than seven (7) days after such event. Political signs relating to a particular election may be displayed for no more than sixty (60) days before the election and must be removed no more than seven (7) days after the election.

5. An incidental sign such as a single name plate indicating professional services, the accessory use of a dwelling for a home occupation or permitted use such as a restaurant in a club, institution or other non-residential building, and including hunting, fishing and trespassing signs, historical markers and other signs, such as highway signs erected by duly authorized public agencies, may be erected without a permit, provided that such sign shall not exceed two (2) square feet in area except in cases where the regulations of a state or other governmental agency require a larger sign. Along any waterfront or facing within fifty (50) feet thereof, an un-illuminated incidental sign not exceeding two (2) square feet in area may be erected.

(a) Not more than one (1) sign four (4) square feet in area located on the individual lot and/or building and/or buildings being offered for sale or lease thereof. Any real estate sign larger than four (4) square feet in area, or advertising the sale of more than one (1) individual lot shall be treated as a business sign and shall be subject to the provisions of Section 7.04(C)(2).

(b) Real estate signs advertising property for sale shall be removed upon the sale of the property.

7. In any district, a directional sign designating the location of an institution of public or quasi-public nature or the location of a community or a community facility or the opening of an event of public interest, political signs, or similar signs may be erected, provided that such directional or informational sign(s) shall not exceed sixteen (16) square feet in area and shall not extend over any property line or over any public road or public or private right of way except by approval of the governmental body, agency or individual having jurisdiction thereof and site plan review approval by the Planning Board. Temporary directional and informational signs shall be removed within five (5) days after the event or purpose for which they were displayed has been terminated.

8. Signs advertising yard or garage sales, etc. may be displayed up to three (3) days in advance of such sale and must be removed no later than the day following the end of the sale.

9. Portable signs - In addition to a business sign displayed with a permit, one portable sign, one or two sided, not exceeding fifteen square feet per side in area may be displayed. Such signs must be placed so as not to interfere with pedestrian or vehicular traffic and must be removed during nonbusiness hours. Portable Sign means any sign, whether on a trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a structure or another sign.

C. Signs Requiring a Permit.

(a) A single sign board, one or two sided with a total size not exceeding twenty four (24) square feet; or

(b) Made up of a header and a series of individual name plates, one or two sided, suspended from a supporting hanger or posts. The total area may not exceed twenty four (24) square feet.

(a) In any business or industrial district or on any legal use, business signs which advertise a bona fide business or service conducted on the premises and/or advertise products and/or merchandise stocked and sold on the premises may be erected. No sign shall be erected or maintained more than two hundred (200) feet from the business or activity with which it is associated. For the purpose of this provision, the location of a business or activity shall include all of the principal private access roads and parking areas connecting the actual place of that business or activity with a public street or highway.

(b) No more than two (2) business signs may be erected or maintained advertising or otherwise relating to a single business or activity (except for directional signs that do not exceed two (2) square feet in sign area and are limited to such texts as "office", "entrance", "exit", "parking" and "no parking" signs). The maximum area of these signs shall be forty eight (48) square feet with no single sign exceeding twenty-four (24) square feet. Any free standing sign, including posts, shall be located on private property, set back from the street or highway right of way a minimum distance of five (5) feet. The maximum size of any sign at this five (5) foot minimum distance shall be twelve (12) square feet. This area may increase by two (2) square feet for every one (1) additional foot of setback up to a maximum area of forty (40) square feet.

(c) In the case of a sign advertising a center or facility where more than one principal activity is being conducted, only one sign not exceeding forty (40) square feet in area or twenty (20) feet in height may be erected. This sign may identify the center as a whole and list the individual names of any businesses at the site, but may not contain any advertising matter. An overall sign design plan for any such center or facility shall be required, which shall include the sign design plan or plans for each principal activity therein and shall reflect a reasonable uniformity of design, lettering, lighting and material.

(d) In the case of off premises signs, the zoning administrator and the Planning Board shall, whenever possible, require that such sign be approved by and conform with the standards of yellow lettering on stained wood established by the New York State Department of Environmental Conservation and as set forth in its regulations for signs in Section 9.0305 of the New York State Environmental Conservation Law, for the purpose of encouraging within the Town of Chester the establishment of signs consistent with the maintenance of natural beauty in the Adirondack Park.

(e) Window signs for businesses shall be limited to one (1) sign attached directly to the glass and not exceeding 15% of the window area. With the exception of the one (1) permitted sign, no products or other advertising shall be attached directly to the glass of any door or window.

(f) No more than one (1) pole sign may be erected or maintained upon the premises of any gasoline station or other automotive service station. The size of any such sign shall not exceed fifteen (15) square feet.

D. Prohibited Signs.

1. Outdoor Advertising Signs - Such signs, including billboards, poster panels, signs painted on a building and any other signs advertising products or services not offered for sale or not available on the premises where such sign is displayed or situated.

2. Banners - Any banner or any other advertising device painted or otherwise portrayed on canvas or other material displayed overhead by wire or cable over a street or other public thoroughfare or way. Non-profit quasi-public community events will be exempt but such signs may be displayed for no more than 14 days before such event and must be removed no more than seven (7) days after such event.

3. Miscellaneous signs on poles, fences, etc. - Tacking, painting, posting or otherwise affixing and displaying of signs or posters of a miscellaneous character, visible from the public highways, streets or other public way, on the walls of buildings, barns, sheds, trees, posts, utility and other poles, fences, walls and other structures except as provided for in this Local Law.

4. Waterfront signs - Waterfront signs or signs facing any waterfront area within fifty (50) feet thereof, except incidental un-illuminated signs not over two (2) square feet in area.

E. Illumination, Design and Size.

1. All illuminated signs shall employ only lights emitting a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent sequences or moving lights. No bare lamps, bare bulbs or fluorescent tubes over forty (40) watts shall be allowed. The provisions of this Section shall not be applied so as to prohibit a sign changing to show time or temperature. No sign shall use reflective material which sparkles or glitters. No interiorly illuminated signs shall be allowed.

2. Signs must contain neat and clear lettering on durable material such as stone, brick or wood and be approved by the zoning administrator prior to display.

3. No sign shall employ any mirror or mirror-like surface nor any day-glow or other fluorescent paint or pigment.

4. Except in hamlet districts, no sign or part thereof shall contain or consist of any banner, pennant, ribbon, streamer, spinner or other similar moving, fluttering or revolving device. Such devices, as well as strings of lights, shall not be used for advertising or attracting attention whether or not they are part of any sign. No sign or part thereof may rotate or move back and forth. No sign may contain neon or similar lighting.

5. No sign or illumination therefrom shall be so placed as to be a hazard to traffic or the public generally or a nuisance or annoyance to the residents or occupants of any other building or premises; nor shall any sign project illumination into any public right of way.

6. No sign shall be erected or maintained having a sign area greater than forty (40) square feet. No luminous sign shall be erected or maintained having a sign area greater than fifteen (15) square feet. If two signs are erected or maintained upon the premises of a given business or activity, the total sign area of the two signs shall not exceed sixty (60) square feet. With respect to any building, group of buildings or other project involving more than one business or activity, such as shopping centers or multiple unit office or commercial building, no sign with respect to one such business or activity shall exceed thirty (30) square feet.

F. Location of Signs.

1. No sign shall be so located, erected or attached in a manner to obstruct either partially or wholly, free access to any door, window, stairway, fire escape or other wall opening, nor shall any sign be attached to a fire escape or standpipe.

2. No sign shall be erected or located in such a manner as to obstruct free and clear vision along any highway, street or other public way or waterway, nor shall it be located in such manner or constructed, illuminated or in any way interfere with, obstruct the view of or be confused with a traffic control light, signal, sign or device; nor shall such sign include words such as "stop", "slow", "go", "danger" or other words, phrases, symbols or characters that may be mistaken for or confused with a traffic signal, sign or device.

3. The use of vehicles or other movable devices for bringing signs to positions adjacent to a highway, street or road right of way is hereby prohibited. No motor vehicle upon which a sign intending to advertise the premises is displayed may be stationed on any premises in a manner primarily intended to display the sign.

5. No sign shall be placed upon or be supported by any water body or any tree, rock or other natural object other than the ground.

6. Free standing signs may be erected only in a business or industrial district and may not exceed a height of twenty (20) feet above the ground on which such sign is erected. Before issuance of a permit for such sign, the zoning administrator shall require a written statement from a professional structural engineer and/or evidence of insurance.

7. A projecting sign may extend over a sidewalk not more than three (3) feet from the face of the building to which it is attached and in no case shall it extend beyond a vertical plane measured two (2) feet back from the highway right of way. The bottom of such sign shall be at least ten (10) feet above the elevation of the sidewalk directly under the sign and for a distance of at least five (5) feet in each direction therefrom along the said sidewalk. No sign shall be permitted to overhang the vehicular travel way of any highway, street or other public way.

G. Maintenance and Continuation.

All signs must be maintained in a visually appealing, clean and safe All signs must be maintained in a visually appealing, clean and safe condition. Defunct signs and their support systems must be removed within six (6) months of the date of their disuse.

H. Sign Permit Procedure.

1. Applications - Applications for sign permits shall be submitted on sign application forms obtainable at the Town office. Each application shall be accompanied by a processing fee in cash or check payable to the Town of Chester and two (2) copies of plans showing the following information:

(a) Building, structure or lot to which or upon which the sign is to be attached or erected and the exact location proposed for the sign on the building or lot;

(c) Area of the sign, its dimensions, character and structural design, lettering, color, pictorial and/or design characteristics, height of the bottom of sign above any adjacent sidewalk or other public or pedestrian way, distance from curb line or center line of roadway if there be no curb, method of illumination, if any, and light or lamp colors proposed and any moving characteristics, either mechanical or lighting;

(d) Method of fastening the sign to the building or erecting a freestanding sign and all specifications relating to the sign;

(e) Name of person, firm, corporation or other body, contractor or agency erecting the sign;

(f) Endorsement by the owner of the building or property on which the sign is to be erected, indicating his approval of the sign as shown on the plans;

(h) Such additional information as may be required by the Zoning Administrator as a basis for evaluating the proposal.

I. Fees for Sign Permits.

Fees in cash or by check payable to the Town of Chester in an amount Fees in cash or by check payable to the Town of Chester in an amount determined by the Town Board shall accompany each application for a sign permit.

J. Issuance of a Permit

A permit shall be issued on the basis of an acceptable plan meeting the requirements of this Local Law and such permit shall be subject to endorsement (see Section 7.04(k)). In cases where the Zoning Administrator is of the opinion that a sign proposed to be erected or the building or structure upon which such sign is proposed to be erected will be or is unsafe or unsuited for such purpose, he may withhold the issuance of a permit until the applicant submits a written statement from a professional structural engineer registered in the State of New York certifying as to the safety of such sign and the method of erection and/or securing the same to the said building or structure. The cost of providing such proof of safety shall be borne by the applicant.

K. Enforcement Procedure.

After a sign for which a permit has been issued is in place, the owner of such sign shall so notify the zoning administrator who shall inspect the sign to determine its conformity to the approved plans. If the sign is in accordance with the approved plans, the zoning administrator shall endorse the permit; but if the sign is not located in accordance with the plans or if there is

evidence that the erection or construction thereof or the method of securing the same to a building or structure is not in accordance with the plans, the sign permit shall be revoked. The owner of said sign shall be given thirty (30) days within which to correct the deficiency or violation on which the permit revocation is based. Within the thirty (30) day period a revoked sign permit may be reinstated upon compliance with the requirements governing its issuance, if the owner fails to correct the violation within the thirty (30) day period, the Zoning Administrator shall order the sign removed. Non-compliance with the order within ten (10) days shall be deemed a violation punishable as provided in Article 13.

L. Permits Not Transferable.

No sign permit issued under the provisions of this Local Law shall be assigned or transferred to another by the holder thereof unless it is a continuation of an existing use. The Town of Chester and the officials authorized herein have the exclusive responsibility for issuance of sign permits, and any assignment or transfer of such permit is hereby declared to be null and void, a violation of this Local Law and subject to the penalties and remedies provided for in Article 13.

M. Measurement of Sign Area.

In measuring the square foot area of sign permitted under this Local Law, the entire face of the sign and any wall work incidental to its decoration and, in the case of any open sign made up of individual boards, letters, figures or designs shall be measured as one sign. However, if the multiple faces of any sign are separated in any manner other than by being mounted on common posts, they shall be considered as separate signs. Only one (1) side of double faced signs shall be measured when determining the area. Lettering and colors of the sign may be changed so long as a new description is filed with the Zoning Administrator.

N. Unsafe, Illegal and Obsolete Signs.

In any case where the Zoning Administrator shall find any sign unsafe or insecure, endangering, in his opinion, public safety or property, or if he shall find any sign which in his judgment has been erected, installed, attached, established, painted or however created in violation of this Local Law, he shall follow the procedures in respect to violations set forth in Article 13 and the provisions of said Article shall apply in respect to prosecution, penalties and punishment for such violations.

In the case of an unsafe sign which, in the opinion of the Zoning Administrator, is an immediate peril to persons or property, he may order and arrange for the removal of such sign, without notice to the owner thereof.

Such sign shall be declared obsolete and in violation of this Local Law, and the Zoning Administrator shall forthwith follow the procedures in respect to violations as set forth in Article 13 and the provisions of the said article shall apply in respect to prosecution, penalties and punishment for such violation.

In any case where the Zoning Administrator finds it necessary to cause the removal of a sign because of the failure to do so by the owner thereof or of the premises on which such sign is located, the cost of any other expense incidental thereto shall be charged against the owner of the property and such charge shall be a lien against the property until paid.

0. Non-Conforming Signs.

For the purposes of this Local Law and this Article, a sign is considered a "structure" and subject to the provisions of Article 9 herein.

Section 7.05 Junkyard Regulations.

A. Intent

The intent of this Section is to ensure a clean, wholesome, attractive environment in the Town of Chester through regulation of junkyards. The operation of junkyards in the vicinity of highways, dwellings, buildings, bodies of water, and wooded areas, including, but not limited to the burning of inflammable parts of motor vehicles machinery, appliances or equipment and of paper and any other waste materials, constitutes a public nuisance, a constant fire menace and a danger to such health, safety, and welfare of the inhabitants of the Town of Chester and creates an environment which tends to discourage continuing development of the economy of the Town of Chester.

B. Location Requirements.

No junkyard shall be located within one hundred (100) feet of the boundary line of any public highway, street, avenue, road or place nor within three hundred (300) feet of any dwelling, church, school, hospital, public building or any other place of public gathering. The Planning Board shall also consider whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke, or of any other cause.

C. Aesthetic Considerations.

The Planning Board shall take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare the inhabitants of the Town of Chester, by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection the Planning Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.

D. Fencing.

A junkyard shall be completely surrounded with a fence approved by the Planning Board, at least eight (8) feet in height which substantially screens the junkyard. Said fence shall be constructed of materials that are durable and attractive that will blend with the surroundings and shall have a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. No advertising or other matter of any kind shall be attached to or painted on any fencing enclosing the junkyard. All motor vehicles, parts thereof, machines, appliances, equipment, metal, rags, paper, fabric, rubber and any other waste materials or their combinations, stored or deposited in a junkyard shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same elsewhere, and shall not be piled or stacked to a height where the same shall be visible. This condition may be waived at the discretion of the Planning Board if the site is completely screened from public view from all areas within the Town. The Planning Board may require landscaping using natural materials to further mitigate impacts of the fencing or the junkyard itself.

E. Environmental Protection.

Runoff from the active areas of the site must be treated and contaminants removed prior to discharge into the ground or off the site. Any existing drainage courses at the site must be identified and protected to prevent untreated runoff from the active sites from entering them.

Areas where waste fluids or other deleterious, noxious or hazardous materials are handled shall be designed to collect these materials and prevent contamination of the soil, water or air.

Groundwater monitoring must be carried out including but not limited to initial baseline sampling prior to commencement of the project and annual up and down gradient sampling for groundwater contaminants.

All designs in this Section must be certified and stamped by an engineer licensed to practice in the State of New York.

F. Pre-existing Junkyards.

Junkyards legally existing on the effective date of this Local Law shall be exempted from the location requirements of paragraph (B) of this Section, but shall be required to comply with the aesthetic considerations and all other requirements of this Section within 3 years of the adoption of this Local Law. Existing junkyards in non-compliance with the location requirements shall not be expanded in such a way as to increase that non-compliance.

G. Operating Permit.

Junkyards shall be required to obtain an annual operating permit from the Town. All operating permits shall require annual renewal and to be applied for not less than 30 days prior to expiration. No operating permit shall be renewed unless the Zoning Administrator finds that the aesthetic considerations, health and safety, and fencing requirements of this Section are met.

Section 7.06 Off-Street Parking and Loading.

A. Off-Street Parking.

Off-street parking space shall be required for all buildings constructed, altered, extended and engaged in use after the effective date of this Local Law. Each off-street space shall consist of at least two hundred (200) square feet and shall be at least ten (10) feet wide by twenty (20) feet long and shall be reached by an access driveway at least twenty (20) feet clear in width. In addition, space necessary for aisles, maneuvering and drives shall be provided. Parking requirements are specified in Paragraph B.

For uses not specified in Paragraph B, the Planning Board may establish parking requirements consistent with those specified in Paragraph B.

1. Parking spaces required in all districts shall be located in the side or rear yard on the same lot as the principal use unless otherwise permitted by the Planning Board.

2. For any building having more than one (1) use, parking spaces shall be required as provided for each use.

3. Any parking lot or parking area that will contain more than one hundred (100) cars shall be effectively divided by planted divider strips or curbing fixed in place so as to effectively divide each parking area of one hundred (100) cars from another driveway and parking area for the purpose of ensuring safety of vehicles moving within the entire parking area and to control speed.

4. Off-street parking areas located within fifty (50) feet of a residential use shall be shielded by wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance. Parking lots shall be screened from all street rights-of-way in such a manner as to facilitate adequate site distance at points of egress.

5. Lighting for parking lots shall be designed in such a manner as to prevent glare onto other properties.

6. Parking lots shall be planted in accordance with the following.

(a) Buffer planting shall be installed between the parking lot and adjacent properties.

(b) Buffer planting shall be installed between the parking lot and the street.

B. Off-Street Parking Schedule.

USE	MINIMUM SPACES REQUIRED
Dwelling	Two spaces for each dwelling unit
, Tourist Accommodation	One space for each guest room and one space for each employee
Church or Temple	One space for each four (4) seating spaces in the main assembly room, one space for each clergyman and one space for each employee
Theater or other place of assembly	One space for each four (4) seating spaces and one space for each employee
Retail store	One space for each 100 sq.ft. of gross floor area*
Office or bank	One space for each 300 sq.ft. of gross floor area*
Club or restaurant	One space for each 100 sq.ft. of gross floor area or one space for each four (4) seats
Wholesale, storage, freight terminal or utility use	One space for each 1,000 sq.ft. of gross floor area*
Industrial use or manufacturing use	One space for each company vehicle and one each two (2) employees, based on peak working hours
Home occupation	A maximum of 3 additional spaces devoted to such use.
Drive-in restaurant	One space for each 25 sq.ft. of gross floor area*
Shopping center	Five and one-half (5.5) spaces for each 1,000 sq.ft. of gross leasable floor area

* "Gross floor area" shall mean the total area in square feet within the exterior walls of a building or structure and, when applicable, the sum total of all floor areas of the principal and accessory buildings or structures under single ownership or business.

C. Off-Street Loading.

At least one (1) off-street loading space shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area* in excess of 5,000 square feet, computed as described below. Space for off-street loading shall be in addition to space for off-street parking.

Each off-street loading space shall be subject to the following minimum requirements:

1. Each berth shall be not less than twelve (12) feet wide, forty (40) feet long and fourteen (14) feet in height when covered.

2. Off-street loading space (or spaces) located within fifty (50) feet of residential property shall be shielded by wall, fencing, or other suitable material which shall serve to screen noise and uncontrolled entrance.

Section 7.07 Tourist Accommodations.

A. Land Area.

For tourist accommodation units which are attached to a similar unit by a party wall, units of tourist homes or similar structures, and tourist cabins or similar structures for rent or hire involving less than 300 square feet of floor space each, the minimum land area necessary shall be one-tenth (1/10) the minimum lot area required for the zoning district in which the tourist accommodation is to be located.

The minimum land area for a tourist cabin or similar structure for rent or hire involving more than 300 square feet of floor space shall be the land area in the Zoning Schedules contained in Section 4.01 hereof for the zoning district in which the cabin or structure is to be located.

B. Off-Street Parking.

Adequate off-street parking shall be provided as per Section 7.04 of this Local Law.

C. Shoreline Frontage.

Where a motel, hotel or tourist accommodation involves the shoreline of any lake or pond, or any river or stream navigable by boat, including canoe, the following shoreline frontages shall be required per room or unit, unless the minimum shoreline lot width in Section 7.01 hereof for the zoning district involved is greater, in which case the greater lot width shall be required:100 feet for one to ten accommodation units; for each additional unit up to 20 units, 8 additional feet; for each additional unit up to 40 units, 5 additional feet; for each additional unit thereafter, 3 additional feet.

D. Setbacks for Cabin Colonies.

For approval of any alterations to existing cabin colonies, the above standards must be met by all cabins and proper access as defined in this Section must be provided.

Front yard to lot line	same as zone in which lot is located
Side yard to lot line	same as zone in which lot is located
Rear yard to lot line	same as zone in which lot is located
Distance between	1.5 times the height of the structure's tallest of the two walls facing each other or 20 feet, whichever is greater
Distance to access right-of-way	1.0 times the height of the wall of the structure facing the road or 20 feet, whichever is greater

Section 7.08 Multiple-Family Dwellings.

A. The minimum land area necessary per each individual dwelling unit shall be the minimum lot area required for the zoning district in which the multiple family dwelling is to be located as per the Zoning Schedules in Section 4.01.

B. Adequate off-street parking shall be provided as per Section 7.06 of this Article.

C. Approval of water supply and sewage disposal by the New York State Department of Health or other appropriate regulating agency shall be mandatory.

Section 7.09 Mobile Home Parks.

A. Site.

1. Any mobile home park shall be located on a well-drained site which is properly graded to insure adequate drainage and be free at all times of stagnant pools of water.

2. The park shall be at least four (4) acres in size, with sixty (60) feet minimum frontage on a public road.

B. Mobile Home Lots.

In no case shall a mobile home lot have a total area of less than 5,000 square feet with a minimum lot width of fifty (50) feet. The total number of mobile home lots in a mobile home park shall not exceed the quotient of the total area of the park divided by the minimum lot area required for the zoning district in which the mobile home park is located.

1. Each mobile home lot shall have a mobile home stand which will provide for the practical placement on and removal from the lot of both the mobile home and its appurtenant structures, and the retention of the home on the lot in a stable condition.

2. The stand shall be of sufficient size to fit the dimensions of the anticipated mobile home and its appurtenant structures or appendages.

3. The stand shall be constructed of an appropriate material which is durable and adequate for the support of the maximum anticipated loads.

4. The stand shall be suitably graded to permit rapid surface drainage.

5. The stand shall be equipped with an anchor or tie-down at each corner thereof to provide adequate security for the mobile home against wind loading.

6. Each mobile home shall be enclosed with a desirable and attractive skirt made of sturdy materials, which will hide all wheels, chassis, and other appurtenances under the mobile home.

C. Accessibility.

1. The mobile home park shall be easily accessible from an existing public highway or street.

2. Where a mobile home park has more than twenty (20) mobile home lots, two points of entry and exit may be required, but in no instance shall the number of entry and exit points exceed four (4):

(a) Such entrances and exits shall be designed and strategically located for the safe and convenient movement of traffic on a public highway or street;

(b) All entrances and exits shall be approximately at right angles to the existing public highway or street;

(c) All entrances and exits shall be free of any material which would block their visibility from the public highway or street to which they have access

(d) All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.

3. The mobile home park shall have graded, surfaced and maintained streets (including snow removal) to provide for the convenient access to all mobile home lots and other important facilities within the park.

The street system shall be so designed to permit safe vehicular circulation within the park. Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.

D. Utilities and Service Facilities.

1. The following utilities and service facilities shall be provided in each mobile home park which shall be in accordance with the regulations and requirements of the New York State Department of Environmental Conservation and the New York State Department of Health:

(a) An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all mobile home lots and buildings within the park.

(b) Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot, to receive the waste from all wastewater systems including but not limited to the shower, tub, flush toilets, lavatory and kitchen sink in such home. The sewer shall be connected to a community sewerage system, so as to comply with any applicable sanitary codes.

2. Other service buildings including storage areas shall be provided as deemed necessary for the normal operation of the park, such buildings to be maintained by the owner or manager of the park in a clean, sightly, and sanitary condition.

E. Open Space.

1. The mobile home shall provide common open space for the use by the residents of such park for recreational and other appropriate purposes. Such common open space area may contain recreational facilities, bicycle, walking or horse trails, sitting areas, wooded areas (areas may be required to be cleared of underbrush), or any other open space uses found appropriate by the Planning Board.

2. Common open space shall be conveniently located in the mobile home park. Such space shall have a total area equal to at least ten percent (10%) of the gross land area of the park. Roadways shall not be counted as such open space.

F. Landscaping.

Screen planting shall be provided along those areas within the park which front upon or are visible from public highways and streets or abutting yards of adjacent residential properties, so as to substantially screen the park from public view at all seasons of the year. This requirement shall in no way diminish the park accessibility requirements of Section 7.09.

Section 7.10 Individual Mobile Homes.

A. Individual mobile homes are considered one principal building pursuant to Section 2.03, Definitions, and are subject to the minimum lot size restrictions and setback restrictions of this Local Law.

B. Within ninety (90) days of placement, the undercarriage of individual mobile homes must be securely enclosed.

C. The following regulations apply to individual mobile homes within the Town:

1. Individual mobile homes shall comply with the same water supply, sewage disposal and setback requirements as single family dwellings.

2. Additional Requirements - The additional requirements in the following paragraphs apply to mobile homes placed on individual lots after the effective date of this Local Law.

(a) Prohibited Sites - No mobile home shall be located on a lot within any subdivision which has in the past been developed with conventional dwellings or upon any land restricted by deed or other covenants against placement of mobile homes or temporary structures.

(b) Mobile Home Stand and Skirting

(i) Each mobile home shall have a mobile home stand which will provide for the practical placement on and removal of both the mobile home and its appurtenant structures, and the retention of the home on the lot in a stable condition.

(ii) The stand shall be of sufficient size to fit the dimensions of the mobile home and its appurtenant structures or appendages.

The stand shall be constructed of an appropriate material which is durable and adequate for the support of the maximum anticipated loads.

(iv) The stand shall be suitably graded to permit rapid surface drainage.

(v) The stand shall be equipped with an anchor or tie-down at each corner thereof to provide adequate security for the mobile home against wind loading.

(vi) The mobile home shall be located on either (a) a permanent, continuous, masonry foundation or (b) posts or concrete blocks, provided that, in this second case, there shall be a continuous "skirting" of metal, wood or other durable sightly material installed so as to obscure the wheels, chassis and other appurtenances from view from the highway or street and from any adjoining property.

3. Dimensional Requirements - The dimensional requirements for mobile homes, except as otherwise provided in this Article, are those applicable to single family dwellings in the zoning district. Not more than one mobile home may be placed on a lot.

4. Structural Characteristics and Age - A mobile home shall have a minimum gross floor area of 650 square feet; the sides shall be non-reflective; and the roof shall be peaked. The mobile home shall be new or, if previously manufactured, have a manufacture date not more than 20 years prior to placement on the lot.

5. Non-conforming Uses or Structures - A mobile home which is a lawful nonconforming use or structure (each as defined in Article II) may not be expanded or replaced unless the Planning Board, in site plan review, determines that the mobile home as relocated, expanded or replaced will conform to this Local Law and to this Section.

Section 7.11 Travel Trailer Regulations.

(Motor homes, campers, and all such similar travel vehicles)

A. Site

No travel trailer shall be parked or located overnight within the Town except:

1. on the property of the owner;

2. in a travel trailer campground;

3. on the premises of a travel trailer sales or rental establishment; or

4. with the permission of the property owner for no more than 21 days in any calendar year.

B. Occupancy

Travel trailers may not be used as dwellings.

Section 7.12 Travel Trailer Campgrounds.

Travel trailer campgrounds shall be subject to the following requirements:

A. Site.

1. The travel trailer campground shall be located in an area where grades and soil conditions are suitable to insure adequate drainage and be free at all times of stagnant pools of water.

2. The campground shall be at least four (4) acres in size, with at least sixty (60) feet of frontage on a public road.

B. Travel Trailer Lot.

Each travel trailer campground shall be marked off into travel trailer lots. Each travel trailer lot shall have a total area of not less than 3,600 square feet with a minimum width of forty (40) feet.

C. Travel Trailer Placement on Lot.

1. No travel trailer shall be parked or otherwise located nearer than a distance of:

(a) 25 feet from an adjacent travel trailer in any direction;

(b) 60 feet from an adjacent property line of any third party;

(d) 20 feet from the nearest edge of any street within the camp.

2. Only one travel trailer shall be permitted to occupy any one travel trailer lot.

D. Travel Trailer Stand.

1. Each travel trailer lot shall have a travel trailer pad which will provide for the practical placement on and removal from the lot of the travel trailer and retention of the trailer on the lot in a stable condition.

2. The pads shall be of sufficient size to fit the dimensions of the anticipated travel trailers.

3. The pads shall be constructed of an appropriate material which is durable and adequate for the support of the maximum anticipated loads.

4. The pads shall be suitably graded to permit adequate surface drainage.

E. Accessibility.

1. The travel trailer campground shall be easily accessible from an existing highway or street.

2. Where a travel trailer campground has more than thirty (30) travel trailer lots, two (2) points of entry/exit may be required by the Planning Board.

(a) Such entrance(s) and exit(s) shall be designed and strategically located for the safe and convenient movement into and out of the camp, and to minimize friction with the free movement of traffic on a public highway or street.

(b) All entrances and exits shall be approximately at right angles to the existing public highway or street.

(c) All entrances and exits shall be free of any material which would block their visibility from the public highway or street to which they have access.

(d) All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with travel trailers attached.

3. The travel trailer campground shall have convenient access ways to all travel trailer lots and other important facilities within the campground. Such access ways shall be designed to permit safe vehicular circulation within the campground, shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety, shall intersect at approximately right angles, and shall be of sufficient width.

F. Utilities and Service Facilities.

1. Water, Sewage and Sanitary Facilities. All campgrounds and travel trailer campgrounds shall provide and maintain a potable water supply, sanitary facilities, sewage disposal system, sanitary garbage containers and all other waste service facilities as are adequate to comply with the public health laws of the State of New York and the rules, regulations and standards of the New York Sate Department of Health.

(a) An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and to every (10) ten trailer lots within the campground to meet the requirements of such campground. Each (10) ten lots shall be provided with a cold water tap.

(b) Every travel trailer campground shall be equipped with a dump station tied into a community sewerage system.

(c) Toilet and other necessary sanitary facilities for males and females shall be provided in permanent structures. Such facilities shall be housed in either separate buildings or in the same building; in the latter case, such facilities shall be separated by soundproof walls. The male and female facilities shall be marked with appropriate signs and have separate entrances for each.

(d) Lavatory facilities shall be supplied with running water.

(e) The buildings housing such toilet and sanitary facilities shall be welt lighted at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of moisture proof materials, and shall be kept clean and sanitary at all times. The floors of such buildings shall be of a water impervious material.

2. Other service facilities and buildings shall be provided as deemed necessary for the normal operation of the campground, such facilities or buildings to be maintained by the owner or manager of the campground in a clean, sightly, and sanitary condition.

3. Metal or plastic garbage cans with tight fitting covers shall be used in quantities adequate to permit the disposal of all garbage and rubbish. The cans shall be kept in sanitary condition at all times. The camp owner or manager shall be responsible for the collection and disposal of garbage and rubbish as frequently as may be necessary to insure that such cans shall not overflow.

4. Waste from all buildings and trailer lots shall be discharged into a community sewerage system.

G. Open Space.

The travel trailer camp shall provide common open space conveniently located within the camp for recreational and other appropriate purposes, such space to have a total area equal to at least 20 percent (20%) of the land area of the park.

Section 7.13 Mining, Excavation of Minerals/Gravel.

A. Legislative Intent.

It is the intent of this Zoning Local Law to prohibit mining within Hamlet Districts. It is the further intent to ensure that mine sites are properly reclaimed and that the New York State Department of Environmental Conservation (DEC) permit conditions are properly enforced by granting authority to the Town of Chester Planning Board to impose site plan review conditions on new mining activities.

B. Mining.

Mining, including the quarrying operations for sand, gravel, or other aggregate but limited to the removal of the product from the earth and its loading for transportation, shall be subject to a site plan review in any zoning district. No washing, screening, crushing or other processing shall be permitted at the site unless otherwise approved by the Planning Board. Mining and restoration requirements imposed by the New York State Department of Environmental Conservation which are more stringent shall take precedence.

C. Site plan review.

Site plan review conditions as imposed by the Planning Board, shall apply to all mining operations within the Town of Chester not approved prior to the enactment of this Zoning Local Law, and shall be limited to the following:

1. Ingress and egress to public roads controlled by the Town of Chester;

2. Routing of mineral transport vehicles on roads controlled by the Town of Chester;

3. Requirements and conditions as specified by any permit issued by the Department of Environmental Conservation under Title 27 of the Environmental Conservation Law (Mined Land Reclamation Law) concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, if required, dust control and hours of operation, when such requirements and conditions are established pursuant to Section 23-2711(3) of the Environmental Conservation Law;

4. Enforcement of reclamation requirements contained in mined land reclamation permits issued by the State of New York;

5. Enacting or enforcing Local Laws regulating mining or the reclamation of mines not required to be permitted by the State of New York.

D. Site plan review Procedure.

It is the intent of the Town of Chester to provide input on any conditions that it believes should be included in any DEC mining permits issued for mining operations located within the Town of Chester and to assist in the enforcement of any resulting DEC mining permit conditions, as permitted by the Mined Land Reclamation Law (Title 27, Environmental Conservation Law):

1. The following procedure shall apply for site plan review approval for mining operations requiring a DEC permit:

a. The Planning and Zoning Secretary of the Town of Chester upon receipt of an application for a mining permit from DEC or for site plan review from the applicant, shall forward said application to the Planning Board in a timely manner;

b. The Planning Board may, within thirty (30) days of the receipt of an application, provide DEC recommendations on conditions to be included in the said State mining permit, within the following categories:

(i) Ingress, egress, and the routing of mineral transport vehicles on roadways controlled by the Town;

(ii) Appropriate set-backs from property boundaries or public road rights-of-way;

(iii) The need for man-made or natural barriers designed to restrict access, and the type, length, height and location thereof;

(iv) The control of dust;

(v) Hours of operation;

(vi) Whether mining is prohibited within the applicable zoning district.

Such recommendations shall be accompanied by documentation supporting the involved conditions on an individual basis.

c. Upon receipt of any resulting DEC permit, the applicant shall submit copies of said permit and all information provided to DEC in support of the application, to the Planning Board. The Planning Board shall accept such information as a complete site plan review application, once the applicable Town application fees have been received. The Planning Board shall then incorporate into the involved Town site plan review approval any conditions contained in the State mining permit related to Paragraph 2, subparagraphs (a) to (e) above, together with any reclamation requirements contained in the involved mine's reclamation plan.

2. For any mining operation not requiring a DEC mining permit, the procedure for site plan review as contained in the appropriate Sections of this Local Law shall apply.

Section 7.14 Fence Regulations.

Any fence over eight feet (8’) in height from natural grade is prohibited (other than those required by Section 7.05). All private swimming pools shall be enclosed by a permanent fence of durable material at least four feet (4’) in height and with a gate which is kept securely closed any time that the swimming pool is unattended.

Section 7.15 New Principal Buildings on the Same Lot.

Where more than one principal building exists or is proposed to be located on the same lot, any construction, alteration or relocation of structures shall occurthrough site plan review in accordance with the following regulations:

A. Access.

A right-of-way must be provided for access to each principal building. Such access shall consist of a right-of-way not less than twenty (20) feet wide with a roadway width of twelve (12)

feet. If such roadway terminates without connecting to a public road or highway, a properly designed turnaround shall be provided.

Maximum grade of such access roadway shall not exceed twelve percent (12%).

Dead-end access roadways greater than two hundred (200) feet shall terminate in a turnaround.

Parking shall be provided on the site in accordance with Section 7.08 of this Local Law.

B. Setbacks.

Setbacks for apartment buildings, single-family, attached dwellings, town houses, and

other principal buildings shall be as follows:

Front yard to lot line	same as zone in which lot is located
Side yard to lot line	same as zone in which lot is located
Rear yard to lot line	same as zone in which lot is located
Distance between structures	the sum of the yard setbacks of the building sides facing each other of the zone in which the lot is located
Distance to common access right-of-way	the front yard setback of the zone in which the lot is located

C. Density

The new principal buildings shall comply with the density requirements for the zone in which they are located.

Section 7.16 Water Bottling Plants.

The following specific standards apply in connection with the review and approval of a water bottling plant:

1. The minimum lot size to be dedicated in its entirety to the development of any water bottling plant source wells shall be 250 acres.

2. To the maximum extent possible, after development, any such bottling plant shall be screened to reduce visibility from adjoining properties and roads and to reduce noise.

3. No part of any such bottling plant shall be located within two hundred (200) feet of the shore of any lake, pond or stream navigable by canoe.

4. Access shall be by public or private all-weather road adequately designed and constructed to accommodate the anticipated truck traffic. To the maximum extent possible, after development, the traffic patterns associated with any such bottling plant shall be so as to minimize traffic through residential neighborhoods.

5. No building on said parcel shall exceed thirty-five feet (35’) in height.

6. Precipitation recharge to the aquifer system being tapped by the water bottling operation must safely exceed the proposed maximum quantity of groundwater (or spring water) to be extracted by the facility. In addition, the daily withdrawal of groundwater (or spring water) from the site shall not be allowed to have an undue adverse environmental impact on nearby wells, surface water or the storage capacity of the aquifer. It shall be the responsibility of the project sponsor to retain the services of a qualified geologist or hydrogeologist to certify that this condition has been satisfied based on results of the site specific studies and/or investigations.

Section 7.17 Outdoor Storage of Vehicles.

No more than a total of four (4) unregistered snowmobiles, all-terrain vehicles, motorcycles, jet skis, boats, boat trailers, camper trailers, motor homes or similar vehicles intended to be used for recreational purposes may be stored outside of a building on any lot.

Section 7.18 Lighting.

Outdoor lighting shall be the minimum required to meet any legal requirements and ensure patron safety. Lighting devices shall be oriented and shielded to minimize disturbance on surrounding properties. Lighting shall be directed onto the lot in such a manner that no direct beam of light or excessive glare shines onto other properties or the highway.

Section 7.19 Livestock and Other Animals.

The purpose of this section is to protect the health, safety and general welfare of the citizens of the Town, as well as to provide for the safety and health of horses and livestock other than household pets. For purposes of this section, “livestock” shall mean horses, cows, pigs, sheep, goats, deer, llamas, alpacas, emus, ostriches, chickens, ducks, geese and similar animals and birds.

A. Regulations.

In any zone in the Town wherein the keeping of livestock is allowed, the following regulations shall be complied with:

1. A lot or parcel of at least 45,000 square feet shall be required for the keeping of horses, ponies or other livestock.

2. Within the pasture or field there must be provided a barn or similar three-sided lean-to with a roof to provide shelter for the horses, ponies or similar livestock. This barn or similar three-sided lean-to with a roof must yield a minimum of 80 square feet per horse or pony or animal unit. This eighty-square-foot shelter minimum requirement per horse, pony or animal unit is in addition to any other footage required by this section.

3. Location.

(a)All stables and/or similar three-sided lean-tos with roofs for the purpose of sheltering horses, ponies or similar livestock shall be located a minimum of:

(i) Twenty feet (20’) from any adjacent property line.

(ii) Seventy-five feet (75’) from any neighboring dwelling.

(b) Pasture or field fencing may be placed at any point up to the property line. Said fencing shall be a minimum of fifty feet (50’) from a neighboring dwelling.

4. All pasture or field fences shall be constructed of such material and in such a manner as to prevent and preclude an escape of livestock. It is recommended that an Underwriters' Laboratories, Inc. approved electrical fence wire be mounted on the inside of all perimeter fencing.

5. All fences, barns, three-sided lean-tos or similar structures must be maintained in a state of repair to prevent the escape of horses, ponies or other livestock.

6. Stables and similar enclosures must be built and maintained to avoid the creation of offensive odors, fly breeding or other nuisances. Fly retardants such as flystrips and/or flytraps must be in place and in such condition as to perform adequately from March 1 to and including October 31.

7. Manure from stabled horses or other livestock may not be stored in the stable or housing structure used to house said horses or livestock. Any stockpile of manure shall not exceed 100 square feet and shall be stored a minimum of 100 feet from the nearest neighboring dwelling. All stockpiles of manure shall be limed at least once every week.

B. Persons Presently Keeping Horses.

Any person, firm or corporation presently using land or premises within the Town for the keeping of horses, ponies or other livestock shall comply with all the provisions of this chapter except that such person, firm or corporation shall be exempt from the requirements of paragraph A(1), provided that such person, firm or corporation complies with all other ordinances, rules and regulations of the Town or any agency thereof, and provided further that such noncompliance shall not be restored in the event of abandonment or discontinuance.

Section 7.20 Commercial Siting and Design Guidelines.

The purpose of these regulations is to provide guidelines for the design of businesses along state highways, especially where important community gateways into the hamlet of Chestertown at Routes 8 and 9. It is the overall intention of the guidelines to carefully blend new commercial development into the existing environment while enhancing community character and protecting the scenic natural landscape.

General Guidelines

Development along state highways should be sited so as to blend into the existing landscape. Development shall be carried out in a manner that avoids degrading identified view sheds and ridgeline vistas.

To avoid conventional strip commercial development along state highways, multiple commercial structures shall be grouped or placed in proximity of one another so as to create a relationship between businesses through physical connection and to preserve as much open space as possible.

The site shall be planned to accomplish a smooth transition with the streetscape, and to provide for required planting, pedestrian movement, and parking areas.

Shape the site to take full advantage of existing natural features, such as mature trees, rock outcroppings, slopes, stone walls or streams.

Landscaping

All development along state highways shall incorporate a landscape plan. Stress plantings along the public frontage. Parking lot edges should be generously landscaped with the intent of softening the look of the development from state highways.

Use low maintenance native plant materials.

Where grading is necessary for the construction of structures and paved areas, the grading should blend with adjacent landforms through the use of contour grading rather than harsh cutting or terracing of the site. Grading should not create problems of drainage or erosion on its site or adjacent property.

Access and Parking Lots

Whenever practicable, the use of shared driveways shall be used to reduce the number of access points to state highways.

Where possible, off-street parking should be located at the rear or side of buildings.

Off-street parking should be screened from a public street or residential uses.

ARTICLE 7 - SUPPLEMENTARY REGULATIONS

Section 7.01 Shoreline Regulations.

A. General.

Section 7.02 Waterfront Access Lots.

A. General Standards.

B. Dimensional Requirements.

C. Design Standardsfor Waterfront Access Lots.

D. Prohibited Grants of Contractual Access.

Section 7.03 Docks, Moorings, Floats and Boathouses.

A. General.

B. Docks

C. Moorings and Swim Floats.

D. Boathouses.

Section 7.04 Signs.

A. General Provisions.

B. Signs Not Requiring a Permit.

C. Signs Requiring a Permit.

D. Prohibited Signs.

E. Illumination, Design and Size.

F. Location of Signs.

G. Maintenance and Continuation.

H. Sign Permit Procedure.

I. Fees for Sign Permits.

J. Issuance of a Permit

K. Enforcement Procedure.

L. Permits Not Transferable.

M. Measurement of Sign Area.

N. Unsafe, Illegal and Obsolete Signs.

0. Non-Conforming Signs.

Section 7.05 Junkyard Regulations.

A. Intent

B. Location Requirements.

C. Aesthetic Considerations.

D. Fencing.

E. Environmental Protection.

F. Pre-existing Junkyards.

G. Operating Permit.

Section 7.06 Off-Street Parking and Loading.

A. Off-Street Parking.

B. Off-Street Parking Schedule.

C. Off-Street Loading.

Section 7.07 Tourist Accommodations.

A. Land Area.

B. Off-Street Parking.

C. Shoreline Frontage.

D. Setbacks for Cabin Colonies.

Section 7.08 Multiple-Family Dwellings.

Section 7.09 Mobile Home Parks.

A. Site.

B. Mobile Home Lots.

C. Accessibility.

D. Utilities and Service Facilities.

E. Open Space.

F. Landscaping.

Section 7.10 Individual Mobile Homes.

Section 7.11 Travel Trailer Regulations.

A. Site

B. Occupancy

Section 7.12 Travel Trailer Campgrounds.

A. Site.

B. Travel Trailer Lot.

C. Travel Trailer Placement on Lot.

D. Travel Trailer Stand.

E. Accessibility.

F. Utilities and Service Facilities.

G. Open Space.

Section 7.13 Mining, Excavation of Minerals/Gravel.

A. Legislative Intent.

B. Mining.

C. Site plan review.

D. Site plan review Procedure.

Section 7.14 Fence Regulations.

Section 7.15 New Principal Buildings on the Same Lot.

A. Access.

B. Setbacks.

Section 7.16 Water Bottling Plants.

Section 7.17 Outdoor Storage of Vehicles.

Section 7.18 Lighting.

Section 7.19 Livestock and Other Animals.

A. Regulations.