Chester, NY Zoning Ordinance

Nonconforming uses may continue indefinitely except as indicated in Subsection C below.

Nonconforming uses shall not be enlarged, extended, reconstructed or placed on a different portion of the lot occupied by such uses as of the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.

Nonconforming uses shall not be changed to another nonconforming use without a special permit from the Zoning Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or more restricted nature.

Nonconforming uses shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

Buildings and structures nonconforming as to bulk requirements and use.

Buildings and structures nonconforming as to bulk requirements and use shall not be moved to another location where such building or structure would also be nonconforming.

Buildings and structures nonconforming as to bulk requirements and use may be restored but not enlarged after damage by fire, accident or other act of God and the nonconforming use reinstated, provided that such restoration or replacement is commenced within six months of the date of destruction and is completed within nine months of the date of issuance of a building permit for such restoration or replacement.

Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to district regulations for lot area, lot width, front, side or rear yards, maximum height and lot coverage or other such regulation is permitted if the same does not increase the degree of or create any new nonconformity with such regulation in such building.

Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out upon the issuance of a building permit of major structural alterations or demolition necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the reason why such alterations are deemed necessary.

Cessation of certain nonconforming uses and structures.

All nonconforming billboards, advertising signs and the structures on which they are located which have been erected in the Town shall be taken down and removed on or before the expiration of three years from the effective date of this chapter, and such lapse of time shall be deemed sufficient to amortize the cost thereof.

All flashing and moving signs shall be terminated and flashing lights on signs shall be removed on or before the expiration of one year from the effective date of this chapter, which period of time is deemed sufficient to amortize the cost of the lighting to be removed or replaced.

All signs which are nonconforming as to size or location on a lot or building shall be removed or relocated and/or decreased in size to conform to the requirements of this chapter on or before the expiration of three years from the effective date of this chapter, which period of time is deemed sufficient to amortize the cost thereof.

Notwithstanding any other provisions of this chapter, any nonconforming outdoor storage of materials, such as but not limited to scrap metal, used lumber or other waste, including burned or dilapidated buildings, trash, rubbish or discarded material or machinery or one or more wrecked, unregistered or partially dismantled vehicles not enclosed within a building, shall, at the expiration of one year from the date of enactment of this chapter, become a prohibited and unlawful use and shall be discontinued, and all such materials shall be removed.

Preexisting digital signs. A digital sign installed prior to the effective date of the amendment to this chapter, is permitted to remain until the sign is replaced; provided, however, such sign shall conform to the requirements of this subsection if these requirements can be complied with without replacing the sign. A preexisting digital sign is required to comply with all sign regulations that were in effect at the time the sign was installed but can upgrade with Planning Board review of condition, location, need and compliance with Town Comprehensive Plan; approval can be conditional if given.

[Added 3-25-2015 by L.L. No. 1-2015]

§ 98-9 Exceptions to district regulations.

Existing undersized residential lots of record. Nothing shall prohibit the use of an existing undersized residential lot of record containing less than the prescribed area, width or yard requirements, as specified below, when such lot is owned individually and separate from any adjoining tract at the time of enactment of this subsection, provided that all other provisions of this chapter are met. Yard setback requirements for the following categories of lots must be the minimums specified below:

[Amended 9-9-2008 by L.L. No. 4-2008]

	Minimum Yard Setbacks
Lot Area (square feet)	Front	Side-One	Side-Both	Rear
Below 10,000¹	25	8	20	30
Below 10,000²	30	10	25	35
10,000 to 14,999¹	30	10	25	35
15,000 to 19,999¹	30	15	30	35
10,000 to 19,999²	35	15	30	35
20,000 to 29,999	35	15	30	35
Below 30,000	35	25	50	40
30,000 to 39,999	40	25	50	40
40,000 to 79,999	40	30	60	50
80,000 and over	50	30	80	60

	NOTES:
	¹	With both central water and sewer.
	²	With either central water or central sewer.

Height regulations. The height limitations of these regulations may be waived by the Planning Board for the following, provided that such areas do not exceed 10% of the total roof area to which they are a part: flagpole, spire, belfry, chimney, transmission tower or facility, aerial, skylight, water or cooling tower or elevator or stair bulkhead.

Yard requirements. The following accessory structures may be located in any required yard:

Chimneys or pilasters.

Open arbor or trellis.

Unroofed steps, patio or terrace no closer than 15 feet to the street line or 10 feet to any side or rear lot line, provided that the building complies with the yard requirements of this chapter. No side or rear yard restrictions are provided for townhouse or attached dwellings.

Awning or movable canopy not to exceed 10 feet in height above the ground level over which it is located.

Retaining wall, fence or masonry wall.

(6)

Overhanging roof not in excess of 10% of the required yard setback.

Two or more nonconforming, abutting subdivision lots not in separate ownership shall have three years from the date of this subsection to obtain a building permit under the provisions of Subsection A. Any such nonconforming lots in a subdivision granted final approval by the Planning Board more than three years prior to the effective date of this subsection may be required to be resubdivided if current engineering and environmental design criteria for water, sewer, drainage or buildable area cannot be satisfied when a building permit is applied for, for such lot or lots. In such event the Building Inspector may require that the plot be resubmitted to the Planning Board for resubdivision approval in accordance with the applicable provisions of this chapter and of the Town Subdivision Regulations.[1]

[Amended 9-9-2008 by L.L. No. 4-2008]

[1]

Editor's Note: See Ch. 83, Subdivision of Land.

Any lot in a subdivision approved by the Planning Board after the effective date of this chapter which conforms to the bulk, width and depth requirements of this chapter but which is made nonconforming as to bulk, width and depth by any future amendment of this chapter shall have three years from the effective date of the future amendment or three years from the date of final approval, whichever is sooner, to obtain a building permit under Subsection A. Any subdivision lot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this chapter and Subsection A shall be inapplicable to such a lot.

Any separate lot nonconforming as to bulk which becomes subsequently attached to other adjoining land in the same ownership shall be entitled to the benefit of the provisions of Subsection A only if the total contiguous lot remains nonconforming as to bulk after the lots become attached.

Any existing lot of record, as of the date of adoption of these regulations, owned separate and apart from any adjacent parcel, which is 10 acres or less and lies in an AR-.3 District, shall not be subdivided such that the potential number of lots created therefrom represents a loss of lots greater than 50% as compared to the potential lots which would have been created from the lot under prior zoning. The number of lots under both scenarios shall be established by the Planning Board based on plans sufficient in detail, to the Planning Board's satisfaction, to make such a determination. Any lots created under this section shall meet the two-acre lot requirements as shown in § 98-25C(1).

Flag lots. Flag or rear lots shall only be allowed in the AR-.3 District on unsubdivided parcels, and only two such lots shall be allowed per parcel to be subdivided. Any lot in excess of five acres in said subdivision shall carry a deed restriction prohibiting further subdivision of flag lots on that lot.

Construction of accessory buildings and swimming pools may be allowed in the front or side yard, but not within the required minimum setback of such front or side yard, on lots containing five acres or more. However, such accessory structure shall not be visible from the road on which the parcel fronts.

Existing undersized lots of record in nonresidential zoning districts. The use of an existing undersized nonresidential lot of record, when such lot is owned individually and separate from any adjoining tract at the time of the enactment of this subsection, may be used for a permitted or special permit use in the zoning district in which it is situated subject to site plan review by the Planning Board.

[Added 9-27-2017 by L.L. No. 1-2017]

§ 98-10 Corner lots.

Front yard setbacks and requirements are required for all yards which abut streets. The narrowest yard of a lot which fronts on two or more streets shall be deemed to be the front yard. The yard opposite the front yard shall be the rear yard and all others shall be side yards.

At all street intersections, no obstructions to vision over 30 inches in height shall be erected on any lot within the triangle formed by the intersecting street lines and a line drawn between points along such street lines 30 feet distant from their point of intersection.

§ 98-11 Accessory buildings.

A permitted accessory building may be located in any required side or rear yard, provided that:

[Amended 6-22-2016 by L.L. No. 1-2016]

Such building, except for farm purposes, shall not exceed 24 feet in height.

Such building shall be set back at least five feet from any lot line and at least 10 feet from the principal building.

Such building shall not occupy more than 30% of the required side or rear yard.

Such building shall meet all front yard setback requirements for corner lots.

No such building shall project nearer to the front street line than the principal building.

Construction of accessory buildings may be allowed in the front or side yard, but not within the required minimum setback of such front or side yard, on lots containing five acres or more. However, such accessory structure shall not be visible from the road on which the parcel fronts.

In all residence districts, a private garage is permitted only on the same lot as a dwelling.

No garage in a residential or LB District shall provide storage for more than one motor vehicle for each 25 feet of lot width or major fraction thereof, or more than one vehicle for each 2,500 square feet of lot area or major fraction thereof, nor for more than eight motor vehicles in any case, of which not more than one vehicle may be a commercial vehicle.

Accessory buildings.

[Amended 6-7-2005 by L.L. No. 2-2005; 6-22-2016 by L.L. No. 1-2016]

Accessory buildings shall have no living space unless the accessory building is expressly for the purpose of providing living space, such as a caretaker's or manager's unit, which is provided for elsewhere in these regulations.

Exception: The LB-SL District shall allow accessory buildings to have living space as approved by the Building Department or the Planning Board.

Setbacks in § 98-11A shall apply.

§ 98-12 Removal and excavation of soil and stripping of topsoil.

[Amended 3-6-2007 by L.L. No. 2-2007]

Removal or excavation of sand, gravel, shale, topsoil, black dirt or similar material in excess of 100 cubic yards in any 12 consecutive calendar months shall be permitted only if:

Such use is authorized by the Planning Board in accordance with the provisions of § 98-30 of this chapter. A building permit may also be required under certain circumstances as delineated in § 50-4 of this Code.

The proposed operation shall have a particular time limit for completion of either the entire operation or each stage of the entire operation as imposed by the Planning Board.

The proposed operation shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind.

The proposal shall include a rehabilitation plan for the site or portions of the site related to each stage of the operation, showing both existing and proposed final contours after operations are completed.

The proposals shall indicate how adjacent properties and the public will be protected from the hazards of the operation in terms of both on-site activity and off-site traffic generated by that activity.

After any such operation the site shall be made reusable for a use permitted in the district in which the site is located. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth two feet thick or original thickness, whichever is less, capable of supporting vegetation. Fill shall be of material approved by the Planning Board.

No slope in excess of 60% shall be created at any time within 25 feet of an adjacent property.

Where any open excavation will have a depth of 10 feet or more with a slope of more than 60%, there shall be a substantial fence, approved by the Planning Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 25 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses as required by the Planning Board.

The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.

That portion of access roads located within 500 feet of any lot in residential use or lot zoned for residential uses shall be provided with a dustless surface.

The top of the natural slope in cut for any excavation, and any mechanical equipment, shall not be less than 25 feet from any lot line.

Proper measures, as determined by the Planning Board, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated material upon the site.

At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.

No building shall be erected upon the premises except upon the issuance of a building permit in accordance with the regulations contained in this chapter. Temporary buildings for machinery and field offices may be permitted, subject to approval of the Planning Board.

No screening, sifting, washing, crushing or other forms of processing shall be conducted upon the premises.

Before site plan approval is granted, the owner or his agent shall execute a certified check made payable to the Town of Chester or a bond sufficient in the opinion of the Planning Board to secure the rehabilitation of the site in accordance with the approved site plan. Such bond shall also be approved by the Town Board as to form, sufficiency and manner of execution and shall run for the same term as the site plan approval. The amount of such bond may be reduced when, in the opinion of the Planning Board, a lower amount will be sufficient to accomplish its purposes. In the event the owner or his agent does not fulfill the conditions of the bond, the Town shall, after due notice to the operator and to his bonding or surety company and upon their failure to comply with the terms of the site plan approval, proceed with its own forces or by contract and shall charge the costs to the owner, his agent or the bonding or surety company.

Before site plan approval is granted, the owner or his agent shall pay the Town Board a nonrefundable fee of $0.02 per cubic yard for estimated yardage to be removed during the term of the site plan approval.

No more than five acres of land shall be excavated during any one period of time.

No operation shall take place within 1,000 feet of a residential district between the hours of 7:00 p.m. and 7:00 a.m. on any day, and no operations of any kind shall take place on Sundays or legal holidays.

Any area of land from which the topsoil has been removed or covered with fill shall be treated as set forth in § 98-12F and seeded to provide an effective cover crop within the first growing season following completion of such operation.

§ 98-13 Stormwater runoff.

[Amended 3-6-2007 by L.L. No. 2-2007]

Applicability. This section shall be applicable to all land development activities within the Town of Chester outside the incorporated village unless specifically exempted.

The Town Highway Superintendent and the Town Engineer shall be the Stormwater Management Officers for the Town and shall accept and review all stormwater pollution prevention plans and submissions.

Each application for land development shall be accompanied by a stormwater management plan or statement of exemption which shall be certified as conforming to the requirements of this section by a licensed professional engineer.

Applicants for any land development activities not subject to review as provided for herein or in the Subdivision Regulations, Chapter 83, of the Town of Chester shall be required to submit a stormwater pollution prevention plan (SWPPP) or statement of exemption to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this section.

Applicants for any land development activity subject to Planning Board review in accordance with the Subdivision Regulations, Chapter 83, of the Town of Chester or the Zoning Law, Chapter 98, of the Town of Chester shall be required to submit a stormwater pollution prevention plan to the Planning Board, which shall direct it to the Stormwater Management Officer through the Town Planning Board Engineer for review, who shall approve the stormwater pollution prevention plan if it complies.

Exemptions. The following activities shall be exempt from review under this section:

Agricultural activity as defined in this section.

Silvicultural activity, except that landing areas and log haul roads are subject to this section.

Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

Any part of a subdivision if a plat for the subdivision has been approved by the Town of Chester Planning Board on or before the effective date of this section.

(6)

Land development activities and site plans which have been approved by the Town of Chester Planning Board or for which a building permit has been approved on or before the effective date of this section.

(7)

Cemetery graves.

(8)

Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.

(9)

Emergency activity immediately necessary to protect life, property or natural resources.

(10)

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

(11)

Landscaping and horticultural activities in connection with an existing structure.

(12)

Disturbance of less than one acre which is not part of a larger project.

Stormwater pollution prevention plan. No application for approval of a land development activity shall be subject to public review until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section.

Contents of stormwater pollution prevention plans.

All SWPPPs shall provide the following background information and erosion and sediment controls:

Background information about the scope of the project, including location, type and size of project;

Site map/construction drawing(s) for the project, including a general location map, should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges;

Description of the soil(s) present at the site;

(d)

A construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;

(e)

Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(f)

Description of construction and waste materials expected to be stored on site, with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

(g)

Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout;

(h)

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l)

A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

Delineation of SWPPP implementation responsibilities for each part of the site;

(o)

Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from overexposed areas of the site to the degree attainable; and

(p)

Any existing data that describes the stormwater runoff of the site.

Land development activities as defined herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D(3) below as applicable:

Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

Condition B: Stormwater runoff from land development activities disturbing five or more acres.

Condition C: Stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

SWPPP requirements for Conditions A, B and C:

All information in Subsection D(1) above.

Description of each postconstruction stormwater management practice.

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.

(d)

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

(e)

Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.

(f)

Dimensions, material specifications and installation details for each postconstruction stormwater management practice.

(g)

Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.

(h)

Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.

(i)

An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection I of this section.

Plan certification. The SWPPP shall be prepared by a landscape architect or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this section.

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Contractor certification.

Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

The certification statement(s) shall become part of the SWPPP for the development activity.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section.

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

Water quality standards. Any land development activity shall not cause turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Maintenance and repair of stormwater facilities.

Maintenance during construction.

The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

The applicant or developer or his or her representative shall be on site at all times when construction or grading activity is taking place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and copied to the site logbook.

Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Chester to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by the section. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney for the Town of Chester.

Maintenance after construction. The owner or operator of permanent stormwater management facilities installed in accordance with this section shall insure such facilities are operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes, as a minimum, the following:

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section.

Written procedures for operation and maintenance and training new maintenance personnel.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations of this section.

Maintenance agreements. The Town of Chester shall provide a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this section entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Chester, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

[1]

Editor's Note: Schedule B is on file in the Town offices.

Administration and enforcement.

Erosion and sediment control inspection.

The Town of Chester Stormwater Management Officer may require such inspections as necessary to determine compliance with this section and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this section and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Chester enforcement official at least 48 hours before any of the following activities:

[1]

Start of construction.

[2]

Installation of sediment and erosion control measures.

[3]

Completion of site clearing.

[4]

Completion of rough grading.

[5]

Completion of final grading.

[6]

Close of the construction season.

[7]

Completion of final landscaping.

[8]

Successful establishment of landscaping in public areas.

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

Stormwater management practice inspections. The Town of Chester Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Submission of reports. The Town of Chester Stormwater Management Officer may require monitoring and reporting from entities subject to this section as are necessary to determine compliance with this section.

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Chester the right to enter the property at reasonable times and for a reasonable time and in a reasonable manner for the purpose of inspection as specified in Subsection J(3) above.

Performance guarantee.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond in the form of a cash escrow or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by the corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town may require entities subject to this section to maintain records demonstrating compliance with this section.

Enforcement and penalties.

Notice of violation. When the Town determines that a land development activity is not being carried out in accordance with the requirements of this section, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

The name and address of the landowner, developer or applicant.

The address, when available, or a description of the building, structure or land upon which the violation is occurring.

A statement specifying the nature of the violation.

(d)

A description of the remedial measures necessary to bring the land development activity into compliance with this section, and a time schedule for the completion of such remedial action.

(e)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.

(f)

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

Stop-work orders. The Town may issue a stop-work order for violations of this section. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.

Violations. Any land development activity that is commenced or is conducted contrary to this section may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, shall be considered an aggravated violation of this section if such violation shall occur within five years of the conviction of the initial offense. An aggravated violation of this section shall be an unclassified misdemeanor and shall be punishable in accordance with the Penal Law of the State of New York by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense committed within the same five-year period, shall be punishable by a fine not less then $700 nor more than $1,000 or imprisonment for period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this section, the Stormwater Management Officer may prevent the occupancy of said building or land.

(6)

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable period of time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(7)

Fees for services. The Town may require any person undertaking land development activities regulated by this section to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town or performed by a third party for the Town.

§ 98-14 Fences and walls.

All fences and walls shall conform to corner lot requirements where applicable concerning obstruction of vision (§ 98-10B) and location in front yards of corner lots (§ 98-10A).

Fences and walls not exceeding six feet in height shall be permitted in any yard or along the edge of any yard, provided that no fence or wall along the sides or front edge of any front yard shall be over four feet in height for open fences or over three feet in height for solid fences. This section shall not apply to fences or walls approved for buffering or screening by the Planning Board during the site plan approval process.

§ 98-15 Lighting of properties.

Floodlighting of residential buildings and front, side and rear yards is permitted. No floodlight, spotlight or other light shall be erected in such a manner that its beam shall be directed in whole or in part toward a street, road or highway or toward adjoining property or in any way or manner that will cause a traffic hazard due to its glare.

Lighting of commercial, industrial and residential properties subject to site plan approval.

Outdoor lighting facilities of any kind where the light source is visible from outside the property lines, or where glare extends beyond the property lines or creates public hazards to traffic or public streets are prohibited.

All luminaires for commercial, industrial or multifamily parking areas or private roads and drives shall be pulse-started metal halide cutoff-type shoe box units with a flat glass lens attached to a pole or building on a fixed arm with the flat glass lens oriented parallel to the ground. Lighting in the LB-SL Zones, SR-2 and SR-6 may be regulated using appropriate period lighting as approved by the Planning Board with the intent of preventing sky lighting or light pollution.

§ 98-16 Swimming pools.

No commercial or private swimming pool shall be constructed, installed or maintained on any premises unless it complies with the following provisions:

The term "swimming pool" shall mean any permanently constructed variety which will cause the retention of water to a depth of two feet or more below the level of the surrounding land, or an above-surface pool which will cause the retention of water to a depth of two feet or more, designed, used and maintained for swimming or bathing purposes and which is not readily portable.

Private pools shall be constructed or installed within the confines of the rear or side yard of a premises.

Construction of swimming pools may be allowed in the front or side yard, but not within the required such front or side yard, on lots containing five acres or more. However, such swimming pool and any accessory structure shall not be visible from the road on which the parcel fronts.

The pool shall be located at least 15 feet from any rear or side line of a premises and shall be at least 25 feet away from any septic tank and its fields.

No person, membership club or organization shall construct or have constructed a swimming pool without having first applied for and secured approval by the issuance of a permit from the Building Inspector. Upon application for permit, there shall be submitted plans and specifications detailing the pool dimensions, depth, volume in gallons and the distance of the pool from all lot lines and, if any, septic tanks and their fields; a pool fencing proposal shall also accompany these specifications.

After issuance of permit, construction or installation shall be accomplished within a sixty-day period; otherwise, the permit will have expired. The Building Inspector may authorize in writing an additional extension period not to exceed 20 days. If construction of a below-surface pool is not completed within the sixty-day period or extension thereof, any excavation shall be completely filled and the surface restored to its original state.

All material used in the construction of a swimming pool shall be of durable quality and waterproof and designed so as to facilitate its emptying and cleaning. Filter pumps and other mechanical devices shall be located at least 20 feet away from any adjoining premises so as not to interfere with the comfort, health and safety of the occupant of the adjoining premises.

A fence or enclosure of substantial design contiguous to the pool area and not less than 3 1/2 feet in height shall be constructed to completely surround a swimming pool having a depth of two feet or more below ground level. The fence shall be constructed during the sixty-day or extension period. The gate or door opening providing access into the pool area shall be of the same height as the fence or enclosure and shall be equipped with a self-closing and latching device. Any access ladder or steps used in connection with an above-surface-type swimming pool shall be removed when not in use.

Any lighting and electrical fixtures, wiring and installation shall be in accordance with the standard practices as required by the National Electric Code.

Above-surface pools shall be exempt from the fencing requirement unless the Building Inspector shall determine that safety conditions warrant the installation of complete or partial fencing not to exceed the maximum requirements for below-surface pools. Any appeal from a decision of the Building Inspector on fencing shall be made to the Zoning Board of Appeals and shall follow the procedure required in seeking a variance.

If any swimming pool is abandoned or permanently discontinued, the owners of the land upon which it is located shall completely fill the pool area and return the surface to its original state.

All swimming pools shall be provided with drainage to a drainage easement or swale or storm drain, but in no case to a sanitary sewer or toward the direction of a septic field. Below-surface pools shall be provided with washed gravel or crushed stone on the exterior of the pool sides where deemed necessary by the Building Inspector for proper drainage.

No pool located on a lot which is served by a public or central water system shall have its initial filling or seasonal refilling provided from the central water supply system.

Aboveground pools shall be leveled and not located on fill areas.

Safety covers capable of being adequately secured shall be required on all pools during normal off-season periods.

§ 98-17 Prohibited uses.

The following are prohibited uses in all districts:

Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution, or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause damage to the soil and streams or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination on or from which such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.

Amusement parks and circuses and related activities, except for a temporary period on special license from the Town Board.

Junkyards or sanitary landfills, except as established as an official Town facility or duly licensed by the Town Board and Orange County Department of Health.

The removal of black dirt, except as part of a farming operation.

Any building or structure or any part of a drainage or disposal system located within 100 feet of any pond or reservoir, lake or watercourse tributary thereto which is part of any water supply system.

No building or structure shall be located within the designated floodways and/or floodplains of Seeley Brook, Trout Brook or Black Meadow Creek or any other floodways/floodplains as designated by the Federal Emergency Management Agency except in conformance with the flood damage prevention requirements as set forth in Chapter 52 of the Code of the Town of Chester.

Travel trailers may not be occupied in any district as a dwelling except in travel trailer courts.

Resource recovery operations, including but not limited to reprocessing, recycling, processing and storage of chemical compounds, solvents, industrial wastes and by-products.

Chester City Zoning Code

ARTICLE III

Regulations Pertaining to All Districts

§ 98-8 Nonconforming buildings, structures and uses.

Nonconforming uses.

Nonconforming uses may continue indefinitely except as indicated in Subsection C below.

Buildings and structures nonconforming as to bulk requirements and use.

Buildings and structures nonconforming as to bulk requirements and use shall not be moved to another location where such building or structure would also be nonconforming.