Each one-family and two-family dwelling unit shall be individually owned and sited upon its own portion of the realty.[1]

All development proposals shall be serviced by public water and sewer.

Bedroom mix and restrictions. In order to ensure the intended variety of housing mix and opportunities for various households, the following regulations shall apply to each phase of a project unless otherwise noted. The following bedroom mixes or limits shall be required:

There shall be provided usable open space/recreation lands at the rate of 800 square feet per dwelling unit.

Parking. In addition to the two parking spaces required per dwelling unit, any cluster development shall provide an additional 1/2 space for each dwelling unit proposed. These spaces shall be provided in overflow parking lot areas that are strategically located throughout the parcel to accommodate visitor parking on site.

The proposal shall meet only the applicable provisions of § 98-25 as determined by the Planning Board and all other applicable provisions of this chapter. A yield or conventional plan is not required.

In the event that the developer or builder seeks to phase the construction of units, the parking and open space requirements shall be complete as to the particular phase being implemented prior to issuance of building permits for the next succeeding phase.

Signs permitted.

Regulations.

Permitted signs.

Prohibited signs.

Regulations.

Permitted signs.

Regulations.

Digital standard.

Permitted signs.

Prohibited signs.

Regulations.

Multiple directory signs for multiple businesses on a site.

Notes and exceptions.

Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction, but not including any advertisement of any product, and signs announcing the character of the building enterprise or the purpose for which the building is intended, during the construction period, to a maximum area of 16 square feet for each industrial or commercial use and to a maximum area of four square feet for each firm in all other districts. The signs shall be confined to the site of the construction and shall be removed within 14 days of the beginning of the intended use of the project.

Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, up to a total area of 12 square feet unless otherwise regulated by Subsection A(1)(a) of this section. Such signs shall be removed within 14 days of the sale, rental or lease of the premises.

Political campaign signs announcing the candidates seeking public political office and other data pertinent thereto, up to an area of 32 square feet for each premise. These signs shall be confined within private property and removed within 14 days after the election for which they were displayed.

A sign of the temporary poster type erected for temporary use only and displayed inside a business establishment or affixed to the outside of its show window or on the building which houses such establishment, advertising a special sale for a limited time only of goods, services or entertainment on the premises where displayed, or a similar sign not over three square feet in area advertising some civic event.

Signs directing traffic movement onto a premises, not exceeding two square feet in area for each sign. Horizontal directional signs on and flush with paved areas are exempt from these standards.

Signs of educational, religious, governmental or nonprofit organizations containing general public information, or signs of public, quasi-public, commercial, industrial or real estate development uses giving directions thereto, which uses are located off of and not clearly visible from a highway or other major street. Such signs:

Sign, advertising structure or device erected or maintained adjacent to a state park or parkway in violation of § 675 of the Conservation Law.[3]

Signs which contain or are in imitation of an official traffic sign or signal or contain the words "stop," "go slow," "caution," "danger," "warning" or similar words.

Signs or lights which are of a size, location, movement, content, coloring, shape or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.

Signs which move in any manner, consist of moving devices, have a major moving part or which may swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment.

Billboards and other advertising signs, signs mounted or rooftops and signs which project out from buildings more than one foot.

Signs may be internally lighted or illuminated by a hooded reflector.

No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color.

Exposed reflective-type bulbs and strobe lights or incandescent lamps which exceed 15 watts shall neither be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property nor be strung in a series of bulbs.

General requirements.

Spacing. These provisions are applicable to replacement of existing billboards. All distances as provided for in this section shall be measured radially from where the surface display area is visible.

Billboard surface display area; measurement.

Height of billboards. The height of a billboard may not exceed 35 feet above the natural grade of the ground on which the billboard is located.

Illumination. A billboard may be illuminated, provided such illumination is consistent with the requirements for a digital billboard as set forth herein, or is concentrated on the surface of the billboard and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of oncoming vehicles or any adjacent premises.

Appearance. Except for time and temperature signs or digital billboards as otherwise regulated herein, all billboards must be stationary and may not contain any visible moving parts, alternating or moving messages or have the appearance of having moving parts or messages. (See definition as contained in § 98-2, "Signs, digital").

Construction and maintenance. A billboard shall be constructed in such a fashion that it will withstand all winds of 100 miles per hour, and such shall be certified by a professional engineer or registered architect licensed to practice in the State of New York. A billboard shall be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.

Display.

Other applicable laws. A billboard must comply with all applicable provisions of federal and state law.

Permitting. Every billboard or modification thereto requires site plan review and approval by the Planning Board. A Town sign permit, by the Building Department, shall be required before installation or modification. Permits shall be reviewed and issued consistent with the terms of this section as well as all other applicable laws of the Town including, without limitation, the Town Zoning Law as amended from time to time. Every applicant for a billboard permit shall file with the application a certificate of insurance, certifying that the applicant is insured against bodily injury and for property damage arising out of the erection, maintenance, repair, and replacement of the billboard. Each applicant, if the permit is granted, shall be required to maintain said insurance and keep a certificate of insurance currently effective on file with the Town so long as the billboard or billboards are in existence. The certificate shall provide that the Town shall receive 10 days' written notice in case of cancellation of the policy. Any billboard in violation of the insurance requirements of this section shall be removed immediately and the cost of such removal shall be charged against the owner of the billboard. Fees set by Town Board.

The Town may place, at no cost, public service messages up to 5% of the yearly sign time for each sign per year at time chosen by the Town.

Other requirements. Billboards must otherwise comply with all other relevant regulations of the Town. The Town Engineer and the Building Inspector will enforce this subsection.

Fees. The fines for violations of this order shall be up to $1,000 per day as set by the court.

There is no limitation on the number of agricultural vehicles permitted accessory to farm uses.

In residence districts and on residential lots in all districts, licensed automobiles, commercial vehicles under one ton and motorcycles may be parked on the driveways in the front yard. Utility and recreational camping trailers, recreational camping vehicles and boats (with or without trailers) shall not be parked in front yards.

In the AR-.3 and SR-1 Districts, one licensed commercial vehicle over one-ton capacity and agricultural equipment may be parked and/or stored in conformance with the following minimum requirements:

Regulations controlling contractors' storage yards in the AR-.3 and SR-1 Districts. Licensed commercial vehicles and/or heavy equipment over one-ton capacity may be parked and/or stored on a residential lot, as accessory to a residential use, in conformance with the following minimum requirements:

In the SR-2 and SR-6 Districts, the following motor vehicles shall not be parked or left standing in any yard area or on a driveway, except for agricultural uses. This subsection shall not be interpreted to prohibit trucks being used in the rendering of a service to a premises.

In IP Districts, no off-street parking shall be permitted in the required front yard.

In residence districts, no off-street parking shall be permitted in any front yard except on the driveways of single- and two-family dwellings.

Unregistered, wrecked or partially dismantled motor vehicles of any type or design shall not be permitted to be parked or left standing in any yard area of any district.

In an LB or GC District, no parking shall be permitted within 10 feet of a street line.

No building or premises shall be built or erected, nor shall any building be altered so as to expand its usable floor area, nor shall the use of any building or premises be expanded or changed, unless there is provided a parking area on the lot upon which the use or structure is located in accordance with the Schedule of Off-Street Parking Space Requirements provided in Subsection C(1)(a) and (b), except as provided in Subsection C(2) below.

Parking space location; applicability of space requirements.

Required spaces shall be computed on a basis of 162 square feet per space (nine feet by 18 feet), exclusive of drives or aisles for access or turning movements in said parking areas. Handicap spaces shall be 10 feet by 18 feet or 180 square feet per space, exclusive of drives or aisles for access or turning movements in said parking areas.

When the number of required spaces results in a fraction, the fraction shall require one parking space.

Adequate space shall be provided on the lot to permit the placing of automobiles in a position to enter a public street or highway from said parking area in a forward direction.

If a use is not listed in the Schedules of District Regulations, then the number of required off-street parking spaces becomes the number of spaces required for the use which most nearly approximates the proposed use as interpreted by the Planning Board or as listed for such use in the latest edition of the Institute of Transportation Engineers (ITE) Parking Generation manual.

When more than one permitted use is located on a premises, the number of required off-street parking spaces becomes the sum of the component requirements. Where it can be conclusively demonstrated that one or more of such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation the Planning Board may reduce the total parking spaces required for that use with the least requirement.

Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking, other than a street, or a driveway within a front yard of a one- or two-family dwelling, which may be counted as one space.

Off-street parking areas for more than 10 automobiles shall be adequately paved, graded and drained so as to dispose of all surface waters to the satisfaction of the Town Engineer.

All off-street parking spaces within any required parking area shall be clearly marked to show the parking arrangement and movement within said parking area.

All off-street parking areas shall be maintained in good condition. Any shrubs required by this chapter as a buffer for a particular use on the same premises as a parking area, which shrubs are located adjacent to a parking area, shall be protected by a concrete curb, bumper guard or the equivalent, which shall run parallel to said shrubs, be at least five inches in height above the paved surface adjacent to said shrubs and be a sufficient distance therefrom to protect said shrubs from the impact of motor vehicles.

There shall be adequate provision for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations at which curb cuts shall be permitted by the Planning Board. Driveways to each of said curb cuts shall be at least 10 feet in width and no more than 20 feet in width in an LB, LB-SL or residential district, for a use requiring five or more spaces. In a GC or industrial district, driveways to each of said curb cuts shall be at least 15 feet in width and no more than 30 feet in width. In no case shall there be permitted unrestricted access along the length of the street or streets upon which the parking area abuts.

No building or premises shall be built or erected, nor shall any building be altered so as to expand its usable floor area for any commercial or industrial use, nor shall the use of any premises be changed, unless there is provided loading space in accordance with the use. Every building or structure, lot or land hereafter put into use for business or industrial purposes or for a hospital and which has an aggregate floor area of 4,800 square feet or more in an I or IP District or 15,000 square feet or more in any other district where such uses are permitted shall be provided with off-street truck loading spaces in accordance with the following schedule:

Shipping or receiving docks for off-street loading facilities shall have adequate access to and from a public street without using said street for maneuvering purposes and shall not be loaded nearer than 200 feet to a residential district.

Required loading spaces shall be at least 12 feet by 33 feet or of a size suitable for their intended purpose as determined by the Planning Board.

The minimum clear ceiling height of habitable dwelling spaces shall not be less than seven feet six inches in the first story and not less than seven feet four inches in upper stories.

In computing the dwelling space of half stories or attics, all portions less than five feet in height shall be disregarded.

The floor of a cellar, garage, porch or similar part of an attachment to a dwelling shall not be counted as habitable dwelling space.

In calculating habitable dwelling space, the floor area shall be measured from the outside face or center of the walls enclosing each dwelling and may include all closet space and storage areas contained within the dwelling or apartment unit, but shall not include outside patios, balconies or terraces. In the case of dwelling units above business uses or apartment buildings, utility rooms or interior hallways used jointly by occupants of more than one dwelling unit in such building shall not be included in the measurement of habitable dwelling space.

This procedure shall be followed at the discretion of the Planning Board if, in the Board's judgment, the application would benefit the Town. In addition, an applicant may request Planning Board review for a cluster development subject to the same criteria as set forth in this section.

A cluster development shall in no case result in a permitted number of building lots or dwelling units which exceeds the number that could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and all other applicable requirements pertaining to the district or districts in which the land is situated. Where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in such districts pursuant to all other applicable requirements and may authorize actual construction to take place in all or any portion of such districts. The phrase "all applicable requirements" means not only all applicable local zoning, schedule of use and area requirements, land use laws and subdivision regulations[1] but also any applicable county, state and federal laws, regulations and requirements.

As a condition of plat approval, the Planning Board may establish conditions on the ownership, use, and maintenance of such open lands shown on the plat as it deems necessary to assure the natural, scenic, agricultural, open space or other characteristics of such open lands.

No final plat shall be approved by the Planning Board until such conditions are approved by the Town Board where a Town district, easement, road or utility is involved.

The plat showing such cluster development may include areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, open or enclosed off-street parking spaces, streets, driveways, and any other features that may reasonably be required by the Planning Board.

In no case shall the provisions of this section be deemed to authorize a change in the permissible use of such lands as provided in Chapter 98 of the Town of Chester Code.

Conformance with the applicable parts of the Town of Chester Comprehensive Plan adopted May 1, 2003, and as may be amended from time to time, and Chapters 83 and 98 of the Town of Chester Code.

To help achieve the specific community-wide objectives set forth in the Comprehensive Plan, protecting not only cultural landmarks and resources but also their surrounding visual context, protecting significant agricultural lands and resources, and the rural appearance of the Town of Chester, including the preservation of natural assets such as streams, ponds, fields, trees, and critical habitat areas.

Recognition of desirable standards of subdivision design, including adequate provisions for vehicular traffic, for surface water runoff, and for creating suitable building sites for uses permitted in the applicable zoning district or districts.

Provision for the necessary community facilities to support the contemplated use, such as parks and recreation facilities, school sites, firehouses and off-street parking where appropriate.

Provision of adequate utility services in a way that minimizes adverse visual impacts.

The applicant shall submit a sketch plan for the proposed site, including the data required for a sketch plan and areas to be preserved, to the Planning Board.

The Planning Board shall conduct an initial review and discussion with the applicant to determine whether the requested use of clustering appears appropriate and desirable for the site. The Planning Board may request other information it may need in order to determine if the goals listed in § 98-25B above and § 98-25C(8) below have been addressed and that there are benefits to the Town so that the Planning Board can determine if the plan fulfills the requirements for a clustered subdivision plan.

If the Planning Board determines that clustering may be appropriate, it shall direct the applicant to prepare a yield plan to determine the number of residential lots and/or dwelling units, as applicable, which can be obtained by subdividing a given parcel. A yield plan shall be prepared in accordance with zoning requirements and conventional lot layouts. Each residential lot, its building envelope and the entire subdivision layout must comply with all applicable laws and regulations affecting the use of land, including Town, county, state and federal laws and regulations, and all applicable road requirements, including but not limited to cul-de-sac length limit. The yield plan shall comply with the basic requirements for a preliminary plat under the Subdivision Regulations (Chapter 83), although the Planning Board may waive specific requirements if it deems that such items are not necessary for consideration of the site and for the determination of allowable density thereon. The Planning Board shall render a determination of the allowable density based on an acceptable yield plan. At this time, the applicant can also submit its sketch cluster plan for the Planning Board's initial review. This sketch cluster plan will also be used for the preliminary public information meeting, as discussed below.

Once the Planning Board has agreed that the conventional or yield plan meets all pertinent requirements, then the Planning Board may hold a preliminary public information meeting at which the applicant will present both the conventional yield plan and the sketch cluster plan and the public will have an opportunity to ask questions and make comments. If a preliminary public information meeting is held, the meeting should be noticed in a paper of general circulation 10 days prior to the meeting, and the Planning Board may require additional notification. The Town Board and all residents within 500 feet of the boundary of the cluster subdivision will be notified of the preliminary public information meeting. Notification will be provided in accordance with the same procedures used for preliminary subdivision approval.

Upon receipt of acceptable cluster and conventional or yield plans as reviewed to determine conformance with the Town regulations, the Planning Board shall begin SEQRA review with the lead agency establishing process.

For the purpose of these cluster regulations, the terms "conventional plan" and "yield plan" shall have the same meaning, and a conventional plan found acceptable to the Planning Board shall serve as the yield plan to determine the total number of lots which will be the basis for the cluster or average density plan.

The Town Board will be an involved agency and will be notified at this time of the alternative plans. The Planning Board would proceed through the SEQRA process and issue a negative declaration or findings statement.

Goals for preservation of open space.

Bonus density allowed under the former § 98-25C still applies to those projects where an application was submitted to the Planning Board prior to May 2006.[2]

Open space areas would include primary conservation areas and/or secondary conservation areas.

The permissible number of lots determined by the Planning Board from the acceptable yield plan shall be designed to accommodate the mapped primary and secondary conservation areas to the maximum extent feasible. Area to be developed shall be identified first, followed by access road locations, with the lot line delineation as the last step.

Open space areas shall be designed to be visually accessible and, if appropriate, physically accessible to as many lots within the subdivision as practicable, as well as being visually accessible to the general public. Open space areas shall be maintained in as large a contiguous land area as possible. Open space areas in adjoining subdivisions shall, if possible, be interconnected in order to maximize the habitat value and integrity of the open space. Provision of limited pedestrian access to open space areas may be encouraged within the cluster subdivision unless such use is not compatible with the open space preservation such as agricultural lands, historic resources or other resources that may be adversely affected by such use.

Planning Board evaluation of layout; open space ownership and maintenance.

The Planning Board, in consultation with its attorney, shall review and approve, or approve with modifications, the certificates of incorporation and bylaws of said HOA and to require whatever conditions are deemed necessary to ensure that the intent and purpose of this chapter are carried out. In the considering of said approval, the Planning Board shall, in part, require the cluster development to meet the following conditions:

The Planning Board shall inform the Town Board of any Town Board actions required to accomplish the clustered development plan. This would include its future dedication of parkland to the Town or acceptance and review of conservation easements for which the town would be named as a holder of said easement.

The Town Board may be required to make determinations on limitations regarding the ownership and/or use of the open space land resulting from the clustered development, so that the land shall not become a public burden or nuisance.

A drainage district could be formed by the Town Board, if deemed necessary.

Other public districts as may be required based on proposed plans.

Any new structure within the Ridge Preservation Overlay District for which a building permit is required shall be located to the maximum practical extent so as not to be visible from any point on Pine Hill Road, Bull Mill Road, Black Meadow Road or on a state, county or interstate highway, and if such structures cannot be completely obscured they shall be made to blend as unobtrusively as possible into the hillside to avoid breaking the natural ridgeline.

Any proposal for construction within the Overlay District shall include a survey showing the topography of the parcel and indicating the current areas of vegetative cover of type. Such plot plan shall indicate the proposed location and elevation of the structure, all structural and nonstructural accessories thereto, and proposed grading and vegetation clearing. Said application shall also include an architectural rendering of the proposed structure, indicating the size and shape of the house, its siding color and material, window locations, size and type and roofing color.

Any subdivision showing a potential structure within the RPOD shall have a note referencing this section of the Code or a note indicating detailed plans and restrictions for specific structures for specific lots that have been approved during the subdivision process along with the restrictions imposed.

The building design.

The location of the building and nonstructural accessories, and any tree clearing required to locate the same. To the greatest extent practicable, tree clearing performed in order to accommodate such construction shall be minimized and carried out so as to avoid creating a larger or significant discontinuity in the surrounding vegetation cover, particularly avoiding situations where a tree line at the peak of a ridge is interrupted so that the backdrop of sky protrudes through such opening. Structures shall be located at lower elevations in order to avoid piercing the ridgeline.

The building color and visibility/reflectivity of broad expanses of window and/or skylight glass. Structures should be finished with earth-tone or neutral colors in order to blend in with the tree cover and should employ nonreflective glass in order to reduce its prominence.

The planting of appropriate native deciduous and/or evergreen vegetation to screen the structure or its accessories.

Recreational uses.

Conservation areas and wildlife preserves.

Agricultural and commercial agricultural operations, structures and accessory uses thereof.

Utility structures.

Parking facilities.

Notwithstanding the above, the Planning Board, upon finding that an area in an FP District described by an application submitted by an owner or his agent is safe from flooding or ponding, may permit such area to be used in accordance with the regulations, including use, area, bulk and height, specified for the principal district. An applicant applying for such permission shall produce sufficient evidence that the area covered by the application is now actually safe from flooding or ponding. Such evidence shall include an indication that means of vehicular access to the premises from an existing street is safe from flooding and may include engineering surveys and reports. Evidence shall also be submitted that sewage disposal, water supply and surface drainage are adequate to serve the intended use.

Fill and basement or first-floor elevations shall be approved by the Town Engineer.

All development plans for lands located within the Floodplain Subdistrict shall be reviewed by the United States Soil Conservation Service, the Town Engineer and the Orange County Planning Department.

Topography, using contours at vertical intervals of not more than two feet to an elevation 10 feet above the Floodplain Subdistrict boundary line. All elevations must be based on United States Geological Survey Datum.

Finished basement or first-floor elevations for all buildings or uses proposed to be located in the FP Subdistrict.

In major subdivisions as defined in the subdivision regulations of the Town of Chester.

Outside such subdivisions except one-family and two-family residences.

Retain or employ professional consultants, secretaries, clerks or other such personnel as may be necessary to assist the Review Board in carrying out its duties.

Conduct surveys of buildings for the purpose of determining those of historic and/or architectural significance and pertinent facts about them.

Formulate recommendations concerning the preparation of maps, brochures and historical markers for selected historic and/or architectural sites and buildings.

Cooperate with and advise the governing body and other municipal agencies in matters involving historic and/or architectural sites and buildings.

Advise owners of historic buildings on problems of preservation and restoration.

Application within the LB-SL District. This chapter shall apply to all buildings, structures, outbuildings, walks, fences, steps, topographical features, earthworks, paving and signs. No changes in any exterior architectural feature, including but not limited to construction, reconstruction, alteration, restoration, removal, demolition or painting, shall be made except as hereinafter provided.

Exceptions.

Notwithstanding any inconsistent ordinance, local law, code, rule or regulation concerning the issuance of building permits, no change in any exterior architectural feature in the district shall be commenced without a certificate of approval from the Architectural Review Board, nor shall any building permits for such change be issued without such a certificate of approval having first been issued. The certificate of approval required by this subsection shall be in addition to and not in lieu of any building permit that may be required by any ordinance, local law, code, rule or regulation of the Town of Chester.

Application for a certificate of approval shall be made in writing, in duplicate, upon forms prescribed by the Architectural Review Board, to the Board and shall contain the following:

A building shall be considered neighboring if it fronts on the same street as the building being considered and is the first or second house along the street in either direction or faces the building site being considered from across the street.

In considering those items listed in Subsection J(3) below, buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be alike in related location of such elements.

Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:

All of the terminology and definitions contained in this chapter which relate to the nature of sound and the mechanical detection and recordation of sound are in conformance with the terminology of the American National Standards Institute or its successor body.

As used in this chapter, the following terms shall have the meanings indicated:

Short-term rentals shall only be permitted in the SR-1, SR-2, LB-SL, and AR-3 residential zones within the Town.

Previously existing short-term rentals. A short-term rental which was in existence and being operated in any other zones prior to the adoption of this chapter shall be permitted to continue to operate under the following conditions:

Only single-family and legal, owner-occupied two-family dwellings or a mixed-use structure with a valid certificate of occupancy may be used as a short-term rental property.

Orange County hotel and motel occupancy tax. All short-term rentals shall comply with the Orange County hotel and motel occupancy tax (Local Law No. 13 of 2009). An operator of a hotel or motel may be responsible for the collection of tax on occupancy of hotel or motel room rentals. Included in the definition of "hotel/motel rooms" are short-term and/or vacation rentals and properties typically listed on sites such as Airbnb and VRBO.

In the event that a property being used as a short-term rental is located in a development that has an HOA (homeowners' association), written consent from the established HOA must be submitted with the permit application.

All short-term rental properties must be registered with the Town of Chester Building Department within 30 days of the effective date of this article and/or prior to the premises being used as a short-term rental. It shall be the responsibility of the property owner to register any short-term rental property as required by this chapter. Failure to do so shall constitute a violation of these regulations and is subject to the penalties set forth herein.

Clear signage is required to be posted within the short-term rental property to ensure the tenants, guests and invitees understand the local ordinances, occupancy limits, parking and garbage rules and have the number of the local contact.

The property owner is required to maintain a guest registry with contact information which is to be made available to the Town if/when requested.

No additional parking spaces may be added or constructed between the primary residential structure and the street without prior written approval from the Building Inspector.

No advertising or signage is permitted on the property of a short-term rental.

Large gatherings, including, but not limited to, special events and weddings, are prohibited without the issuance of a special use permit from the Building Department. Large gatherings shall be defined as 20 or more people assembling at any given time.

The following terms and conditions shall apply to all short-term rentals:

It shall be a violation of this chapter to offer or engage in short-term rentals unless the rental property has been registered with, and a rental permit is obtained from, the Town of Chester Building Department as provided in this section within 30 days of the effective date of this chapter.

The registration of short-term rental property shall be accomplished by submitting a completed registration application on a form promulgated by the Town Building Department in accordance with the provisions of this section. Such form shall contain a minimum of the following information:

Upon submission of an application for a short-term rental permit, the property owner shall contact the Building Inspector to schedule an inspection and pay to the Town a permit fee, as prescribed in the Town's schedule of fees. The Building Inspector shall then conduct an inspection of the short-term rental property to determine whether it complies with the Town Code and all applicable New York State laws, rules, regulations, codes and ordinances, and to verify the occupancy limits of the structure.

Upon completion of an inspection of the short-term rental property and ascertaining that the property meets the Town Code's requirements, the Building Inspector shall issue a registration for the property as a short-term rental and the property will then be eligible to apply for a short-term rental permit.

Registration for short-term rentals shall remain in effect as long as there is no change in the record owner of the short-term rental property. Upon a change in ownership, the new owners of the short-term rental property shall be required to once again register it before offering it for short-term rentals.

In the event that the Building Inspector denies an application to register short-term rental property, the property owner may appeal the denial to the Town Board within 30 days of issuance of notice of the denial to the property owner.

Short-term rental registration may not be transferred to any other person or property or used by anyone other than the person and property to whom it was issued.

In the event that there is any change in the information provided by a property owner in his application for a short-term rental registration, he/she shall advise the Town Building Department, in writing, of such change no later than 48 hours after such occurrence. Failure to advise the Building Department of a change in the information provided by the property owner in his application shall constitute a violation of this chapter.

Official notification for each instance a short-term rental property is rented must be made to the Town of Chester no less than 24 hours prior, and no more than 30 days prior, to each use of the short-term rental property as a short-term rental. Notification may be made via the Town's website on designated forms or can be made in person simultaneously with applications to register short-term rental property on a form promulgated by the Town of Chester Building Department.

The Building Inspector may deny an application for a short-term rental permit if the application is incomplete or the property otherwise fails to meet the criteria for grant of a short-term rental permit.

Short-term rental permits and inspections must be renewed every year.

It is the responsibility of the property owner to comply with all terms and provisions of this article and to ensure that short-term rental tenants, guests and invitees comply with this article and the terms and conditions of the rental permit. Any failure of rental tenants, guests and invitees to comply with this article and the terms and conditions of the short-term rental permit shall be attributed to the failure of the property owner to discharge his or her responsibility to ensure such compliance.

Upon receipt of a complaint or upon his/her own initiative, the Building Inspector may investigate any property for failure to comply with the terms of this article.

If, upon investigation, the Building Inspector determines that a violation of this chapter and/or of the terms and conditions of a short-term rental permit has occurred on the rental property, he/she shall issue a written notice of the violation of the property owner and shall provide a copy of the same to the Town Board.

The Building Inspector may also issue a notice of suspension if it is determined any of the information contained within the permit application is false or if the short-term rental property is found at any time to be in violation of the NYS Building Code or other aspect of the Town Code.

Revocation and suspension notices shall be in writing, shall identify the property, shall specify the violation or remedial action to be taken, and shall provide that said violation must be corrected within 10 days from the receipt of said violations unless otherwise extended by the Building Inspector. The property owner or resident agent shall take the remedial action prescribed or may file a written notice of appeal received by hand delivery or certified mail by the end of the identified period of remediation. The revocation or suspension of the short-term rental shall be stayed pending either a decision on the appeal by the Town Board or a finding by the Building Inspector that the remedial action is acceptable to correct the violation.

If more than two violation notices are issued in any twelve-month period, the property owner or registered agent will be suspended from receiving a permit for short-term rental for six months. There will be no deduction or refund of fees.

If the property owner and/or agent continues to operate while under suspension, the Building Inspector has the right to automatically revoke the short-term rental permit and issue an appearance ticket.

Violations of this article will constitute a municipal violation and will be subject to applicable penalties under this article. The penalties for violation of this chapter shall be in addition to any penalties imposed for violations of other provisions of the Town Code and NYS Uniform Fire Prevention, Building Code and Energy Conservation Code.

Conviction of violation of the provisions of this article shall be punishable by fine of not more than $500 per violation and $750 per day for subsequent offenses.

The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent unlawful short-term rental of a property in violation of this article, including, without limitation, civil actions for injunctive relief to immediately terminate any existing short-term rental occupancy of buildings, land or premises.