Membership clubs shall be conducted as a service to members and not as a business enterprise.

Permitted uses for a membership club include private playgrounds, golf clubs with or without restaurant facilities, swimming pools not closer than 150 feet to any lot line, tennis courts and clubhouses.

Prohibited uses for a membership club include the use of any kind of motorized vehicle such as stock cars, go-carts, motorbikes, ATVs, snowmobiles, etc., outdoor firing ranges and outdoor use of firearms, outdoor archery, outdoor paintball facilities and outdoor public-address systems. Nothing in this prohibition against the use of motorized vehicles shall be construed to forbid the use of motorized equipment such as lawn mowers and the like in the course of maintaining the facility; nor shall it be construed to prohibit the use of motorized golf carts for the use of golfers at golf course membership club.

The requirements of Subsection J(1) through (5) of § 98-29J shall apply if a filling station is included on the site.

Entrance and exit driveways should be located at least 10 feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicles backing across any accessway.

The area devoted to the outdoor storage of motor vehicles or parts thereof, for any purpose other than daily parking, shall be screened from view of persons on adjacent streets or property by enclosing such areas with a solid opaque fence or wall eight feet high or locating them inside a building.

Premises shall not be used for sale, rent, or display of automobiles, trailers, mobile homes, boats, or other vehicles.

The operator of the bed-and-breakfast establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.

Bed-and-breakfast establishments shall be permitted accessory only to single-family detached dwellings. However, in no case shall bed-and-breakfast establishments be permitted as an accessory use to a single-family detached dwelling having physical access only to a private road. The driveway serving the bed-and-breakfast residence shall have direct physical access to a public road.

Full vehicular turnaround for the single-family detached dwelling and the bed-and-breakfast residence shall be provided unless the Planning Board waives such turnaround requirement for lots having frontage on an access to a minor street.

The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.

Not more than four bedrooms of the single-family detached dwelling shall be permitted to be used for rental purposes. Upon conversion of any portion of floor area in the single-family residential dwelling to a bed-and-breakfast residence establishment, the dwelling shall retain at least one bedroom for the exclusive use for the owner of the dwelling to which the bed-and-breakfast residence is accessory.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

The sanitary and water supply systems serving the dwelling shall be found to be adequate to meet the needs of the dwelling, together with the bed-and-breakfast residence use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use. Water supply quality and quantity testing shall be specified by the Planning Board, performed prior to approval, and the Planning Board shall ensure that septic areas provide for adequate expansion area according to Health Department requirements. Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom, plus adequate restaurant parking for a bed-and-breakfast inn.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.

If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guest of the bed-and-breakfast residence, those improvements shall be part of the approved site plan.

Food service shall be limited to those renting rooms.

Bed-and-breakfast inns shall not be subject to the limitation on the number of rooms rented and to the owner-occupancy requirement in Subsection C(1) and (5) above. However, an owner or manager shall be on site at all times.

Bed-and-breakfast inns may have full-service restaurants.

Bed-and-breakfast inns must be located fully within a one-mile radius of the Sugar Loaf LB-SL District with direct access to a state or county highway or Town collector road.

Bed-and-breakfast inns shall be subject to the requirements of Subsection C(6) through (9) above.

All open, unenclosed or partially enclosed storage of building contractor's material and/or equipment shall be limited to the side or rear yards of a parcel where allowed, but not within the required side or rear yard setbacks. Such storage areas shall be specifically designated on an approved site plan; and no storage shall take place except in areas specifically approved for such purpose.

The Planning Board may require the storage of some types of building materials within an enclosure if it deems necessary to retain the material on the site or for other appropriate public health, safety and welfare reasons.

All open or unenclosed storage of material and/or equipment shall be screened so as not to be visible from adjacent parcels or streets. Such screening shall be required to be maintained for the duration of the use.

Equipment or material may be stored within a fully enclosed structure with no limitations, subject to the building setback requirements.

No repair or washing of equipment or material shall take place on the site without the express approval of the Planning Board.

In areas that are not served by central water supplies, interments shall not take place within 100 feet of a property line, or within 200 feet if located above-grade of residentially zoned parcels.

Provision shall be made to restrict vehicular access during nonbusiness hours.

Internal site roadways shall be not less than 15 feet wide and finished with a dustless surface.

Any structures located on the site such as an accessory office or storage, garage and equipment building shall be located a minimum of 50 feet from any property line.

Buildings shall be set back a minimum of 50 feet from any property line.

All structural as well as nonstructural uses of the property shall be indicated and identified on the plan. Nonstructural uses, including but not limited to picnic areas, play areas, gathering areas, etc., are required to be shown on the site plan.

Outdoor public address systems are prohibited.

Access and circulation.

Religious uses should be situated on sites with access to public water and sewer infrastructure.

The principal building and accessory uses must be on a contiguous site.

Accessory uses shall be subordinate in area, extent, and purpose to the principal use.

All exterior lighting shall be shielded and/or directed away from residential areas.

Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise or odor impacts to adjacent residential areas.

Outdoor activity areas shall be oriented away or sufficiently buffered from adjacent residential areas to prevent disturbance of the peaceful use of such areas by residents.

Lot area requirements are 175% of the requirement for a single-family dwelling.

Conversion of the dwelling shall not impair the appearance of the dwelling as a single-family detached structure, so as to make the building appear incompatible with the appearance of surrounding residential neighborhood.

A minimum habitable area of 750 square feet shall be provided for each unit.

Adequate parking, water supply and sanitary disposal must be provided for both units. The location of the existing well and septic system shall be shown on the site plan. Expansion of the septic system and/or a new well may be required if there is evidence that their capacity is not adequate for the units proposed, based upon current engineering and health standards of the Town, county or state.

Each dwelling unit shall contain its own separate and private bathroom and kitchen facilities wholly within each dwelling unit.

Intent. The Town of Chester finds that our children are a precious natural resource and, as such, deserving of high-quality care and attention, especially during the critical early formative years. In today's economy, many parents are employed outside the home and must provide care for their children. The Town finds that it is in the best interest of the community to promote opportunities for child care and to make certain that such care is regulated to the extent that each child may be free from harm, injury or threat thereof.

Regulations.

Documentation required.

Compatibility. Before approving any fast-food or drive-up or drive-through establishment, the Planning Board shall consider and regulate the following:

Conditions. Any such use shall meet the following conditions of operation:

The lot area shall be not less than 20,000 square feet and have a minimum frontage along the principal roadway of at least 200 feet.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

All fuel pumps and tanks shall be located at least 25 feet from any building, structure or street line.

Fuel pump canopies may be located in a required front yard, but shall be located with a front yard setback of at least 25 feet unless otherwise restricted.

Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

Convenience stores located on the same lots as a filling station shall be limited to 1,000 square feet in total area, and larger stores shall require larger minimum lot areas as follows:

Diesel fuel pumps shall be no more than 25% of all retail fuel pumps.

Car wash facilities shall be allowed as part of a filling station. Where car wash facilities are provided, the applicable provisions of § 98-29I as regulating the drive-through element shall apply.

Not more than two employees are engaged in such production or process.

The area used for the production process shall be fully concealed from any street or residence and shall be not greater in area than 50% of the area devoted to retail use.

One thousand five hundred square feet of lot area is required per room.

Permitted accessory uses include a restaurant or coffee shop not to exceed 10% of the site, an auditorium or conference center, a swimming pool and related facilities for the exclusive use of guests.

Where the use of conference facilities is not strictly limited to overnight guests, additional parking shall be provided for the conference center as a separate use with not more than 20% credit granted for overlapping parking use.

Motels or hotels shall permit transient guests only, for stays limited to not more than 14 consecutive nights.

This category shall include repair, service and sales of the following: automobiles, camper trailers and mobile homes, trucks, boats and snowmobiles.

Vehicle lifts or pits, dismantled or wrecked autos, all parts, supplies and major maintenance and servicing shall be located within a fully enclosed building.

If fuel pumps are to be included at the site, no gas pump shall be within 30 feet of any lot line. Adequate vehicular circulation area shall be provided around the pumps so that a vehicle that is being fueled does not obstruct site circulation.

Adequate parking shall be provided for vehicles being serviced on the lot at any one time.

Area(s) to be used for parking and/or displaying vehicles for sale shall be specifically shown on the site plan. In no case shall vehicles for sale be allowed to be parked or displayed so as to impede sight distance or to create any other potentially hazardous condition.

Car wash facilities may be included with such use solely for maintenance of vehicles being serviced or sold.

The Planned Adult Community (PAC) District is intended to provide for planned adult communities where permitted in the zoning district tables as a floating zone. In order to be designated as a PAC such a parcel shall contain at least 25 acres and shall be located either on state or county roads or shall have direct access to such roads via new private, Town or village collector roads without traveling through existing residential subdivisions. In order to demonstrate suitable acreage and access a concept plan shall be provided showing roadways, open spaces, housing areas, wetlands, recreation areas and other site features in a broad conceptual fashion adequate for the Town Board to determine suitability of the site for a PAC District. Such properties must also be proven capable of providing central water and sewer services or of being provided with the same. Upon approval of the property rezoning as a PAC by the Town Board, the use would be allowed subject to site plan approval by the Planning Board.

Planned adult communities would be subject to the following conditions:

Elementary schools (K-3): minimum lot area shall be as outlined per student below.

Elementary schools (K-6): minimum of four acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Secondary schools (7-12) and colleges: minimum of 11 acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Access and circulation.

Outdoor play areas and/or fields for various sports shall be provided sufficient to meet the needs of the student body, with playing areas to be located on slopes less than 5%. Said play areas shall be located so as to avoid creating a nuisance to adjoining property owners, and shall incorporate physical separation, screening and other measures for this purpose. No outdoor lighting shall be provided for playing fields without the express approval of the Planning Board upon a finding that such lighting will not create a nuisance nor a harmful visual impact that is inconsistent with the surrounding neighborhood.

All schools shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code.

Schools should be situated on sites that have access to public water and sewer infrastructure.

This shall include but not be limited to transmission towers and rights-of-way as well as structures such as telephone switching boxes. Rights-of-way and lot bulk and setback requirements shall be established by the appropriate approval agency. Where no other agency has established bulk or setback requirements, the Planning Board shall establish the same as it deems reasonable and necessary based on the specific use and the public health and safety requirements appropriate to the same; e.g., if the use is a tower, adequate setbacks shall be provided for safe "fall" zones and for protection from blowing ice.

Transmission towers, utility poles and towers and water towers, to the extent allowable by law, are subject to the Ridge Preservation Overlay District standards in § 98-26. Any such structure shall be located 1 1/2 times its height from any adjacent nonutility structure as a hazard and safety requirement.

These special requirements are intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operations characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area, and the secondary control is for the purpose of preventing such uses from located excessively close to sensitive receptors such as schools and churches.

Regulated uses; restrictions:

Regulated adult uses shall be permitted where indicated in the Schedules of Use and Area Requirements for the Town of Chester zoning districts,[1] subject to the following additional restrictions:

Exterior display prohibited. No regulated adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property containing a regulated adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

Severability. If any provision of this chapter or the application of any provision to any item in § 98-29Q is held invalid, the invalidity of that provision or application shall not affect any of the other provisions or the application of those provisions to other items in this chapter, section or paragraph.

Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii where applicable to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet for either one- or two-way traffic flows.

Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Planning Board approval of the exterior finish of the same and other elements in Subsection R(3) below. Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection R(3) below.

Aesthetic, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well-landscaped and maintained facility and to avoid a monotonous or fortress-like appearance to the extent that the facility may be visible off site. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including their roof pitch, shall be reviewed by the Planning Board as to their conformity with surrounding structures and community character to the degree said structures are visible to other properties. Security lighting shall be provided on the site, but in no case shall lighting be directed so as to cause a nuisance or hazard to other properties.

Limits on building length and height.

Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, hazardous materials, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site either by lessees of storage units or by the owners or operators of the site. Parking spaces required pursuant to Subsection R(10) below may not be rented as nor used for vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection R(10) below may be provided for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft except that, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage shall be permitted subject to Planning Board approval. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles at a self-service storage facility.

Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single, self-service storage facility.

Drainage. Adequate drainage control measures shall be provided on the site so as to avoid increasing the existing rates of flow off the site. Provision shall be made for protecting the quality of the surface water runoff from the site both during the operation of the site as well as during its construction.

Signs. The provisions of § 98-21 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. In no case shall any signage or other attention-getting devices be mounted to the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.

Accessory uses. A leasing office for the purpose of leasing the units within the self-service storage facility may be provided on the site. A manager's apartment may be provided for the use of a resident, on-site manager in addition to an accessory leasing office. The combined total size of the manager's apartment and the leasing office may not exceed 1,200 square feet.

Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to that required for the remainder of the facility.

Separation requirements. A self-service storage facility shall be separated from another self-service storage facility by a straight line distance of 1,500 feet.

May be included as part of a senior housing or planned adult community.

If not part of such a use the project must have direct access to a state or county road and be buffered from surrounding uses in accordance with LB or GC buffer requirement of § 98-19.

Purpose. In order to provide a large number of affordable housing opportunities for senior citizens in the Town and to provide adequate review and supervision of development by requiring both conceptual and specific plan approval under the rules for site plan review or the subdivision regulations. The Town Board may authorize senior citizen housing projects based upon the standards and procedures spelled out below.

Gross density. The Town Board, upon the recommendation of the Planning Board, may authorize the Planning Board to modify those sections of this chapter relative to lot dimensions, building setbacks and density in the further subdivision or site plan of properties when necessary to comply with provisions in this section.

Location. This type of housing is distinguished from active adult, planned adult or other over 55 communities in that it is regulated by the NYS Division of Housing and is only for families or individuals on strict limited incomes. Residents must be 60 to apply but the average age is over 70 and their activities are usually limited. As a result, such housing must be located in close proximity to one or more of the following facilities or uses: church, community facility, stores and shops, banks or post office. Close proximity, for the purpose of this section, is deemed to be 1/4 mile as measured in a straight line between properties.

Housing described in this section is regulated by the NYS Division of Housing and shall exist or be designed and constructed for the needs of seniors and is subject to the management or other legal restrictions that require all of the units to be occupied by persons 60 years of age or older. Notwithstanding the foregoing, adults under 60 years of age and children may reside in the units where:

Assurances for senior citizen and affordable housing projects.

The applicant proposing an affordable senior citizen housing development shall assure the Town Board with the necessary market analysis and documentation to the satisfaction of the Town Board that there is an identifiable need for the project proposed.

Each townhouse dwelling shall be situated on a lot with a minimum width of 20 feet, a front yard depth of 15 feet, a rear yard depth of 30 feet and a lot area of 2,000 square feet. If side yards are provided they shall be at least 15 feet wide.

No more than six townhouse dwelling units shall be allowed per acre regardless of the number of bedrooms per dwelling. No more than three bedrooms are allowed per dwelling.

Each townhouse lot shall front on a public or private street.

There shall be provided on the townhouses or multiple-dwelling site usable open space at the rate of 700 square feet per dwelling unit. For every dwelling unit containing three or more rooms, there shall be provided usable open space for outdoor play area for children at the rate of 100 square feet per dwelling unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be reserved and maintained by the owner or home association and may be suitably fenced or screen planted. Such outdoor play area for children may be counted as part of the required usable open space per dwelling unit.

Each principal residential building shall contain no more than eight residences. In any principal building with four or more residences the front and rear facades shall be offset by at least four feet for every two dwellings.

Townhouse dwelling units with three bedrooms shall not exceed 20% of the total number of dwelling units in a development located in a single project. For the purposes of this section, any rooms other than bathrooms, kitchens, living rooms and an open dining alcove or area shall be considered a bedroom.

If the rear of any principal building shall be opposite any other principal building, it shall be distant therefrom not less than twice the average height of the opposite bounding walls.

The side of a principal building, if opposite the side of another principal building, shall be separated therefrom by a distance not less than the average height of the opposite bounding walls.

Fire-retardant walls constructed of cinder block or similar material approved by the Building Inspector shall be used to fully separate all dwelling units in townhouses and multiple dwelling buildings. Such walls shall extend to the full height of said structure.

All accessory buildings, carports or garages, if not attached shall be separated from the principal building by at least 25 feet. Recreational buildings and facilities shall be separated by an adequate distance, in the opinion of the Planning Board, so that normal living conditions of the residents are not adversely impacted unless they are part of the building. Depending on the type of activities, buffered, landscaped separations may be required between uses.

All sites shall be fully landscaped by a professional landscape architect and a bond in accordance with § 98-19 shall be provided for the installation and guaranteed performance of all landscaping work performed on site. The bond shall be returned by the Town Board upon recommendation of the Planning Board in whole or in part as work is completed and as guarantee periods expire.

No outdoor kennel, runway or exercise pen shall be located within 300 feet of any lot or street line.

Adequate provisions shall be made for enclosed food storage and proper disposal of fecal mailer, so as to avoid promoting water pollution, odors or vermin.

Purpose: to provide a variety of market-rate multi-family senior housing opportunities for senior citizens in the Town and to provide adequate review and supervision of developments by requiring both approval of legal age restrictions and site plan approval under the rules for site plan review. The market-rate senior housing uses are intended to be permitted only in those SR-2 and SR-6 Zones located within one-half mile of the Village of Chester and one-half mile of the LB-SL Zone in the Hamlet of Sugar Loaf. In order to be designated as such, a parcel shall be located either on state or county roads or having direct, safe and adequate access to such roads without adversely impacting existing residential developments. Such properties must also be proven capable of providing adequate central water and sewer services or being provided with the same. Such use shall be allowed subject to site plan approval by the Planning Board. The Planning Board shall authorize market-rate senior housing projects based upon the standards spelled out below. Subsection W(13)(b) will be reviewed for such project by the Town Attorney and approved by the Town Board prior to Planning Board approval.

Minimum lot area. The minimum area shall be 10 acres.

Density.

Building coverage of a lot. For the purpose of this Subsection W only, all buildings and structures shall not exceed 25% of the site area used for permitting density calculations or the buildable area of a lot.

Height. No structure shall exceed 40 feet except domes, spires, chimneys, skylights, antennas, and other similar appurtenances so long as such structure or device does not create a hazard to abutting properties and does not exceed 10% of the roof area.

Setback requirements. No buildings or structures other than entrance gatehouses, walls, fences or signs shall be within 75 feet of the outer perimeter of the property. Buildings shall be no closer to each other than the average height of opposite bounding walls.

Buffer area and screening requirements shall include:

Allowable accessory uses incidental thereto include facilities for maintenance, administration, gatehouses, garages, off-street parking, utility systems, and recreational amenities or clubhouses, including, but not limited to, swimming pools, tennis courts, and walking trails.

The number of three-bedroom units in each market-rate senior housing development will be restricted to no more than 20% of the total unit count.

The market-rate senior housing developments shall provide facilities for public transportation on site, including but not limited to bus stops and pedestrian pathways to adjacent developments, where appropriate.

The market-rate senior housing projects shall have a minimum of 10% affordable housing units in the total unit count. Residents would be eligible for affordable housing if they make no more than 80% of the median household income in Orange County, as defined by HUD.

Market-rate senior housing would be subject to the legal restrictions that require all of the units to be occupied by persons 60 years of age or older. Notwithstanding the foregoing, individuals under 60 years of age may reside in the units under the following circumstances:

Market-rate senior housing shall be subject to the following restrictions:

Such use shall be one which is specifically listed as a use requiring site plan approval in the district within which such particular site is located.

For every such use requiring site plan approval, the Planning Board shall determine that the provisions of § 98-30D can be fully complied with, as well as all applicable sections of this chapter and all other applicable ordinances and laws.

All proposed structures, equipment or material shall be readily accessible for fire and police protection.

The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

In addition to the above, in the case of any use located in or directly adjacent to a residential district:

Process.

Sketch plan submittal requirements. A sketch plan, if prepared, shall be submitted with 11 copies to the Planning Board office at least 14 days prior to a meeting date in accordance with the Planning Board procedures described in the Subdivision Regulations, § 83-15, and shall include the following information in as much detail as possible:

Application. Application for preliminary site plan approval shall be made by appropriate application form and 11 sets of plans to the Planning Board at least 14 days prior to the next scheduled meeting of the Planning Board, along with an environmental Assessment form (EAF) and required fees. For the purposes of this chapter, the submission date shall be the date of the first regular Planning Board meeting following submission. Applications for site plan approval for apartments and townhouses shall contain a filing fee of $100, plus an application fee of $50 per dwelling unit. A filing fee of $100 for any office/commercial and/or industrial use plus $50 per 2,000 square feet or portion thereof of any proposed building space shall be required.

Submittal. The preliminary site plan application shall include the information listed below. The Planning Board may at its discretion waive any preliminary requirements which are clearly not relevant to the proposed use and site.

Review criteria and general requirements.

Decision and hearing process: public hearing, determination and scheduling.

Notification of decision. Within 62 days of the public hearing at which a preliminary site plan is considered, the Planning Board shall act upon it. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, approved with modifications or disapproved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report. The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan application. If the preliminary layout is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission of the preliminary site plan.

Application. After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan and approval for all necessary permits from state and county officials, the applicant may submit a final site plan to the Planning Board for its review and approval. However, if more than six months have elapsed between the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim; the Planning Board may require a resubmission of the preliminary site plan for further review and possible revisions prior to accepting the proposed final site plan for review.

Submittal requirements. The final site plan shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All compliance shall be clearly indicated by the applicant. The final site plan shall also include the following information:

Public hearing. A public bearing shall be held on the final site plan by the Planning Board within 62 days of its submission. Notice of the hearing shall be published at least once in the official Town newspaper at least 10 days before the hearing and by posting notice thereof by mail to the owners of property abutting the proposed site plan and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected by the application. However, when the Planning Board deems the final site plan to be in substantial agreement with an approved preliminary site plan (and modified in accordance with the requirements of the approval given to the preliminary plan if the preliminary plan was approved with modification), the Planning Board may waive the requirement for the public hearing on the final site plan.

Notification of decision. Within 62 days of the submission of final site plan, the Planning Board shall render a decision.

The provisions of this chapter under which such approval was granted are still in effect.

Such approval was granted in conformity with the provisions of this chapter.

Such approval shall be deemed to affect only the lot or portion thereof for which such approval shall have been granted.

Intent and purpose. The purpose of this subsection is to provide for adequate and effective development of parks, playgrounds and recreational facilities. The Town of Chester has conducted an analysis of recreational demands to the year 2010 and has concluded that one large, central Town park recreational facility should be developed to address this demand. In those instances where a proposed park, playground or open space shown on the Town of Chester Future Recreational Needs Report is located in whole or in part in a site plan, the Board shall require that lands comprising approximately 10% of the total area to be developed shall be reserved for said parks, playgrounds or recreational purposes. Such area or areas shall be shown on the site plan in accordance with the requirements specified below. Such area or areas may be dedicated to the Town by the developer if the Town Board accepts such dedication. The required reservation of land for recreational purposes must be specifically located and designated on the site plan.

Waiver of site plan designation of area for parkland.