Kent City Zoning Code
ARTICLE XXII
Environmentally Sensitive Lands
§ 77-71 Purpose.
The way in which presently undeveloped acreage in Kent is developed is of critical importance to the public interest. It is hereby declared to be the purpose of this article to maintain and protect environmentally sensitive lands in order to ensure the public health, safety and general welfare for both present and future residents of the Town of Kent. Further, it is a purpose of this legislation to create, with a minimum of administrative procedures, new zoning lots which can be developed with little or no disturbance of environmentally sensitive lands.
§ 77-72 Definitions.
As used in this article, the following terms shall have the meanings indicated:
§ 77-73 Development regulations.
A.
Residential lots.
(1)
Each residential lot created by subdivision shall have, at minimum, a ten-thousand-square-foot rectangle with a minimum dimension in all directions of 75 feet per side and a minimum depth to bedrock of four feet that does not contain any environmentally sensitive lands, nor lay beneath any existing or proposed structure or residence. The septic field and septic field expansion area shall be located and constructed within this rectangle.
(2)
Whenever the preparation of a conventional subdivision plan is required so as to establish a unit lot count (e.g., planned residential development and cluster subdivision under provisions of § 278 of the Town Law), such plan shall be prepared in accordance with the above requirements.
B.
Commercial and IOC lots. Each lot located in the Commercial or the IOC District created by subdivision shall have, at minimum, a rectangle in square feet as specified below, with a minimum dimension in all directions of 100 feet per side, and must not contain any environmentally sensitive lands.
C.
Delineation of rectangle.
(1)
The map submitted to the Planning Board for subdivision approval shall describe the proposed rectangle by two-foot contours and shall be certified by a surveyor licensed by the State of New York to include no topographical gradient greater than 15%.
(2)
For purposes of inspecting depth to bedrock, the applicant shall install within each proposed rectangle two four-inch perforated PVC pipes, no less than 60 feet apart. Said pipes shall be inserted at least four feet into the ground and shall be free of rock and debris. Additionally, an engineer licensed by the State of New York shall certify to the Planning Board that the rectangle has a minimum soil depth of four feet to bedrock.