A.
Approval of special use permits. The Town Board of the Town of Tuxedo
authorizes the Planning Board to review and decide upon special use
permit applications as set forth in this Zoning Chapter. The Town
Board retains authority to review and decide upon special use permit
applications for certain special uses, including community benefit
facility uses, as set forth in the Table of General Use and Bulk Requirements.[1] For purposes of this Article X, the Town Board and the Planning Board are referred to as the "authorized board."
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Based upon a legislative finding of the Town Board, the Planning
Board is also hereby empowered to resolve land use issues involving
special uses, including without limitation, vested rights and RLUIPA
claims, in a manner which is expeditious, cost-effective, and fair
in order to lessen the burdens on property owners and on the Town
while conserving judicial resources. Planning Board decisions are
judicially reviewable on a full record developed before the Planning
Board.
(1)
Nevertheless, when an applicant demonstrates that application of
a law, rule, or regulation violates its rights in some cognizable
manner and/or imposes a substantial burden on its religious practice,
it shall seek relief from the Planning Board, which relief shall be
granted unless it is found that the law, rule, or regulation is in
furtherance of a compelling public interest. In the event there is
a compelling public interest for the law, rule, or regulation, the
Planning Board shall, if possible, grant relief which is the least
restrictive means of furthering that compelling public interest.
(2)
In determining vested rights, RLUIPA, or any other cognizable claim,
the Planning Board shall consider the guidance and precedents of the
courts, both state and federal, in determining such claim.
(3)
No action or proceeding for judicial relief against the Town, its
officers, agents, or employees, shall be ripe for review unless the
applicant has sought relief from the Planning Board pursuant to these
provisions. The Planning Board shall develop a record of its proceedings.
All Planning Board decisions are reviewable by the court pursuant
to CPLR 217 or other applicable law.
C.
Objectives. On application and after public notice and hearing, the
authorized board may approve by resolution the issuance of a special
use permit exclusively for uses that require a permit under this Zoning
Chapter. In authorizing a special use permit, the authorized board
shall take into consideration the expressed intent of this Zoning
Chapter, the general public health, safety, and welfare, and shall
prescribe appropriate conditions and safeguards to ensure accomplishment
of the following objectives:
(1)
The proposed use shall be deemed to be compatible with adjoining
properties, and with the natural and built environment of its surrounds.
(2)
The site is accessible to fire, police, and other emergency vehicles.
(3)
The use is suitable to its site upon consideration of its scale and
intensity in relation to environmentally sensitive features, including
but not limited to steep slopes, floodplains, wetlands, and watercourses.
(4)
Adequate screening and separation distances are provided to buffer
the use from adjacent properties where the authorized board deems
it necessary.
(5)
The use will not negatively impact ambient noise levels, generate
excess dust or odors, release pollutants, generate glare, or cause
any other nuisances.
(6)
Parking shall be sufficient so as to not create a nuisance or traffic
hazard on adjacent properties or roads.
(7)
Vehicular, pedestrian and bicycle circulation, including levels of
service and roadway geometry, shall be safe and adequate to serve
the use.
(8)
The location, arrangement, size, operation including hours of operation,
and design of the use, including all principal and accessory structures
associated with same, shall be compatible with the character of the
neighborhood in which it is situated and shall not hinder or negatively
impact the use, enjoyment or operation of adjacent properties and
uses.
(9)
Utilities, including stormwater, wastewater, water supply, solid
waste disposal and snow removal storage areas, shall be adequate to
serve the use.
(10)
The use shall not negatively impact the visual character of
the town or neighborhood.
(11)
The use shall not negatively impact historic, scenic or natural
environmental features on-site or within the adjacent neighborhood.
D.
Waiver of standards. As stated within this article, the authorized
board, when reasonable, may waive any requirement for the approval,
approval with modifications or disapproval of special use permits
except where said waiver is specifically not authorized herein. Any
such waiver of the standards may be exercised in the event they are
found not to be requisite in the interest of the public health, safety
or general welfare or inappropriate to a particular special use permit.
No waiver can be granted by implication and any waiver must be granted
by specific affirmative vote of the majority of the full membership
of the Board based upon findings required herein.
E.
Area variance. Where a proposed special use contains one or more features which do not comply with this Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XIII of this Zoning Chapter, without the necessity of a decision or determination of the Code Enforcement Officer charged with the enforcement of this Zoning Chapter.
F.
Procedure. Any application for a special use permit shall require
site plan approval by the Planning Board in accordance with the site
plan regulations contained in this Zoning Chapter. The authorized
board shall deem that a special use permit application is complete
prior to the conduct of a public hearing on the application. Whenever
possible, a hearing on a special use permit should be held concurrently
with any hearing held on the site plan.
G.
Public hearing. The authorized Board shall conduct a public hearing
within 62 days from the date a complete special use permit application
is received. Public notice of the hearing shall be printed in a newspaper
of general circulation in the Town at least five days prior to the
date thereof. The authorized board shall cause the applicant to post
notice on the subject property indicating the date, time, and location
of the public hearing, and a brief description of the action being
considered, at least 10 days' prior the public hearing date. One notice
shall be posted along each property line adjoining a road and shall
be clearly visible from said road. Notices shall be affixed in a manner
prescribed by the authorized board. Said notice shall be removed following
the close of the public hearing.
H.
Notice to the applicant. At least 10 days before the public hearing,
the authorized board shall mail notices thereof to the applicant.
I.
Notice to the Orange County Planning Department. At least 10 days
before the public hearing, the authorized board shall mail notices
thereof to the Orange County Planning Department, as required by § 239-m
of the New York State General Municipal Law, which shall be accompanied
by a full statement of the matter under consideration, as defined
therein.
J.
Decision. The authorized board shall decide upon the application
within 62 days following the close of the public hearing. The time
within which the authorized board must render its decision may be
extended by mutual consent of the applicant and the authorized board.
K.
Filing. The decision of the authorized board on the application shall
be filed in the office of the Town Clerk within five business days
after such decision is rendered, and a copy thereof mailed to the
applicant.
L.
Existing violation. No special use permit shall be issued for a property
known to be in violation of this Zoning Chapter unless the granting
of a special use permit and site plan approval will result in the
correction of said violation.
M.
Deemed to be a conforming use. Any use for which a special use permit
has been granted shall be deemed to be a conforming use in the district
in which it is located, provided that such permit shall be deemed
to affect only the lot or portion thereof for which such permit shall
have been granted. The expansion of any special use shall require
an amendment of the special use permit by the authorized board in
accordance with the special use permit application and approval procedures
contained herein. For purposes of this section, expansion shall be
interpreted to mean an increase in the area allocated to the special
use, an increase in development coverage, or an increase in the intensity
of use, e.g., an increase in traffic or need for on-site parking.
N.
Expiration of special use permit; extension of special use permit
for good cause. A special use permit shall be deemed to have expired
if it ceases operation for a time period equal to or greater than
12 consecutive months for any reason, or if construction is not completed
within 18 months from the date of issuance. The authorized board may
consider two extensions of up to six months from the date of issuance
for good cause, as determined solely by the authorized board.
O.
Inspections. In connection with the issuance of a special use permit,
the authorized board may provide for inspections to be conducted by
the Code Enforcement Officer to ensure continued compliance with this
Zoning Chapter and any conditions of the special use permit.
P.
Renewal. The authorized board may require that a special use permit
be renewed periodically as a condition of special use permit approval.
Sixty days prior to the expiration of a special use permit, the applicant
shall apply to the Code Enforcement Officer for renewal of the special
use permit. The Code Enforcement Officer shall inspect the premises
to verify that the conditions of the permit have been met within 15
days following a request for renewal. Upon a finding that there are
no violations or noncompliance of the conditions of the special use
permit, the Code Enforcement Officer shall so advise the Planning
Board and the special use permit shall be renewed by the Planning
Board for a time period to be set at its next regular meeting. However,
where the Code Enforcement Officer finds that the applicant is not
in compliance with the special use permit or that violations exist,
then such renewal shall require Board approval and may be granted
only following a public hearing. Renewal may be withheld upon a determination
by the authorized board that such conditions as may have been prescribed
by the authorized board in conjunction with the issuance of the original
permit have not been or are being no longer complied with. In such
cases, a period of 60 days shall be granted the applicant for full
compliance prior to the revocation of said permit.
Q.
SEQRA. In its review and decisionmaking, the authorized board shall
comply with the regulations implementing the New York State Environmental
Quality Review Act.
R.
Fees. An application fee shall accompany the special use permit application
in an amount established in the fee schedule duly adopted by the Tuxedo
Town Board.
In addition to the general objectives set forth above, the following
requirements shall apply to special permit uses and shall supersede
any conflicting requirement of this Chapter. Special permit uses shall
meet all other regulations established in this Zoning Chapter unless
superseded by any standards set forth below in this section.
A.
Animal kennels, subject to the following regulations:
(1)
The minimum lot area required shall be two acres plus an additional
5,000 square feet for every 100 pounds of adult animal body weight
characteristic of the species so harbored. The Planning Board can
require a larger lot area based on the type of animals to be harbored
and the minimum area necessary to board said animals to the extent
that such larger area is necessary to protect the health and safety
of the animals and the neighborhood within which the kennel is located.
(2)
The special use permit for animal kennels shall stipulate the maximum
number and type of animals to be boarded, harbored or trained. The
special use permit shall not allow any greater number of animals than
allowed as per the calculation of minimum lot area above.
(3)
The Board shall consider the number, species, size, breed and temperament
of animals to be sheltered and impose reasonable conditions regarding
same to protect proximate uses, aesthetic impact, and safety of the
animals sheltered in order to ensure the health, safety and general
welfare of the community.
(4)
Animal waste shall be disposed in a manner acceptable to the Orange
County Department of Health.
(5)
Crematoria or land burial of animals on site in association with
a kennel shall be prohibited.
(6)
All facilities associated directly with the kennel, whether indoors
or outdoors, shall be set back a minimum of 200 feet from any property
line.
(7)
The Planning Board shall evaluate potential noise impacts and shall
minimize negative impacts on adjacent uses which may include the use
of soundproofing or limitations on whether outdoor boarding shall
be allowed in conjunction with the special use permit.
(8)
The Planning Board may require screening of outdoor runs from view.
(9)
The Planning Board is authorized to waive any of the above standards
in appropriate circumstances, upon demonstrated need by the applicant.
Each waiver must be fully supported with sound reasoning on the record.
B.
Animal hospitals, including veterinary clinics, subject to the following
regulations:
(1)
All facilities shall be maintained in enclosed buildings which shall
be of soundproof construction and so maintained as to produce no dust
or odors at the property line.
(2)
Exercise pens and runways shall not be permitted within 200 feet
of any property line.
(3)
Where an animal hospital contains kennels and/or stables for housing
animals, said animal hospital shall adhere to all requirements for
kennels and/or stables.
C.
Animal sanctuary, subject to the following regulations:
(1)
All facilities must be enclosed securely by fencing or other means,
taking into consideration the types of animals to be housed, and in
a manner deemed acceptable to the Planning Board.
(2)
The facility shall maintain its accreditation with the American Sanctuary
Association throughout its operation. A facility which loses its accreditation
shall be deemed to be in violation of any special use permit granted
to it.
(3)
Security lighting may be provided at the facility. Lighting shall
be sufficient to secure the site and shall be designed with full cutoff
and other design measures which eliminate light spillover or impacts
to the night sky.
(4)
The facility shall be required to secure all applicable permits and
approvals from county and state health and environmental agencies.
D.
Automotive gas station, subject to the following regulations:
(1)
Existing automotive gas stations; expansion prohibited. An automotive
gas station in existence on the effective date of this Zoning Chapter
shall be permitted to continue operating as a pre-existing nonconforming
use and shall be deemed to have been issued a special use permit.
No further capacity expansion is permitted. However, with approval
from the Planning Board, an existing automotive gas station may make
necessary alterations to the existing layout of the gas station, or
any increase in parking, change in a building's footprint, or alteration
in utilities located on-site if said alterations are safety and regulatory
related improvements and/or are required by the New York State Department
of Environmental Conservation. All such alterations shall require
an amendment to the special use permit and approval of a revised site
plan.
[Amended 3-28-2022 by L.L. No. 2-2022]
(2)
Prohibition on new automotive gas stations. Because of the Town's
location within a federally designated sole source aquifer and the
need to protect groundwater and surface water supplies from the potential
impacts of large capacity fuel storage tanks and additives entering
same if not maintained properly, the Town has determined that the
construction of new automotive gas stations is prohibited.
(3)
Discontinued use. Where the Code Enforcement Officer determines that
an automotive gas station has been discontinued, the owner, lessee
or motor fuel supplier of said station shall remove the tanks, gasoline
pumps, all identification signs and lighting poles and paint the exterior,
if other than brick, a neutral color within a maximum of three months
from the date of the determination. The owner and/or lessee shall
also provide adequate protection against unlawful entry into any building
and the property and shall close all vehicular entrances to the property
to prevent the storage of abandoned vehicles thereon. The owner shall
comply with all New York State Department of Environmental Conservation
standards for its closure.
(4)
Accessory uses. Other than a convenience store, the following accessory
uses shall be permitted in connection with a pre-existing automotive
gas station:
(a)
Rental trailers. An additional 100 square feet of area shall
be provided for each rental trailer. Not more than 10 rental trailers
shall be stored on a site at one time. Storage shall be behind the
front building line.
(b)
Rental trucks. An additional 200 square feet of area shall be
provided for each rental truck. Not more than eight trucks shall be
stored on a site at any one time. Storage shall be to the rear of
the front building line.
(c)
Rental combination. Where both trailers and trucks are offered
for rent, not more than 12 total trailers or trucks shall be located
on a site at any one time.
E.
Bed-and-breakfast, subject to the following regulations:
(1)
A bed-and-breakfast shall be owner-occupied and conducted in a single-family
detached dwelling. A maximum of four guest sleeping rooms shall be
permitted.
(2)
Off-street parking shall not be located in a required front yard
and shall be screened from the street right-of-way and adjacent properties
so as to provide no variation from the residential character of the
site. Off-street parking spaces for the bed-and-breakfast shall be
in addition to the number of spaces required for a single-family detached
dwelling and one parking space per guest sleeping room shall be provided.
(3)
Each bed-and-breakfast shall be maintained and operated so as to
preserve and complement the residential character of the surrounding
area.
(4)
No transient guest shall stay for a period of time in excess of 15
consecutive days.
(5)
Each guest sleeping room shall maintain such safety features as required
by the New York State Fire Code.
(6)
The owner/operator shall give reasonable access for inspections to
be conducted on an annual basis to ensure compliance with this Zoning
Chapter and the Uniform Code. Approval of the special use permit shall
be conditioned upon consent of the owner to permit said inspections.
(7)
One identification sign is permitted. Said sign or display shall
not exceed 16 square feet in area per face. No sign shall be located
less than 15 feet from the street line. The sign may be illuminated
upon approval by the Planning Board.
(8)
Employees shall not be allowed to reside in the bed-and-breakfast,
and only one nonresident employee is allowed. In its discretion, the
Planning Board may allow more than one nonresident employee, provided
it determines that said increase will not impact adjoining property
owners or the character of an existing residential neighborhood within
which the use may be located.
F.
Building contractor establishment, with exterior storage, subject
to the following regulations:
(1)
The outside storage of goods, supplies, parts, materials, or equipment
shall not be located in a front yard. The Planning Board may allow
storage within a front yard, provided it is not within the required
front yard, and only with approval by the Planning Board as part of
the special use permit. The applicant must demonstrate there is no
other place on the property to locate outdoor storage and all outdoor
storage must be completely screened from view of a public road and
all adjacent properties. No storage shall be permitted in the required
rear yard unless said storage does not adjoin a residential use or
a residential district.
(2)
Parking shall not be permitted in a required front yard.
(3)
Outdoor storage areas and parking areas shall be completely screened
from view of a public road and all adjacent properties with the exception
of rear yards that abut other contractor's establishments or industrial
uses. For the purpose of this section, "screening" shall be evergreen
trees that are no less than four inches in diameter measured 4.5 feet
from the ground. A maintenance bond in an amount acceptable to the
Planning Board shall be required to maintain the evergreen plantings
for a period of no less than three years from the date of the approval.
Where evergreen plantings are not possible because of unique characteristics
of the site, the Planning Board shall require alternative screening
in a form that completely blocks public view.
(4)
The applicant shall demonstrate that the use shall not have significant
adverse impacts related to noise, traffic, hours of operation, and
lighting requirements and shall minimize to the greatest extent practicable
any negative impacts on adjacent properties and uses.
(5)
Stockpiling of outdoor materials shall not exceed 15 feet in height,
as measured from the ground surface elevation and shall be screened
as set forth in this section.
G.
Child day-care or adult day-care center, nursery school, subject
to the following regulations:
(1)
The licensed day care provider shall submit a copy of said license
and other pertinent documents from New York State Department of Social
Services and, if applicable, the New York State Department of Education.
Where a license has expired or been revoked, operation of the day-care
center shall cease.
(2)
State licensing requirements shall be met, including those pertaining
to building, fire safety, and health codes and that such state license
copy shall be on file with the Code Enforcement Officer.
(3)
An area dedicated to the off-street dropoff/pickup of attendees which
minimizes conflicts between vehicles and pedestrians shall be provided.
(4)
For child day-care centers or nursery schools, outdoor play equipment
is not permitted in any front yard and is not permitted in a required
side or required rear yard. Equipment shall be located in a manner
that limits noise levels adjacent to adjoining residential uses. Such
area shall be at least 1/4 of the square footage of the floor area
of the child day-care center or nursery school, screened from the
road, either by the center itself, appropriate landscaping or other
methods, and contained, by fence or other means, to prevent conflicts
between adjacent properties and the facility's activities.
H.
Commercial recreational use, outdoor, subject to the following regulations:
(1)
All outdoor commercial recreation activity areas shall be set back
100 feet from any property line.
(2)
Lighting. If outdoor lighting is provided for any of the recreational facilities, including swimming pools, which permit the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. A lighting plan shall be provided in accordance with § 98-39 of this Zoning chapter.
(3)
Noise. Public address systems or any other amplified noises shall
not be audible beyond the property line.
(4)
Use of pool. The maximum number of persons permitted to use any swimming
pool shall be in accordance with NYS Department of Health and NYS
Department of State standards, or as otherwise determined by the Planning
Board in the absence of capacity standards.
(5)
Hours of operation. The Planning Board may limit the hours of operation
of said uses where it determines said limits are necessary to protect
the peace and serenity of adjoining residential uses and conform to
the noise requirements set forth in this Zoning Chapter.
I.
Conference center, subject to the following regulations:
(1)
The building shall be compatible with the rural character of the
surrounding environs, the character of the community and the natural
surroundings. The Planning Board shall review and approve the architectural
style of the building and structures, taking into consideration the
objective set forth herein.
(2)
A traffic study shall be submitted in conjunction with the special
use permit application. The applicant shall confer with the Planning
Board regarding the scope of the traffic analysis prior to the study
being conducted. The Planning Board shall evaluate the use's impact
on the surrounding road network and may limit the size of the facility
to mitigate significant adverse traffic impacts among other mitigation
measures determined appropriate by the Planning Board.
(3)
Restaurants and dining rooms are permitted accessory to the conference
center. Said facilities shall not constitute more than 10% of the
total gross floor area of the conference center building.
(4)
All parking areas shall be set back no less than 50 feet to any property
line.
J.
Cultural or performing arts center, subject to the following regulations:
(1)
The buildings and structures shall be compatible with the rural character
exhibited within the surrounding environs, the character of the community
and the natural surroundings. The Planning Board shall review and
approve the architectural style of the buildings and structures, taking
into consideration the objectives set forth herein.
(2)
The applicant shall demonstrate that adequate emergency service facilities
are provided for the proposed use. The applicant shall prepare a safety
management plan that demonstrates that adequate emergency access is
provided to the site. Police, fire, ambulance and other agencies that
are required to service the proposed development shall be provided
with a copy of the application for review and comment, and the Planning
Board shall take said comments into consideration in its deliberations.
The Town Board shall approve the safety management plan, and a copy
thereof in final form shall be filed by the applicant with the Town
Clerk and County and local emergency service organizations.
(3)
In order to minimize visual and noise impacts on adjoining parcels,
no building, parking area or road shall be permitted within 100 feet
of any property line. A combination of fencing, natural, undisturbed
areas, supplemental plantings or landscaping shall be provided to
create a separation between surrounding existing and prospective uses
and the proposed development.
(4)
A traffic study shall be submitted in conjunction with the special
use permit application. The applicant shall confer with the Planning
Board regarding the scope of the traffic analysis prior to the study
being conducted. The Planning Board shall evaluate the use's impact
on the surrounding road network and may limit the size of the facility
to mitigate significant adverse traffic impacts.
(5)
Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces. Truck-loading facilities shall be provided as required in Article VIII of this Zoning Chapter.
(6)
All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application pursuant to § 98-38 of this Zoning Chapter.
(7)
On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan shall be submitted and shall meet the standards set forth in § 98-39 of this Zoning Chapter. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.
(8)
The applicant shall furnish a master signage plan illustrating the location and design of on-site signs, which shall be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board is authorized to modify the sign standards to accommodate this master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction, and employs landscaping of such signs to enhance appearances. The Planning Board may waive the requirements set forth in Article VII to achieve the design objectives set forth herein for signs.
(9)
The application shall include an overall development plan for consideration
by the Planning Board. The overall development plan may be prepared
at conceptual level but, at a minimum, must depict those uses proposed
for development or that may reasonably be anticipated for development
by the applicant, including, but not limited to, pavilions, amphitheaters,
concert halls and other musical and performing arts performance areas,
together with major administrative, food service, interpretive, lodging,
parking, residential structures and seating facilities to accommodate
performing arts patrons. The overall development plan must also depict
off-site parking areas to service the proposed uses and the means
of traffic circulation, both automotive and pedestrian, between and
among the uses. The overall development plan must also demonstrate
on a conceptual level that the development design standards listed
above will be met or the extent to which any modifications will be
necessary. The plan need not encompass all the details required for
a site plan but shall set forth in reasonable detail the anticipated
locations within the development and sizes of all major improvements
anticipated such that the Planning Board can evaluate the overall
plan for environmental, traffic and other impacts on the community
with a view toward attaching any conditions of approval which must
be met at the time a detailed site plan is submitted for approval
for any section of the development.
K.
Dwellings in buildings with nonresidential uses (dwellings above
ground floor retail, personal service, office, or restaurant uses),
subject to the following regulations:
(1)
No dwelling shall be permitted on the ground floor of the building
unless it is at the rear of the building and does not front to a public
street.
(2)
The maximum residential density shall be determined by multiplying
the maximum residential density for the applicable zoning district
by the lot area.
(3)
There shall be a separate entrance provided to the dwelling unit
or residential portion of the structure, which entrance shall not
permit access to the nonresidential portion of the structure.
(4)
The building shall meet all other requirements of the New York State
Uniform Fire Prevention and Building Code that apply to dwellings
in structures with nonresidential uses.
(5)
Nonresidential uses shall be only those uses allowed as permitted
uses or special uses within the zoning district in which the project
is located. A separate special use permit shall be applied for and
obtained for any nonresidential use that so requires a permit.
(6)
To continue to be a valid special permit use, residential uses shall
not be continued in any building not fully occupied by nonresidential
uses on the ground floor. The special use shall expire where the ground
floor has not been fully occupied by a nonresidential use for a period
of one year or longer, and the residential uses shall be vacated.
L.
Dwelling, two-family, subject to the following regulations:
(1)
A two-family dwelling shall be served by central sewer or water.
(2)
Adequate parking facilities shall be provided to accommodate the
parking demand of both units. Parking shall not be permitted within
the required front yard. The Planning Board, in its discretion, shall
approve the location of said parking facilities to ensure that the
parking is reasonably located in relation to adjoining residential
uses and may require that same be screened from view of a public right-of-way.
M.
Dwellings, single-family attached (townhomes); dwellings, single-family
semi-attached, subject to the following regulations:
(1)
Each single-family attached dwelling and semi-attached dwelling shall
be situated on its own lot. Common facilities serving an overall development
may be located on one or more lots to be controlled by a homeowners
association.
(2)
The maximum number of dwellings in any single-family attached residential
building shall not exceed six dwellings. No building shall exceed
180 feet in length.
(3)
Each single-family attached building shall be separated from every
other residential building a distance not less than 25 feet. Accessory
structures shall be situated at least 20 feet from the nearest residential
building.
(4)
Each single-family semi-attached dwelling shall be separated from
any lot line a minimum distance of 25 feet except where attached to
an adjoining dwelling, where the minimum side yard requirement is
zero feet.
(5)
For single-family attached buildings, common parking areas and drives
shall be located no closer than 25 feet to a residential building.
A minimum of 50% of all required parking spaces, not including visitor
spaces, shall be provided in an enclosed garage within the principal
residential dwelling. Each single-family attached dwelling shall be
provided with an attached garage.
(6)
Each dwelling shall be provided a balcony or patio at least 50 square
feet which shall be situated on the individual lot. An additional
100 square feet per dwelling shall be set aside for active recreational
facilities, which may consist of tennis courts, swimming pools, clubhouse
and/or other similar amenities. These recreational facilities shall
be commonly owned and maintained by the owner of the development.
(7)
Sidewalks shall connect the residential buildings with parking areas,
public streets, recreation facilities and other amenities.
(8)
A landscaping plan, lighting plan, building elevation and floor plan
for each dwelling unit type shall be submitted for review.
(9)
Where the Planning Board deems appropriate to the design of the development,
centralized locations shall be provided on-site for solid waste storage
and recycling receptacles. Said locations shall be screened from view
by a combination of fencing and landscaping. Dumpster enclosures shall
be designed to be compatible with the architecture of the buildings.
(10)
Snow storage areas shall be indicated on any site and/or subdivision
plan and shall not interfere with required parking or traffic circulation.
(11)
Where a single-family attached or semi-detached development
is to be served by an on-site private drive, the Planning Board shall
establish the minimum number of access points to ensure adequate vehicular
access in the event of an emergency.
(12)
One sign is permitted at each permanent non-emergency access
and shall be compatible with the architecture of the development.
The maximum height of the sign shall be six feet and no face of a
sign shall exceed 16 square feet. No sign shall be located closer
than 15 feet to the street line. In addition, signs within the development
shall be allowed, subject to Planning Board approval.
(13)
Semi-attached and attached dwellings shall be subject to review
and approval of the Architectural Review Board.
N.
Dwelling, single-family detached in the Conservation Zoning District,
subject to the following regulations:
(1)
The Conservation ("C") Zoning District is intended to be a low-density,
low-intensity zoning district which allows residential uses that incorporate
expanses of open space into the overall design. To that end, the subdivision
of land for single-family detached dwellings is allowed by special
use permit in accordance with the regulations set forth below.
(2)
Exception - single-family dwelling on an existing lot. The construction
of a single-family detached dwelling on a lot in existence on the
effective date of this Zoning Chapter shall be permitted and shall
not require a special use permit. The dwelling shall meet applicable
bulk requirements for this district and shall adhere to any other
requirements set forth in this Zoning Chapter.
(3)
Cluster subdivision authority. For purposes of this special use permit,
the Town Board grants authority to the Planning Board to require the
submission and approval of a cluster development in accordance with
the requirements set forth in this section and the procedures set
forth in section 278 of New York State Town Law. Where the Planning
Board determines that a cluster development would be appropriate and
would benefit the Town, the Planning Board may require that the applicant
pursue a cluster development.
(4)
Subdivision of land to accommodate single-family detached dwellings.
Within the C district, any subdivision into two or more lots, exclusive
of any lot line change that does not create a new buildable lot, shall
be designed in accordance with the following procedures:
(a)
Subdivision application. Every subdivision application for a
property in the C district intended to be developed for single-family
detached dwellings shall submit a baseline environmental map and a
conceptual cluster subdivision plan concurrently with a conventional
plan. The baseline environmental map shall depict the following information:
[1]
Slopes over 35%.
[2]
Freshwater wetlands under the regulatory jurisdiction of the
New York State Department of Environmental Conservation (DEC) and/or
the U.S. Army Corps of Engineers, including the 100-foot adjacent
area applicable to state wetlands.
[3]
One-hundred-year floodway and floodplains as identified on Federal
Emergency Management Agency (FEMA) maps.
[4]
Properties listed on the National and/or State Registers of
Historic Places or eligible for listing by the New York State Office
of Parks Recreation and Historic Preservation for inclusion on such
registers. A cultural resource survey shall be submitted in conjunction
with the subdivision application.
[5]
Lands containing a farm operation within a New York State Agricultural
District or within 500 feet of lands containing a farm operation within
a New York State Agricultural District.
[6]
Significant viewsheds as determined by the Town Board and/or
Planning Board.
[7]
Recreational resources including lakes, ponds, streams, or other
potentially significant recreational resources both on the site and
adjoining the property.
[8]
A demarcation of all habitats on the property, including known
habitats containing endangered, threatened, or special concern wildlife
species, protected native plants, endangered, threatened, or rare
plants, or state-identified significant habitats.
[9]
Unique or unusual landforms or geological formations.
[10]
Existing or proposed trails including bikeways, hiking trails
or multiuse, nonmotorized routes of local, county, state or national
significance.
(b)
The Planning Board shall require that an applicant for a residential
subdivision present to the Planning Board a conceptual cluster plan
simultaneously with the filing of a subdivision application. The Planning
Board shall review the baseline environmental map, the cluster plan
and the conventional plan and shall require such other and further
details that the Planning Board reasonably believes necessary to evaluate
the plan. Until all reasonably requested information is submitted,
the application for preliminary approval shall be deemed incomplete.
(c)
For cluster subdivisions, the Planning Board shall make a determination
as to the maximum number of residential lots that could be achieved
based on a conventional plan. Upon evaluation of the baseline environmental
map, the conceptual cluster plan shall be revised to ensure that the
proposed cluster lots preserve sensitive environmental features to
the maximum extent practicable.
(5)
Standards for cluster subdivisions.
(a)
Minimum lot area. The minimum lot area for a subdivided lot
in a cluster subdivision intended to be developed with a single-family
detached dwelling shall be one acre, provided that every lot must
be sufficient size to accommodate an individual well and septic system,
if such systems are used, in accordance with Orange County Health
Department standards.
(b)
Front, side, and rear yards and lot widths. Appropriate minimum
yards and lot widths in a cluster subdivision depend upon the lot
sizes, the type of road frontage and the character of the subdivision.
Accordingly, yard requirements for cluster lots shall be established
at the time of plat approval and shall be shown in a chart on the
plat.
(c)
Requirements for protected open space. All cluster subdivisions
shall protect the greatest amount of open space that provides the
largest amount of benefit to the Town. No less than 50% of the subdivision
shall be set aside as protected open space.
(d)
Open space land. Protected open space may be included as a portion
of one or more large building lots or may be contained in a separate
open space lot. Such open space may be owned by a homeowners association,
one or more private landowners, a nonprofit organization, the Town
or another governmental entity, or any other appropriate entity, as
long as it is protected from development by a conservation easement.
The required open space land may not include private yards located
within 100 feet of a principal structure. To the maximum extent practicable,
the open space to be set aside shall be contiguous.
(e)
Arrangement of lots and dwelling units. Lots shall be arranged
in a manner that protects the land's conservation value.
(f)
Notations on plat or site plan. Protected open space land shall
be clearly delineated and labeled on the subdivision plat as to its
use, ownership, management, method of preservation, and the rights,
if any, of the owners of other lots in the subdivision to such land.
(g)
Permanent protection by conservation easement. A perpetual conservation
easement restricting development of the open space land and allowing
use only for agriculture, recreation (including golf courses), protection
of natural resources, or similar conservation purposes pursuant to
Section 247 of the General Municipal Law and/or Sections 49-0301 through
49-0311 of the Environmental Conservation Law, shall be granted to
the Town, with the approval of the Town Board, or to a qualified not-for-profit
conservation organization acceptable to the Town Board. Such conservation
easement shall be approved by the Town Board and shall be required
as a condition of subdivision plat approval. The Town Board may require
that the conservation easement be enforceable by the Town if the Town
is not the holder of the conservation easement. The conservation easement
shall be recorded in the County Clerk's office prior to or simultaneously
with the filing of the final subdivision plat in the County Clerk's
office. The terms of the conservation easement shall prohibit further
development except if, in the discretion of the Town Board, such development
is in furtherance of agricultural production or recreational uses
all of which must be described within the conservation easement to
the satisfaction of the Town Board.
(h)
Maintenance standards. Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to ensure that open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials. In the event that the maintenance, preservation, and/or use of the open space area(s) ceases to be in compliance with any of the requirements of the Zoning Chapter or any other requirements specified by the Planning Board when approving the cluster subdivision plat, the Town shall be granted the right to perform such maintenance as may be necessary or to otherwise assure compliance and to relevy the cost to the responsible property owner or owners pursuant to Chapter 5 of the Town Code. Such charge, if unpaid for more than 60 days, shall become a lien on the open space area and on the lots of any lot owners who share ownership of the open space area. Notwithstanding, the Town is under no obligation to maintain such open space areas.
O.
Fuel storage depot, pre-existing, subject to the following regulations:
(1)
Existing use allowed to continue as nonconforming use. A fuel storage
depot that has previously received site plan approval from the Planning
Board and has a valid certificate of occupancy shall be deemed to
have been in existence on the effective date of this Zoning Chapter
and allowed to continue operating as a nonconforming use and shall
be deemed to have been issued a special use permit. The Planning Board
is not authorized to waive this requirement.
(2)
Alterations. Any alteration to the existing layout, or any increase
in parking, change in a building's footprint, or alteration in utilities
located on-site shall require an amendment to the special use permit
and approval of a revised site plan. All alterations must be related
to the need for increased safety and/or regulatory measures pursuant
to local law or New York State Department of Environmental Conservation
requirements. Nothing herein shall allow any increase in the amount
of fuel stored on-site.
(3)
Prohibition on new fuel storage depots. Because of the Town's location
within a federally designated sole source aquifer and the need to
protect groundwater and surface water supplies from the potential
impacts of large capacity fuel storage tanks and additives entering
same if not maintained properly, the Town has determined that the
construction of new fuel storage depots is prohibited.
(4)
Emergency management plan. At such time that an applicant seeks an
amended special use permit and revised site plan, the applicant shall
also be required to submit to the Planning Board a copy of an emergency
management plan which shall govern operations during an emergency
event, which shall include but not be limited to severe rain and storm
events. The emergency management plan shall be approved by the Town
Board and the Emergency Management Officer. The Town Board, during
its review of the plan, shall refer the plan to the fire district,
emergency service providers or other agencies deemed appropriate.
Compliance with the plan shall be a requirement of the continued operation
of the fuel storage depot.
(5)
Fuel storage. The minimum distance between any tank storing fuel
or other additives and any structure with a residential dwelling shall
be 100 feet. Tanks are prohibited from being sited within the 100-year
floodplain. The Planning Board is not authorized to waive these requirements.
P.
Golf course, subject to the following regulations:
(1)
The following uses shall be permitted as accessory uses to a golf
course: clubhouse (including dining rooms, common rooms, pro shop,
social rooms, kitchen, recreation facilities and locker rooms), snack
bar/refreshment stand, a groundskeeper residence, putting greens,
practice range, parking, maintenance facility, garage, cart storage
facility, water supply impoundments, and other uses and buildings
that the authorized board determines are accessory to the golf course
use. The proposed golf course shall be integrated with any existing
development and land uses adjacent to the site, including safe locations
for golf holes (tees, holes and greens) and practice areas, as related
to adjacent roads, residential development, and other neighboring
improvements.
(2)
Where a golf course site is adjacent to, contains, or incorporates
floodplains, open water, watercourses, trails, flyways, and conservation
areas, the applicant may be required to provide and maintain an adequately
designed walking trail easement within the property open to the public
in furtherance of the Town's goal of linking open spaces in the community.
The pedestrian easement shall be located so it does not interfere
with play and shall be appropriately isolated from the general operation
of the golf course.
(3)
The applicant shall be required to provide the necessary infrastructure
and utilities, including sanitary disposal system, potable water and
irrigation water, either from on-site municipal or private systems.
The provision of infrastructure and utilities shall not have a detrimental
impact on groundwater or surface water resources.
(4)
The golf course shall have two safe and adequate access points from
one or more public roads. One of the two accesses may be provided
for emergency access only, if, in the determination of the Planning
Board, said arrangement provides adequate access. The two means of
access shall be connected internally and may be achieved by use of
a stabilized surface sufficient to allow passage by emergency vehicles.
(5)
Ample provisions shall be made for solid waste collection and storage.
All solid waste storage shall be adequately screened and buffered.
(6)
One monument sign not exceeding 16 square feet shall be permitted
at the entrance to the golf course. All other signs shall be directional
signs, and each shall not exceed four square feet. All signs, including
size, location, materials and design, shall be approved as part of
site plan approval. The Planning Board may approve an additional monument
sign at the second access.
(7)
Amplifier systems shall be designed so as not to be audible beyond
the property lines. The Planning Board shall assess potential sources
of noise, including maintenance-related noise, and may establish conditions
to minimize noise impacts on sensitive noise receptors in the vicinity.
(8)
The number of parking spaces shall be as few as necessary to serve
the golf course and accessory uses. The number shall be determined
by a parking needs study to be conducted by the applicant and submitted
at the same time as the special use permit application.
(9)
The site plan shall show minimum vegetative buffers to be maintained
between any water body, watercourse or wetland and any turf area which
is to be treated chemically. The Planning Board may retain an ecologist
and/or other specialist(s) to review the plan and determine appropriate
buffer sizes, which will depend on the specific nature of the watercourse
or wetland to be protected, including whether the same contributes
to any public water supply reservoir or impoundment. The buffer shall
be of sufficient size and designed to protect the surface water from
chemicals carried by stormwater runoff. The Planning Board may consider
alternative methods of protecting water bodies, wetlands and water
courses (e.g., diversion of runoff via swales) where it determines
that these methods are equally protective.
(10)
Special events open to the general public, such as tournaments,
shall be approved by the Town Board by issuance of a special use permit
for public outdoor amusement or outdoor entertainment. Adequate provisions
shall be made by the golf course operator to handle any crowd generated
by such an event and to satisfactorily mitigate off-site impacts,
including traffic management, parking, trash removal and waste disposal,
security and safety, and utility demand. The golf course may be required
to post a performance guarantee for these purposes. All local permissions
and permits required for a special event shall be obtained prior to
the event.
(11)
The course shall be designed, to the extent practicable, in
a manner that preserves existing woodland and wooded corridors. Clearance
of woodland shall not exceed 50% of the total acreage of the lot on
which the golf course shall be situated.
(12)
Turf management and water quality. As part of the application
for site plan approval, the applicant shall submit a turf management
plan and an integrated pest management plan specific to the operation
and maintenance of the proposed golf course. These plans shall be
prepared in accordance with any guidelines established by the New
York State Department of Environmental Conservation and shall also
take into consideration guidelines established by the United States
Golf Association. These plans must include best management practices
to prevent adverse impacts of chemical applications on the groundwater
and surface water resources to which the golf course contributes drainage.
(13)
Any adverse impacts on groundwater or surface water quality
attributable to the golf course will be mitigated by the applicant.
The applicant shall provide for the monitoring of water quality of
groundwater and surface water resources. The monitoring program, including
the timing and frequency of testing and the identification of chemical
parameters to be tested, shall be established at the time the integrated
turf management plan and integrated pest management plan are approved
as part of the application. The applicant may be required to install
permanent water-quality monitoring devices to monitor water quality
on an ongoing basis. The applicant shall hire a consultant who shall
be responsible for carrying out the monitoring program, and the cost
of the monitoring shall be borne by the applicant/owner of the golf
course facility. The results and findings of any water quality monitoring
shall be submitted by the owner to the Town to ensure compliance with
the conditions of special use permit approval.
Q.
Hotels, subject to the following:
(1)
Use. Use of a hotel site and any buildings or structures thereon
shall be limited to the usual hotel activities, as defined herein,
and accessory uses incidental to the operation of a hotel, and of
the same general character, including but not necessarily limited
to the following, provided that all accessory uses shall be planned
as an integral part of the hotel and located on the same site therewith.
(2)
Accessory uses. All space dedicated to accessory uses except for
parking and landscaped areas, and including dining rooms, swimming
pools and recreational areas whether indoors or outdoors or a combination
thereof, shall not occupy more than 30% of the total gross floor area
of the hotel. The following accessory uses are permitted, subject
to approval by the Planning Board:
(a)
Caretaker residence. One accessory dwelling attached to the
hotel and with or without kitchen facilities for the use of the hotel
manager.
(b)
Restaurant. Restaurants and kitchen areas, serving either hotel
guests exclusively or to the general public, provided that no music
or other sound shall be audible beyond the boundaries of the lot on
which the use is constructed and further provided sufficient parking
is made available to patrons.
(c)
Recreation facilities. Indoor and outdoor amusement and sport
facilities for the exclusive use of hotel guests, including swimming
pools, children's playgrounds, tennis or other game courts and game
or recreation rooms, and not including membership clubs. A swimming
pool is permitted to be outdoors and shall not be open to the general
public.
(d)
Parking. Automobile parking lots for the exclusive use of hotel
patrons and employees, and off-street parking spaces. The Planning
Board, in its discretion, may allow dedicated spaces for the overnight
parking of a recreational vehicle, or tractor trailer spaces.
(e)
Office and lobby. Office and lobby, provision of which shall
be mandatory for each hotel.
(f)
Retail sales. A small retail area for the purchase of sundries
and snacks by guests.
(3)
Guest sleeping rooms.
(a)
Occupancy. In no case are guest units to be used as apartments
for nontransient tenants.
(b)
Interconnections. Hotel sleeping rooms shall not be interconnected
by interior doors in groups of more than two.
(c)
Size. Each sleeping room shall have an area, inclusive of bathroom
and closet space, of at least 225 square feet.
(d)
The maximum number of guest sleeping rooms for any hotel site,
inclusive of all buildings, shall be 200, which maximum is not waivable
by the Planning Board.
(e)
There shall be no kitchen facilities in a guest sleeping room.
Each guest unit shall include a full bathroom, including sink, toilet
facility, and shower/bath installation. The Planning Board, in its
discretion, may allow up to 35% of the guest units to have a kitchen,
which may include a sink, stove, refrigerator, and dishwasher, as
determined by the Planning Board.
(f)
There shall not be more than one guest sleeping room for every
1,000 square feet of lot area.
(4)
Dimensional regulations. The maximum length of any hotel building
shall not exceed 300 feet.
(5)
Access and service roads. Access and service roads shall be properly
related to public streets and highways so as to avoid unsafe conditions
and traffic congestion. Points of ingress and egress shall not exceed
a total of two on any street. No backing of cars onto any highway
shall be permitted.
(6)
Off-street parking. Where a hotel includes a restaurant or other
eating and drinking facilities open to the public, required parking
space shall be provided for such facilities, in addition to required
parking spaces for sleeping rooms and other floor space. No parking
space shall be located within 25 feet from any hotel building ingress
or egress, including emergency egress. All off-street parking areas
shall be at least 25 feet from all property lines.
(7)
Solid waste. There shall be a central facility for deliveries, management
of solid waste and similar activities.
(8)
There shall be no outdoor public-address or music system audible
beyond the property line.
R.
Light industry, subject to the following regulations:
(1)
Light industrial uses shall meet the performance standards contained in § 98-42 of this Chapter. All applications shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the light industrial process in the framework of measurements provided by § 98-42.
(2)
All uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in a light industrial use shall be compatible with adjacent development and the site shall be fully landscaped. The landscaping standards of § 98-38 shall be met.
(3)
A light industry use is prohibited on any parcel wherein sole access
to the use is through a residential zoning district or neighborhood.
S.
Major home occupation, subject to the following regulations:
(1)
The lot on which a home occupation is situated shall be owner-occupied and shall be conducted in a single-family detached dwelling only, or an accessory structure as per Subsection S(3) below.
(2)
No more than 30% of the total floor area (heated, habitable space)
of the dwelling unit may be used for the home occupation.
(3)
Accessory structures existing at the time of enactment of this law
may be used for home occupation purposes.
(4)
One nonilluminated identification sign not more than four square
feet shall be permitted. There shall be no other evidence of the home
occupation such as additional lighting, display or storage exterior
to the dwelling or accessory structure within which the home occupation
is conducted.
(5)
The Planning Board may impose conditions on the hours of operation,
number of employees permitted, number of parking spaces, number of
visitors and deliveries, associated with the operation of the home
occupation to protect abutting properties.
T.
Multifamily dwelling development, subject to the following regulations:
(1)
Sewer and water. A multifamily development shall be serviced by approved
central sewer and water supply facilities.
(2)
Access. No less than two full access driveways shall be provided
for a multifamily development consisting of 15 or more dwelling units.
(3)
Multifamily development shall be screened from adjoining properties
by a combination of landscaping and fencing materials approved by
the Planning Board.
(4)
Multifamily development design standards.
(a)
A multifamily development is permitted in more than one principal
building on an individual lot. No building shall be longer than 160
feet. No roofline of any structure shall exceed 80 feet without a
break of at least 5% of the building's width.
(b)
Principal buildings shall be situated no closer than the height
of the highest adjoining building wall but in no case closer than
45 feet, whichever is greater. Buildings may be required to be oriented
in a manner that optimizes solar energy usage, consistent with other
site plan elements.
(c)
Centralized waste disposal facilities shall be provided and
screened.
(d)
An application for a multifamily development shall require submission
of a landscaping plan which shall ensure a combination of trees, shrubs
and other plantings to minimize and break up significant expanses
of impervious surfaces. Landscaping treatments shall be provided around
the principal buildings, within parking lots, accentuating pedestrian
ways and driveways, and shall be used to screen ancillary utility
infrastructure within the development and as otherwise required by
this Zoning Chapter.
(e)
No parking lot area shall be situated closer than 15 feet to
a principal building.
(f)
Construction materials shall be of a color and texture characteristic
of the community, and said color and texture shall be muted to blend
with the natural landscape, which shall be subject to Planning Board
approval.
(g)
Exterior lighting along walks and near buildings shall be provided
utilizing architectural grade equipment.
(h)
Walks shall be provided throughout the development to ensure
that driveways or streets shall not be required for pedestrian circulation.
U.
Stable, private, subject to the following regulations:
(1)
The minimum lot area required to stable one horse shall be two acres,
plus one additional acre for each additional horse.
(2)
There shall be no stabling of horses or storage or use of manure
or other dust-producing substances within a distance of 100 feet of
any lot line.
(3)
Nothing herein shall permit operation of a commercial stable accessory
to a single-family detached dwelling.
(4)
The Planning Board may impose reasonable conditions on the location
of the stable to protect an individual on-site well or septic system
from damage or to protect adjoining properties.
V.
Public outdoor amusement or outdoor entertainment, subject to the
following regulations:
(1)
The Town Board, in its discretion, shall be responsible for the approval
or disapproval of any proposed public outdoor amusement or entertainment
activities. The Planning Board shall review and render a decision
on any site plan required in conjunction with the special use permit.
In addition to the Tourism Business District, the Town Board, in its
discretion, may approve or disapprove an activity on a lot elsewhere
in the Town subject to these special use permit conditions.
(2)
A safety management plan shall be submitted which details how accidents
and emergencies will be handled by the local service providers. The
plan shall be reviewed by the applicable emergency service providers,
whose comments shall be considered. The Town Board shall be responsible
for reviewing and approving the safety management plan, and a copy
thereof in final form shall be filed by the applicant with the Town
Clerk.
(3)
If required, a mass gathering permit as per 10 NYCRR Part 7.4 shall
be obtained for the proposed activities and shall be made a condition
of the special use permit.
(4)
In reviewing the proposed use, the Town Board may impose restrictions
on lighting, noise levels, hours of operation, duration of the event,
and other operations to protect the health, safety and welfare of
the community.
W.
Public utilities, subject to the following regulations:
(1)
Access to such facilities shall be so located as to draw a minimum
amount of vehicular traffic to and through residential streets.
(2)
The location, design and operation of such facility shall not adversely
affect the character of the surrounding residential area.
(3)
Adequate fences, barriers and other safety devices and landscape
screening shall be provided when required by the Planning Board to
screen views of the utilities from adjoining properties.
X.
Resort lodge, subject to the following regulations:
(1)
One or more principal buildings are permitted on a lot.
(2)
Retail, office, or personal service business uses are permitted and
shall clearly be accessory and incidental to the resort lodge, shall
be conducted in a principal building within which the guest sleeping
rooms are situated, and shall not exceed 10% of the gross floor area
of all principal buildings. Conference and meeting rooms are also
permitted and shall occupy no more than 50% of the gross floor area
of all principal building(s) of the resort lodge.
(3)
The minimum lot area shall be 25 acres for the first guest sleeping
room, and one guest sleeping room for every 10,000 square feet of
lot area thereafter.
(4)
Accessory structures shall be set back 50 feet from any lot line.
Outdoor recreation uses shall be set back 100 feet from any lot line,
except that walking trails may be located no less than 50 feet from
any property line unless said trail is connected to another trail
located off-site, wherein no setback is required to achieve the connection.
(5)
Parking. The minimum parking requirements are as follows:
(6)
No loading, truck parking, trash containers or outdoor storage area
shall be located within 100 feet of an adjacent residential zone.
All such areas shall provide visual and noise screening to minimize
impacts on adjacent residential property.
(8)
Recreational vehicles and camps. Recreational vehicles, which may
include travel trailers, camper trailers, motor homes and tents, are
permitted accessory to a resort lodge within a recreational vehicle
park. The number of recreational vehicles shall not exceed 25% of
the total number of guest rooms in the resort lodge, except that the
Planning Board, in its discretion, may allow additional recreational
vehicles where it finds the property is sufficiently large to accommodate
same, and further provided that in no event shall the total exceed
45% of all guest rooms. The following additional standards shall apply:
(a)
The area shall be offered on a transient basis. Sites are rented
on a daily or weekly basis or otherwise permitted by the owner to
be used for camping on a temporary short-term basis.
(b)
Individual plots where a recreational vehicle or tent is allowed
shall be separated from buildings by a minimum distance of 100 feet.
No recreational vehicle or tent platforms shall be located closer
than 50 feet to the street right-of-way or any adjacent property line.
Each recreational vehicle or tent shall have a dedicated area to accommodate
same of 300 square feet.
(c)
No less than one off-street parking space shall be provided
on each lot, in addition to the site area provided on each lot for
placement of the recreational vehicle or tent.
(d)
All driveways shall be cleared, graded and improved to a twelve-foot
width for one-way traffic and twenty-foot width for two-way traffic.
Such driveways shall be improved to a year-round passable condition
and include periodic speed bumps on each major tangent section to
reduce speed.
(e)
No individual on-site sewerage or water supply shall be permitted,
and all community systems for the common use of campground occupants
shall fully comply, as evidenced by approved plans, with standards
imposed by the Orange County Department of Health.
(f)
No less than 20% of the gross site area of the RV area shall
be set aside and developed as common use areas for open and enclosed
recreational facilities. No recreational vehicle site, required buffer
strip, street right-of-way, cartway, storage area or utility site
shall be counted as meeting this requirement.
(g)
No parking, loading, or maneuvering incidental to parking or
loading shall be permitted in connection with the RV area on any public
street, sidewalk, required buffer, right-of-way or any public grounds.
(h)
The RV area shall be used only for transient camping purposes.
No improvement or living unit designed for permanent occupancy shall
be erected. All recreational vehicles in the development shall be
maintained in a transportable condition at all times, except for temporary
removal of a hitch, and meet all requirements that may be imposed
by the State of New York. Any action toward removal of wheels or to
attach the recreational vehicle to the ground for stabilization purposes
is hereby prohibited. Camping space shall be rented by the day, week
or season or may be leased or purchased. No campground or RV park
lot, except as provided above, shall be the primary and principal
residence of the occupant, each campground or RV park lot to be used
and occupied (excepting for occasional guests) for camping and recreational
purposes only by a single household.
(i)
The management of the resort shall be responsible for maintaining
accurate records concerning the occupancy of all RV areas.
(j)
Dumping or placement of any sanitary waste anywhere in the RV
area is prohibited, except where the Planning Board has approved facilities
for same. No outside toilets shall be erected or maintained. Plumbing
fixtures within any recreational vehicles placed upon lots in the
campground or RV park shall be connected to the sewage disposal system
for the development. Sanitary facilities, including toilets and showers,
shall be provided in separate buildings located in the resort lodge.
(k)
No noxious or offensive activities or nuisances shall be permitted.
Such nuisances shall include, but not be limited to, noise which exceeds
the limitations set forth herein; uncontrolled fires or repeated burning
(except for camp fires) which results in soot, cinders, smoke, noxious
fumes, gases or unusual odors emanating beyond the property line of
the development.
(l)
No animals shall be kept or maintained in any RV area, except
the usual household pets (cats, dogs and the like). Pets shall be
kept confined so as not to become a nuisance.
(m)
No person shall burn trash, garbage or other like refuse. All
such refuse shall be placed and kept in airtight receptacles. No owner
or occupant shall permit the accumulation of litter or refuse or junk
vehicles.
(n)
Picnic tables, benches, storage sheds, fireboxes or fireplaces
and similar items of personal property may be placed within an RV
area. All personal property on a campground or RV park lot shall be
maintained in good condition so as not to become unsightly.
(o)
No recreation vehicle shall be parked on any street or roadway
within the development.
(p)
Potable water drinking supplies shall be provided within 300
feet of each RV lot and be operational during any period of occupancy.
(q)
Every RV area shall be accessible by fire and emergency equipment
and shall be maintained in such condition, free of obstacles to access.
(r)
No loudspeaker or amplifying device shall be permitted in connection
with any camp, campground, RV park or other use which can be heard
beyond the bounds of the property lot where the use is located.
Y.
Stables, commercial, and riding academies, subject to the following
regulations:
(1)
The minimum lot area shall be 10 acres for the first horse stabled,
plus an additional 1/2 acre for each additional horse. One stable
stall shall be provided for each horse housed on the site unless the
applicant can demonstrate that a stable stall is not appropriate or
necessary.
(2)
There shall be no stabling of animals or storage or use of manure
or other dust-producing substances within a distance of 200 feet of
any lot line.
(3)
Riding trails may be no closer than 50 feet to any lot line, nor
shall any riding trail cross a public way, road, street or highway
unless by special resolution of the Town Board as set forth in the
Vehicle and Traffic Code of the Town of Tuxedo.
(4)
The Planning Board, in its discretion, may allow outdoor lighting.
If outdoor lighting is provided for riding areas, the applicable setbacks
shall be doubled. All lighting shall be located so as to not be visible
at its source from any adjoining property. Screening of a type and
in an amount specified by the Planning Board shall be provided to
visually buffer the riding academy from any adjoining nonagricultural
use.
(5)
Public events, demonstrations, horse shows, rodeos, and competitive
events held in connection with riding academies or stables shall require
a special use permit from the Town Board as a public outdoor amusement
or entertainment event. In addition to the conditions applicable to
a public outdoor amusement or entertainment event, the Town Board
shall take into consideration the duration of the event, the proximity
of the riding academy to adjacent residential uses, the availability
of off-street parking, and the ability of the road to accommodate
additional traffic generated by the event. The Town Board may limit
or prohibit said events where it determines that the events may have
a negative traffic, visual, noise, or other detrimental effect on
the surrounding neighborhood.
(6)
In passing upon any application for a stable or riding academy, the
Planning Board shall consider the drainage, percolation and topography
of the proposed site, and its proximity to public or private water
supplies.
(7)
The use of outdoor public-address systems may be permitted, provided
that the sound shall not be audible beyond the property line.
(8)
The site plan shall illustrate a plan of manure storage and processing.
Appropriate structures, such as concrete platforms or containers or
similar devices, shall be required to store manure on-site to prevent
its seepage into the ground.
(9)
A riding academy is permitted in a principal building, which may
have an indoor riding ring, lockers, snack bar, tack room, and similar
uses clearly incidental to the function of the property as a riding
academy. Said building shall not exceed the maximum building footprint
established for the district in which the use is situated. Accessory
structures are allowed, including but not limited to outdoor riding
rings, trails, cross-country jumps, stables and equipment storage.
No accessory building set forth in this subsection shall be situated
closer than 50 feet to an adjoining lot line.
Z.
Tourism-related winery, brewery, distillery or similar food processing,
subject to the following:
(1)
The principal building within which the food processing occurs shall
not exceed 20,000 square feet. The maximum building height shall be
two stories or 25 feet.
(2)
Adequate parking facilities shall be provided for employees and visitors.
Visitor spaces shall be located so as not to create conflicts between
pedestrian movements and food processing activities.
(3)
All wastes shall be stored indoors or shall be screened and fenced
in a location not visible to the public. No waste that emanates odors
that are discernible at the property line shall be stored outdoors.
(4)
Outdoor storage of materials and products used in the food processing
operation only is permitted and shall be screened from public view.
No materials shall be stored at a height greater than 15 feet. A combination
of fencing, supplemental plantings and/or landscaping shall be provided
to screen storage areas from public viewing areas.
(5)
All parking facilities shall be located no closer than 50 feet to
any property line.
