[HISTORY: Adopted by the Board of Trustees
of the Village of Tuxedo Park 2-18-1987 by L.L. No. 2-1987. Amendments noted where
applicable.]
The Board of Trustees of the Village of Tuxedo
Park deem it desirable to create a board that will oversee the future
development of the Village and ensure that all such development is
planned to complement the character of the community and is carried
out in an orderly and nondisruptive manner. To promote these ends,
the Board of Trustees hereby affirms the creation and existence of
the Planning Board of the Village of Tuxedo Park.
[Amended 6-7-2006 by L.L. No. 3-2006]
The Planning Board shall consist of five members appointed by the Board of Trustees pursuant to § 7-718 of the Village Law to serve for a term of office as set forth in § 15-13 of the Code of the Village of Tuxedo Park. The Board of Trustees shall, by resolution, designate from the members of such Board a Chairman and Deputy Chairman. A quorum shall consist of not less than three members. Any member may be removed by the Mayor for cause after a public hearing.
[Amended 3-15-2006 by L.L. No. 1-2006]
A.
The Planning Board shall have all the powers and duties
prescribed by the Village Law and the laws and ordinances of the Village
of Tuxedo Park, including the power to approve subdivision plats as
set forth in Village Law § 7-728, consistent; however, with any
land subdivision regulations of the Village and the power to approve
site plans as set forth in Village Law § 7-725-a as defined in
that law, consistent, however, with any site plan regulations of the
Village.[1]
B.
All site plan review in connection with a subdivision application shall be the responsibility of the Planning Board. In addition, all proposed structures, as that term is defined in § 100-2 of the Code of the Village (Zoning), shall require site plan approval from the Planning Board before a Building Permit shall be issued by the Building Inspector for any lot that does not have a habitable building on it at the time of an application. For purposes of this subsection, a "habitable building" shall mean a building that has a certificate of occupancy, or has had a certificate of occupancy within the last five years, and has functional Village infrastructure connections (i.e., water, sewer and roadway).
[Amended 6-7-2006 by L.L. No. 2-2006; 1-16-2008 by L.L. No. 1-2008]
C.
In approving site plans, the Planning Board shall
designate the maximum appropriate buildable envelope for any proposed
structures, and in doing so shall take into consideration conformance
with the applicable zoning regulations of the Village, parking, means
of access, screening, signs, location and dimensions of buildings,
adjacent land uses and physical features meant to protect adjacent
land uses, tree removal, extreme slopes, regulated wetlands, utilities,
orientation of the structure on the lot, tailoring to the natural
terrain, overdevelopment of the site given the physical and other
environmental features of the site, proximity to roads, adjacent structures
and neighboring properties, visibility of the structure, appropriateness
with the Village's listing on the National Register of Historic Places,
and any other considerations or criteria that the Village Board of
Trustees, by resolution or local law, may, from time to time, impose
upon the Planning Board.
[Amended 6-7-2006 by L.L. No. 2-2006]
D.
Site plan approval by the Planning Board shall not relieve the applicant from the necessity of obtaining approval from the Board of Architectural Review for projects that alter the property's appearance, pursuant to Chapter 100, Article VIII, of the Code of the Village if the same is otherwise required by that chapter.
Whenever the provisions of the laws and ordinances
of the Village impose greater restrictions than state law and where
the powers and duties delegated to the Planning Board under the provisions
of the Village laws and ordinances are more restrictive or impose
higher standards than those found in state law, the provisions of
the local Village laws and ordinances shall prevail.
[1]
Editor's Note: This local law also provided that the Board of Trustees shall appoint new members to the Board of Architectural Review § 100-51 of the Code. After the appointment of such members, the Board of Architectural Review shall undertake such duties and responsibilities as set forth in Chapter 100, Article VIII, of the Code. The Village Clerk shall arrange for the transfer of all applications for architectural review pending at the time of the effective date of this local law to the newly appointed Board of Architectural Review. After the effective date of this local law, the Planning Board shall no longer have jurisdiction to act as a Board of Architectural Review with respect to pending or future applications for architectural review.
