[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; 6-7-2006 by L.L. No.
2-2006; 1-16-2008 by L.L. No. 1-2008; 1-26-2022 by L.L. No. 1-2022]
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, or a site plan application for commercial, educational and utility uses, shall be the responsibility of the Planning Board as set forth in New York State Village Law. In addition, all proposed structures, as that term is defined in § 100-2 of the Code of the Village (Zoning), other than those structures identified in § 100-51E that are within the jurisdiction of the Board of Architectural Review, shall require site plan approval from the Planning Board before a Building Permit shall be issued by the Building Inspector on any lot. The Board of Trustees may also, by a majority vote, enlarge the Planning Board's site plan jurisdiction on any application to include the delegation of the power, otherwise vested in the Board of Trutees, to include review, permitting, approvals and authorizations regarding (i) any or all land operations to clear (including tree cutting), fill or grade any property in accordance with Chapter 40, (ii) blasting demolition or mining operations in accordance with § 100-23 of Chapter 100, (iii) docks in accordance with §§ 65-2, 65-4G, and 65-5C of Chapter 65, or (iv) roadway cuts or other access to a Village roadway.
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.
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.
E.
Where any road cut or other access to a Village roadway is proposed
as part of a site plan or subdivision, the Planning Board or Board
of Trustees may require the Applicant to stake-out the proposed road
cut access. Any proposed road cut or other access to a Village roadway
shall require approval by resolution of the Village Board of Trustees.
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.
