By the authority of the resolution of the Town
Board of the Town of Tuxedo adopted on February 14, 1961, pursuant
to the provisions of Article 16 of the Town Law of the State of New
York, the Planning Board of the Town of Tuxedo is authorized and empowered
to approve plats showing lots, blocks or sites, with or without streets
or highways, and to approve the development of entirely or partially
undeveloped plats already filed in the office of the Clerk of the
county within that part of the Town of Tuxedo outside the limits of
any incorporated city or village.
It is declared the policy of the Planning Board
to consider the development of land in the Town of Tuxedo as part
of a plan for the orderly, economic and efficient development of the
Town. To this end:
A.
All land to be developed shall be of such character
that it can be used safely for building purposes without danger to
health or peril from flood or other menace;
B.
Proper provision shall be made for drainage, water
supply, sewerage and other improvements;
C.
All proposed development shall be so designed within
the site, lots or blocks as to be in harmony with the development
pattern of adjacent properties;
D.
The proposed streets shall compose a convenient system
conforming to the Official Map of the Town of Tuxedo and shall be
related to the proposals shown on the Town of Tuxedo Master Plan and
shall be of such width, grade and location as to accommodate prospective
traffic to facilitate fire protection and to provide access for fire-fighting
equipment to buildings;
E.
Proper provision shall be made for permanent reservations
of open spaces for parks, playgrounds and for protection of natural
drainage and environmental features;
F.
Future development shall bear a fair share of capital
costs to the Town of municipal improvements necessary to service such
new development.
In order that development shall be designed
and constructed in accordance with these policies, these regulations,
which shall be known as and may be cited as the "Town of Tuxedo Regulations
for Land Subdivisions," have been adopted by the Planning Board on
March 15, 1976, and approved by the Town Board on April 14, 1976.
The Clerk of the Town of Tuxedo, which Town
having authorized the Planning Board to approve plats showing lots,
blocks or sites, with or without streets or highways, or the entire
or partial development of plats filed in the office of the Orange
County Clerk or to approve preliminary plats, as provided in these
regulations, shall immediately refile a certificate of that fact with
the Orange County Clerk.
A.
After the effective date of these regulations, no
person, owner or agent shall sell or lease, contract to sell or lease
or represent himself to be in a position to sell or lease or develop
any parcel, lot or plot of land in the Town of Tuxedo by reference
to any map or subdivision plat showing any street or way not filed
in the Orange County Clerk's office and approved by the Planning Board
in accordance with these regulations. The description of a parcel,
lot or plot of land by metes and bounds in instruments of transfer
or other documents used in the process of selling, leasing or transferring
shall not exempt the transaction from the requirements contained herein.
B.
After the effective date of these regulations, no
building permit or certificate of occupancy shall be issued for any
construction, structure or development except in conformance with
an approved land development plan as set forth herein.[1]
C.
No construction, alteration, removal, demolition,
excavation, enlargement or use shall be commenced except in conformance
with an approved land development plan as set forth herein.
A violation of these regulations shall be enforceable
by separate ordinance of the Town Board under § 268 of the
New York State Town Law; provided, however, that nothing in these
regulations shall prevent injunctive relief to the Town of Tuxedo
under the Civil Practice Law and Rules, § 6301, or action
by residents or parties in interest under § 51 of the General
Municipal Law.[1]
Unless otherwise expressly stated, the following
terms shall, for the purpose of these regulations, have the meanings
herein indicated. Words used in the present tense include the future;
the singular number includes the plural, and the plural the singular;
the word "person" includes a corporation as well as an individual;
the word "lot" includes the word "plot."
Relocation or revision of a lot line of a lot, which revision
is intended to correct minor boundary problems and is not intended
to create a new lot for development purposes and which revision will
result in land area to become part of an existing adjacent lot or
parcel, provided that such "boundary line change" does not create
a parcel at variance with the bulk requirements of the zone in which
such parcel is located.
[Added 11-8-1989 by L.L. No. 6-1989]
A minor subdivision of a parcel of land larger than 40 acres
for which no permitted number of dwellings is computed and from which
no building lots are created as part of such "bulk land transfer."
The approval of a final plat subject to conditions set forth
by the Planning Board in its resolution conditionally approving the
plat. "Conditional approval" does not qualify the final plat for recording.
At the time of the resolution conditionally approving the plat, the
Planning Board must empower a duly authorized officer of the Planning
Board to sign the plat subject to completion of the requirements stated
in the resolution. Upon completion of these requirements, the plat
must be signed by the officer so designated. The subdivider has 180
days to satisfy the requirements upon which the approval has been
conditioned and obtain the certification of the officer of the Planning
Board. This period may be extended by the Planning Board if in its
opinion the circumstances warrant this, for up to two ninety-day periods
beyond the initial 180 days.
The working drawings and specifications for public improvements
and utilities involved in the plan of subdivision.
An architect, landscape architect, professional engineer
or other person licensed by the State of New York to practice site
planning and/or engineering. The "design professional's" responsibility
shall be as defined by state law.
Any structure, component, element or appurtenance that constitutes
part of a system for collecting and disposing of surface or subsurface
water, including ditches, swales, gullies or other depressions in
the earth, whether or not man-made.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
See "subdivision plat."
Final approval of a plat in final form is the signing of
a final plat by a duly authorized officer of the Planning Board after
a resolution granting final approval to the plat or after conditions
specified in a resolution granting conditional approval of the plat
are completed. Such final approval qualifies the plat for recording
in the office of the County Clerk.
The location on the ground upon which a single-family dwelling
is located.
A design document providing a composite diagram of the land
characteristics and special features over which a site plan for residences
or development can be formulated. The "land development plan" becomes
the controlling element over the future use of land when filed with
the final subdivision plat.
Open space development which includes but is not necessarily
limited to the following existing and cultivated elements arranged
to produce an artful or otherwise desired effect: turf, meadow, rocks,
watercourses or -bodies, trees, shrubs, flowers, walls, berms, swales,
lanes, paths and other similar natural and man-made elements or forms.
See "surveyor, land."
A parcel or portion of land separated from other parcels
or portions for purposes of sale, lease or separate use by means of
a description as indicated by a subdivision plat, a recorded map or
dead or by metes and bounds or separated by a public street or railroad
right-of-way.
The Master Plan of the Town of Tuxedo, as adopted by the
Town Planning Board pursuant to § 272-a of the New York
State Town Law.
The map established by the Town Board pursuant to § 270
of the Town Law showing streets, highways, parks and drainage, both
existing and proposed.
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law and hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in Article IV of these regulations.
Any parcel of land owned individually and separately, and
separated in ownership from any adjoining tracts of land on the effective
date of these regulations, which has a total area which exceeds the
minimum requirements of the Zoning Local Law[1] and for which there exists the legal possibility of subdivision
or resubdivision.
A security which may be accepted by the Town in lieu of a
requirement that certain improvements be made before the Planning
Board gives final approval to a subdivision plat. Such security shall
be sufficient to cover the full cost of all incomplete improvements
in the subdivision as estimated by the Planning Board. Securities
shall include such collateral or agreements acceptable to the Town
Board or a bond issued by a surety company to run for a term not to
exceed three years; provided, however, that the term may be extended
by the Planning Board with the consent of the parties thereto.
The Planning Board of the Town of Tuxedo.
A drawing prepared in a manner prescribed by local regulation
showing the salient features of the layout of a proposed subdivision
submitted to the Planning Board for the purposes of consideration
prior to submission of the plat in final form, including but not restricted
to road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at suitable scale and in such detail as local
regulation may require.
A privately owned strip of land of less width than the lot
depth permitted by the applicable regulations, bounded on one side
by a proposed street and on the other by the boundary of a subdivision
containing said proposed street.
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat, or area reserved
thereon for public use, or any change of a lot line or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
The minimum acceptable standards of street construction for
proposed Town roads within subdivisions of the Town of Tuxedo.
The total contiguous land of any owner, whether part or all
of such owner's land is submitted for plat approval.
The Standard Schedule of Fees of the Town of Tuxedo as may
be adopted from time to time by resolution of the Town Board.[2]
A way for vehicular traffic, whether designated as a street,
highway, parkway, throughway, road, avenue, boulevard, lane, place
or however else designated. The term "street" includes the land between
the street right-of-way lines, whether improved or unimproved and
may comprise pavement, shoulders, gutters, sidewalks, planted strips,
parking areas and other areas within such street lines.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or heavy traffic between communities and/or other
heavy traffic-generating areas.
A street which carries traffic from minor streets to the
system of highways, including the principal entrance streets of large
residential developments.
The line between the street and a lot or a line established
by the Official Map as the street right-of-way, whether or not in
public ownership.
A street which is parallel to and adjacent to arterial streets
and highways and which provides access to abutting properties and
protection from through traffic.
A street intended to serve primarily as an access to abutting
properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The full width of a street as shown on the Official Map,
whether acquired through dedication or by use or to be acquired in
the future. It may include pavement, shoulders, ditches or gutters,
culverts or sluiceways. It may be defined in metes and bounds and
be filed with the proper authorities or it may have been used and
maintained by the public for a period of 10 years or more.
A street designed to provide a connection to possible future
development outside the subdivision so that continuity of traffic
circulation can be maintained.
The width of the right-of-way, measured at right angles to
the center line of the street.
Any person, firm, corporation, partnership or association
who shall make application to lay out any subdivision or part thereof
as defined herein, either for himself or others.
The division of any parcel of land or structure into two
or more lots, blocks or units, with or without streets or highways.
Such division shall include resubdivision of parcels of land for which
an approved plat has already been filed in the office of the County
Clerk and which is entirely or partially undeveloped. For the purposes
of these subdivision regulations, a parcel shall be considered already
to have been subdivided into two or more lots if bisected by one or
more public streets or railroad rights-of-way.
Any subdivision not classified as minor subdivision, including,
but not limited to, subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of Town facilities.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of Town facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Master Plan, Official Map, Zoning
Local Law[3] or these regulations.
A drawing in final form, prepared in a manner prescribed
by these regulations, showing a proposed subdivision, containing such
additional detail as is provided herein.
The Highway Superintendent of the Town of Tuxedo.
A person licensed as a land surveyor by the State of New
York.
The record of the owner and description of the parcel held
on record in the Orange County Department of Real Property Tax Service.
The duly designated attorney of the Town.
The duly designated licensed engineer of the Town of Tuxedo.
See "lot."
A parcel of land or structure divided into two or more distinct
portions that will not be owned in fee simple.
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.
The Zoning Law of the Town of Tuxedo.[4]
