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Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
A. 
Accessory buildings.
(1) 
An accessory building may be located in any required side or rear yard, provided that:
(a) 
Such building shall not exceed 15 feet in height.
(b) 
Such building shall be set back 10 feet from any lot line.
(c) 
All such buildings in the aggregate shall not occupy more than 10% of the area of the required rear or side yard.
(2) 
Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(3) 
An accessory building on that portion of a lot not included in any required yard shall conform with the height regulations for principal buildings.
(4) 
No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board may authorize the erection of such garages under the following conditions:
(a) 
If the natural slope is from 10% to 30% within 25 feet of the street line, the Board may permit a garage not closer than 20 feet to the street line.
(b) 
Where such slope exceeds 30%, a garage may be permitted not closer than 10 feet to the street line.
B. 
Corner lots.
(1) 
Obstruction to vision at street intersections. At all street intersections in all districts, no obstruction to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
(2) 
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards.
C. 
Exceptions to yard requirements.
(1) 
Permitted obstructions.
(a) 
Cornices or cantilevered roofs may project not more than three feet into a required yard.
(b) 
Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard.
(c) 
Fences or walls over 6 1/2 feet in height may not be erected in front or side yards. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings.
(d) 
Paved areas, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of lot lines.
(2) 
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.
(3) 
Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the existing dwellings within 200 feet of each side of the said proposed dwelling.
(4) 
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing street, and 25 feet shall be added to the front yard setback.
D. 
Uniformity of design. In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.
(1) 
A building shall be considered neighboring if it fronts on the same street as the building being considered and is the first or second house along the street in either direction, or faces the building site being considered from across the street.
(2) 
In considering those items listed in Subsection D(3) buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end to end or side to side reversal shall be deemed to be alike in related location of such elements.
(3) 
Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:
(a) 
Setback from the street.
(b) 
Relation to the main structure of a garage visible from the street.
(c) 
Length of the main roof ridge.
(d) 
Height of the roof ridge above the first floor elevation.
(e) 
Width, measured perpendicular to the main roof ridge, if the building has a gable, visible from the street, extending from the main roof.
(f) 
Relationship to each other of either windows, doors, chimney or any porch in the front elevation.
(4) 
The Planning Board may waive or vary any requirement of this Subsection D where the layout of the neighborhood, road pattern, topography, natural features, views and the siting of individual structures is such as to avoid monotony of appearance despite similarity of buildings.
E. 
Storage in yards. No materials may be stored within a front yard, or within a required side yard if access is reduced to less than 15 feet, or within 25 feet of the street line in any property. Materials shall include, but not be limited to, wood, metal, masonry or other such materials.
[Added 12-31-2009 by L.L. No. 6-2011]
A. 
Height regulations. Structures such as chimneys, flues, towers and spires may exceed the maximum height listed in § 98-12 by no more than 30%, provided that in exceeding such limits, such structures shall not exceed the elevation of ridgelines by more than one foot for each 200 feet from the crest of such ridges. These provisions shall apply whether such ridgelines are on the actual site under application or adjacent to the site.
B. 
Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.
C. 
Courts.
(1) 
The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of the said wall and the highest point of the roof.
(2) 
The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.
A. 
Off-street parking requirements. Off-street parking spacesy open or enclosed, are permitted as accessory to any use, subject to the following provisions:
(1) 
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified in § 98-9. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
(2) 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 98-15B(1).
(3) 
Size of spaces. Three hundred square feet shall be considered one parking space, to provide room for standing area and aisles for maneuvering. Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences, as set forth in Subsection A(2). Minimum parking stall width shall be 10 feet; minimum length shall be 20 feet.
(4) 
Access. Unobstructed access to and from a street with internal turnaround area shall be provided. Such access shall consist of at least one lane of 15 feet for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 75 feet of any street intersection.
(5) 
Drainage and surfacing. All open parking areas shall be properly drained and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence.
(6) 
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.
(7) 
Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more of such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use to the least requirement.
(8) 
Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within a walking distance of 200 feet of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which the parking spaces are located; and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory are permitted in such residence district. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to a deed restriction, approved by the Planning Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.
(9) 
On lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to the entire lot. Parking spaces on such lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or unless approval is granted by the Planning Board.
B. 
Off-street loading berths. Open or enclosed off-street loading berths are permitted as set forth in § 98-8, subject to the following:
(1) 
Location and access. Unobstructed access at least 10 feet wide, to and from a street, shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(2). No entrance or exit for any off-street parking area shall be located within 75 feet of any street intersection. No off-street loading berth shall be located in any front yard.
(2) 
Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.
(3) 
On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to the entire lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district.
C. 
Parking regulations in multiple-residence or attached-dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two-or-more-family dwelling, which wall contains windows, other than bathroom or kitchen windows, with a sill height of less than eight feet above the level of the said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot. Parking areas shall be screened by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screening shall be not less than three nor more than eight feet in height.
D. 
Regulations for parking spaces adjacent to lots in any residence district.
(1) 
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot lines of a lot in any residence district, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than three nor more than eight feet in height.
(2) 
Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three feet or more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.
E. 
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited, except residential, in the district in which such driveway is located.
F. 
Commercial vehicles.
(1) 
One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.
(2) 
One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any residence district.
(3) 
Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district.
G. 
Trailers and boats.
(1) 
The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:
(a) 
One camping trailer not over 25 feet in length may be stored, but not used for any purpose, on an occupied lot in any residential district, provided that such trailer is not stored within any required yard or between the street line and the principal building.
(b) 
Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said temporary permit may be extended for additional periods of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. In no event shall the total period of the permit and extensions exceed three years. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the Building Inspector, the location of said trailer on the lot shall be subject to Planning Board approval. Said Board may attach to their approval whatever conditions are deemed necessary to carry out the intent of this chapter.
[Amended 5-24-1989 by L.L. No. 5-1989]
(2) 
Not more than one boat per dwelling unit may be stored on an occupied lot in any residential district, provided that such boat is not stored within any required yard or between the street line and the principal building.
H. 
Exemptions.
[Added 3-8-1995 by L.L. No. 2-1995]
(1) 
Owners (or occupants with the owners' consent) of existing single-family and two-family dwellings may apply to the Building Inspector for an exemption from the requirements and standards of § 98-17.
(2) 
In the event that a lot occupied by an existing single-family or two-family dwelling cannot conform to the standards of § 98-17 because of lot size, configuration and/or topography, as determined by the Building Inspector, such occupied lot shall be exempt from enforcement of the standard(s) which cannot be complied with, provided that such use does not violate the Building Code, Fire Code or any other building or safety regulation that may apply.
(3) 
The Building Inspector's determination of exemption shall be made in a writing explaining the reason for granting or denying such exemption. If the exemption is granted, the Building Inspector shall issue a certificate of exemption to the owner or occupant.
(4) 
The Building Inspector shall provide, within 20 days of the granting of the exemption, a copy of the certificate of exemption by certified mail, return receipt requested, to all owners of lots within 200 feet of the lot line of the exempt property. Thirty days after notification of the determination of exemption is given to the adjacent lot owners, such determination shall be final unless an appeal is filed by an adjacent lot owner to the Zoning Board of Appeals under §§ 98-37 and 98-38 within the aforesaid 30 days contesting the Building Inspector's determination of exemption.
(5) 
If the exemption is denied, the Building Inspector shall notify the owner or occupant, in writing, of such denial. The owner or occupant shall have 30 days after said notification to appeal the denial to the Zoning Board of Appeals.
Every use subject to performance standards shall conform to the restrictions set forth in this section.
A. 
Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating same or at any point beyond, and these shall be limited as follows:
(1) 
Explosives. Activities involving the wholesale storage or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the appropriate licensing agency. The list of materials or products which decompose by detonation when in sufficient concentrations includes, but is not limited to, the following:
Acetylides
Ammonium nitrates
Anhydrous hydrazine
Azides
Black powder
Blasting gelatin
Chlorates
Cyclonite or hexogen (cyclotrimethylene trinitramine)
Dinitroresorcinol
Dinitrotoluene
Dinol
Dynamite
Fireworks
Fulminates
Greek fire
Guanidine nitrate
Guncotton (cellulose nitrate with nitrogen content in excess of 12.2% or pyroxylin)
Hexamine
Nitroglycerin
Picric acid
Perchlorates (when mixed with carbonaceous materials)
Permanganates
Peroxides (except hydrogen peroxide in concentrations of 35% or less in aquenous solution)
PETN (pentaerythritol tetranitrate)
Petryl/Tetryl (Trinitrophenylmethyltramine)
TNT (Trinitrotoluene)
(2) 
Fire hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and with adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of other state and local laws and regulations shall also apply.
(3) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbance (except from domestic household appliances and from communications equipment subject to control of the Federal Communications Commission or appropriate federal agencies) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(4) 
Smoke. No emission shall be permitted at any point from any chimney, or otherwise, of visible grey smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines. (Power's Miscro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used.) This provision, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
(5) 
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals or vegetation or to other forms of property, or which can cause any excessive soiling of any paint; and in no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
(6) 
Liquid or solid wastes. No discharge shall be permitted at any point, into any private sewage disposal system or street or into the ground, of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Water Pollution Control Board or the County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
B. 
Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating same or at any point beyond said lot line, and these shall be limited as follows:
(1) 
Noise. At the specified points of measurement the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, American Standards Association, Inc., New York, New York, and American Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York shall be used.)
(a) 
Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility between the hours of 7:00 p.m. and 7:00 a.m. shall be as follows.
TABLE 1
Frequency Ranges Containing Standard Octave Bands in Cycles per Second
Octave Band Sound Pressure Level in Decibels re 0.0002 dyne/cm
20 to 75
67
75 to 150
66
150 to 300
61
300 to 600
54
600 to 1,200
47
1,200 to 2,400
39
2,400 to 4,800
29
4,800 to 10,000
20
(b) 
If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 7:00 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given above in Table I.
TABLE II
Type of Operation or Character of Noise
Correction in Decibels
Daytime operation only
Plus 5
Noise source operates less than 20% of any one-hour period
Plus 5*
Noise source operates less than 5%
Plus 10*
Noise of impulsive character (hammering, etc.)
Minus 5
Noise of periodic character (hum, screech, etc.)
Minus 5
* Apply one of these corrections only.
(2) 
Vibration. No vibration which is discernible to the human sense of feeling shall be permitted for a duration of three minutes or more in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or for a duration of 30 seconds or more in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than one-tenth G (0.1 G) or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section.
(3) 
Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, Copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.
(4) 
Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations.
[Amended 10-13-2009 by L.L. No. 5-2011]
A. 
Purpose. The Town of Tuxedo's ability to attract economic development is accomplished in part by the enforcement of regulations that maintain an attractive community and streetscape, of which signs are a contributing element. A multiplicity of signs clutters the overall appearance of the Town, detracts from its visual quality, and shall be discouraged. The objective of promoting a visually attractive streetscape shall be balanced with the objective of ensuring that a property owner or tenant is afforded ample and adequate means of identifying the occupancy or use of a property or establishment and/or conveying information in accordance with these sign regulations.
B. 
Definitions. For purposes of this section, the terms used herein shall be defined as follows. These definitions are in addition to the definition of sign types described in Schedule A.[1]
PERSON
Any person, individual, partnership, association, corporation or other entity.
SIGN
Any temporary or permanent display of lettering, logos, designs, colors, lights, or illumination visible to the public from outside of a building or from a public right-of-way which conveys a message to the public.
SIGN AREA
The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. Where a sign has back-to-back faces, only one face shall be used in determining the sign area.
SIGN, BOX
Any sign with a metal or wood frame which has plastic or glass panel sign faces and is internally lit.
SIGN, FACADE
Any sign attached to a wall of a building. A facade sign may be a wall sign, iconic sign or projecting sign.
SIGN, PERMANENT
A sign permanently erected on a property or building by fastenings intended to provide such permanence.
SIGN, STRUCTURE
The supports, uprights, bracing and framework for the sign.
SIGN, TEMPORARY
Any sign or banner which is erected for a limited period of time to promote or advertise any activity, business, event or issue.
WALL MURAL
A graphic rendering painted on the facade of a building visible from any street right-of-way. A wall mural intended and perceived as artistic expression which does not identify a business or use conducted on the premises shall not be regulated as a sign for purposes of this section.
[1]
Editor’s Note: Schedule A is included at the end of this chapter.
C. 
Sign permit required.
(1) 
Unless otherwise permitted by this section, no person shall hereafter install, structurally alter, enlarge, or relocate a sign without a sign permit. No sign permit shall be issued except as shown on an approved site development plan or sign plan. The Planning Board may approve any sign shown on a site development plan in accordance with the procedures set forth in § 98-20, Site development plan review, of the Town of Tuxedo zoning law and these regulations. All signs requiring a sign permit and not reviewed by the Planning Board as part of a site plan development application shall be reviewed and approved by the Building Inspector. A sign permit shall be issued only following submission, review and approval of a sign application and sign plan in accordance with the requirements set forth below, and payment of the required fee in accordance with the fee schedule established by the Town Board.
(2) 
A sign permit shall not be issued for a sign if any other sign on the same premises and in the same ownership has been determined to be in violation of this section.
(3) 
A sign permit shall not be required for the repainting or refurbishing of an existing sign when using similar colors, letters and signs. The determination of similarity shall be made by the Building Inspector.
D. 
Sign application. A sign permit application shall be submitted to the Building Inspector and shall include the following:
(1) 
A scale drawing of the sign which shows the content, colors, and proposed location of the sign.
(2) 
A drawing with appropriate notes, describing the construction of the sign and the method of attachment to a building or the ground.
(3) 
A description or sample of the materials of which the proposed sign will be made.
(4) 
A description of the proposed method of sign illumination, if any.
(5) 
Any other information deemed necessary by the Building Inspector to determine whether the sign is consistent with the regulations set forth herein.
E. 
Review.
(1) 
Time period for decision. At such time that the Building Inspector deems that a complete application has been submitted with the information set forth in Subsection D above, the Building Inspector shall review all sign applications and approve, disapprove, or approve with modifications the permit within 30 days of receipt of a complete application. Where a sign is being approved in conjunction with a site plan, the Planning Board shall review and approve signs in accordance with the time frames established for site plan review and approval. The applicant shall submit to the Planning Board the sign information set forth in Subsection D above.
(2) 
Criteria for sign plan approval. The Planning Board shall exercise discretion in approving signs in accordance with its powers and duties. The Building Inspector shall approve signs which clearly and convincingly meet the criteria and regulations of this section. In such event, the action of the Building Inspector shall be deemed a Type II action for purposes of SEQR. If such sign or signs do not clearly and convincingly conform to the criteria of this section, the Building Inspector shall deny the application, and the applicant may pursue its remedies hereunder.
(a) 
Accessory use. Signs must be clearly accessory uses on the lot on which they are located and are not permitted to be principal uses.
(b) 
Proportion and scale. The size and content of the sign shall be the minimum essential for legibility and for the provision of information. The scale of signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of a sign should be proportional with the scale of the structure. For example, small storefronts should have smaller signs than larger storefronts.
(c) 
Identification. Permanent signs are sized to be sufficient to identify a use conducted in a building or on a lot. The sign content is not regulated unless clearly and constitutionally offensive to the public.
(d) 
Quality. Signs shall be durable and weather-resistant.
(e) 
Coordination with other signs. Signs located on a multitenant building shall be coordinated in design to avoid sign clutter. For buildings with multiple storefronts, signs for the individual businesses should relate well to each other in terms of locations, height, proportion, color, and illumination. Maintaining continuity reinforces the building's facade composition while still retaining each business's identity.
(f) 
Colors. Colors shall not be garish. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best for both day and night time use. Neon and day-glo colors are not permitted except in association with neon signs approved by the Building Inspector.
(g) 
Coordination with building. Sign materials and colors should complement the materials and colors of the building on which the sign is situated or associated.
(h) 
Architectural elements and details, including historic building details. Many of the buildings in Tuxedo, particularly the hamlet, exhibit architectural elements and details. Signs should not cover or otherwise interfere with design elements that contribute to the building's character. Signs should not cover over architectural elements such as transom windows or vertical piers. Signs should fit into the building facade just as if they were one of the architectural elements. The building or storefront should be reviewed for its architectural elements that suggest a location, size, or shape for the sign. These could include the lintel band above transom windows, an entranceway that needs signage to provide direction, or display windows.
(i) 
Typeface. A multiplicity of different typefaces on an individual sign is discouraged. The number of lettering styles that are used on a sign should be limited in order to increase legibility. As a general rule, limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate and effectiveness.
F. 
Permitted signs not requiring a sign permit. The following signs are allowed and may be erected and maintained without a permit, provided that they comply with the regulations of this Subsection F.
(1) 
Signs conforming to the New York State Department of Transportation Manual of Uniform Traffic Control Devices, and other traffic regulatory signs shown on an approved site or subdivision plan or required pursuant to an order of a Tuxedo, Orange County, or New York State traffic control agency.
(2) 
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into a masonry surface or when constructed of bronze, stainless steel, or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations.
(3) 
Flags and insignias of the local, county, state or federal government when properly displayed in accordance with accepted protocols.
(4) 
Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet per face and not more than one sign per 50 feet of street frontage.
(5) 
One on-premises sign in connection with any residential dwelling in any zoning district for an approved home professional office or home occupation, not exceeding two square feet and located outside the public right-of-way. Such sign shall state a name and vocation only.
(6) 
Number and nameplates identifying residents, mounted on a house or mailbox, not exceeding two square feet in area.
(7) 
On-premises garage sale signs, not exceeding eight square feet in area, provided the sign is erected on the property on which the sale is conducted and for a period not to exceed seven days.
(8) 
Nonilluminated temporary "for sale" or "for rent" real estate signs concerning the premises upon which the sign is located and not exceeding six square feet in area. All such signs shall be removed within seven calendar days after the sale, lease, or rental of the premises.
(9) 
Temporary banners or flags promoting grand openings, holiday messages or special events hung on buildings or extended across sidewalks and/or streets (where approved), or parking lots, subject to Building Inspector notification. Said temporary signs shall be installed for a period not exceeding 30 days.
(10) 
Signs as mandated by local, county, state or federal law.
(11) 
First amendment signs. Signs reasonably related to the exercise of First Amendment rights, including but not limited to, political campaign posters, signs, banners, posters, bulletins, or political campaign literature of every type, when displayed in public view, advertising or promoting the candidacy of any person for public office. Such signs may be placed in established public forums. A permit for the erection of such items shall not be required. A reasonable time for the display of such signs is hereby determined to be not earlier than 45 days prior to and not later than 10 days following the election day or other event engendering the placement of such sign or signs. Accordingly, the Town encourages, but does not require, the candidate or his/her representative to designate a contact name of the person(s) responsible for erecting and removing the sign(s).
(12) 
Other signs not mentioned upon the approval of the Town Board.
G. 
Prohibited signs. Prohibited signs are not permitted signs or signs allowed by issuance of a sign permit. Prohibited signs shall not be erected in the Town of Tuxedo. Prohibited signs are as follows:
(1) 
Signs that revolve or otherwise move or which utilize flashing or blinking lights or multiple illuminating units which operate alternately.
(2) 
Signs which emit noise, sounds or smoke, including audio signs.
(3) 
Signs of a prurient or sexual nature or advertising businesses, commodities or services of a prurient nature, which are offensive to the community.
(4) 
Signs made of cardboard, paper or similar impermanent material, except temporary signs displayed within a window area of a commercial use which shall not cover more than 40% of any window area or placed so as to obstruct the view inside the building.
(5) 
No sign shall be placed, painted or drawn on utility poles, bridges or on other roads, utility structures or signposts; or on trees, rocks or other natural features. No signs shall be placed on municipal property without the permission of the Town Board.
(6) 
No sign shall be erected, maintained or displayed which shall create a public hazard to health or safety by reason of the manner of its construction or placement or the nature of the materials used therein.
(7) 
No sign which is leased or rented for economic gain, including a sign commonly known as a billboard, shall be erected, maintained, or displayed, including those which advertise or promote any business, profession, interest or product on a lot other than upon the premises whereon such sign is situated. The Town of Tuxedo does not control or regulate billboards situated within any state highway right-of-way, provided a copy of the state approval is filed in the Building Inspector's office.
H. 
Standards for signs accessory to nonresidential uses requiring site plan or sign permit approval.
(1) 
Number and type of permanent signs. Schedule A shall regulate the total number and size of signs allowed within each zoning district in the Town of Tuxedo.[2] Schedule A also indicates the types of signs allowed within each zoning district. A "P" indicates that the type of sign is permitted in the applicable zoning district. An "NP" indicates that the sign type is not permitted in the applicable zoning district.
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(2) 
Design standards applicable to all signs.
(a) 
Sign content. With the exception of a freestanding directory sign, a sign may indicate the name, address, and/or phone number of the principal use located thereon.
(b) 
Illumination.
[1] 
Sign lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties. Lighting shall be cast downward.
[2] 
Externally illuminated signs that project light onto the sign shall be permitted. The light source shall be shielded from direct view.
[3] 
Lighting shall be extinguished during times when the business is not in operation. Lights may be required to be placed on timers to ensure this requirement is met.
[4] 
Internally illuminated box lit signs existing on the effective date of the enactment of the local law amending this section may be continued, but any new box sign shall be prohibited.
[5] 
In the LIO and RO zones only, buildings with light industrial and office uses are permitted back-lighted signs with opaque, reverse channel letters or back-lighted signs with dimensional Plexiglas letters. Where said use is situated adjacent to a residential use, timers shall be installed to control the hours of operation.
(c) 
Materials.
[1] 
Paper and injection-molded plastic signs are not permitted.
[2] 
Raised surface-mounted letters of wood, steel, brass, stainless steel, bronze or PVC resin is preferred; sheet metal and finished plywood are permitted.
[3] 
Flat framed wooden signboards or synthetic resin boards with carved raised or recessed lettering or professionally printed letters are permitted.
[4] 
Signs with gold-leaf lettering are encouraged.
(3) 
Wall facade sign design standards.
(a) 
One wall sign per building or tenant is allowed on the facade facing a public street. The sign shall not conceal any part of a window and shall not extend above the roofline.
(b) 
The maximum width of a wall sign shall not exceed 70% of the width of the building or tenant's front facade, whichever is less. The maximum height shall not exceed two feet.
(c) 
The sign area shall not exceed 10% of the total wall area of the building or tenant space to which the sign is associated.
(4) 
Projecting facade sign and iconic facade sign design standards.
(a) 
One projecting or iconic sign per building or tenant is allowed on the facade facing a public street. No projecting sign shall overhang the public way beyond a line four feet from the building face, and its bottom shall not be mounted above the level of the second-story windowsill. The sign shall maintain a minimum clearance of eight feet from the ground.
(b) 
The maximum width shall not exceed four feet. The maximum height shall not exceed four feet.
(c) 
The maximum sign area shall not exceed 12 square feet.
(d) 
Projecting signs shall be securely installed. Where a projecting sign projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage to hold the Town of Tuxedo harmless for any action associated with the sign.
(5) 
Freestanding sign and freestanding directory sign design standards.
(a) 
One freestanding sign or one freestanding directory sign is allowed per principal building. A freestanding sign in the one-hundred-year floodplain is subject to Planning Board site plan approval.
(b) 
A freestanding sign is permitted in the front yard setback but shall not overhang a property line, driveway or walkway. The Building Inspector or Planning Board may consult with the Highway Superintendent with regard to the placement of the sign to ensure adequate sight distance is maintained. No sign may interfere with required sight distances.
(c) 
The maximum height of the sign shall not exceed 10 feet from ground level to the top of the sign. The maximum width shall not exceed five feet.
(d) 
The maximum sign area shall not exceed 55 square feet.
(e) 
For a freestanding directory sign, each panel identifying a use shall be the same dimension, no less than eight inches, nor more than one foot in height. The colors used for background and lettering shall be the same on each panel, and no more than three colors may be used. One panel may be larger than the remainder, but in no case shall the total of all panels exceed the maximum sign area.
(f) 
The posts to which a freestanding sign is mounted shall be wood or resin with a minimum diameter of four inches. Treated wood posts shall not be used unless painted, stained, or finished with clear polyurethane. The top of the posts shall be decorative, either through an appropriate wood cut or use of finials.
(g) 
Signs shall be installed in a landscaped bed or box unless the Building Inspector determines that installation of the landscaped bed or box would interfere with traffic maneuvering or sight distance.
(6) 
Window sign design standards.
(a) 
One window sign is permitted per building or per tenant.
(b) 
In addition to a window sign, up to two neon or LED signs may be permitted in the HB and NB districts only. The total sign area of the two neon/LED signs shall not exceed eight square feet, and no individual neon/LED sign shall exceed five square feet. Neon signs shall not outline the shape or form of any window to which it is attached.
(c) 
All signs within a window, permanent, neon, LED, and/or temporary, shall not exceed 40% of the total area of the window in which the signs are located nor shall the total window sign area exceed 40%.
(7) 
Awning sign design standards.
(a) 
An awning sign may be located above an entrance or window. The height of the skirt on the extension shall not exceed eight inches. An awning sign may be permitted in addition to a wall or projecting sign, provided that the only information conveyed on the awning is a logo, phone number or street address located on the skirt.
(b) 
Awnings shall be constructed of a material which shall be rot-, weather-, and abrasion-resistant.
(c) 
Awnings with a single, solid color are permitted. Awning colors should complement the colors of the building. Colors that call more attention to the awning than the building are inappropriate. Preferred colors include forest green, maroon, dark blue or black.
(d) 
Where awnings have been installed previously on a building, the Building Inspector may require that the same shape or color of awning be installed.
(e) 
Awnings should be designed to project over individual window and door openings (i.e., mounted in the reveals of openings). Awnings that are a continuous feature, extending over several windows, doors, masonry piers, or arches, are not permitted.
(f) 
Where an awning projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage and holding the Town of Tuxedo harmless.
(8) 
Miscellaneous sign requirements.
(a) 
Wall murals. A wall mural may be permitted at the discretion of the Town Board and is not subject to the maximum sign requirements set forth in Schedule A.[3]
[3]
Editor's Note: Schedule A is included at the end of this chapter.
(b) 
Banners in public rights-of-way. Banners, flags, and other temporary signs advertising seasonal events, e.g., a farmers market, are subject to approval of the Town Board.
I. 
Maintenance required. No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this section. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of violation of any of the foregoing provisions, the Building Inspector shall give written or personal notice, specifying the violation to the owner of the sign and the owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 30 days from the date of said notice. In the event such sign shall not be so conformed within 30 days, the Building Inspector shall thereupon revoke the permit, and such sign shall be removed by the owner of the sign and/or the owner of the land.
J. 
Enforcement.
(1) 
The Building Inspector of the Town of Tuxedo is hereby designated as the officer for the enforcement of the provisions of this section and is authorized to bring such criminal or civil proceedings at law or in equity in the Town Justice Court on behalf of the Town of Tuxedo as may be necessary to compel compliance, or to pursue any other remedies available under this chapter or the laws of the State of New York.
(2) 
Any sign existing on or after the effective date of this section which is no longer accessory to an existing activity on the premises shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Building Inspector, upon determining that any such sign exists, shall notify the owner of the premises in writing to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Building Inspector is hereby authorized, subject to due process procedures, to remove or cause removal of such sign, and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located. If the Building Inspector shall find that any sign regulated by this section is unsafe or not properly secured, or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 10 days from the date of said notice. If the sign is not removed or repaired, the Building Inspector shall revoke the permit issued for such sign, as herein provided, and may, subject to due process procedures, remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
K. 
Nonconforming signs.
(1) 
Any nonconforming sign, lawfully existing on the effective date of this section, may continue indefinitely, except if such nonconforming sign is discontinued, removed, not maintained or structurally altered for any reason, or is deemed by the Building Inspector to be irreparably dangerous or defective, such exemption period shall terminate and shall result in the immediate removal of the nonconforming sign.
(2) 
Billboards and box signs. Billboards and box signs in existence on the effective date of this section shall be allowed to continue. Once removed, box signs and billboards shall not be reestablished. The installation of new billboards and box signs is prohibited.
L. 
Appeals.
(1) 
Appeal to ZBA. The Building Inspector shall deny any application for a sign which is not in conformity with this section. Any person desiring to erect, maintain or display a sign not in conformity with this section, but not a prohibited sign pursuant to this section, may apply to the Zoning Board of Appeals for relief and shall supply any and all information and specifications as shall be required by the ZBA regarding the manner of construction, materials, dimension, shape, colors, illumination and proposed location. Practical difficulties or hardship need not be controlling factors.
(2) 
Appeal to Town Board. Where the Zoning Board of Appeals denies a sign application, an applicant may pursue a final appeal before the Town Board. The Town Board, in its discretion, may approve or disapprove a sign application. The information and data submitted to the ZBA shall be forwarded to the Town Board for its consideration during decisionmaking.
M. 
Penalties for offenses.
(1) 
Any person committing an offense against any provision of this section shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the section of New York, punishable by a fine not exceeding $250. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
(2) 
In addition to the penalties imposed by Subsection M(1) of this section, the Town of Tuxedo shall be entitled to recover a civil penalty in the sum of $100 per day for each day during which the violation continues. Written notice to correct such violation shall be a prerequisite to the recovery of this penalty, which shall be recoverable commencing five days after service of the notice required hereunder.
(3) 
The imposition of penalties herein prescribed shall not preclude the Town or any other person from instituting appropriate legal action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion or maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.
In all cases where this chapter requires approval of site plans, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
A. 
Objectives. In considering and acting upon site plans the Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular, and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1) 
Traffic access: that all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2) 
Circulation and parking: that adequate off-street parking and loading spaces are provided to prevent the parking on public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3) 
Landscaping and screening: that all playground, parking and service areas are, at all seasons of the year, reasonably screened from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
B. 
Effect of site plan approval.
(1) 
No building permit shall be issued for any structure covered by this section until an approved site plan or approved amendment of any such plan has been secured by the applicant from the approval authority and presented to the Building Inspector.
(2) 
No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site plan or approved amendment of any such plan.
C. 
Procedure.
(1) 
Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site plan elements listed inSubsection D shall be submitted to the Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2) 
Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Building Inspector in triplicate at least 15 days prior to the Board meeting at which approval is requested. If not submitted within the six-month period, another presubmission conference shall be required.
(3) 
The Building Inspector shall certify on each site plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this section regarding site plan approval.
(4) 
The Building Inspector shall retain one copy and transmit two copies of the certified site plan to the Secretary of the Board at least seven days prior to the Board meeting at which approval is requested.
(5) 
The Board shall act to approve or disapprove any such site plan within 90 days after the meeting at which approval is sought. Failure to act within 90 days shall be deemed approval. Disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter. In reviewing the application, the Board may secure the advice or assistance of one or more expert consultants qualified to advise whether a proposed use will conform to the requirements of this chapter. The assistance of a consultant, if sought, must be obtained within 10 days of the receipt of the application. Such consultant shall report within 30 days after receipt of such request. A copy of the report of such consultants shall be furnished to the applicant.
(6) 
Amendments to a site plan shall be acted upon in the same manner as the approval of the original plan.
(7) 
The Board may require that site plan approval be periodically reviewed.
(8) 
Following approval by the Planning Board, the site plan map(s) shall be signed by the Planning Board Chairman (or Acting Chairman) and the Town Engineer prior to the issuance of any permits. The maps may not be signed until all Planning Board conditions required prior to filing the signed map are satisfied.
[Added 2-10-1993 by L.L. No. 2-1993]
D. 
Site plan elements. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, land planner, architect or other person licensed by the State of New York to prepare site plans. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Board in the presubmission conference.
(1) 
Legal data.
(a) 
Section, plate, block and lot number of the property taken from the latest tax records.
(b) 
Name and address of the owner of record.
(c) 
Name and address of the person, firm or organization preparing the map.
(d) 
Date, North point and written and graphic scale.
(e) 
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f) 
The locations, names and existing widths of adjacent streets and curblines.
(g) 
Locations and owners of all adjoining lands as shown on the latest tax records.
(h) 
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i) 
A complete outline of existing deed restrictions or covenants applying to the property.
(j) 
Existing zoning.
(2) 
Natural features.
(a) 
Existing contours at intervals of five feet or less, referred to a datum satisfactory to the Board.
(b) 
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c) 
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant existing features.
(3) 
Existing structures and utilities.
(a) 
Location of uses and outlines of structures, drawn to scale, within 100 feet of the lot line.
(b) 
Paved areas, sidewalks and vehicular access between the site and public streets.
(c) 
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as other underground and aboveground utilities within and adjacent to the property.
(d) 
Other existing development, including fences, landscaping and screening.
(4) 
Proposed development.
(a) 
The location of proposed buildings or structural improvements.
(b) 
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c) 
The location, direction, power and time of use for any proposed outdoor lighting or public address systems.
(d) 
The location and plans for any outdoor signs.
(e) 
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections, showing width of roadway, location and width of sidewalks, and location and size of water and sewer lines.
(f) 
Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.
(g) 
The location of all proposed waterlines, valves and hydrants, and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h) 
An outline of any proposed easements, deed restrictions or covenants.
(i) 
Any contemplated public improvements on or adjoining the property.
(j) 
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(5) 
Any other information which the Board deems necessary to determine conformity of the site plan with the intent and regulations of this chapter.
The use of living plant material as an adjunct to all uses subject to these regulations shall be mandatory. Landscape materials shall be utilized in a positive manner in all developments for architectural elements, space articulation, screening, privacy control, erosion control, acoustical control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control.
A. 
Land area restricted from development coverage by § 98-12, Column 9,[1] shall be preserved in natural landscape or shall be reestablished to the following general standard: one deciduous or evergreen tree, 2 1/2 inches caliper, per 2,000 square feet of area.
[1]
Editor's Note: As used in this subsection, "Column 9" refers to the Table of Bulk Regulations which is adopted by § 98-12 and is found at the end of this chapter.
B. 
The area constituting the development coverage (refer to definitions) shall be landscaped to the following general standard:
(1) 
One deciduous or evergreen tree per 5,000 square feet of area.
(2) 
One low planting species per 10 lineal feet of parcel perimeter.
C. 
Erosion and sedimentation controls shall be in accordance with Guidelines for Erosion and Sediment Control in Urban Areas of New York State, by the United States Department of Agriculture, Soil Conservation Service, and shall be the minimum requirements.
D. 
For uses requiring site development plan review, the construction value of which exceeds $30,000, a detailed landscaping plan shall be prepared by a licensed landscape architect or other professional licensed by the State of New York Education Department to prepare landscape plans.
E. 
The publication, Plant, People And Environmental Quality, by the United States Department of Interior, National Park Service, is hereby adopted and incorporated as the general reference for landscape materials and uses for the Town of Tuxedo.
In addition to the use regulations set forth in Article III, the following specific regulations and standards for uses listed herein shall be the minimum requirements for the protection of the public health, welfare and safety.
A. 
Animal kennels, not including stables. The harboring, boarding or training of animals, whether enclosed in a structure or on open land and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards:
(1) 
In issuing the special permit for animal kennels, the permit shall stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed 10,000 square feet per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the lot area is that area of the lot not including any required yards.
(2) 
In considering the application for a special permit for the animal kennel use, the Board of Appeals may consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions 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.
B. 
Stables and riding academies.
(1) 
The minimum area shall be three acres for the first horse stabled, plus one additional acre for each additional horse. 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 plot line. Riding trails may be no closer than 50 feet to any plot 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.[1] If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be so located as to not be visible at the source from any adjoining property. Screening shall be required between such use and any other nonagricultural use.
[1]
Editor's Note: See Ch. 95, Vehicles and Traffic.
(2) 
Public events, demonstrations, horse shows, rodeos and competitive events held in connection with riding academies or stables shall be considered principal uses for purposes of lot area and setbacks, and shall conform to the bulk regulations of § 98-12, Group II.2.[2]
[2]
Editor's Note: The reference to Group II.2 is to material found in the Table of Bulk Regulations which is adopted by § 98-12 and is found at the end of this chapter.
(3) 
In passing upon any application for a stable or riding academy, the Zoning Board of Appeals shall consider the drainage, percolation and topography of the proposed site, and its proximity to public or private water supplies.
C. 
Gasoline service stations. By special permit of the Board of Appeals, gasoline service stations are permitted, provided that no plot line of any station shall be closer than 200 feet to a school, playground, church, hospital, library or institution for the elderly or children. No gasoline service station shall be permitted within 1,000 feet of any other gasoline service facility fronting on the same street, or within 1,500 feet from any plot line of such station to a plot line of another station.
(1) 
Ingress and egress.
(a) 
Ingress and egress points for gasoline service facilities shall be located a minimum of 70 feet from the intersection of right-of-way lines on a Town road and shall comply with requirements with respect to state, county or village roads.
(b) 
Lot coverage. Development coverage for gasoline service facilities shall not be more than 40% of the site.
(c) 
Setback. Pump islands shall be set back at least 50 feet from street line and property lines.
(d) 
Buffer.
[1] 
A ten-foot-wide landscaped area shall be provided along all gasoline service facility property lines, excluding points of ingress and egress, front line and property lines adjacent to existing commercial uses. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen.
[2] 
All landscaped areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high and trees with a branching habit not less than eight feet high; furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight, 350 feet in either direction, needed for safe entering and exiting maneuvers by motor vehicles.
[3] 
Landscaped areas shall be so designed as to be easily maintained and protected by at least a six-inch, nonmountable, concrete or granite curbing.
[4] 
Landscaping plans shall be prepared by a registered New York State landscape architect, except as otherwise authorized by the Planning Board. All landscape plans shall be subject to the review of the Planning Board.
(2) 
Discontinuance of use.
(a) 
In the event a gasoline service facility is abandoned, as determined by the Town Board, the owner, lessee and motor fuel supplier of said gasoline service facility will immediately remove the tanks, gasoline pumps, all identification signs and lighting poles and paint the exterior, if other than brick, a neutral color. In lieu of removing the tanks, said owner and or lessee shall remove the Class I liquids therefrom and fill all tanks with water for a three-month period only, and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and on the property, and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
(b) 
After the abandonment of said gasoline service facility is determined by the necessary Town Board through written notice to the owner, lessee and motor fuel supplier, the said owner and/or lessee shall have a period of one year from the date of written notice to petition the Town Board for an alternate commercial use. If the owner and/or lessee has not petitioned the said Town Board within the prescribed one-year period and obtained a permit for some other commercial use, then the Town may, on its own petition, require the owner and/or lessee to remove all buildings and structures from the site and level, grade, landscape, seed and maintain the subject property at the owner's and/or lessee's expense.
(c) 
In the event of failure to comply with any of the aforementioned within 30 days after the issuance of a written directive to do so by the Town, the Town may take such steps as are deemed necessary to enforce these conditions.
(d) 
The Zoning Board of Appeals shall be empowered to extend the above noted time limits for a discontinued use.
(3) 
Signs. There shall be no signs or appurtenances connected with a gasoline service station facility which are moving, rotating or animated in any way or illuminated by flashing, blinking, fluctuating or other form of animated light. In addition, the use of pennants, banners, spinners and streamers is prohibited.
(a) 
Illumination. In no event shall an illuminated sign or lighting device be placed or directed in a fashion that would permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause a glare or reflection that may constitute a traffic hazard or nuisance.
(b) 
Standards for permitted permanent signs. Individual gasoline station facilities shall be permitted one business identification building sign and one business identification freestanding sign.
[1] 
Such signs shall be located on the same premises.
[2] 
Such signs shall be securely attached to the building or to structurally sound supports.
[3] 
No sign shall be erected in such a manner as to confuse or obstruct the view of any traffic sign, signal or device.
[4] 
The business identification signs shall not exceed 30 square feet in area.
[5] 
The business identification freestanding sign shall be located in the buffer zone no closer than 10 feet from the property line or street line. Said sign shall have an area no greater than 25 square feet on each face. The maximum height of the sign and pole shall not exceed the height of the building with a clearance from the bottom of the sign panel to the ground of at least 10 feet, so that there is no interference with sight clearance.
[6] 
In addition to the business identification building sign or business identification freestanding sign, one accessory signboard where there is only one street frontage or two signboards on a corner lot may be located in the buffer area in front of the station and/or sales outlet, or attached to or adjacent to the building. These signs may indicate services, products, trade or price information. The permitted signs may be double-faced, not to exceed 10 square feet on each face. The design location must be integrated into the total landscape plan and approved by the Zoning Board of Appeals. In any case, these accessory signs shall not exceed six feet above the level of the ground upon which its support rests.
(c) 
The Building Inspector shall require the proper maintenance of all signs; and such signs, together with their supports, shall be kept in good repair. The display surfaces shall be kept neatly painted at all times. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this chapter. Painting, repainting, cleaning or repair maintenance shall not be considered an erection or alteration which requires a permit unless a structural change is made.
(4) 
Lighting.
(a) 
Illumination. In no event shall a lighting device be placed or directed in a fashion that would permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(b) 
Setback. The location of all lighting devices shall be approved by the Zoning Board of Appeals so as not to cause a hazard to on-site and off-site vehicular and pedestrian traffic circulation.
(5) 
Accessory uses. Other than the sale of cigarettes, candy, soft drinks and other items from vending machines in an effectively screened area, the following accessory uses shall be permitted pursuant to a special permit procedure in gasoline service stations only.
(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 site at one time. Storage shall be to the rear of 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 units total shall be located on a site at any one time.
(6) 
Procedures.
(a) 
Inspection.
[1] 
Permit applications for gasoline service facilities shall be referred to the Board of Appeals for compliance with all necessary operating standards. Site and building plans shall be approved by the Planning Board with respect to fire safety, and equipment shall be inspected and appropriate tests run prior to tank installation and again prior to building completion.
[2] 
At the time of inspection, photographs locating tanks and piping shall be taken to be filed with the Building Inspector for emergency reference.
[3] 
An initial storage tank installation fee per gasoline service facility shall be charged to the petroleum concern involved by the municipality, and a yearly inspection and certificate fee shall be charged for each station, as provided in the Standard Schedule of Fees of the Town of Tuxedo.[3]
[Amended 10-10-1979 by L.L. No. 8-1979]
[3]
Editor's Note: For additional provisions concerning inspections, see Ch. 51, Fire Prevention, and the Fire Prevention Code adopted therein. See also Ch. 48, Fees.
(b) 
Approval.
[1] 
The Board of Appeals may approve the application for a special permit or, where necessary, deviate from the existing specific requirements only upon finding that such proposal makes provision to protect the health, safety and welfare of the public, or that such deviation is necessary to permit the use of the property and to obtain the objectives of these rules and regulations.
[2] 
Before approval of any application or deviation of a specific provision, the Board of Appeals shall make separate and distinct determination that the proposed application or deviation:
[a] 
Is not detrimental to adjoining zoning districts and permitted uses.
[b] 
Is not detrimental to the orderly flow of pedestrian and vehicular traffic both on and off site.
[c] 
Will not create hazardous or obnoxious condition.
[d] 
Is approvable by any other municipal, county, state or federal department having jurisdiction over the proposed use or its appurtenant facilities.
[3] 
By way of approval, the Building Inspector shall issue a certificate of compliance to the permit applicant at such time as the gasoline service facility has passed final municipal inspection. Said certificate shall, at all times, be posted on the premises and shall be renewable on a reasonable time basis to be determined by the Town.
D. 
Mechanical automobile washing establishments. Mechanical automobile washing establishments may be permitted by the Board of Appeals as provided in § 98-9, subject to the following regulations:
(1) 
Such establishments shall not be located closer than 400 feet to any residential district boundary line, school, hospital, nursing home or other similar institutional use.
(2) 
Each establishment shall provide parking/waiting areas equal in number to six times the maximum capacity. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment, so situated as to be usable for the hand finishing of the washing process and no closer than 50 feet to any street right-of-way line. A maximum capacity shall be determined by dividing the equipment line by 20 feet.
(3) 
Water supply shall be by an independent well separate and apart from the Town water system and shall, with the disposal of same, be subject to approval by the Planning Board and Town Engineer.
(4) 
Where gasoline service facilities are either a principal use or accessory use with mechanical automobile washing establishments, the requirements of Subsection C shall also be adhered to in granting approval of such uses.
E. 
Hotels and motor lodges. Hotels and motor lodges may be permitted by the Board of Appeals as provided in § 98-9, subject to the following regulations:
(1) 
Hotel and motor lodge units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.
(2) 
Hotel and motor lodge units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.
(3) 
An accommodation unit shall not be occupied by more than three adults at any one time.
(4) 
There shall be no more than one hotel or motor lodge unit for each 2,400 square feet of site area.
(5) 
Each hotel or motor lodge room shall have an area of at least 240 square feet, and a hotel or motor lodge unit including bath and closet facilities shall be not less than 300 square feet. Each hotel or motor lodge unit shall have a bath facility with shower or bath, one toilet facility and sink.
(6) 
The following accessory uses shall be permitted:
(a) 
One house or apartment, with or without kitchen facilities, for the use of the hotel or motor lodge manager or caretaker and his family.
(b) 
One restaurant and/or coffee shop or cafeteria providing food and drink.
(c) 
Amusements and sports facilities for the exclusive use of hotel guests, including:
[1] 
Swimming pool.
[2] 
Children's playground.
[3] 
Tennis and other game courts.
[4] 
Game or recreation rooms.
(d) 
Office and lobby, provision of which shall be mandatory for each hotel or motor lodge.
(e) 
Meeting and/or conference rooms.
(7) 
No more than two signs shall be permitted on the site, the total area of which shall not exceed 160 square feet.
(8) 
Landscaping requirements of § 98-21 shall be increased by 50% for all motor lodge development.
(9) 
The exterior treatment, including colors, textures and materials of all structures within a hotel or motor lodge development, shall be muted and blend into the surrounding landscape or adjacent land uses. Lighting throughout the area shall not exceed 1.5 footcandles (reflective method) at ground level, except in the case of recreational facilities, which may be illuminated in excess of the standard, provided that opaque screening is utilized to entirely block the reflected glare of the area from adjacent uses.
F. 
Trailer and mobile home courts. Trailer and mobile home courts may be permitted by the Board of Appeals as provided in § 98-9, subject to the Ordinance to License and Regulate Trailers, Trailer Courts and Trailer Sales Lots in the Town of Tuxedo of 1961, as may be amended from time to time,[4] and to the following regulations. Where a conflict exists, the regulations with the most recent date of adoption shall govern.
(1) 
Code requirements. Mobile home units shall meet the requirements of American Standards Association Code Provision A-119.1, American Standards for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems, or Mobile Home Manufacturers Association, Mobile Home Standards for Plumbing, Heating and Electrical Systems, or any state-administered code ensuring equal or better standards, and shall have a visible official certification of compliance with such code or codes.
(2) 
Mobile home stands. The mobile home shall be placed upon a stand consisting of appropriate material properly placed, graded and compacted so as to be durable and adequate for the maximum load anticipated during all seasons.
(3) 
Anchors.
(a) 
Anchors and tie-downs shall be placed at least at each corner of the structure, and each shall be able to sustain a minimum tensile force of 2,800 pounds.
(b) 
Anchors shall be such as cast-in-place concrete "deadmen," eyelets imbedded in concrete, screw augers, arrowhead anchors or similar devices.
(4) 
Skirting. Each mobile home shall be skirted around the bottom portion with approved metal, wood or other durable material, properly ventilated, within 60 days from the date of placement of the unit.
(5) 
Landscaping shall be provided equivalent to the standards set forth in § 98-21, and an additional quantity of plant material of value equal to four months' space rental shall be provided for each pad or site for trailer use.
(6) 
All mobile home stands shall be provided with a patio pad constructed of concrete and shall be a minimum size of 8 feet by 20 feet, and four inches in depth. Patio pads shall be located so as to provide safe and easy access to and from the mobile home.
(7) 
Awnings of any size may be provided, provided that they are not placed closer than three feet to an adjacent mobile home lot.
(8) 
No nonintegral structural addition or other accessory building or structure in excess of 10 feet by 10 feet or a total of 100 square feet shall be permitted on any mobile home lot.
(9) 
Fuel supply and storage.
(a) 
Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home, structure, building and lot line.
(b) 
Supports or standards for fuel storage tanks are to be of a noncombustible material.
(c) 
All fuel oil tanks shall be placed at the rear of the mobile home and located not less than five feet from any exit.
(10) 
Every mobile home court shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the local electric power companies' specifications and regulations. All wiring fixtures must have the New York Board of Fire Underwriters' approval or other authority as designated by the municipality. Each mobile home stand shall be supplied with not less, than one-hundred-amp service. Adequate lights shall be provided to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians at night. A minimum lighting level of 0.3 footcandles shall be provided. All electrical distribution lines shall be placed underground.
(11) 
When telephone service is provided to mobile home spaces, the distribution system shall be placed underground.
(12) 
Service buildings.
(a) 
Service buildings housing sanitation facilities, if provided, shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
(b) 
The service building shall be well lighted at all times of the day and night; shall be well ventilated with screened openings; shall be constructed of such moistureproof material, which may be painted woodwork, as shall permit repeated cleaning and washing; and shall be maintained at a temperature of at least 68°F. during the period from October 1 to May 1. The floors of service buildings shall be of water impervious material.
(c) 
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(13) 
Fire protection and control.
(a) 
Every mobile home park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable regulations of the fire district within which the mobile home park is located.[5]
[5]
Editor's Note: See also Ch. 51, Fire Prevention, and the Fire Prevention Code adopted therein.
(b) 
No open fires shall be permitted at any place within the mobile home park, with the exception of outdoor grills used for the preparation of food.
[4]
Editor's Note: See Ch. 92, Trailers and Trailer Camps.
G. 
Light manufacturing. Light manufacturing uses consisting of the assembly or fabrication of products from materials requiring no chemical or compressive processing and whose finished size does not exceed 40 cubic-feet or whose weight does not exceed 2,000 pounds per unit shall be subject to the following standards:
(1) 
Performance standards of § 98-18 shall be strictly adhered to. All applications under this Subsection G shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the light manufacturing process in the framework of measurements provided by § 98-18.
(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 light manufacturing uses shall be compatible with adjacent development and shall be fully landscaped. The landscaping standards of § 98-21 shall be increased 50% on all sites in light manufacturing uses.
(3) 
No building in light manufacturing uses shall exceed 30,000 square feet of floor space.
(4) 
Light manufacturing uses located in the FP-2 Zoning District shall be so designed as not to obstruct or lessen the flood capacity of any stream flowing through such floodplain.
H. 
Multiple-residence development. The following standards shall apply to multiple-residence developments constructed after the effective date of this chapter. Existing multiple residences shall not be considered nonconforming or noncomplying by virture of the following supplementary regulations.
(1) 
All multiple-residence developments shall be serviced by approved central sewage disposal facilities and central water supply.
(2) 
Access and egress from the proposed development shall be to a street classified as a collector or arterial as set forth on the Official Map of the Town of Tuxedo as it may from time to time be modified so as to show new collector or arterial streets provided on the site plan of existing or proposed developments. (See definitions.) Such entrances and exits shall be at least 100 feet from any intersection and shall have at least 300 feet of sight distance in both directions.
[Amended 8-11-1976 by L.L. No. 3-1976]
(3) 
No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.
(4) 
The residential density factor, Column 14 of the Bulk Table, § 98-12, shall apply to three-bedroom units or greater. Each two-bedroom unit shall be calculated for residential density purposes as 0.50 dwellings unit. Each one-bedroom and zero-bedroom or efficiency unit shall be calculated as 0.25 dwelling unit.
[Amended 5-18-1977 by L.L. No. 5-1977]
(5) 
The Board of Appeals may allow an additional 10% of apartment units which shall be designed for, and the occupancy of which is restricted to, persons 60 years of age or greater. Such units shall consist of no more than one bedroom.
(6) 
Multiple-residence uses shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.
(7) 
Multiple-residence structure design features.
(a) 
No multiple-residence building shall be longer than 160 feet.
(b) 
No roofline of any structure shall exceed 80 feet without a break of at least 5% of the building width.
(c) 
No face of any multiple residence shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.
(d) 
No structure shall be closer than the height of the higher building wall. Distance between buildings shall be such that the northernmost building shall receive sun at the lowest elevation of a dwelling unit for 46 weeks each year. (Sun angle computation based on land and building elevations only. Elevation of trees or other vegetation not to be included in computation.)
(e) 
Provision for enclosed storage of garbage shall be provided.
(f) 
For each unit of two bedrooms or larger, one child play space (seat, apparatus or play space) shall be provided, conforming to the standards of the American Playground Association.
(g) 
In addition to the standards for landscaping set forth in § 98-21, the grounds and vicinity of buildings shall be provided with decorative landscape materials with value equivalent to two months' projected rental of the project.
(h) 
Construction materials, in addition to conformance to the Building Code of the Town of Tuxedo,[6] shall be of a color and texture characteristic of the adjacent residential development.
[6]
Editor's Note: See Ch. 37, Building Construction.
(i) 
Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment and shall not exceed 0.9 footcandle measured at ground level.
(j) 
Dwelling units shall be so designed and arranged in buildings as to ensure a minimum of three hours of sunlight at one window of each unit per day. No units with full northern exposure shall be permitted.
(k) 
Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.
I. 
Planned office building groups. In order to facilitate innovative and attractive development of office and research uses, planned office building groups are permitted subject to the following:
(1) 
Exterior walls of opposite or adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.
(2) 
Building groups shall be so located and arranged that all structures have access for emergency vehicles.
(3) 
Restrictive covenants shall be imposed on the site based on the approved site plan, enforceable by all tenants of such development.
J. 
Planned industrial development groups. In order to facilitate the growth of employment and ensure a viable tax base for the Town of Tuxedo and to prevent the conflicts of incompatible industrial uses, planned industrial development groups are permitted subject to the following:
(1) 
Exterior walls of adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.
(2) 
The standards set forth for light manufacturing uses, § 98-22G, shall be adhered to, except that the maximum floor space in one structure may be increased 50%.
K. 
Private swimming pools. Private swimming pools are permitted subject to the following:
(1) 
Such pool shall not be located in any required front or side yard.
(2) 
The entire portion of the premises upon which such pool is located shall be entirely enclosed with a chain link wire or other sturdy fence of not less than five feet in height.
(3) 
Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.
(4) 
Such pool shall not occupy more than 35% of the balance of the rear yard area, after deducting the area of all private garages and other accessory buildings or structures.
(5) 
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
(6) 
Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.
(7) 
No loudspeaker or amplifying device shall be permitted which can be heard beyond the bounds of the property or lot where said pool is located.
(8) 
Adjacent to every side and rear lot line within the rear yard area, there shall be a protective planting strip designed and laid out to provide an effective natural visual barrier between the swimming area and the adjacent residential areas. Such screen shall be of suitable plant materials which will attain and be maintained at a height of six feet above the water level of the pool; however, no screen need be greater than 12 feet in height from ground level.
(9) 
No swimming pool shall be filled or used until the foregoing requirements shall have been certified as met by the Building and Zoning Inspector. At such time of certification, the applicant shall present evidence of liability insurance of not less than $50,000.
(10) 
Any aboveground pool on a residential property (i.e., a swimming pool that is installed less than one foot into the ground) that was installed prior to January 1, 1990, and that does not conform to a locational requirement of this § 98-22K or the applicable requirements of § 98-15A, which addresses location of accessory structures in yards, shall be permitted to remain in place for the life of the pool or until June 1, 2004, whichever occurs earlier. This provision is applicable only if all other requirements for a swimming pool are met and no other violations exist with regard to the swimming pool or any other improvement on the property.
[Added 5-25-1994 by L.L. No. 1-1994]
L. 
Animal hospitals and veterinary clinics. Animal hospitals shall be subject to standards for kennels and stables, § 98-22A and B, if provided thereon, and further:
(1) 
All facilities shall be maintained in enclosed structures 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 maintained within 200 feet of any lot line, except 300 feet from the front yard line when such line abuts a residential use or district.
M. 
Vacation campgrounds. Vacation campgrounds are permitted subject to the following:
(1) 
Vacation campgrounds are a special permit use consisting of a tract of land designed exclusively for overnight and short duration vacation camping, providing facilities for tents, camp trailers, motor homes, recreation activities, administration, public health and safety.
(2) 
In addition to uses specified above, summer cottages and bungalows may be allowed. Each such accommodation unit shall require 40,000 square feet of camp area and shall be on sites of not less than 10,000 square feet. Covenants acceptable to the Town Attorney shall be filed on such areas precluding year-round residence in such cottages and bungalows, or precluding sale or occupancy of such bungalows for other than the uses set forth herein.
(3) 
Minimum frontage. Two hundred feet of frontage on a state or county highway shall be required. Where a parcel of land does not have 200 feet of frontage on a state or county highway, a minimum frontage of 50 feet may be permitted for use as an easement for gaining access to a larger parcel that would otherwise meet the requirements of the special permit use. The front yard of such a parcel shall begin at the point where a line running parallel with the state or county highway equals 200 feet.
(4) 
Minimum spacing between campsite pads shall be 80 feet, extremity to extremity.
(5) 
Water supply. The site shall be serviced by a municipal or private water system. A minimum rate of 200 gallons per day per site shall be provided at a minimum pressure of 20 pounds per square inch at peak demand. An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without water facilities. Other water sources supplied to toilets and urinals shall not be physically connected with the drinking supply or be available for public use.
(6) 
Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system.
(a) 
Toilets. Only flush toilets shall be provided.
[1] 
Women: one toilet per five sites.
[2] 
Men: one toilet per 10 sites.
[3] 
A minimum of two toilets for each sex shall be provided.
(b) 
Lavatories. Lavatories or other hand washing facilities shall be provided at a ratio of one for each sex, for each 15 sites without water and sewage hookups.
(c) 
Showers. One shower for each 15 campsites shall be provided. Each shower must be served with hot and cold or tempered water between ninety degrees and one hundred ten degrees Fahrenheit (90° and 110° F.). Two showers must be provided for each sex.
(d) 
Dishwater disposal. One dishwater disposal facility shall be provided for each five campsites or shall be provided in connection with each toilet facility.
(e) 
Sewage treatment facility. The design shall be based on the water supply design flow, plus infiltration, and approved by the Town Engineer and State Department of Health. At least one travel trailer sanitary dumping station shall be supplied for every 100 campsites or less. The location of septic tanks, distribution lines and disposal fields shall be as approved by the Town Engineer and State Department of Health.
(7) 
Solid waste disposal. One receptacle shall be provided for each campsite.
(8) 
Vehicular access. Each campground area shall be provided with two means of access from county and state roads. Sight distance at the entrance and exit must be unobstructed for a distance of 300 feet in each direction. In the event that two separate means of access cannot be provided, due to a lack of adequate sight distance at the point of access or egress or due to limited frontage on a state or county highway, the Planning Board may approve an alternate design that will ensure adequate safety.
(9) 
Streets. Each campground area shall provide a collector street with a minimum width of 18 feet for two-way traffic and 10 feet for one-way traffic. As a minimum, the street shall be constructed with a gravel base with adequate drainage and a water-bound macadam surface as approved by the Town Engineer. Radius of curvature shall be 50 feet minimum. Grades shall not exceed 12%.
(10) 
Parking. A level space 14 feet by 50 feet in size, shall be provided for each campsite, within which a strip 10 feet by 50 feet in size shall be constructed, as a minimum, with a gravel base and water-bound macadam surface. Forty-five-degree pull through trailer and motor home parking spaces shall be constructed, as a minimum, with a gravel base and a water-bound macadam surface.
(11) 
Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.
(12) 
The entire site, except for areas covered by structures or service or parking areas, shall be suitably landscaped. All landscaping shall be approved by the Planning Board and properly maintained after planting.
(13) 
All campground sites shall be screened from the view of adjacent properties and adjoining public highways by means of an opaque screen of plant materials and/or fencing. All screening shall be approved by the Planning Board, properly maintained after placement and located within the required front, rear and side yards.
(14) 
All campground sites shall provide suitable recreation area or areas on the site, containing not less than 10% of the campground site, and may include a suitably improved, fenced and equipped children's play area.
(15) 
No permanent structures shall be permitted for use as living quarters, with the exception of the resident manager or property owner. The resident manager or a caretaker shall be on the premises on a regular basis, as determined by the Building Inspector, to guard against vandalism during the off-season.
(16) 
Recreational facilities such as golf courses, tennis courts, swimming pools and camp recreational facilities shall be for campsite guests only. Requirements for setbacks for recreational uses shall be as set forth in § 98-22O.
(17) 
Fire protection. The property owner shall ensure that adequate fire protection equipment is on the premises at all times, as recommended by the Building Inspector and the Bureau of Fire Protection.
(18) 
Public phone. Each campground shall have at least one public telephone.
(19) 
Each permit issued for a campground shall be valid for a period of 24 months from the date of issue. Renewal application shall be filed with the Building Inspector not more than 60 days prior to the expiration of the twenty-four-month period. Prior to the issuance of a renewal permit the Building Inspector shall inspect the campground premises for compliance with all applicable regulations. Thereafter, and within 30 days of the expiration of the twenty-four-month period, the Building Inspector shall submit a report in writing to the Board of Appeals. The Board shall automatically renew the permit unless it finds a substantial failure to comply with these regulations reported by the Building Inspector. In the event the Board finds there has been a substantial violation of these regulations, then it shall hold a public hearing to determine the renewal of the permit.
(20) 
Fees. The fee shall be in accordance with the Standard Schedule of Fees of the Town of Tuxedo.
(21) 
Performance bond. A performance bond, as determined by the Town Board, shall be provided to ensure the proper installation of public improvements.
N. 
Quarry operations. Quarrying operations for sand, gravel or other aggregate shall be limited solely to the removal of the product from the earth and its loading for transportation. No washing, screening, crushing or other processing shall be permitted at the site. In addition, the following conditions shall prevail:
(1) 
No permit shall be valid for a period of more than three years.
(2) 
The applicant shall file a proposed plan for site rehabilitation and shall post a performance bond in form satisfactory to the Town Attorney and the Town Board in a sum sufficient to secure such rehabilitation.
(3) 
Rehabilitation of any worked-out areas shall be commenced notwithstanding that quarrying operations are still in progress at the site, provided such rehabilitation shall not unduly interfere with continued operations.
(4) 
All topsoil shall be stripped and stored at the site for respreading after the use has been completed.
(5) 
Private access roads shall be maintained with a dustless surface.
(6) 
Excavations shall be properly fenced, graded and/or stored so as not to constitute a safety hazard, and the Building Inspector shall have the right of inspection thereof. The Building Inspector may, after report and authorization by the Town Board, make such order as may be necessary to secure compliance with this provision.
O. 
Recreational uses. Recreational uses listed below, whether in private or public ownership and other than accessory to single-family residential use, shall be subject to the following regulations:
(1) 
Swimming pools shall be classified and located as follows:
Type of Pool
(class)
Maximum Area
(square feet)
Minimum Setback from Any Property Line
(feet)
A
Over 3,500
175
B
2,501 to 3,500
150
C
1,501 to 2,500
125
D
800 to 1,500
100
E
800 or less
(Refer to § 98-22K)
(2) 
All recreational facilities shall comply with the following minimum setback requirements:
Type of Facility
Minimum Setback from Any Property Line
(feet)
Handball court
100
Basketball court
50
Baseball diamond (not outfield)
100
Volleyball court
50
Concession stand
100
Casino building
100
Concentrated picnic area (tables, barbeque pits, etc.)
100
Outfield relative to baseball or softball
50
Parking area
50
Picnic ground (not improved)
50
Game normally involving less than 10 people, such as horseshoe pit, nature trail, etc.
50
Golf course fairway
50
Tennis court
50
(3) 
Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Floodlights on poles not less than 75 feet from any property line, directed toward the center of property and shielded from any nearby residential areas, shall be deemed to comply with the latter regulations.
(4) 
Noise. Public address systems or any other amplified noises are prohibited.
(5) 
Use of pool. The maximum number of families permitted to use any swimming pool shall be the area in square feet of the swimming pool divided by 10. Any portion of a pool designed to hold less than two feet of water in depth shall not be included in the total pool area set forth in Subsection O(1) above.
(6) 
Buildings. All structures shall be of a permanent nature.
P. 
Commercial forestry. Commercial forestry, as defined below, shall be subject to the following regulations.
[Added 10-21-1980 by L.L. No. 6-1980]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CLEARCUTTING
A method of harvesting where virtually all trees on a site are removed.
COMMERCIAL FORESTRY
The cutting and removal (harvesting) of trees from a tract or tracts of land totaling 25 or more acres in any one year, excluding, however, five standard cords which may be cut annually by the owner for his own use. The cleaning of lands for agricultural or building purposes or utility line rights-of-way shall be excluded from this definition.
DIAMETER LIMIT CUTTING
A method of harvesting where merchantable trees of a particular diameter or larger are cut.
LANDING
An area for the collection, storage and loading of timber for transportation.
NEW YORK TIMBER HARVESTING GUIDELINES
Timber Harvesting Guidelines for New York, as published by the New York State Department of Environmental Conservation, and any revision of those guidelines.
PROFESSIONAL FORESTER
A person who has been professionally educated in forestry or who possesses qualifications for the practice of forestry essentially equivalent to graduation from a school of forestry recognized by the Society of American Foresters.
SELECTION CUTTING
A method of harvesting where trees to be cut are selected and marked via some specified criteria before the harvesting begins.
STREAM
A continuously flowing watercourse.
THINNING
A selective cutting or deadening of trees in a stand of trees for the purpose of upgrading the quality and/or growth of the trees remaining.
TOWN ENFORCEMENT OFFICER
The provisions of § 98-22P shall be enforced by the Town Enforcement Officer and/or such other additional persons appointed by the Town Board to enforce said provisions. The Enforcement Officer shall be appointed by the Town Board and, if required by the Town Board, shall qualify as a professional forester. The Town Enforcement Officer is not required to be a resident of the Town of Tuxedo.
[Amended 4-23-1986 by L.L. No. 3-1986]
(2) 
Registration of commercial forestry operations.
(a) 
All commercial forestry operations shall be registered by the landowner with the Town Clerk. The fee for registration shall be as established by the Town of Tuxedo Standard Schedule of Fees for Commercial Forestry Registration in accordance with § 48-4O of Chapter 48 of the Code of the Town of Tuxedo. A registration shall be valid for a maximum period of five years.
(b) 
The registration statement shall include the following information:
[1] 
Name and address of the landowner.
[2] 
Name and address of the harvester (logger) or purchaser.
[3] 
Location of planned harvest operation on a map of appropriate scale or on an Orange County Tax Map to show the location of the work areas, including loading areas, haul roads, landings and stream crossings.
[4] 
Approximate acreage to be cut and approximate dates between which such harvesting activity will occur.
[5] 
A description of the proposed harvesting activity, including a description of the type of harvesting, i.e., clearcutting; diameter limit cutting, in which case the minimum diameter and height of measurement shall be designated; thinning; or selection cutting, in which case the method of selection shall be explained.
[6] 
A copy of a contract with the logger or a proposed contract with a prospective logger. If not available at the time of filing the registration statement, the contract must be filed prior to the commencement of logging operations.
[7] 
A statement of the steps to be taken:
[a] 
To mitigate and control environmental damage;
[b] 
For reclamation to limit subsequent environmental damage, including soil erosion control and the protection of streams; and
[c] 
To assure that culverts and Town roads are protected from damage caused by the logging operation and from the transportation of timber, including compliance with truck weigh limitations.
(c) 
A registration statement, to be valid, must be accompanied by the following:
[1] 
Payment of the registration fee;
[2] 
A bond or certified check from the owner or logger as required hereunder in § 98-22P(8).
(d) 
Each registration statement shall be submitted to the Town Clerk not less than 15d days before the start of harvesting operations. The Town Enforcement Officer may require the owner to submit additional information if the statement is incomplete or if such information is necessary to determine the conformity of the harvesting operation with §§ 98-9 and 98-22P of this chapter. Such additional information shall be submitted by the landowner within 10 days.
(3) 
Exemption of lands harvested under approved management plans. Lands enrolled with the State Department of Environmental Conservation under the provisions of the Forest Tax Law, § 480-a of the Real Property Law, and lands otherwise harvested and managed in conformity with a forest management plan approved by the State Department of Environmental Conservation shall be exempted from the registration requirements of § 98-22P(2) and the bonding requirements of § 98-22P(8), provided that the approved forest management plan is filed with the Town Clerk and an annual statement is filed on or before March 1 of each year, which states the approximate location, acreage, dates and harvesting methods of anticipated commercial harvesting operations for the calendar year.
(4) 
Inspection. Any land owner submitting a registration statement under § 98-22P(2) or an approved forest management plan under § 98-22P(9) shall be deemed to have authorized the Town Enforcement Officer to go upon the premises at any reasonable time, upon reasonable notice, for the purpose of inspecting the same to determine that the provisions of this chapter are being or have been complied with.
(5) 
Standards and limitations for commercial forestry operations.
(a) 
All commercial forestry operations shall be managed and conducted in accordance with the New York Timber Harvesting Guidelines, which shall be enforceable hereunder as standards for forestry operations in the Town of Tuxedo.
(b) 
Buffer strips shall be retained at least 50 feet wide along streams; at least 100 feet wide along public roads, public rights-of-way, scenic trails open to the public, lakefront areas, public buildings and parks and lands zoned residential owned by persons other than the landowner conducting the logging; and at least 250 feet wide along the boundary of adjacent residential property on which residential buildings are located. The harvesting of trees within a one-hundred-foot buffer strip along the boundary of adjacent land zoned residential but on which residential buildings are not located shall be limited to trees marked by a professional forester and approved by the Town Enforcement Officer. The requirement for such one-hundred-foot buffer strips may be waived by written permission of the adjacent landowner and approval of the Town Enforcement Officer. Within all other buffer strips, no trees shall be harvested, except light cutting for tree-thinning purposes as approved by the Town Enforcement Officer. No landings shall be located within buffer strips abutting streams, scenic trails, lakefront areas and public buildings. No landings or other operations shall be located in buffer strips adjoining property on which residential buildings are located. Utility line maintenance shall be excluded from the prohibition of cutting trees within the buffer strip.
(c) 
No harvesting, cutting or removal of products shall take place between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays or legal holidays. No harvesting, cutting or removal of products shall take place within 500 feet of the boundary of adjacent residential property on which residential buildings are located between the hours of 5:00 p.m. and 8:00 a.m. or at any time on Saturdays, Sundays or legal holidays.
(d) 
Clearcutting as a method of harvesting is prohibited unless approved by the Town Enforcement Officer where clearly justified by the requirements of sound forest management. The Town Enforcement Officer shall approve or disapprove a proposed clearcutting operation within 10 days of the submission of a commercial forestry registration statement under § 98-22P(2) in which clearcutting has been designated as the method of harvesting.
(6) 
Enforcement procedures. This subsection shall be enforced by the Enforcement Officer of the Town. Said Officer shall be authorized and shall have the right in the performance of his duties to enter upon any property proposed to be harvested, in the process of being harvested or in the process of being reclaimed after harvesting and to make such inspections as are necessary to review registrations for commercial forestry operations and to determine satisfactory compliance with the provisions of this subsection. Such entrance and inspection shall be initiated at reasonable times and upon reasonable notice, and in emergencies whenever necessary to protect the public interest, but shall be limited to those parts of the premises concerned with forest operations. It shall be the duty of the Enforcement Officer to investigate all complaints made under this subsection and to take appropriate legal action on all violations of this subsection.
(7) 
Violations.
(a) 
Upon determination by the Enforcement Officer that there has bean a violation of any provision of this subsection, he shall serve upon the property owner and the logger an initial order, in writing, to cease and desist immediately and directing that conditions therein specified be corrected within five working days after the serving of such order. The order shall also contain an outline of remedial action which, if taken, will effect compliance. Such order and notice shall be served upon a person to whom it is directed either by delivering it to him personally or by posting the same upon a conspicuous portion of the areas involved and sending a copy of the same by registered mail.
(b) 
If, after the expiration of such period, such conditions are not corrected, the Enforcement Officer shall serve a notice in writing upon such owner or logger requiring him to cease operations and to appear before the Town Justice of the Town of Tuxedo at a time to be specified in such notice, which time shall not be less than 48 hours after service of such notice.
(c) 
A violation of any provision of this subsection shall be punishable as provided in § 98-35 of this chapter, and in addition thereto a civil penalty may be imposed for the cost of correcting environmental damage or other damage caused by the operation. All or a portion of this civil penalty may be satisfied from the logger's performance bond.
(8) 
Performance bond. As a part of the registration statement as required under § 98-22P(2), a performance bond or certified check shall be posted with the Town Clerk by the owner or logger in the amount of $30 per acre of land, up to an amount not to exceed $5,000, in order to assure compliance with the provisions of this subsection. In lieu of the foregoing requirement, the owner or logger may, subject to the approval of the Town Board, file with the Town Clerk a general undertaking of indemnity in form to be approved by the Town Board. Upon completion of such harvesting activities and the compliance with all provisions of this subsection, as certified by a written statement from the Town Enforcement Officer attesting to such compliance, such bond shall be returned. In the case of noncompliance with this subsection, the Town Board shall utilize such bond or such portion thereof as may be necessary to ameliorate such noncompliance.
Q. 
Clearing, filling and grading.
[Added 8-26-1987 by L.L. No. 4-1987; amended 6-22-1988 by L.L. No. 3-1988]
(1) 
The purpose of this subsection is to promote the public health, safety and general welfare and to ensure that the clearing, filling and grading of property is safely conducted in conformance with the Town Zoning Law and other applicable ordinances. This subsection is not intended to regulate commercial forestry which is otherwise regulated in § 98-22P.
[Amended 2-16-1999 by L.L. No. 2-1999]
(2) 
Definitions.
(a) 
Unless specifically defined below, words or phrases used in this subsection shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.
(b) 
As used in this subsection, the following terms shall have the meanings indicated:
CLEARING
The removal of trees over eight inches in diameter measured at four feet above ground level and shall include the stripping of soil.
ENFORCEMENT OFFICER
The Town Building Inspector or other person so designated by the Town Board.
[Amended 2-16-1999 by L.L. No. 2-1999; 7-12-1999 by L.L. No. 8-1999]
FILLING
The placement of soil, rubble, spoils, rocks and/or any other appropriate fill on any property for the purpose of raising or elevating any portion of a property. Filling shall not include the burying of garbage, demolition or construction waste, trash or hazardous materials of any kind. The placement or transfer of unacceptable material is prohibited.
GRADING
The changing or alteration of the surfaces of slopes of lawns or grounds on a site.
(3) 
Administration by enforcement officer. The enforcement officer shall administer and implement this subsection of the Zoning Law by processing all applications and, where required, referring such applications to the Planning Board.
[Amended 2-16-1999 by L.L. No. 2-1999]
(4) 
No person shall conduct or cause to be conducted any land operations to clear, fill or grade any property without securing a permit from the Building Inspector.
[Amended 2-16-1999 by L.L. No. 2-1999]
(5) 
Application requirements. The following information or exhibits are required in order to secure a permit.
(a) 
Engineering drawings showing the tax lot upon which the activity will be conducted.
(b) 
The names, addresses and section, block and lot numbers of all contiguous property owners and the names, addresses and section, block and lot numbers of all property owners located within 500 feet of the proposed site.
(c) 
A plan showing all existing and proposed contour lines, the amount of fill to be placed or displaced, the location of trees over eight inches in diameter measured four feet from the ground, and the road access to the site.
(d) 
An erosion control plan.
(e) 
Preliminary copies of any contracts to perform such clearing, filling and grading, which contract shall state that it is subject to this subsection of the Zoning Law and that a copy of this section of the Zoning Law shall be attached to and become a part of such contract.
(f) 
Documentation regarding permit status with the New York State Department of Environmental Conservation prior to the issuance of a permit. Any New York State Department of Environmental Conservation permit required must be in effect prior to the Town issuing a permit.
(g) 
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The Town shall be named as an additional insured on the applicant's policy. The applicant shall by a separate instrument agree to indemnify and hold harmless the Town from any claims arising out of the intended activity.
(h) 
The completion date and any other information which the Planning Board deems reasonable in reviewing the application.
[Amended 2-16-1999 by L.L. No. 2-1999]
(6) 
Additional requirements.
(a) 
Operations shall be conducted only from 8:00 a.m. to 5:00 p.m. No operations shall be conducted on Sundays or holidays.
[Amended 2-16-1999 by L.L. No. 2-1999]
(b) 
Prior to the issuance of a permit, the Planning Board shall hold a public hearing on 10 business days' notice. Whenever possible, this hearing shall be combined with the hearing for site plan or subdivision approval.
[Amended 2-16-1999 by L.L. No. 2-1999]
(c) 
The Planning Board shall refer the application and supporting documentation to the Building Inspector and Town Engineer for their review and recommendation. The Board may engage the services of an independent consultant to review the application and supporting documentation, and the fees to be paid to such consultant shall be reimbursed to the Town pursuant to § 48-4H of the Town Code.
[Amended 2-16-1999 by L.L. No. 2-1999]
(d) 
Clearing, filling and grading shall be done in such manner as not to result in an increase of surface water runoff onto any other properties, and shall not result in any condition which increases erosion or results in any unstable conditions upon the site or adjacent properties or wetlands.
(e) 
The Planning Board may condition its approval on appropriate surveillance of the site on a twenty-four-hour, seven-day-week basis, until the activity is completed. The applicant shall be required as a condition of the permit to sign the permit authorizing Town employees or agents to enter onto the applicant's property to conduct the appropriate surveillance. Any and all costs for this service will be estimated by the Board prior to the issuance of a permit, and the applicant will then be required to post a certified check to cover such costs.
[Amended 2-16-1999 by L.L. No. 2-1999]
(f) 
The Planning Board may impose any other reasonable conditions on the permit, such as screening, access controls, dust controls, site security, etc., which the Planning Board believes are necessary in order to adequately maintain the site.
[Amended 2-16-1999 by L.L. No. 2-1999]
(7) 
The separate filling and grading permit shall not be required for the planting of landscaping, grading lawn areas, normal repairs of occupied property, correcting hazards representing an imminent threat to life or property, removal of dead wood or for land development pursuant to, but not prior to, an approved site plan or subdivision plan showing finished grade elevations.
[Amended 2-16-1999 by L.L. No. 2-1999]
(8) 
Performance bond. The applicant shall be required to post a performance bond or money security deposit in an amount to be determined by the Town Board to be posted with the Town Clerk to guarantee the satisfactory restoration of any state, county or Town roads or other public property which might be damaged as a result of the activities of the applicant in clearing, filling and grading pursuant to the terms of this subsection. In the event that the applicant fails or refuses to make the necessary repairs, the Town Board shall forfeit the performance bond or money security deposit in order to underwrite the expense in making such repairs.
[Amended 2-16-1999 by L.L. No. 2-1999; 7-12-1999 by L.L. No. 8-1999]
(9) 
Penalties. The Town Board may impose a fine of $5,000 or in an amount not to exceed 150% of the Town's actual costs incurred in correcting the conditions caused by noncompliance with this section, including consequential damages paid by the Town, whichever is higher. This fine shall be imposed in place of the penalties provided for in § 98-35 of the Zoning Law. The fine of 150% shall be of the total costs to the Town, regardless of any and all reimbursement to the Town by the applicant to cover those initial cost estimates.
[Amended 6-22-1988 by L.L. No. 4-1988; 2-16-1999 by L.L. No. 2-1999; 7-12-1999 by L.L. No. 8-1999]
(10) 
Severability. If any part of this subsection is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined to the part directly involved in such judgment and shall not affect the validity of the remainder of this subsection.
(11) 
The special permit shall expire 12 months after the date of issue. The Planning Board may grant an extension of 12 months duration following a public hearing as specified in Subsection C(6)(b) above, provided that all terms and conditions of this subsection are in compliance.
[Amended 2-16-1999 by L.L. No. 2-1999]
R. 
(Reserved)
S. 
(Reserved)
T. 
[Added 12-4-2000 by L.L. No. 4-2000] Residences in nonresidential structures subject to the following conditions:
(1) 
No residence shall be permitted on the ground floor.
(2) 
There shall be a minimum lot area of 4,000 square feet per residence in addition to the minimum lot area for the nonresidential use.
(3) 
There shall be a separate entrance to the residence or residential portion of the structure, which entrance shall not permit access to the nonresidential portion of the structure.
[Amended 8-11-1976 by L.L. No. 3-1976; 5-18-1977 by L.L. No. 5-1977; 6-13-1979 by L.L. No. 3-1979; 12-21-1998 by L.L. No. 4-1998]
A. 
Intent. It is the intent of these planned integrated development (PID) regulations to provide flexible land use and design through the use of performance criteria on designated areas of land to incorporate a variety of residential-use types with nonresidential uses as a planned unit. Such a planned development is to be designed and organized so as to permit the site to function without necessarily requiring the supportive services of adjacent neighborhoods. This section encourages innovations in residential development so that the demands for housing may be met by a greater variety of housing types and design and planning of structures with the benefit of preservation of environmentally constrained and ecologically sensitive land as well as the incidental benefit of more efficient land use in such developments.
B. 
Objectives. In order to carry out the intent of this section, a planned integrated development shall achieve the following objectives:
(1) 
Accommodate the need for a variety of housing, including small and large lot single-family detached residences, townhomes, condominiums and rental apartments, in a manner that provides optimal protection of the rural character of the Town of Tuxedo.
(2) 
Provide usable open space, recreational facilities and reservation of land for educational facilities in accordance with these regulations and with the subdivision regulations of the Town of Tuxedo.[1]
[1]
Editor's Note: See Ch. 85, Subdivision of Land.
(3) 
Provide accessory facilities within the site where appropriate, subject to these regulations and the subdivision regulations of the Town of Tuxedo.
(4) 
Preserve water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic and ecological values.
(5) 
Prevent soil erosion and minimize flood hazards.
(6) 
Permit the innovative and staged development of land which allows for an orderly transition of land from vacant to occupied use.
(7) 
Allow the development of an appropriate mix of residential and nonresidential uses in a manner that protects the Town's fiscal base at all stages of the PID's buildout.
(8) 
Establish an estimated population within a PID development that is consistent with the Town's desire to limit the Town's total population, including the Village of Tuxedo Park, to within a range of 10,000 to 13,000 persons.
C. 
Approvals required. Whenever any planned integrated development is proposed, and before any permits for the erection of a permanent building in such development shall be granted and before any subdivision plat or part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and obtain a special use permit from the Town Board, a site plan approval from the Planning Board and, if necessary, a subdivision approval from the Planning Board.
D. 
Special use permit standards. An application for a planned integrated development must meet the standards set forth in § 98-39 of this chapter and the general and specific design standards set forth below.
E. 
Planning Board review. Upon receipt of a special use permit application for a PID, the Town Board shall refer the application to the Planning Board for its review and comment. The Planning Board shall report to the Town Board during the course of the Town Board's review of the special use permit application. In no event shall the Planning Board submit any report later than the filing of the State Environmental Quality Review (SEQR) final environmental impact statement prepared for the PID application.
F. 
General design standards for planned integrated developments. A PID application for special use permit is subject to approval by the Town Board. An applicant applying for a special use permit shall meet the following general design standards:
(1) 
Location of planned integrated developments. Planned integrated developments are allowed in certain districts subject to § 98-9, Table of General Use Requirements, and § 98-12, Table of Bulk Requirements.
(2) 
Minimum area. The minimum area necessary to qualify for a planned integrated development shall not be less than 1,000 contiguous acres. For purposes of these provisions, property within the bounds of the proposed PID which is separated only by a road or utility easement shall be deemed to be contiguous.
(3) 
Ownership. The tract of land proposed for PID development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the PID application. In the case of multiple ownership, a plan once approved shall be binding on all owners, their successors and assigns.
(4) 
Utilities. Planned integrated developments shall be served by public water and sewage treatment systems. Such systems shall be constructed in accordance with standards and specifications adopted by the Town or, in their absence, such other standards and specifications applicable to public water and sewage treatment systems approved by the Town Board.
(5) 
Permitted uses. The following uses are permitted within a planned integrated development:
(a) 
Residential uses, which may be single-family detached, single-family attached (townhomes) and multifamily dwelling units. Dwelling units shall have a minimum of one bedroom; provided, however, that the Town Board may permit studio apartments as part of a senior-care facility. Studios shall not be permitted as part of a mixed use.
(b) 
Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses shall be required in a planned integrated development in accordance with § 98-23F(8) below. Residential and nonresidential uses are permitted throughout a planned integrated development except in areas zoned R-1 [Refer to § 98-23F(6)(b).]
(c) 
Mixed uses may be permitted, subject to approval of the Town Board as part of the special use permit, which shall be deemed to consist of structures with dwelling units in conjunction with nonresidential uses that are of a local office or neighborhood business character. The Town Board may restrict the types of nonresidential uses which may be allowed as part of the mixed use in order to protect the health, safety and welfare of inhabitants of the residential use.
(6) 
Residential development density yield. Planned integrated developments shall be permitted the density yield as calculated herein. The density yield shall be expressed in density units, each unit being the equivalent of a single-family detached or a three-bedroom or larger single-family attached dwelling unit. [Refer to § 98-23F(7).]
(a) 
For lands zoned LIO, RO, R-2, R-3 and R-4, the applicant shall calculate the net developable area contained within each zone in accordance with § 98-14D(1). In order to determine the maximum number of density units derived from these zones, the net developable area of each zone shall be multiplied by the following density factors:
Zoning District
Density Factor
(density units/acre)
R-2
0.8
R-3
2.0
R-4
3.0
LIO
0.4
RO
0.8
(b) 
Supplemental dwelling credit from R- I Districts. It is the policy of the Town of Tuxedo to protect environmentally sensitive R-1 zoned lands by allowing the transfer of development from these areas to less environmentally sensitive portions of a proposed PID. The gross acreage of the R-1 zoned lands shall be multiplied by a density factor of 0.4 density unit/acre to obtain the density unit yield for R-1 zoned lands. Such supplemental credit may be granted only on condition that the total acreage of existing R-1 zoned lands from which such supplemental density are transferred be permanently designated as open space.
(7) 
Residential dwelling unit yield. After determining the total density units which may be generated by the PID, the total number of dwelling units shall be determined in accordance with the following provisions:
(a) 
The following dwelling unit factors shall be used to establish yield:
Density Unit = 1 Dwelling Unit
1.0
Single-family detached unit
1.0
Attached dwelling with 3 or more bedrooms
0.75
Attached dwelling with 2 bedrooms. Multiple residence with 2 or more bedrooms
0.50
Multiple residence with 1 bedroom, senior studio
(b) 
A minimum of 50% of the density units shall be used to calculate the total number of single-family detached units that shall be constructed as part of the PID.
(c) 
A minimum of 20% of the density units shall be used to calculate the total number of three-or-more-bedroom attached or single-family detached units that shall be constructed as part of the PID.
(d) 
A maximum of 30% of the density units may be used to calculate the dwelling unit yield for two-bedroom attached dwelling units or multiple-residence units. Of this total, a maximum of 25% of these density units may be used to determine the total number of senior studio or one bedroom multiple-residence units. A mixed-use residential unit shall be deemed to be a multiple-residence unit and shall be subject to the provisions contained in this Subsection F(7)(d).
(8) 
Concurrent nonresidential development. As part of a PID, an applicant is required to construct concurrent nonresidential development in order to ensure that the PID provides job opportunities consistent with the objectives of the Town Master Plan and that the PID is fiscally balanced, i.e., the estimated cost of additional services to support the PID is equal to or less than the revenues generated by the PID. In order to accomplish this, the PID application shall include the following:
(a) 
Jobs/housing balance. The purpose of this requirement is to ensure that a minimum amount of nonresidential development is included in a PID to create the opportunity to achieve a jobs/housing balance in the community. The Tuxedo Master Plan contemplated that a proportion of the Town's land use base would consist of office, warehouse, light industrial or research and development uses. For each density unit generated by the PID, the PID shall include 500 square feet of office, warehouse, research and development or light industrial nonresidential space. Said nonresidential space may be located throughout a PID except in areas zoned R-1. In selecting nonresidential development sites, the applicant shall consider the objectives of the Town Master Plan and the need for transportation access, parking, accessory facilities, etc., which will be required to support future nonresidential uses. The Town Board, with the advice of the Planning Board, shall review the nonresidential development sites to determine if they provide feasible opportunities for nonresidential development.
(b) 
Local retail/service commercial uses. The applicant shall be required to provide a minimum of 25 square feet of retail or service commercial space for each density unit generated in the PID. The Town Board may waive the requirement for local retail or service commercial uses if it finds that said local retail or service commercial uses are unnecessary to service the development, and alternative locations e.g., the existing Tuxedo hamlet, in the Town may more appropriately meet these needs.
(c) 
Alternative uses to achieve fiscal balance. Once the applicant has illustrated feasible locations to accommodate the minimum amount of office, warehouse, light industrial or research and development uses and local retail/service commercial use as required in Subsection F(7)(a) and (b) above, the applicant will conduct a fiscal impact study to demonstrate whether the PID is fiscally balanced. If the fiscal impact study demonstrates that the PID results in a net cost to the community, then the applicant shall be required to increase the amount of nonresidential development proposed in Subsection F(7)(a) or (b) above, or integrate alternative land uses in its design that will allow the PID to achieve fiscal balance. Said alternative use shall be considered integral to the PID application and shall not require separate zoning actions to allow said use, provided that the Town Board deems that the alternative use is acceptable and shall have no negative impact on the health, safety or welfare of the community.
(d) 
Reduction of nonresidential uses. The Town Board may reduce the total square footage of office, warehouse, light industrial or research and development uses or retail/service commercial space by 25% or may allow alternative land uses in its place, provided that the applicant demonstrates that the reduction or substitution will result in a fiscally balanced PID. The Town Board may allow the PID to include flexible land use areas where the nonresidential use component may be substituted or reduced at a later stage of the development. For example, the Town Board may permit an applicant to designate an area for either nonresidential or residential uses, and the final decision on the development of that area will be determined at a later phase of the PID development, based on a review of the fiscal impact at that time. Flexible land use areas are only permitted in association with this twenty-five-percent reduction or substitution of nonresidential uses contained in this Subsection F(8)(d).
G. 
Planned integrated development application procedure and approval process. The PID application procedure and approval process shall consist of the following steps:
(1) 
Presubmission conference.
(2) 
Special use permit application with accompanying land development plan, requiring Planning Board review and Town Board review and approval.
(3) 
Individual site plan and/or subdivision plan submission requiring Planning Board review and approval.
H. 
Presubmission conference. At its option, the applicant may submit a preliminary or draft special use permit application with an accompanying land development plan as defined herein in order to solicit Planning Board and Town Board comment on the application's merit. The Town Board shall refer the draft application and plan to the Planning Board for its comment. The Planning Board shall submit written comments to the Town Board within 60 days of receipt of the draft application. The Town Board, upon receipt of the Planning Board's comments, shall have an additional 30 days to review said comments and issue its own comments.
I. 
Application for planned integrated development special use permit.
(1) 
Contents of the special use permit application. The special use permit application shall consist of the following items:
(a) 
A land development plan which shall include all information identified in § 85-27B of the subdivision regulations of the Town of Tuxedo.[2] The land development plan shall be approximately to scale, though it need not be so precise as to consist of finished engineering drawings. In addition to the items listed in § 85-27B, it shall also include the following:
[1] 
The location of nonresidential uses.
[2] 
Delineation of the various residential uses, indicating for each such area its general extent, size and composition in terms of the total number of dwelling units, approximate percentage allocation by dwelling-unit types (for example, single-family detached, duplex, townhouses, condominiums, garden apartments or high-rise apartments), plus a calculation of the residential density in dwelling units per gross acre.
[3] 
Delineation of the open-space system to remain undisturbed.
[2]
Editor's Note: See Ch. 85, Subdivision of Land.
(b) 
A general statement as to how common open space is to be owned and maintained.
(c) 
A proposed time schedule for development and, if staged, a general indication of how staging is to proceed.
(d) 
Traffic impact study, identifying the potential impact of traffic generated by the proposed development on the regional roadway network.
(e) 
Community services study, identifying the capacity of community services and facilities, the anticipated demand placed on such services and the potential expansion or introduction of services which may be required to service the development.
(f) 
Fiscal impact study, identifying community facility, infrastructure and other associated costs required to service the development and its impact on the Town and applicable service districts. Said study shall analyze the fiscal impact at each stage of the development.
(g) 
Demographic study, identifying the general and schoolchildren population likely to be generated by the planned integrated development. The applicant shall develop and utilize population and school children multipliers that utilize the most recent United States Bureau of Census data. The applicant shall also study and report on general and schoolchildren population multipliers and trends of comparable housing types within recently constructed residential developments within a forty-five-mile radius of the PID project site. In the event that there are no comparable developments within a forty-five-mile radius of the project site, the applicant shall submit demographic data on comparable developments within the New York City metropolitan region. The Town Board may require additional information in order to further substantiate the anticipated population impact from PID buildout in order to ensure that the proposed PID meets the goal established in § 98-23B(8) of these regulations. The Town Board shall be responsible for selecting the appropriate general and schoolchildren multipliers based on the data presented by the applicant and any additional data that the Town Board may utilize in its deliberations.
(h) 
Drainage study, analyzing preconstruction and postconstruction stormwater runoff conditions. The drainage study shall demonstrate a zero net rate of increase for stormwater runoff.
(i) 
An explanation of the character of the planned integrated development. The applicant shall submit a table providing the calculations for determining residential and nonresidential development yield.
(j) 
Evidence that the proposal is compatible with the goals of the Master Plan.
(k) 
A market feasibility study and other possible study techniques demonstrating the short- and long-term demand for the principal proposed uses within the proposed site.
(l) 
The present ownership of all lands included within the planned integrated development.
(2) 
Evidence to demonstrate the applicant's financial capacity to carry out the project and a description of previous experience with projects of a similar scale and magnitude.
(3) 
Specific design standards of the special use permit. Unless waived by the Town Board, the application shall demonstrate compliance with the following additional design standards:
(a) 
Lot area and yard requirements. The minimum lot size for single-family detached units shall be 10,000 square feet. For other housing types, the applicant shall submit prototypical layouts and design standards for minimum lot size, frontage, yard requirements and other bulk standards at the time of special use permit application.
(b) 
Natural features. Existing natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development to the maximum extent practicable.
(c) 
Height limitations. The maximum height limitation shall be 3 1/2 stories for residential uses and four stories for nonresidential and mixed uses.
(d) 
Street design. The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said streets; whether private or public, said streets shall conform to all other street and road specifications of the Town.
(e) 
Access. All uses shall have access to a public or private street except residences which need no front on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a permanent resident nonprofit civic association or corporation.
(f) 
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special use. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development or to the existing or prospective development of the Town. At a minimum, principal buildings shall be set back a minimum of 25 feet from any Town public or private road functioning or classified as a rural, suburban or collector street, a minimum of 50 feet from any Town public or private road functioning or classified as a major or arterial street and a minimum of 100 feet from any county or state road.
(g) 
Boundary setbacks, buffer areas and transitional uses. Along the boundaries of a planned integrated development, provision shall be made for a combination of uses and buffer areas which constitute a transitional separation between surrounding existing and prospective uses and the proposed development. If the existing use adjoining a planned integrated development is industrial, the screening required in this chapter shall be provided at the perimeter of the district where the proposed planned integrated development is to be constructed, to screen such residential development from glare, uses or other influences having a potentially adverse impact on the planned integrated development. Within a planned integrated development, compatibly designed and transitional buffer areas and screening between uses and structures shall be provided. The PID application shall also be reviewed with regard to its potential effect on adjoining parkland and the activities that occur therein. Where necessary, the Town Board may also require that proposed PID uses be set back sufficiently from the property boundary to protect said parkland.
(h) 
Off-street parking and loading requirements. The minimum off-street parking and loading requirements for any uses or structures in a planned integrated development shall be at least equal to the minimal requirements stipulated for such uses or structures in this chapter.
(i) 
Special considerations. Multiple-residence and attached-dwelling structures shall conform to the design requirements of § 98-22H(7) unless waived by the Town Board.
(j) 
Common property in the planned integrated development. Common property in the PID is a parcel or parcels of lands or a privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service parking and recreation areas. Common property shall adhere to the regulations contained in § 98-24 of this Zoning Chapter.
(k) 
Underground utilities. To improve the quality of the environment and to reduce inconvenience during bad weather, utilities, including electric and cable, shall be installed underground.
(l) 
Utilities and drainage facilities. Utilities and drainage facilities shall be designed in accordance with industry standards and best management practices and planned, installed and operated in a manner acceptable to the Town Board.
(m) 
Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the subdivision regulations.[3] However, where a conflict exists between the development standards contained in this section (i.e., § 98-23 et seq.) and any of the above, this section shall govern.
[3]
Editor's Note: See Ch. 85, Subdivision of Land.
J. 
SEQR. A special use permit application for a planned integrated development shall be deemed to constitute a Type I action which may require the submission of a draft environmental impact statement (DEIS). The special use permit application shall not be deemed complete until the Town Board has either adopted a negative declaration under SEQR or has accepted a DEIS as complete.
K. 
Public hearing. The Town Board shall hold a public hearing within 62 days from the day the special use permit application is deemed complete. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing.
L. 
County planning review. At least 10 days before the public hearing, the Town Board shall mail notices thereof to the applicant and to the Orange County Planning Department as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement describing the special use permit application.
M. 
Decisionmaking. The Town Board shall render its decision on the special use permit within 62 days after the close of the public hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Town Board. The decision of the Town Board 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.
N. 
Conditions. The Town Board, at its discretion, may attach any reasonable conditions on an approved PID special use permit as necessary to assure conformance of the PID with the intent and objectives of these regulations.
O. 
Planning Board approval of site specific site and/or subdivision plans. An application for site plan and/or subdivision approval made in accordance with this Zoning Chapter and/or the subdivision regulations[4] of the Town shall be submitted to the Planning Board within six months of special permit approval. The special use permit shall expire if a site plan and/or subdivision plan is not submitted within one year of special use permit approval. Special use permit approval shall expire if construction has not commenced within three years after the date of the special use permit approval.
[4]
Editor's Note: See Ch. 85, Subdivision of Land.
P. 
Community appearance and architectural review. The PID shall become subject to community appearance and architectural review upon application for site plan and/or subdivision approval; and the entire plan, showing such detail as shall enable an Architectural Review Committee or, in its absence, the Planning Board to review said plan, shall be submitted simultaneously with the site and/or subdivision plan application.
Q. 
Requests for changes to the land development plan. If in the course of detailed site development and/or subdivision review it becomes apparent that certain elements which have been approved by the Town Board are not feasible, the Planning Board shall refer said changes to the Town Board for its review. The Town Board shall determine whether said improvements are minor and are generally consistent with the approved special use permit or whether said improvements are major and require reapproval of the special use permit. Said determination shall be made by resolution of the Town Board within 60 days after referral by the Planning Board.
R. 
Staging. Site and/or subdivision plans shall be submitted for each stage of the planned integrated development in accordance with the staging plan approved as part of the special use permit. Any application for site plan and/or subdivision plan approval that does not adhere to the approved staging plan shall require reapproval of the special use permit by the Town Board, including the refiling and approval of an amended staging plan. The Town Board, in its deliberations, shall consider how the revised staging plan effects the previously considered fiscal impact and the provision of utilities or community facility improvements.
S. 
Financial responsibility. No building permit shall be issued for construction of a planned integrated development until the required improvements are installed or performance bonds or other financial guarantees and/or sureties as required by the Town Board are posted in a form acceptable to the Town Attorney in accordance with the procedures specified in § 274-a of Town Law for site plans and § 277 of Town Law relating to subdivisions.
[Added 6-23-2014 by L.L. No. 2-2014]
A. 
Intent. It is the intent of these gaming facility regulations to provide flexible land use and design through the use of criteria on designated areas of land to allow development of self-contained and fully integrated planned resort development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term transient visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities.
B. 
Objectives. In order to carry out the intent of this section, a resort development shall achieve the following objectives:
(1) 
Recognize the unique amenities, including scenic quality and natural features, that are desirable for a wide range of commercial recreational uses;
(2) 
Implement the adopted 2011 Comprehensive Plan Update by encouraging "tourist-related" uses that would benefit from proximity to state parkland; and
(3) 
Allow flexibility in the range of uses to encourage economic diversity and tourism consistent with the theme or concept for the approved resort development plan.
C. 
Approvals required. Whenever any gaming facility is proposed, and before any permits for the erection of a permanent building in such development shall be granted and before any subdivision plat or part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and obtain a special use permit from the Town Board, subdivision approval, as necessary, from the Planning Board, site plan approval from the Planning Board and Architectural Review Board approval.
D. 
Special use permit standards. An application for a gaming facility/resort development must meet the standards set forth in § 98-39 of this chapter and the general and specific design standards set forth below.
E. 
Planning Board review. Upon receipt of a special use permit application for a gaming facility, the Town Board shall refer the application to the Planning Board for its review and comment. The Planning Board shall report to the Town Board during the course of the Town Board's review of the special use permit application. The Planning Board's final report will be due within the reasonable time period established by the Town Board. Should the Planning Board fail to provide a final report within the time to do so, the Town Board may take action on the special use permit application.
F. 
General design standards for resort developments. A resort development application for special use permit is subject to approval by the Town Board. An applicant applying for a special use permit shall meet the following general design standards:
(1) 
Location of resort developments. Resort developments are allowed only in the Gaming Overlay Zoning District.
(2) 
Minimum area. The resort development must have adequate acreage for the facilities proposed. For purposes of these provisions, property within the bounds of the proposed resort development which is separated by a road or utility easement shall be deemed to be contiguous. The minimum area refers to bulk lot area and does not exclude areas containing wetlands or steep slopes.
(3) 
Ownership. The tract of land proposed for resort development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the resort development application. In the case of multiple ownership, a plan once approved shall be binding on all owners, their successors and assigns.
(4) 
Utilities. Resort developments shall be served by adequate water supply and sewage treatment systems. Such systems shall be constructed in accordance with New York State standards and specifications, and additional standards adopted by the Town, if any.
(5) 
Permitted uses.
(a) 
The following uses are permitted within a resort development:
[1] 
Indoor commercial recreational use: recreational activities conducted entirely within a building, including tourism facilities operated on a commercial or fee basis. An indoor recreation use may include the following accessory uses, such as food service facilities, hotels and resort lodges, health spas, conference centers, meeting rooms, gaming facilities, theaters, retail sales and other accessory uses clearly incidental to the recreational activity. Indoor commercial recreational use may include the premises approved under a gaming license issued by the New York State Gaming Commission which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants or other amenities.
[2] 
Outdoor commercial recreational use: recreational activities conducted outside of a building conducted on a commercial or fee basis. An outdoor recreational use may also include accessory uses and buildings, such as a clubhouse, food stands, offices, and other uses accessory and incidental to the outdoor commercial use. Golf courses are regulated as a separate use.
[3] 
Cultural and performing arts center: an indoor or outdoor facility for the live performance of dance, drama, music, or similar artistic performances, including, but not limited to, amphitheaters, pavilions, concert halls and other musical and performing arts performance areas, together with administrative, food service, interpretive and learning centers and museums, and seating facilities, together with various other accessory uses to accommodate performing arts patrons. Instructional courses in the performing arts are allowed accessory to an arts center. This definition does not include facilities principally used to display movies or other non-live performances. Nothing herein shall be construed to permit adult entertainment uses in conjunction with a cultural and performing arts center.
[4] 
Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses shall be required in a resort development in accordance with the provisions below.
(b) 
A resort development may include a mix of the above uses, which may be located on a single lot or lots to be combined, or on adjacent lots which may be separated by roads or other lots, provided that the various lots are integrated into the overall design. The lots comprising the resort development may be in separate ownership, provided that such separate ownership is integral to the overall design.
(c) 
A resort development must provide primary access to a state highway.
G. 
Resort development application procedure and approval process.
(1) 
The resort development application procedure and approval process shall consist of the following steps:
(a) 
Special use permit application with accompanying land development plan, requiring Planning Board review and Town Board review and approval.
(b) 
Individual site plan and/or subdivision plan submission requiring Planning Board review and approval.
(c) 
Architectural renderings requiring Architectural Review Board review and approval.
(2) 
The above steps may proceed concurrently, provided that neither the Planning Board nor the Architectural Review Board shall issue any approval prior to the Town Board's issuance of a resort development special use permit.
H. 
Application for resort development special use permit.
(1) 
Contents of the special use permit application. A resort development in the Gaming Overlay shall fully comply with the State Environmental Review Act, including the preparation of an environmental impact statement (EIS) as necessary. In, or in addition to, any documentation relative to an evaluation of the application pursuant to the State Environmental Quality Review Act, the special use permit application shall consist of the following items:
(a) 
A land development plan. The land development plan shall be approximately to scale, though it need not be so precise as to consist of finished engineering drawings. It shall include the following:
[1] 
The location and delineation of uses, indicating for each such area its general extent, size and composition in terms of the approximate percentage allocation by use, such as recreational uses, hotel, restaurants, and gaming.
[2] 
Delineation of the open space.
(b) 
A general statement as to how open space is to be owned and maintained.
(c) 
A proposed time schedule for development and, if staged, a general indication of how staging is to proceed.
(d) 
A traffic impact study, identifying the potential impact of traffic generated by the proposed development on the regional roadway network.
(e) 
A community services study, identifying the capacity of community services and facilities, the anticipated demand placed on such services and the potential expansion or introduction of services that may be required to service the development.
(f) 
A fiscal impact study, identifying community facility, infrastructure and other associated costs required to service the development and its impact on the Town and applicable service districts. Said study shall analyze the fiscal impact at each stage of the development.
(g) 
A drainage study, analyzing preconstruction and post-construction stormwater runoff conditions. The drainage study shall demonstrate that stormwater runoff will be minimized to the extent practicable and shall meet stormwater permit standards.
(h) 
An explanation of the character of the resort development.
(i) 
Evidence supporting a finding that the proposal, as finally approved, remains compatible with the goals of the adopted 2011 Comprehensive Plan Update.
(j) 
A market feasibility study and other possible study techniques demonstrating the short- and long-term demand for the principal proposed uses within the proposed site.
(k) 
The present ownership of all lands included within the resort development.
(2) 
Evidence to demonstrate the applicant's financial ability to carry out the project and a description of previous experience with projects of a similar scale and magnitude.
(3) 
Specific design standards of the special use permit. Unless a parameter within the sole jurisdiction of the Town is waived by the Town Board, the application shall demonstrate compliance with the following additional design standards:
(a) 
Lot area and yard requirements. The applicant shall submit layouts and design standards for minimum lot size, frontage, yard requirements and other bulk standards at the time of special use permit application.
(b) 
Natural features. Existing natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development to the extent practicable.
(c) 
Street design. The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said streets; whether private or public, said streets shall conform to all other street and road specifications of the Town.
(d) 
Access. The resort development shall provide its principal access to a state highway.
(e) 
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special use. The location and arrangement of structures shall not be detrimental to existing adjacent development or to the existing or prospective development of the Town.
(f) 
Boundary setbacks, buffer areas and transitional uses. Along the boundaries of a resort development, provision shall be made for a combination of uses and buffer areas which constitute a transitional separation between surrounding existing and prospective uses and the proposed development. If the existing use adjoining a resort development is residential, the screening required in this chapter shall be provided at the perimeter of the site where the proposed resort development is to be constructed, to screen such residential development from glare, uses or other influences having a potentially adverse impact on the residential development. The resort development application shall also be reviewed with regard to its potential effect on adjoining parkland and the activities that occur therein. Where necessary, the Town Board may also require that proposed resort development uses be set back sufficiently from the property boundary to protect said parkland.
(g) 
Off-street parking and loading requirements. Sufficient and adequately designed off street parking spaces and loading areas shall be provided, and the internal circulation system shall be adequate to provide safe accessibility within the site. Parking shall also be provided for use by the residents of the Town as determined by the Town Board.
(h) 
For resort developments, the percentage of development coverage shall mean the area of the site covered by principal and accessory buildings, structures, and impervious surfaces only and shall not include parking areas, walkways or other areas that are improved with permeable pavement, pavers or other permeable or pervious surfaces.
(i) 
Underground utilities. To improve the quality of the environment and to reduce inconvenience during bad weather, utilities, including electric and cable, shall be installed underground within the resort.
(j) 
Utilities and drainage facilities. Utilities and drainage facilities shall be designed in accordance with New York State and local requirements and industry standards and best management practices and planned, installed and operated in a manner acceptable to the Town Board.
(k) 
Permanent open space. Open space shall be provided and permanently protected in an amount, location and manner as determined by the Town Board.
(l) 
For purposes of resort developments, the restriction on maximum building height shall mean the vertical distance, measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street, to the highest point of such structure, excluding architectural features such as spires and chimneys.
(m) 
The provisions of Town Zoning Law § 98-22E regarding restrictions on hotels shall not apply to hotels within a resort development.
(n) 
Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the Subdivision Regulations.[1] However, where a conflict exists between the development standards contained in this section (i.e., § 98-23.1) and any of the above, this section shall govern.
[1]
Editor's Note: See Ch. 85, Subdivision of Land.
I. 
Public hearing. The Town Board shall hold a public hearing within 45 days from the day the special use permit application is deemed complete. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint hearing shall be held by both boards on all related pending applications and for SEQR as needed. Any notice for a joint public hearing must satisfy the minimum requirements of the relevant applicable notice provisions for site plan and/or subdivision applications.
J. 
County planning review. Prior to the public hearing, the Town Board shall mail notices thereof to the Orange County Planning Department as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement describing and including the special use permit application. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint referral shall be made for all related pending applications.
K. 
Decisionmaking.
(1) 
No special permit for the Gaming Overlay may be granted in the absence of a license from the New York State Gaming Commission, although a conditional final approval may be granted conditioned upon such license. The Town Board shall render its decision on the special use permit within 62 days after the close of the public hearing. The time within which the Town Board must render its decision may be extended by the consent of the applicant. The decision of the Town Board 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.
(2) 
Community appearance and architectural review. The resort development shall become subject to community appearance and architectural review upon application for site plan and/or subdivision approval; and the entire plan, showing such detail as shall enable the Architectural Review Board or, in its absence, the Planning Board to review said plan shall be submitted simultaneously with the site and/or subdivision plan application.
(3) 
If the applicant has filed concurrent applications for site plan and/or subdivision approval with the Planning Board and architectural review before the Architectural Review Board, the Planning Board and Architectural Review Boards shall render their decisions on the related applications pending before them within 62 days following the Town Board's decision on the special use permit. The time within which the Planning Board and Architectural Review Board must render their decisions may be extended by the consent of the applicant.
L. 
No building permit for the construction of any structure shall be issued by the Town until the New York Gaming Facility Siting Board has issued a license for the gaming facility component of the resort development.
M. 
Conditions/waivers. The Town Board, at its discretion, may attach any reasonable conditions on, or grant any waiver of bulk standards in the Zoning Law for, an approved resort development special use permit as necessary to assure conformance of the resort development with the intent and objectives of these regulations and those of the Gaming Facility Location Board. All such conditions and waivers shall be expressly set forth in writing in the Town Board's decision.
N. 
Special use permit approval shall expire if construction has not commenced within two years after the date of the special use permit approval.
O. 
Requests for changes to the special use permit. If, in the course of detailed site development and/or subdivision review, it becomes apparent that certain elements which have been approved by the Town Board are not feasible, or are materially inconsistent with the proposed site plan or amendment thereto, the Planning Board shall refer said changes to the Town Board for its review. The Town Board shall determine whether said improvements are minor and are generally consistent with the approved special use permit or whether said improvements are major and require reapproval of the special use permit. Said determination shall be made by resolution of the Town Board within 30 days after referral by the Planning Board. If the Town Board determines that such changes are minor, no further Town Board action shall be required.
P. 
Financial responsibility. No building permit shall be issued for construction of a resort development until the required improvements are installed or performance bonds or other financial guarantees and/or sureties as required by the Town Board are posted in a form acceptable to the Town Attorney in accordance with the procedures specified in § 274-a of Town Law for site plans and § 277 of Town Law relating to subdivisions.
[Amended 5-18-1977 by L.L. No. 5-1977; 6-13-1979 by L.L. No. 3-1979]
Open space land created as part of a subdivision or planned integrated development and not dedicated in fee simple to the Town of Tuxedo for recreation purposes shall be in one of the following forms of ownership: a homes association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and by the Town Board; a homes association approved by the Town Board; or any other arrangement approved by the Town Board as satisfying the intent of this chapter. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homes association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this chapter are carried out. Open space land includes in all cases the land residual represented by the permitted number of dwellings, the minimum lot size for that number of dwellings and the density prescribed in § 98-14. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions:
A. 
The homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities.
B. 
Title to all common property shall be placed in the homes association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time.
C. 
Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.
D. 
Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homes association.
E. 
Dedication of all common areas shall be recorded directly on the subdivision plat or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
(1) 
Reserve the title of the common property for the homes association free of any cloud of implied public dedication.
(2) 
Commit the developer to convey the areas to the homes association at an approved time.
(3) 
Grant easements of enjoyment over the area to the lot owners.
(4) 
Give to the homes association the right to borrow for improvements upon the security of the common areas.
(5) 
Given to the homes association the right to suspend membership rights for nonpayment of assessments or infraction of published rules.
F. 
Covenants shall be established limiting all lots to one-family use, or as stipulated on the approved site plan, and all common lands to open space uses. No structures may be erected on such common lands except as shown on the approved site plan.
G. 
Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.
H. 
The homes association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. The homes association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.
I. 
The developer shall assume all responsibilities previously outlined for the homes association until a majority of the dwelling sites are sold, at which time the homes association shall be automatically established.
J. 
Prior to site plan approval the developer shall file with the Town Board a performance bond to ensure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to ensure the proper maintenance of all common lands until the homes association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Board.