[Amended 2-21-1990 by L.L. No. 1-1990]
No building or any premises shall be used or
maintained and no building shall hereafter be constructed, enlarged
or reconstructed or used for any purpose except one or more of the
purposes enumerated below:
A.
One-family dwelling.
B.
Such accessory uses as are customary in connection
with the foregoing use and are incidental thereto, provided that an
accessory building existing as of the effective date of this chapter
may be used for residence purposes for guests or employees of the
owner or tenant of the principal building, subject to the granting
of a permit by the Board of Zoning Appeals; and provided, further,
that a boathouse under no circumstances shall be used for residence
purposes; and provided, further, that such accessory building and
its principal building independently both meet all provisions of the
laws of the Village and the New York State Uniform Fire Prevention
and Building Code.
C.
The front, side or rear yards may be used for the
open-air parking of up to five registered passenger vehicles of the
owner, his family or his household employees, which vehicles are frequently
and regularly used and parked no closer than five feet to any property
line. Vehicles in excess of this number shall be screened or housed
so as not to be visible from the public roads and neighboring properties.
D.
Public utility or municipal structures necessary for
the service of the area. Notwithstanding the foregoing, the construction
of pipelines for the purpose of transmission of refined or unrefined
petroleum products anywhere within the Village is prohibited.[1]
[Amended 1-26-2016 by L.L. No. 1-2016]
E.
A nameplate not over one square foot in area may be
erected. It shall not be attached to any tree or fence but, rather,
shall be attached to a standard sunk in the ground. Customary nameplates
listing the name of the owner of the property and/or the house name
shall not require a permit.
F.
Any existing
multifamily dwelling legally in existence as of February 17, 1987,
shall be permitted.
[Added 6-10-2009 by L.L. No. 5-2009]
G.
A residence
building shall only be used for permanent residence purposes. It shall
be unlawful to advertise occupancy or use of a residence building
for other than permanent residence purposes. A person or entity (including
a principal of any entity) who rents property from a premises owner
or lawful lessee who is in violation of this chapter shall be deemed
to have committed a separate and independent violation of this chapter.
[Added 6-20-2018 by L.L. No. 1-2018]
[Added 6-23-2008 by L.L. No. 4-2008]
A.
Findings.
(1)
The Board of Trustees finds that many landscape and geological
features and improvements, as herein referenced, having a special
scenic character, including a special historic or aesthetic interest
or value, have been altered or changed in the past, notwithstanding
the feasibility of preserving and continuing the use of such landscape
and geological features and improvements. In addition, distinct areas
of landscape, geological and improvement features may be similarly
altered or have their distinctiveness destroyed in the future, although
the preservation thereof may be both feasible and desirable. It is
the belief of the Board of Trustees that applicants for land use development
permits should not disregard or destroy the scenic landscape, geological
and aesthetic features of the Village; instead, they should, wherever
feasible, ensure and further the preservation of such features.
(2)
The Board of Trustees desires to protect the significant historic
and scenic landscape of the Village that is an integral element of
this "residential park" conceived by Pierre Lorillard that weds "structure
to site." The Village of Tuxedo Park is a designated Historic District
listed on the National Register of Historic Places and the New York
State Register of Historic Places. The gateways that lead to Tuxedo
Lake are significant scenic corridors that must be protected to the
maximum extent practicable.
(3)
Despite the best intentions of the Village to encourage development
that is in keeping with the historic character of Tuxedo Park, conventional
site and subdivision development has the potential to erode the significant
historic and scenic character of the community. The Board of Trustees
finds that additional regulatory mechanisms are necessary to control
activities that occur on gateway properties adjoining the primary
Village gateway roads that provide access to Tuxedo Park, namely:
Tuxedo Road and South Gate Road.
(4)
In order to achieve the Village's objective to preserve the
character of land within the G-O District while allowing property
owners reasonable use of their property, the Village has established
the overlay district to permit uses and structures in accordance with
the standards set forth herein.
B.
General objectives. It is hereby declared as a matter of public policy
that the protection, enhancement, perpetuation of the historic and
scenic landscape is a public necessity and is required in the interest
of the health, safety and general welfare of the people. The purpose
of this section is to institute a zoning district that overlays the
Four-Acre Single-Family Residence (A4) District and provides for additional
regulations that are intended to:
(1)
Protect and enhance the historic and scenic qualities of the
Village's gateways which are integral visual elements of this National
Register Historic District.
(2)
Subordinate new structures, especially principal buildings,
in the landscape, so that the view corridors observed from the Village's
gateway roads are protected.
(3)
Stabilize and improve property values in the Village by prohibiting
incompatible disturbances to the landscape.
(4)
Regulate the location of new structures and limit landscape
disturbance to properties in the overlay district during site plan
and subdivision plat review in order to effectuate the purposes of
this section.
(5)
Encourage and allow the rehabilitation, improvement or alteration
of existing structures to effectuate the objectives of this section.
C.
Uses allowed. The G-O District shall be subject to the district regulations set forth in § 100-6 of the Zoning Law.
D.
Gateway standards.
(1)
Standards. In reviewing any application for site plan or subdivision plat approval, the duties and responsibilities of the Planning Board and the Board of Architectural Review are as specifically set forth in §§ 17-3, 100-54, and all rules and regulations contained in the Code of the Village of Tuxedo Park and all other applicable laws and regulations, and nothing set forth in this section shall alter such duties and responsibilities. For purposes of this section, "approving agency" shall mean either the Planning Board or the Board of Architectural Review as the context shall dictate.
(2)
Gateway standards. The existing rocky woodland landscape provides
visual context to this National Register community, especially along
the view corridors extending from the Village's two gates, Main Gate
and South Gate, to Tuxedo Lake. The Village of Tuxedo Park desires
to retain the historic character of the gateways by subordinating
and obscuring views of new structures in the landscape so as to allow
the historic properties along and visible from the gateway to maintain
visual prominence. The following standards shall apply specifically
to gateway properties:
(a)
Buffer required. On all properties within the G-O District,
unless the approving agency shall find it infeasible, there shall
be a one-hundred-fifty-foot setback buffer zone measured from the
edge of the pavement surface of Tuxedo Road and South Gate Road where
these roads are adjacent to such G-O District properties. Within such
area, there shall be (except as authorized by the approving agency)
no new buildings erected or grading or clearing conducted except in
conformity with these regulations. Where determined necessary by the
approving agency, an increased setback buffer may be required to achieve
the objectives of the G-O District.
(b)
Landscaping. Within the buffer, no property owner or agent shall be permitted to remove or top any live tree over five inches in diameter, measured 48 inches above the ground without approval from the Board of Architectural Review and a permit from the Board of Trustees unless said tree removal has been authorized in conjunction with an approved site plan or subdivision plan. Outside the buffer, tree removal shall be conducted in accordance with the provisions of the Village Code § 100-14, Trees.
(c)
Access driveways and new roads. Presently, Tuxedo Road and South
Gate Road are the principal collector roads through which residents
and visitors access the community. These gateway roads are almost
devoid of private driveways that provide direct vehicular access to
the gateway roads. Most existing properties within the overlay district
have frontage on, or otherwise obtain access from, Village roads other
than gateway roads. The result is that the gateway roads have maintained
their natural, scenic and historic character, as they do not exhibit
multiple driveway curb cuts, views of macadam or other driveway surfaces,
mailboxes, or other features associated with residential motor vehicle
use and conventional subdivision and site design. The lack of driveways
on gateway roads also limits potential conflicting vehicular movements
thereby improving road safety. In order to preserve the historic and
scenic landscape of the G-O District:
[1]
Driveways shall not be permitted to intersect with gateway roads
where vehicular access may be obtained from a Village road other than
a gateway road. Driveways may access a gateway road where the approving
agency finds that strict application of this provision would eliminate
reasonable use of an existing property. The approving agency, at its
discretion, may permit shared use of a driveway onto a road other
than a gateway road without the need to obtain an area variance to
achieve the objective set forth herein.
[2]
Driveways shall take advantage of the screening potential of
natural topography and existing vegetation and shall be routed through
the property to limit the visibility of said driveways.
[3]
Where the approving agency determines that a driveway is required
to access a gateway road, the approving agency may establish conditions
to limit views of the driveway from the gateway road, including but
not limited to the route that the driveway shall follow and vegetative
screening to limit views of the driveway from the gateway road, while
also preserving safe sight distances for ingress and egress to such
driveways. Further, the Board of Architectural Review shall have the
discretion to determine the materials to be used in driveway construction
and the design of landscaping plans and walls.
[4]
New roads that would enter into a gateway road shall not be
permitted.
(d)
Design of structures. Structures, to the extent feasible, shall
not penetrate the skyline when viewed from a gateway road. The approving
agency may establish a limit on the maximum building height to achieve
this objective. Further, the Board of Architectural Review shall have
the discretion to require that structures located on sloping sites
be built into the existing topography to the maximum extent practicable,
so that they conform to the natural contours of the site without excessive
blasting, terracing, filling, or mechanical recontouring.
(e)
Facade orientation. The approving agency shall have the discretion
to determine to which road any structure shall front. The approving
agency shall determine the orientation of structures on a gateway
property, taking into consideration the potential future views of
same from the gateway road and potential impact to the view corridor.
(f)
Materials: texture and color. In order to achieve the objectives
of the Gateway Overlay District, the Board of Architectural Review
may require the use of materials, colors and textures of construction
materials that allow structures to blend into the colors of surrounding
vegetation or land features.
(g)
Location. The approving agency may require that a structure
be set farther back from a precipice or other topographic edge visible
from a gateway road in order to maintain a natural vegetative buffer
and reduce a structure's visibility from a gateway road.
(h)
Retaining walls. Retaining walls shall be used in a fashion
consistent with the objectives of the G-O District, as determined
by the approving agency, which may impose limits on the maximum length
and height of any retaining wall in order to achieve those objectives.
Design of retaining walls shall be certified by a New York State licensed
engineer and approved by the Village. Retaining walls shall be designed
using materials consistent with existing historic walls within the
Village. The approving agency may require that retaining walls be
stepped and designed as a series of terraces, as necessary, to allow
installation of vegetation to screen the retaining wall system. Terrace
width shall be adequate to support vegetative plantings, if terracing
is allowed.
(i)
Cuts. The maximum height of any cut used to establish a building
site, a road or a driveway shall not exceed 10 feet unless the approving
agency finds that the cut is necessary to achieve the objectives of
this section.
(j)
The Board of Architectural Review shall require the installation
of landscaping to mitigate any erosion or visual impacts associated
with proposed cuts or retaining walls.
(k)
Where a new structure would not be adequately screened by natural
vegetation, native vegetation shall be planted to augment the existing
vegetation and maintain visual integrity of the view corridor from
the gateway roads. Native vegetation shall be planted to mimic the
existing species composition of the woodland within the Village of
Tuxedo Park. The use of earthen berms to screen structures is not
in character with the immediate natural surrounds and may be prohibited
by the approving agency.
(l)
Disturbances. Disturbances, such as grading, land clearance,
utility installation and other activities that reduce natural vegetation
on the site shall be limited to the maximum extent practicable. The
approving agency shall have the authority to limit the building and
disturbance footprint where it finds that disturbance activities would
have a deleterious impact on the G-O District.
(m)
Subdivision plat and site plan review. The approving agency
may impose limits on the proposed building size, amount of development
coverage, and amount of proposed disturbance, in order to reduce or
eliminate impacts to the G-O District.
[Added 6-23-2008 by L.L. No. 4-2008]
A.
Subdivision and site plan approval. Any application for subdivision
or site plan approval for property located in the G-O district shall
include clear topographic data of the site in relation to the gateway
roads and shall include, at a minimum, a line-of-sight profile drawing
depicting the potential visibility of all proposed structures. The
following additional data may be required if the approving agency
determines that said data are necessary to ensure that the objectives
of the overlay district are achieved:
(1)
A visual analysis, the methodology of which is to be approved
by the approving agency prior to the commencement of the analysis.
This may include additional drawings or photo simulations of the proposed
structure(s) overlaid on photographs of the site from various distances
and perspectives. Said visual analysis shall consider the visibility
of any structures during off- and on-leaf conditions.
(2)
A cultural resource survey documenting the history and architectural
features of the property.
(3)
Details of any vegetation to establish or supplement buffer
screening areas.
(4)
A tree survey documenting the location, type, and diameter breast
height (DBH) of every tree five or more inches DBH. In addition, the
approving agency may also require an inventory of shrubs and plants
for purposes of identifying native species that are present.
(5)
Sample building materials and color swatches.
(6)
Additional information as requested by the approving agency
in its review jurisdiction provided for by the Village of Tuxedo Park
Code.
B.
Existing structures. Nothing in this section is intended to or shall
require any action to alter or obscure views of or from a structure
existing that may be located within the G-O District at the time of
the adoption of this provision or the essential character of the property
on which such structure is located.
C.
Permanent restrictions. In order to ensure the permanent achievement
of the objectives of the G-O District provisions of this chapter,
the approving agency may include, as a condition of any approval it
may grant, a perpetual restriction upon development of a property
the subject of the application. Such condition may be imposed by map
note, resolution recital and/or by the recording of an instrument
providing that such restriction shall run with the land. The approving
agency may also, in appropriate circumstances, recommend to the Board
of Trustees that a conservation easement running to the Village be
accepted. In such a case, the conservation easement shall be recorded
in the Orange County Clerk's office prior to or simultaneously with
the filing of a final subdivision plat with the county or, in the
case of a site plan, prior to or simultaneously with the filing of
a site plan with the Village Clerk.
D.
SEQRA. Nothing herein shall or is intended to limit the approving
agency's authority to conduct SEQRA review or to limit the extent
of said review in connection with any application that may apply to
land within an overlay district.
E.
Conflicting provisions. If in any case the provisions of this section
conflict with other provisions of the Code of the Village of Tuxedo
Park, the provisions which impose the more stringent requirement shall
apply.
F.
Compliance with other regulations. All development allowed by right
or allowed by permit shall also conform to all rules and regulations
contained in the Code of the Village of Tuxedo Park and all other
applicable laws and regulations.
Without regard to the generality of this article,
as limited by the particularization of the foregoing specified uses
and purposes, no building or premises shall be used for any purpose
which is or may be obnoxious or offensive by reason of causing or
emitting odor, smoke, vapor, gas, bright light, dust, garbage, refuse
matter, noise or vibrations or that is dangerous or harmful to the
health, peace, comfort or safety of the community, that involves any
explosive menace or serious fire hazard or that tends in any manner
to disturb or annoy the residents of the Village. Further, no building
or premises shall be used or neglected in such a manner that causes
an unsightly condition in landscaping, siding, litter, debris, derelict
vehicles, refuse, construction materials, unfinished or deteriorating
structures or any other intrusion on the visual quality of the community.[1]
A.
The following minimum requirements are hereby established:[1]
[1]
Editor's Note: The Schedule of Minimum Area and Bulk Regulations is included as an attachment to this chapter.
A.
Certain structures are permitted within the minimum
yard dimensions of a lot. These include fences, driveways, bridges,
gates, culverts, ornaments, mailboxes, stanchions, lamps, gravel bins
and refuse sheds, provided that they comply with the provisions of
this chapter, and provided that the necessary permits have been granted
for each such intrusion.
B.
Decks, porches, patios, verandas, terraces and other
above-grade exterior space shall:
[Added 12-21-1990 by L.L. No. 1-1990]
(1)
Require architectural review and a Building Permit.
(2)
Be limited in size to 25% of the enclosed ground floor
area of the associated building.
(3)
Be painted, stained or constructed of materials so
as to harmonize with the main structure.
(4)
Be provided with appropriate stairs, rails and to
prevent unnecessary hazards.
(5)
Be maintained in an attractive, safe and structurally
sound condition.
[Amended 12-21-1990 by L.L. No. 1-1990]
No dwelling or part thereof shall be erected
to a height in excess of 3 1/2 stories, nor shall the height
of any dwelling building exceed 70 feet, subject to the restrictions
of the New York State Uniform Fire Prevention and Building Code. Accessory
buildings shall not exceed two stories or 35 feet in height, measured
similarly. The Boards may impose heights limits on other structures
as they deem appropriate.
[Added 12-21-1990 by L.L. No. 1-1990]
Any antenna, fixed or movable and over four
feet in length, width or height, including its mounting structure,
shall require, before erection or use, a formal Building Permit, including
architectural review, just as would any other structure.
[Amended 12-21-1990 by L.L. No. 1-1990]
All construction, including accessory buildings,
driveways and other structures, shall not cover more than 25% of the
area of the lot.
[Amended 12-21-1990 by L.L. No. 1-1990]
No building or structure shall be constructed
on a lot where 75% of the lot area has a slope or grade of 20% or
steeper.
The entirety of all activities that require a building permit, any part of which is to occur within the mapped Ridge Line and Precipice Overlay District areas, but not activities that require a building permit on that portion of a property occurring wholly outside of the mapped Ridge Line and Precipice Overlay District areas, shall be subject to the following regulations. When the phrase "approving agency" is used in this § 100-13, it shall mean any Village board or official having approval power in connection with an application for a permit or other approval from the Village.
A.
Tailoring to the natural terrain.
(1)
All structures and associated driveways, gardens, terraces, walls,
ponds, patios, and utilities are to minimize to the greatest extent
practicable all blasting, chipping, cutting, filling, and mechanical
recontouring of the natural terrain, and shall also take advantage
of the screening potential of existing vegetation and land features.
(2)
Natural and historic features that provide scenic importance to the
mapped areas of the Ridge Line and Precipice Overlay District areas
shall be preserved to the greatest extent practicable. These features
shall include, but are not limited to, historic structures, stone
walls, steps and paths, boulders, natural rock outcroppings, streams,
unpaved pathways, and trees and shrubs that are consistent with species
typically found in the Village.
B.
Siting and height of structures.
(1)
To the maximum extent practicable, structures shall be sited at the
lowest feasible elevation in order to be as visually inconspicuous
as possible when viewed from any public roadway, taking into consideration
the property owner's interest in achieving reasonable views that the
property would otherwise allow balanced against the detriment to the
public viewsheds of the Village.
(2)
The maximum height of the principal structure, as measured from the
lowest grade adjoining the structure to the highest part or feature
of the structure, shall be limited to 50 feet in total, but in no
event more than 20 feet above the highest elevation of the natural
precipice or ridge area within the RLP-O District on which the foundation
sits.
(3)
The maximum height of an accessory structure, as measured from the
lowest grade adjoining the structure to the highest part or feature
of the structure, shall be limited to 35 feet in total, but in no
event more than 20 feet above the highest elevation of the natural
precipice or ridge area on which the foundation sits.
(4)
To the maximum extent practical all structures shall step with or
follow the natural terrain to minimize regrading. Landscaping may
be directed by the approving agency as mitigation for negative impacts
on such public viewsheds.
(5)
In no case shall a structure pierce the skyline as seen from any
public roadway or surface of the Village lakes.
C.
Use and integration of building materials, colors and landscaping.
(1)
The approving agency may permit construction to follow the style,
material, and color of an existing main dwelling.
(2)
Existing and additional building materials (including but not limited
to retaining walls using native stones) shall be used with earth-toned
and nonreflective building materials (including but not limited to
glazing) to ensure that the structure blends with the surrounding
land features.
(3)
Existing and additional landscaping (including but not limited to
vegetation and foundation plantings) shall be used to ensure that
the structure blends with surrounding land features and vegetation.
(4)
Existing vegetation shall be preserved and maintained to the maximum
extent practicable.
(5)
Clear-cutting of trees in a single contiguous area shall be prohibited,
unless expressly permitted by the approving agency as part of an approval
for a site plan or subdivision application.
(6)
Where a new structure would not be adequately screened by existing
vegetation, appropriate species that are consistent with noninvasive
species typically found in the Village shall be planted and maintained
so that there is no obvious disruption of vegetative cover or piercing
of the skyline. As determined necessary by the approving agency, this
requirement to preserve and maintain vegetation coverage may be enforced
by performance and/or maintenance bonds for a reasonable period of
time and/or by deed restriction in favor of the Village.
(7)
Regardless of whether there is an application pending for a permit
for activity within the Ridge Line and Precipice Overlay District,
there shall be no removing, topping, or killing any live tree with
five or more inches diameter, measured 48 inches above the ground,
within those portions of properties located within the Ridge Line
and Precipice Overlay District without approval from the Board of
Architectural Review and a permit from the Board of Trustees, unless
the tree removal has been authorized in conjunction with an approved
site plan, subdivision plan, or other permit issued by the Village.
In the event of an emergency, trees may be removed. However, an application
shall be made within 10 business days after removal for authorization
for such removal, which will obviate the assessment of any fines or
other enforcement for such removal if the Board of Architectural Review
determines that an emergency existed that likely would cause harm
to persons or property if the trees were not removed prior to the
time necessary to obtain a permit for their removal. For every tree
removed in accordance with this subsection, the approving agency may
require replanting of an appropriate number and placement of trees
and/or shrubs that are consistent with species typically found in
the Village to achieve compensatory coverage.
D.
Use of lighting. The visual impact of the lighting related to any
construction shall be reviewed prior to installation by the approving
agency. In no event shall the lighting of structure facades be permitted,
except for the illumination of the entryways to the structure. For
all exterior lighting, all light fixtures shall be fully shielded,
i.e., designed, constructed, tamped, and installed in such a manner
so that all light emitted, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the fixture, is projected below a horizontal plane through the fixture's
lowest light-emitting part.
E.
Additional submittals.
(1)
Soil stability analysis. A soil stability analysis shall be submitted
to the approving agency to demonstrate that the construction will
not compromise the stability of the terrain (including any man-made
structure on site) and certified to that effect by a New York State
licensed geotechnical engineer. The approving agency may waive this
requirement if the Village Engineer advises the approving agency that
it is unnecessary owing to the particular conditions of the site and
the nature of the requested approval.
(2)
Visual impact analysis. A visual impact analysis shall be submitted
to the extent and level of detail commensurate with the circumstances
of the requested approval, if the approving agency makes a finding
that any structures may have a significant visual impact on the environment.
Such visual impact analysis may be required to include a verifiable
digital photomontage combining an existing conditions photograph with
a three-dimensional computer-aided design ("CAD") model of proposed
conditions using match points that are in common in both the three-dimensional
model and the photograph to create a verifiable visual simulation
of the proposal, during leaf-off - no snow conditions, from distances
and vantage points as determined appropriate by the approving agency.
(3)
Tree survey. A tree survey shall be submitted showing on the site
plan the location, type, and diameter of every tree of five or more
inches in diameter, measured 48 inches above the ground that is being
proposed to be eliminated. The approving agency may require a photographic
record of the vegetative coverage taken from vantage points determined
by it to be appropriate given the particular circumstances of the
requested approval. In addition, the approving agency may require
an inventory of shrubs and plants for purposes of identifying species
typically found on the property and determining appropriate compensatory
coverage.
[1]
Editor's Note: Section 9 of this local law provided that the
following are exempted from this local law: normal repairs and maintenance
that do not alter the design, materials or appearance of a structure
and construction which had received all necessary final approvals
from the Planning Board and/or Board of Architectural Review, or received
a final filed decision from the Board of Zoning Appeals granting a
variance upon a determination that such construction is on a ridge
line or at the end of a precipice, prior to 8-20-2008.
[Added 6-10-2009 by L.L. No. 7-2009[1]]
Owing to water pressure limitations, no building permit for
a new dwelling may be issued by the Building Inspector for a dwelling
the foundation of which would be at or higher than 800 feet above
sea level if located east of the three Tuxedo lakes or 900 feet above
sea level if located west of the three Tuxedo lakes unless and until
a written opinion of the Village Engineer states that adequate water
pressure exists to service the dwelling and neighboring dwellings
on the same waterline.
[1]
Editor's Note: Section 9 of this local law provided that the
following are exempted from this local law: normal repairs and maintenance
that do not alter the design, materials or appearance of a structure
and construction which had received all necessary final approvals
from the Planning Board and/or Board of Architectural Review, or received
a final filed decision from the Board of Zoning Appeals granting a
variance upon a determination that such construction is on a ridge
line or at the end of a precipice, prior to 8-20-2008.
[Amended 12-21-1990 by L.L. No. 1-1990]
Trees shall not be removed for any commercial
purposes. No lot owner or agent shall be permitted to remove or top
more than four live trees over five inches in diameter, as measured
48 inches above the ground, in any calendar year without approval
from the Board of Architectural Review and a permit from the Board
of Trustees.[1] During new construction, trees may be removed only in
the approved building area and along the approved driveway course
to said building. Normal trimming or pruning of low branches may be
carried out without a permit therefor.[2]
[Added 12-21-1990 by L.L. No. 1-1990]
A.
Storage of firewood.
(1)
Outdoor storage of precut firewood is permitted
on the owner's property, provided that:
(a)
No storage occurs within the minimum front yard,
rear yard or side yards as defined in this chapter.
(b)
The pile is maintained in a neat, orderly and
pestfree condition three inches to 12 inches off the ground.
(c)
No more than one cord is stored at any time,
except that up to four cords are permitted if, by virtue of positioning
or all-season landscaping, none is visible from any road or other
residence.
(d)
No pile shall be higher than five feet nor longer
than 20 feet.
(e)
Only cut and/or split logs of maximum three-foot
length shall be permitted.
(2)
Any wood storage considered to be unsafe, unsightly
or unhealthy is subject to an order of discontinuance by the Board
of Trustees, Police Chief or Building Inspector.
(3)
No stockpiles of leaves, paper, coal, charcoal,
lumber or other combustible material shall be permitted (except as
authorized above) unless a special written permit is issued by the
Board of Trustees.
B.
Temporary enclosures. Protective covers and enclosures
such as snow fencing, tarpaulins, burlap shrub-wrapping, chicken-wire
garden protection, wood-pile covers, car covers, excavation and masonry
covers and similar materials offering protection from the weather
and animals are permitted subject to these conditions:
(1)
The term of installation and/or use does not
exceed six months.
(2)
A description letter and sketch is submitted
to the Village Office by the property owner for review by the Building
Inspector and Board of Architectural Review.
(3)
The materials involved are securely fastened
and are of a subdued color to match the surrounding landscape.
(4)
No such covers or enclosures are situated closer
than two feet to any public road or closer than five feet to any other
property line.
(5)
There is no consequential hazard or deterioration
of property values from the proposed installation.
(6)
A permit or letter of approval is issued by
the Board of Trustees. Such approval or authority shall be valid for
one term only and shall not provide extensions or repetitions unless
specifically stated.
[Amended 12-21-1990 by L.L. No. 1-1990]
A.
No commercial vehicle, house trailer, limousine for
hire, truck, boat or boat trailer, travel trailer, camper, motor home,
mobile home or similar recreational vehicle or any other equipment
shall be parked in any front yard or within 50 feet of any property
line.[1] Any such vehicle or equipment shall be screened year round
on three sides so as not to be visible from the street or adjoining
premises. Only one registered commercial vehicle may be housed or
parked on a lot and the unladen weight thereof shall not exceed three
tons. The operation or usage of a commercial vehicle in such a manner
so as to interfere with or be detrimental to the general welfare of
the Village of Tuxedo Park or the inhabitants thereof shall be a violation
of this chapter.
B.
Temporary outdoor storage of a vehicle such as a motor
home, truck, boat, trailer, bus, car, house trailer or the like is
permitted on the owner's property, provided that.
(1)
No more than one such vehicle is stored at any time.
(2)
The vehicle is not stored within the minimum front
yard, rear yard or side yards as defined herein.
(3)
The vehicle with its load, if any, is no longer than
30 feet, nor higher than 10 feet.
(4)
The vehicle, by virtue of its location or all-season
landscaping, is not visible from any roadway or other residence.
(5)
The vehicle is maintained only for its original intended
purpose and is not used for any other purpose, such as living quarters,
office space, play house, utility shed, parts salvage or the like.
(6)
Prior written approval is sought and received from
the Board of Trustees.
(7)
The interval of storage is less than nine months.
C.
This section shall not apply to authorized state-registered
vehicles used on a daily basis and belonging to the subject property
owner or occupant.
[Amended 5-20-1998 by L.L. No. 5-1998]
No accessory building or structure shall be
built on any lot unless there is a principal building or structure
on the same lot or on the immediately adjoining lot under the same
ownership.
No kennel shall be constructed or erected nor
shall any building or structure be used as a kennel on or after the
effective date of this chapter.
A.
No fence over two feet six inches in height shall hereafter be erected without a Building Permit and the approval of the Board of Architectural Review in accordance with Article VIII of this chapter. Any fence erected in the front yard shall not exceed four feet in height. Any fence erected in the rear or side yards may not exceed six feet in height. No fence shall be located closer than five feet to any roadway nor closer than two feet to any property line. Notwithstanding the foregoing, no fence shall be erected or maintained which will interfere or interferes with the light or air of an adjoining lot or building thereon.
C.
In the event that the Chief of Police shall report
to the Board that any fence may constitute a hazard to traffic, the
Board of Trustees may, on its own motion, cause such fence to be investigated
by a licensed engineer or other qualified person and, in the event
that such engineer or other qualified person shall determine that
such fence constitutes a traffic hazard, the Board of Trustees shall
notify the owner or person maintaining such fence to remove the same
or so alter such fence as to remove the hazard within such reasonable
time as the Board of Trustees shall determine. Failure to comply with
such notice shall constitute a violation of this chapter.
A.
No stable shall be hereafter constructed unless plans for such stable are approved by the Board of Architectural Review pursuant to Article VIII of this chapter. All stables must be so constructed and all existing stables so used as to comply with the rules and regulations for the protection of the public water supply of the Village of Tuxedo Park.
B.
No more than one horse per acre nor more than five horses total shall be kept or maintained in a private stable. The giving or furnishing of riding lessons for a fee or the rental of horses is prohibited. Every private stable hereafter erected shall be erected on a parcel having a minimum lot area of two acres, and such two-acre parcel shall contain no other building or structure. The parcel of land associated with any such stable shall be entirely enclosed with a fence, and notwithstanding the provisions of § 100-18 of this chapter, such fence shall be of suitable height and construction so as to prevent horses from leaving such parcel of land.
[Amended 12-21-1990 by L.L. No. 1-1990]
Building Permit applications for new residences
shall include, as part of the homogeneous plan, a garage, either attached
or detached, for at least two passenger cars, as well as off-street
parking for two to six passenger vehicles.
Driveways shall be no wider than 14 feet and
no narrower than eight feet. They shall enter the lot at such location
and angle as to provide a safe slope and proper sight distances for
all traffic. No driveway shall be constructed closer than 10 feet
to any adjacent lot line or intersection, and spot grades shall not
exceed 10%. Prior to consideration for a permit, the applicant shall
present to the Board of Architectural Review an engineering design,
including specifications for the base, surface, crown, drainage, retaining
walls, blasting, landscaping and any other material required by the
Board. Driveways shall not be permitted unless there is an existing
building on the lot or unless a permit has issued for a new residence
on that lot. Where possible, driveways shall be designed with a turnaround
area and a radiused intersection with the public road. Off-street
parking for two to six passenger vehicles shall also be incorporated
in any new driveway design. Removal of trees for driveway construction
shall be confined to the area within eight feet of the driveway center
line.
[Added 6-28-2016 by L.L. No. 2-2016]
A.
Purpose. The purpose of this section is to establish provisions for
nocturnal exterior lighting in all parts of the Village in order to:
·
(1)
Minimize the impact of stray lighting on human health, habitats
and the environment.
(2)
Provide safe roadways for pedestrians, cyclists and motorists.
(3)
Protect against direct glare and excessive lighting.
(4)
Prevent light trespass in all areas of the Village of Tuxedo
Park.
(5)
Minimize skyglow and reclaim the ability to view the wonder
of the night sky.
(6)
Provide lighting guidelines.
(7)
Discourage the waste of energy caused by excessive lighting.
(8)
Allow for flexibility in the style of lighting fixtures.
(9)
Provide clear guidelines for the Boards and enforcement staff
of the Village to use in administering this section
B.
Background information on measurements of light: watts, lumens, luminance
and illuminance.
(1)
Watts: A unit of measure for the amount of energy a source of
light uses to produce a combination of visible light and nonvisible
light, such as infrared and ultraviolet. No longer a reliable measure
of "brightness," as technology of various light sources uses the same
amount of energy, either more efficiently or less efficiently, to
produce a varied mixture of visible and nonvisible light (i.e., incandescent
bulb vs LED). Regarding this section, the wattage of a light source
is not a relevant measure.
(2)
Lumens: A unit of measure for visible luminous flux (visible
light output, the number of photons per second produced) of a lamp
or LED or other light source. The measure of lumens indicates the
quantity of total light energy (visible luminous flux) the light source
generates, without regard of direction, light beam quality, or beam
configuration.
(a)
A source of light can have a very high value in lumens, and
yet a low value in candelas or lux if the light output is gathered
poorly and directed poorly. And, vice versa, a source of light can
have a very low value in lumens, and yet a high value in candelas
or lux if a low light output is gathered efficiently and directed
in a very focused manner.
(3)
Luminance: A unit of measure for the amount of light is being
produced from distant source, and directed at a specific angle into
one's eyes (a strong beam from a flashlight, spotlight, or vehicular
high-beams). Luminance is measured in candelas-per-square-meter (Cd/m2)
in the metric system, and in foot-lamberts (fL) in the US (imperial)
system. For this section, the metric unit of measure shall be used
(Cd/m2), where 0.2919 fL = 1 Cd/m2. The Village is not now requiring
luminance to be below any specific level of Cd/m2 but may consider
this in the future after further study.
(4)
Illuminance: A unit of measure for the amount of light projected
from a nearby source onto a surface. For instance, a light source
falling onto a white piece of paper and how well one is able to read
what's written on the paper when one's head is turned away
from the light source (ie, a photographer would measure illuminance
when calibrating portrait photography). Illuminance is measured in
Lux (Lx) in the metric system, and in foot-candles (fC) in the US
(imperial) system. For this section, the metric unit of measure shall
be used (Lx), where 0.09290 fC = 1 Lx.
C.
Nuisance lighting. Light trespass shall be considered nuisance lighting
when:
(1)
A light source (other than a light source on a pillar demarcating
a main property entrance) produces illumination beyond the boundaries
of the property on which it is located in excess of 5 Lx, measured
anywhere at or immediately outside the property line (an average streetlight
in Tuxedo Park of 100-watt incandescent bulb, measures 5 Lx when standing
directly underneath); or
(2)
A light source is seen from a neighboring property or roadway
at sufficient intensity, or luminance, to cause discomfort or impaired
visibility, or which produces glare; or
(3)
A light source is of a flashing, dazzling, pulsating, or otherwise
strobing source of illumination (other than such sources existing
on the effective date of this section).
D.
Luminance and illumination levels shall be measured with a photoelectric
photo meter in accordance with the standards published by the Illuminating
Engineering Society of North America.
E.
If the Village determines nuisance lighting to exist on a property,
that lighting shall be abated by removing, replacing, shielding, retrofitting,
relocating or re-aiming a fixture or relamping to reduce output of
luminance and illuminance, such that the lighting is in compliance
with this section.
F.
Building- or pole-mounted, shielded floodlights and/or shielded spotlights
are permitted provided such lights are angled downward and do not
to create glare as seen from above.
G.
No lighting source shall be more than 20 feet above the ground level
underneath it, as measured by taking the elevation difference between
the average of a circular area measuring 10 feet in radius directly
beneath the light source, and the light source.
H.
Existing exterior lighting that is determined by municipal law enforcement
to contribute to a condition of disabling or distracting glare onto
a public roadway may be ordered to be changed or removed at any time.
I.
The Village encourages the raising and lowering of the national flag
at sunrise and sunset instead of illumination. The national flag,
as well as up to one additional secondary flag, that are not illuminated
with downward lighting, may be illuminated only with a single ground
mounted narrow cone spotlight that confines the illumination to the
flag, provided the light beam is focused, the source of the light
is not visible from adjacent properties or public areas, and the total
illumination of the flag cannot exceed 5 Lx as measured from any property
line, regardless of the number of lamps. No other flags may be illuminated.
J.
Lighting of radio, communication and navigation towers shall not
be permitted unless required by the Federal Aviation Administration
(FAA) regulations, in which case required lighting shall be of the
lowest permitted intensity and red, unless otherwise required by FAA
regulations.
K.
Recreational lighting currently installed within the boundaries of
the Village, as of the effective date of this Section, may be used,
and such use is regulated by the following provisions:
(1)
On each day of the week, with the exception of Friday and Saturday
and federally recognized holidays, recreational lighting may not be
used later than 10:00 p.m. or earlier than 8:00 a.m.
(2)
On Friday or Saturday or on any federally recognized holiday,
recreational lighting may not be used later than 12:00 a.m. or earlier
than 10:00 a.m.
L.
No new installation or use of recreational lighting shall be permitted
in the Village. For purposes of this section, "recreational lighting"
means light fixtures used to illuminate courts, arenas, fields, tracks,
and other outdoor recreational areas, and an "outdoor recreational
area" means an area designed for active recreation, including but
not limited to, baseball, soccer, football, golf, tennis, swimming
pools, equestrian and similar recreational activities.
M.
Boat dock lighting. On all of the three lakes, floodlighting of boat
docks and boat houses should be controlled by a motion detection device
and powered for no longer than a fifteen-minute interval in any one-hour
time period. Low voltage shielded boat dock lighting is permitted.
Boat house lighting shall be treated as residential lighting and shall
conform to all of the applicable sections of this section.
N.
Safety lighting. Any new installation of safety and convenience lighting,
such as lights illuminating garbage cans or pathways, shall be activated
by motion and are not powered for no longer than a five-minute interval
in any three-hour time period.
O.
The installation or alteration of exterior lighting will often result in the alteration of the appearance of a property. Nothing is this section is intended to detract from the provisions of § 100-53 of the Village Code, which require approval of the Board of Architectural Review for projects or activities which alter a property's appearance.
P.
In any case where national and New York State building code requirements
exceed the requirements of this section, the national and state requirements
shall apply.
Q.
The provisions of this section may be enforced by the Building Inspector,
any police officer or the Board of Trustees (the "Enforcement Officer").
It shall be unlawful for any person, firm, property owner, tenant,
person in possession, partnership, corporation or other business entity
(hereinafter "person and/or business entity") to install, alter, repair,
move, equip, use or maintain or allow such installation of any outdoor
lighting in violation of any of the provisions of this article or
to fail in any manner to comply with a notice, directive or order
of the Enforcement Officer.
R.
If, after investigation, the Enforcement Officer finds that any provision
of this section is being violated or nuisance lighting exists, notice
shall be given by hand delivery or by certified mail, return receipt
requested, of such violation to the owner and/or to the occupant of
such premises, and/or to the person or business entity believed not
to have complied with this section, instructing that the violation
or nuisance lighting must be abated within the time specified in the
notice or, in absence thereof, within 30 days of the date of hand
delivery or of the date of mailing of the notice. If the violation
is not abated within said period, the Enforcing Officer, in addition
to any other rights or remedies available under the Village Code,
may institute actions and proceedings, either legal or equitable,
to enjoin, restrain or abate any violations of this section.
S.
Penalties. Any person and/or business entity who violates this section, or any provision thereof, shall be guilty of a violation punishable by a civil penalty not to exceed $250 for violations after the expiration of the abatement period provided in Subsection R, and each day shall constitute a separate offense for the purpose of calculating the civil penalty; any person and/or business entity who violates this article after being convicted of a violation of this article within the preceding year shall be guilty of a violation punishable by a fine not to exceed $500; any person and/or business entity who violates this article after being convicted of a violation of this article two or more times within the preceding three-year period shall be punishable by a fine not to exceed $1,000.
[Amended 12-21-1990 by L.L. No. 1-1990; 4-28-2015 by L.L. No. 2-2015]
Except by approval of the Board of Trustees,
the existing Main Gate and South Gate shall be the only points of
access and egress for the Village.[1] The Main Gate entrance to the Village, adjacent to New York State Route 17, shall be the only point of ingress to and egress from the Village for all those owners of land within and residents of the Village, and persons lawfully having business with or invited therein by any such owner or resident of the Village. Ingress to the Village through the South Gate shall be restricted to property owners and residents of the Village and those others having a current and valid Tuxedo Park identification tag affixed or displayed in accordance with Chapter 25 of the Village Code. No driveways or road extensions shall be permitted to abut or traverse any Village boundary. The Board of Trustees reserves the right to restrict ingress or egress at any point along a Village roadway. However, under emergency conditions, the Mayor may approve the temporary opening of a gate, trail or fire road when deemed essential to the safety and welfare of the Village.
[Amended 12-21-1990 by L.L. No. 1-1990; 1-26-2022 by L.L. No. 1-2022]
Any project which involves blasting, demolition
of a building or structure, soil mining or soil filling shall require
an EAF review and Planning Board approval and a special permit from
the Board of Trustees for that purpose as well as forty-eight-hour
prior notification to each adjacent property owner.[1]
[Added 5-26-2010 by L.L. No. 2-2010]
No building permit may be issued, and no approval may be granted
by any board, for any proposed structure, or any proposed addition
to an existing structure, that will, in the opinion of the Village
Engineer, be located in a manner that will thereby increase the New
York State Department of Environmental Conservation dam hazard classification
for any Village dam. Before an application for a building permit or
any board approval may be acted upon, the Village Engineer must certify
in writing that the proposed location of any structure, or the location
of any addition to an existing structure, will not by its approval
increase the said dam hazard classification.
