A. 
Statement of purpose. Within the Town of Tuxedo there exist certain flood hazard areas subject to periodic inundation which, when inundated, may result in loss of life and property, present health and safety hazards, disrupt commerce and government services, induce extraordinary public expenditures for flood protection and relief, and impair the tax base, all of which adversely affect the public health, safety, and general welfare of Tuxedo. It is the purpose of flood hazard regulations to promote the public health, safety, and general welfare and to minimize those losses described above by provisions designed to:
(1) 
Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or that cause increased flood heights or velocities.
(2) 
Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction.
(3) 
Inform existing and prospective property owners with regard to the presence of flood hazard areas affecting certain lands within the Town of Tuxedo.
B. 
Flood hazard areas. The areas of special flood hazard are shown on Flood Insurance Rate Maps on file in the office of the Town of Tuxedo Building Department, with an effective date of August 3, 2009, and which shall include any subsequent revisions to these map panels. Flood hazard areas are regulated in accordance with Chapter 53, Flood Damage Prevention, of the Code of the Town of Tuxedo. No development shall be undertaken in any area of special flood hazard without first securing a floodplain development permit. Any application for site plan, subdivision, special use permit, building permit, or any application for a variance which proposes disturbance that is regulated by Chapter 53 shall be conditioned upon the applicant securing a floodplain development permit if required.
C. 
Floodplain to be mapped. Any site plan, subdivision, special use permit or any variance application that is submitted to a board for approval, or to the Code Enforcement Officer in support of a building permit application, shall clearly show the limits of the floodplain and floodway and all improvements proposed therein.
D. 
100-year floodplain. After the effective date of this Zoning Chapter, no new residential dwelling or new nonresidential building designed for occupancy by residents or employees shall be constructed within the 100-year floodplain. Any new dwelling or nonresidential building proposed to be located in the 100-year floodplain and proposed for occupancy by employees or residents shall require a use variance from the Zoning Board of Appeals.
E. 
Relocation of proposed improvements. Any Town agency that is responsible for reviewing and deciding upon any variance, site plan, special permit or subdivision plan may, as a condition of approval, require that a proposed improvement(s) be relocated outside the floodplain or not placed within a floodplain to protect the health, safety and general welfare of the community.
A. 
Wetlands.
(1) 
Any building permit application involving an activity located on a lot with freshwater wetlands regulated by the ACOE or the NYSDEC shall comply with the U.S. Clean Water Act and New York State Environmental Conservation Law, and all regulations set forth therein.
(2) 
The boundary of any wetland, and, in the case of NYSDEC-regulated wetlands, the 100-foot adjacent area, shall be illustrated on any site plan or subdivision plat involving property on which a wetland is situated. For NYSDEC-regulated wetlands, the plan showing the wetland boundary shall bear the signature of a NYSDEC officer that has approved the delineation of the wetland boundary. The reviewing entity may require submission of a wetland report which includes data sheets, photos, secondary resource maps, soil data and a wetland survey for review. The reviewing entity may retain a wetland scientist or professional to review the delineation, unless the delineation has already been approved by the NYSDEC or the ACOE. Evidence of said approval shall be furnished to the reviewing entity. The applicant shall bear the cost of any review conducted by a Town wetland scientist or professional pursuant to Chapter 48, Fees, of the Code of the Town of Tuxedo.
(3) 
No building permit shall be issued until such time that an applicant has provided proof that the regulated activity has received applicable NYSDEC and/or ACOE permits and approvals or that the activity authorized by the building permit will occur in a location that will not impact a wetland.
B. 
Watercourses and water bodies.
(1) 
Streams, lakes and ponds, and areas that adjoin same, are critical for water quality protection, erosion control, and as a living environment for many species of birds and wildlife. To protect water quality, disturbances shall be limited within close proximity to a stream or a water body, through regulation of DEC's mandated "buffer area." To preserve water quality, the following shall apply, except that activities occurring within 100 feet of the banks of the Ramapo River are subject to the provisions of Subsection C below:
(a) 
No building, structure or impervious surfaces shall be situated, nor clear-cutting of natural vegetation be permitted, in a buffer area located within 50 feet of a streambank of a stream with a NYSDEC water quality designation of A or B or any trout spawning (TS) or trout production (T) waters.
(b) 
No building, structure or impervious surfaces shall be situated, nor clear-cutting of natural vegetation be permitted, in a buffer area located within 25 feet of a streambank of a stream with a NYSDEC water quality designation of C or D, or within 25 feet of a water body.
(2) 
Any disturbances to a watercourse, water body or buffer area shall require a clearing, filling, and grading permit from the Planning Board pursuant to § 98-43. In determining the appropriateness of a request to disturb a watercourse, water body, or buffer area, the Planning Board shall consider:
(a) 
Alternative locations for said structures or buildings.
(b) 
The necessity of the activity to serve the principal use, e.g., no other location for a septic system or well.
(3) 
The Planning Board may allow vegetation to be disturbed adjoining a watercourse or water body limited to that area necessary to gain access to same for fishing, boating, swimming or ice skating or similar recreational activity.
(4) 
The Planning Board shall establish such conditions as may be necessary to minimize disturbance to the buffer, including a delineation of the area to be disturbed prior to work being conducted on the site, and installation of soil erosion control measures.
(5) 
Where an activity also requires a permit from the NYSDEC and/or ACOE, approval of a site plan, subdivision, and/or special use permit shall be conditioned on that agency's approval.
(6) 
No building permit shall be issued for any activity that would result in disturbances to a stream regulated by this section until such time that the applicant receives an applicable permit or approval from the Planning Board, NYSDEC, and/or ACOE.
C. 
Ramapo River.
(1) 
The Ramapo River is a source of drinking water for the Ramapo River sole source aquifer and a natural ecosystem worthy of protection, consistent with the purposes of the Comprehensive Plan and this Zoning Chapter. The Town Board recognizes that improperly managed activities and land disturbances adjacent to the river have had and continue to have the potential to impact the riverine water quality, and thus the sole source aquifer. Water quality can be degraded by various pollutants, including excessive sedimentation. To protect the Ramapo River, the following regulations shall apply:
(a) 
On any parcel with a nonresidential use, or proposed for such a use, which parcel immediately adjoins the river, no land disturbance shall be permitted within 100 feet of the nearest bank of the river. This area is deemed the "nondisturbance setback." The storage of materials, equipment or other supplies are considered a land disturbance and are not permitted within the 100-foot nondisturbance setback.
(b) 
On any parcel with a multifamily residential use, or proposed for said use, which parcel immediately adjoins the river, no land disturbances shall be permitted within 100 feet of the nearest bank of the river.
(c) 
On any other parcel, any land disturbance activities shall comply with Subsection B above.
(2) 
Planning Board review and approval. The Planning Board may waive the requirements in Subsection C(1) and reduce the required 100-foot nondisturbance setback from the Ramapo River to no less than 50 feet, provided that:
(a) 
The applicant shall submit a site plan for approval. The site plan shall include soil erosion and sediment control measures, water quality measures, material handling measures, and other permanent measures, to limit encroachment into the nondisturbance setback.
(b) 
The Planning Board shall take into consideration the existing undisturbed slope of the land to be disturbed, and the likelihood that soil, pollutants or other materials will migrate as a result of the slope characteristics.
(c) 
The Planning Board shall take into consideration any man-made existing features which may effectively block the property from the Ramapo River within the 100-foot nondisturbance setback, including existing rail rights-of-way. To the extent that any such man-made feature is an effective barrier to soil, pollutant or other materials migrating into the river, the Planning Board may waive the nondisturbance setback in part or in its entirety for that portion of the property which is blocked from the river by said barrier.
(3) 
Clearing, filling and grading permit. This section shall also apply to any activity which requires a clearing, filling and grading permit regardless of whether or not a specific use is proposed in conjunction with the permit.
D. 
NYSDEC. Certain activities which occur within 50 feet of the banks of a stream regulated by the NYSDEC may require a Protection of Waters permit. Where a conflict exists between these regulations and any NYSDEC regulations or permit, the more restrictive requirements shall apply.
A. 
Greenway compact. The Town of Tuxedo is a designated Greenway Compact Community. During review of any subdivision, site plan, special permit, zone petition or use variance application, the reviewing entity shall consider an application's consistency with the principles set forth in "Greenway Connections" in its deliberations.
B. 
Town Center Study and Plan. During review of any subdivision, site plan, special permit, zone petition or use variance application affecting land located within the Tuxedo Town Center Zoning District, the reviewing entity shall consider an application's consistency with the goals, objectives, and design guidelines set forth in the Town Center Study and Plan, appended to the Town of Tuxedo Comprehensive Plan.
A. 
General. Landscape materials shall be utilized in a positive manner in all developments for purposes of architectural enhancement, space articulation, screening, privacy control, erosion control, noise control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control. All areas of a lot not left in a natural state and not developed with buildings, driveways or other impervious surfaces shall be maintained continuously in a dust-free condition by installing suitable landscaping, including trees, shrubs, grass or other ground cover, or by providing a stable pervious surface, such as pervious pavers, gravel, crushed rock or similar material. Yards shall be landscaped and maintained in a manner consistent with the general character of the neighborhood in which the property is situated. Landscape treatments shall minimize soil erosion and stormwater runoff and provide necessary screening as set forth herein.
B. 
Landscaping standards. A landscape plan shall be submitted in conjunction with any site plan or special use permit application. The following standards shall be met:
(1) 
Landscaping shall be appropriate to the project, and the natural vegetative cover shall be preserved to the maximum extent practicable. Natural areas shall be protected during construction. A concerted effort shall be made during the design stage to integrate natural features of the site into the proposed site plan.
(2) 
A landscape plan shall be prepared by a New York State licensed and/or registered landscape architect or similarly qualified NYS-licensed qualified professional. The Planning Board, as a condition of approval, may require that the landscape consultant periodically inspect the construction and installation of landscape materials.
(3) 
A landscape plan shall include plant selection suitable to the conditions of the site. Plant specimens native to the region are to be used to the greatest extent practicable.
(4) 
Within the area of proposed disturbance, the location of trees with a diameter of 12 inches or greater measured at chest height ("dbh") shall be indicated on the plan. The tree specimen and its conditions shall be noted on the plan. Healthy trees of twelve-inch dbh shall be preserved to the maximum extent practicable.
(5) 
For areas near roads, plants shall be selected according to their hardiness and ability to withstand highway salt conditions or snow "throw" compaction.
(6) 
In parking lots, landscape medians to receive plant materials shall have a minimum inside width of five feet, except that, where vehicle overhang is permitted, an inside width of 10 feet shall be required.
(7) 
Approved mulch shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below top-of-curb, and at a depth of not less than three inches. Mulch shall be placed in all planting beds to a minimum three-inch depth. Mulch may consist of clean wood chips, pine bark, peat moss, stone aggregate, or other approved material. As a general guideline, mulch shall be clean, homogeneous, attractive, and self-matting so that it does not blow in the wind.
(8) 
Areas that will receive continued pedestrian movement shall be paved. Paving can be cast-in-place concrete, impressioned concrete, or precast concrete unit pavers set in an approved setting bed. Bituminous concrete or asphalt walks are not acceptable.
(9) 
The landscape design shall incorporate plantings that enhance the visual appearance of the property. Plantings to be selected should include those that blend well visually with the surrounding natural environment and provide year-round seasonal visual interest.
(10) 
Attention to environmental objectives and energy conservation, as well as design value, should be evident in the landscape plan. Environmental applications for plantings can include, among others, air filtration, temperature modification, natural slope stabilization, provision of edible fruit-bearing plants, the use of NYSDEC recommended wetland plants in wetland buffer areas, etc.
(11) 
Plantings of all types shall be completed only at such times as weather and soil conditions are favorable for seed germination, plant establishment and subsequent growth. Generally, such conditions occur between April 1 and June 1 and between August 20 and October 15. However, conditions vary for different plants and different years. Accepted horticultural practices shall be followed in this regard.
(12) 
Extreme care and caution shall be exercised in grading operations around existing trees scheduled for preservation. Protective tree fencing shall be placed around the tree(s) at or beyond the dripline(s). Cuts within the dripline, or the addition of 12 inches or more of fill, can result in tree mortality and shall be avoided to the maximum extent practical.
(13) 
Tree wells are encouraged where grading necessarily comes in close proximity to trees. In areas of fill, the tree well should be concentric to the dripline, and of a diameter at least half that of the dripline. In areas of cut, the tree well should also be concentric to the dripline but should be of a diameter at least equal to that of the dripline. In cases where grade changes affect only one side of the tree, partial tree wells are acceptable.
(14) 
The use of earth berms and other grading techniques is allowed, especially on flat sites or in locations where screening is warranted or necessary. The height, size and width of the berm shall be suitable for the intended plantings and shall fit with the character of the overall proposed design of the site.
(15) 
The use of flowering annuals and perennials is encouraged in areas close to pedestrian movement and shall receive frequent maintenance.
(16) 
A mix of plant materials, sizes, habits and textures shall be selected for each planting plan. Over-planting of any one species shall be avoided. The use of indigenous species is encouraged. The use of exotic species shall be avoided to the maximum extent practical.
(17) 
Construction practice and planting specifications should follow ANSI Z60.1 American Standards for Nursery Stock or equivalent.
(18) 
All plantings shown on an approved landscape plan shall be maintained throughout the duration of the use, and plants not so maintained shall be replaced in accordance with the specifications of the approved plan.
(19) 
Erosion and sedimentation controls shall be provided and designed in accordance with the New York State Department of Environmental Conservation Best Management Practices.
C. 
Screening. As a condition of approval, the Planning Board may require that a screen be established to minimize views of facilities, buildings and parking areas associated with nonresidential uses from adjoining residences and the public right-of-way. Transformers, gas meters, dumpsters and similar appurtenances shall also be screened. Plantings shall be indicated on the site plan or subdivision plat and shall meet the following standards:
(1) 
Coniferous trees and shrubs shall be installed to provide year-round screening at a height and spacing appropriate to the species, and which will adequately screen views within five years of installation. In general, coniferous trees should be installed at a planting height no less than six feet, and for shrubs planting height should be no less than four feet. The plant spacing shall be specific to the plant materials being installed.
(2) 
A wall, fence (finished side out), or earthen berm may be substituted for, or required in conjunction with, planting materials, upon approval of the Planning Board. The Planning Board shall establish conditions on the location, height and design of same.
D. 
Waivers. Where existing topography or vegetation or other circumstance provides adequate landscaping or screening which warrants an exception to the strict application of standards in this section, the Planning Board may waive the landscaping or screening requirements set forth in this section.
A. 
Purpose. It is the purpose of this section to regulate the installation of outdoor lighting in order to minimize light pollution in the Town of Tuxedo by:
(1) 
Providing standards for outdoor lighting;
(2) 
Promoting energy efficient and sustainable lighting practices and luminaires by using fixtures with optical controls that distribute light in the most effective and efficient manner;
(3) 
Minimizing adverse off-site impacts from new and existing lighting installations by using shielded outdoor light fixtures where required and wherever feasible;
(4) 
Further assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates at levels exceeding the requirements of this section;
(5) 
Permitting reasonable uses of outdoor lighting for safety, utility, security, productivity, commerce, and enjoyment;
(6) 
Minimizing glare;
(7) 
Avoiding impacts on nearby residential properties;
(8) 
Reducing atmospheric light pollution; and
(9) 
Requiring that certain outdoor fixtures be extinguished during nighttime hours as shall be determined by the Planning Board during site plan, special use permit, and subdivision plan review.
B. 
Applicability.
(1) 
Existing installations. All existing outdoor lighting on a structure shall comply with the provisions of this section. All existing outdoor lighting on a structure which is replaced, modified, refurbished, retrofitted, and/or installed after the effective date of this Zoning Chapter shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall conform to the standards as further provided in this section.
(2) 
Additions, improvements, alterations and additions of new fixtures. All outdoor lighting, including lighting and/or light fixtures as part of an addition, modification, alteration, or otherwise, installed after the effective date of this Zoning Chapter, shall conform to the standards as further provided in this section.
(3) 
Within one year of the effective date of this Zoning Chapter, all lighting fixtures shall be brought into compliance with the provisions of this section.
C. 
Lighting plan. As part of any site plan, special permit, or subdivision plan, the Planning Board may require submission of a lighting plan and supporting data. In addition, the Code Enforcement Officer, in his or her sole discretion, may refer an applicant for any work involving outdoor lighting fixtures governed by this section to the Planning Board for site plan approval with respect to said lighting.
(1) 
The lighting plan shall include the following, unless waived by the Planning Board:
(a) 
Proposed fixture locations;
(b) 
Lighting levels measured in footcandles;
(c) 
Details and illustrations of proposed fixtures including photometric data, such as that furnished by manufacturers, or similar, showing the angle of cutoff of light emissions;
(d) 
Glare control devices, lamps;
(e) 
Mounting heights;
(f) 
Additional information that the Planning Board or Code Enforcement Officer determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a statement of the proposed hours and days of the week when the luminaires will be on and when they will be extinguished, maintenance, the location and use of adjacent properties, and a list of nearby properties that may be affected by the proposed lighting plan.
(2) 
Prior to issuance of a certificate of occupancy, the developer or builder must be able to verify to the Town Code Enforcement Officer, in writing, that all outdoor lights were installed as described on the approved lighting plan.
D. 
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a lighting permit has been issued or a plan approved, a change request must be submitted to the Code Enforcement Officer for revised approval. The Code Enforcement Officer shall review the change request to assure compliance with this section. If the change request is not substantial, the Code Enforcement Officer may approve it. If the change request is substantial, the Code Enforcement Officer shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.
E. 
Approved materials and methods of construction or installation/operation. The provisions of this article are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board or Code Enforcement Officer may approve such proposed alternative provided it:
(1) 
Provides at least approximate equivalence to the applicable specific requirement of this section; and
(2) 
Is otherwise satisfactory and complies with the purpose of this section.
F. 
General standards. All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent light trespass at and across the property lines, and to prevent direct glare at any location off the property, and to be shielded to the extent possible so as to confine the light within the property. The Town may require that the minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) shall be observed for reference levels.
G. 
Prohibitions.
(1) 
Up lighting that is unshielded is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded light sources without causing glare or light trespass beyond the property line.
(2) 
Roof-mounted area lighting is prohibited.
(3) 
The use of laser lighting for outdoor advertising or entertainment and the operation of search lights for advertising purposes are prohibited unless specifically approved by the Town Board.
(4) 
Mercury vapor lights and quartz lamps are prohibited light sources, except to the extent that the local utility provider utilizes same for street lighting.
(5) 
Unshielded wall pack-type fixtures are prohibited.
H. 
Standards. Lighting shall conform to the following standards:
(1) 
All lighting, including sign lighting, shall be designed and arranged so as to be night sky compliant by minimizing glare, light trespass, and reflection on adjacent properties.
(2) 
The style of the light, light standard, pole and fixture shall be consistent with the architectural style of the building and its surroundings.
(3) 
Unless specified elsewhere herein or except for outdoor recreational facilities, such as baseball and other field sports, the maximum height of a freestanding luminaire shall not exceed 15 feet above the average finished grade. The maximum allowable height of a building or structure-mounted luminaire shall be 20 feet.
(4) 
The source of the light shall be fully shielded with full 90° cutoff luminaires or located such that it shall not be visible beyond the property boundary on which it is situated. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. Floodlighting is discouraged and, if used, must be 1) shielded to prevent direct glare for drivers and pedestrians; 2) must not permit light trespass past the property line; and 3) must not emit light above a 90° horizontal plane.
(5) 
All outdoor lighting shall be of such type and location to provide a minimum illumination of one footcandle in publicly accessible areas and shall be shielded so as to prevent the source of the light from being a visual nuisance to any adjoining residential property.
(6) 
Light trespass. Illumination from light fixtures shall not exceed 0.1 footcandle on adjacent residential property, or 0.1 footcandle on adjacent business property, as measured along the shared property boundary at ground level. A maximum Uniformity Ratio (average to minimum) of 4:1 shall be achieved. Mitigation to avoid or minimize light trespass may include landscaping and berms.
(7) 
The Planning Board may impose limits on the hours of lighting operations. The Planning Board may require that lights be controlled by automatic timing devices. The Planning Board shall consider the need to provide security in determining the hours of lighting operations. Except for single- and two-family dwellings, all nonessential lighting shall be turned off not later than one hour after, and not sooner than one hour before, normal business hours, leaving only the necessary lighting for site security and signage, which shall be reduced to the minimum level necessary, but in no event shall exceed one footcandle. Nonessential lighting applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town. Single- and two-family dwellings are encouraged to reduce the illuminance of their structures to the minimum levels necessary, such that lighting not exceed one footcandle. Motion-sensor security lighting is recommended to promote safety and to reduce the amount of night lighting in the Town.
(8) 
Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed so that the bottom of the fixture is flush with the ceiling.
(9) 
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be fully shielded, as defined in this Zoning Chapter.
(10) 
Light control shall be accomplished primarily through the proper selection and layout of lighting fixtures. The installation of landscaping, fences, walls or similar screening devices may also be considered by the Planning Board.
(11) 
Energy-efficient light sources are encouraged. LED color shall not exceed 3,000K.
(12) 
Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from the IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity, as determined by the approving board or person. Where said standard is inconsistent with the footcandle requirements set forth herein, the more stringent shall govern.
(13) 
Outdoor lighting in and around the ponds, lakes, rivers, and other waters of the Town shall not be installed or maintained so as to create a hazard or nuisance to other property owners and shall comply with the following restrictions.
(a) 
Lights on docks shall be no more than three feet above the dock, shall be directed downward and be full cutoff fixtures.
(b) 
Lights illuminating paths, stairs, decks, etc., shall not be directed towards the public bodies of water and shall not direct light upwards.
(c) 
All outdoor lighting shall be located, mounted and shielded, so that direct illumination is not focused towards the public bodies of water surface more than 20 feet from shore.
(14) 
Exemptions. The following uses/activities shall be exempt from the provisions of this section:
(a) 
Roadway lighting;
(b) 
Temporary lighting for circus, fair, carnival, religious, historic, or civic use;
(c) 
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting;
(d) 
Temporary lighting, including holiday lighting, for no more than two months per year;
(e) 
Lighting associated with agricultural pursuits, including harvest activities, unless such lighting is permanent and/or creates a safety hazard;
(f) 
Lighting, preferably low voltage, that is considered a landscape or building design element and is integral to the aesthetic value of the design, as determined by the Planning Board or Code Enforcement Officer;
(g) 
All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels;
(h) 
Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government, the State of New York, the County of Orange, the Town of Tuxedo, the Palisades Interstate Park Commission or any department, division, agency or instrumentality thereof, or installed on facilities owned by a religious institution, or eleemosynary organization. Voluntary compliance with the intent of this section at those facilities is encouraged; and
(i) 
Flag uplighting, provided any such flag is not used for advertising purposes.
(15) 
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a lighting plan has been approved or the site plan or subdivision plan approved, a change request must be submitted to the Code Enforcement Officer for revised approval. The Code Enforcement Officer shall review the change request to ensure compliance with this section. If the change request is not substantial, the Code Enforcement Officer may approve it. If the change request is substantial, the Code Enforcement Officer shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.
(16) 
Should any owner of a property containing 10 or more lights or lighting fixtures believe that they will suffer an unnecessary financial hardship due to the enactment and application of this section, that property owner may apply to the Zoning Board of Appeals, or where compliance with this section would require an amended site plan approval, to the Planning Board, for a variance from strict compliance with this section. Such an application shall be in writing and shall contain competent financial evidence demonstrating that an unnecessary financial hardship exists. In addition, the applicant must submit a written phased plan to the Zoning Board of Appeals or Planning Board, as applicable, and to the Code Enforcement Officer, identifying the number of existing fixtures, a proposed plan of fixtures to be replaced, and when replacement work will occur and be completed.
(17) 
Waivers. Where site conditions warrant exceptions to the strict application of standards in this section, the Planning Board may waive the requirements set forth in this section provided that the intent of this section is met.
A. 
To enable and encourage flexibility of design and development so as to preserve the natural and scenic qualities of open lands, the Town Board hereby authorizes the Planning Board to approve a cluster development in any district that permits residential uses, simultaneously with the approval of a plat and pursuant to the conditions set forth in Town Law § 278 and herein.
B. 
Where the Planning Board determines that a specific cluster development application would be appropriate and would benefit the Town, the Planning Board may require that the applicant pursue a cluster development only.
C. 
A cluster development shall result in a permitted number of building lots or dwelling units which in no case shall exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the applicable zoning district or districts in which the land is situated, all zoning regulations, and conforming to all other applicable requirements including but not limited to the permitting and regulatory requirements of other agencies, based on consultation with same as necessary; provided, however, that where the plat falls within two or more contiguous zoning districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the total acreage of all lots or dwelling units allowed in all such districts and may authorize actual construction to take place in all or any portion of one or more of such districts.
D. 
The Planning Board may establish such conditions on the ownership, use and maintenance of such open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. Nothing herein shall be deemed to authorize a change in the permitted uses applicable to the zoning district.
E. 
The plat showing such cluster development shall provide all information and data required for subdivision approval, including areas within which structures may be located, the height and spacing of buildings, open spaces, landscaping, off-street parking spaces, streets, driveways and any other features required by the Planning Board. The dwelling units permitted shall be single-family detached or single-family attached units at the discretion of the Planning Board; provided, however, that the height of the structure shall not exceed the maximum height for residential units in that district.
F. 
Subdivision approval. Approval of a cluster subdivision plat shall follow all other procedures set forth in the Town's subdivision regulations and New York State Town Law.
A. 
Open space. Open space land created as part of a cluster subdivision, planned integrated development, single-family attached housing development, or multifamily dwelling development to preserve the natural and scenic qualities of the land, and not dedicated in fee simple to the Town of Tuxedo, shall be in one of the following forms of ownership: a homeowners association approved by the Town Board; a recognized conservation organization or trust; or any other arrangement approved by the Town Board as satisfying the intent of this Zoning Chapter. Regardless of the ownership of open space land, a conservation easement assuring that such land shall remain open in perpetuity shall be applied to such land. Said conservation easement shall be filed with the Orange County Clerk's office.
B. 
Homeowners association. Whenever a homeowners association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homeowners association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out prior to its formation. If the Town Board determines to exercise its right of review, the Town Board may require the development to meet the following conditions:
(1) 
The homeowners 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.
(2) 
Title to all common property shall be placed in the homeowners association.
(3) 
Each lot owner shall have equal voting rights in the association and shall have the right to use and enjoy the common property.
(4) 
All responsibility for operation and maintenance of the common land and facilities shall lie with the homeowners association.
(5) 
Dedication of all common areas shall be recorded directly on the subdivision plat and by reference on the plat to a dedication in a separately recorded document. The dedication shall:
(a) 
Reserve the title of the common property for the homeowners association.
(b) 
Commit the developer to convey the areas to the homeowners association at an approved time.
(6) 
Covenants shall be established limiting all lots to uses as stipulated on the approved site plan and/or subdivision plat. No structures may be erected on such common lands except as shown on the approved plans.
(7) 
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.
(8) 
The homeowners 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 mechanisms for payment delinquencies.
(9) 
The developer shall assume all responsibilities previously outlined for the homeowners association until a majority of the dwelling sites are sold, at which time the homeowners association shall be established.
(10) 
Prior to subdivision or 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 homeowners 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.
Any proposed nonresidential use shall be subject to the following performance standards and shall conform to the restrictions set forth herein. Owners and/or applicants shall also be required to meet all other requirements and regulations promulgated by the New York State Department of Environmental Conservation, New York State Department of Health, or any other state or federal agency which may also regulate the use.
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. As defined in 29 CFR 1910.109, any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified by the U.S. Department of Transportation; see 49 CFR Chapter I. The term "explosives" shall include all material which is classified as Class A, Class B, and Class C explosives by the U.S. Department of Transportation, and includes, but is not limited to dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, corbeau detonate fuse, instantaneous fuse, igniter cord, igniters, small arms ammunition, small arms ammunition primers, smokeless propellant, cartridges for propellant-actuated power devices, and cartridges for industrial guns. Commercial explosives are those explosives which are intended to be used in commercial or industrial operations.
(2) 
Fire hazards. All activities involving the use or storage of flammable or explosive materials require adequate safety, firefighting, and fire-suppression equipment in accordance with the most stringent applicable local, state or federal regulations. The burning of waste materials in open fires is prohibited.
(3) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous levels of radioactivity. 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 Micro-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, animals or vegetation or to other forms of property, or which can cause any excessive soiling of any paint. In no event shall any emission of any solid or liquid particles in concentrations exceeding 3/10 (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 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 accordance with standards promulgated by the New York State Department of Environmental Conservation, New York State Department of Health or the Orange County Department of Health. 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 the same, or at any point beyond said lot line:
(1) 
Noise. In addition to the performance standards established in Chapter 68, Noise, of the Code of the Town of Tuxedo, the following additional requirements shall apply. The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by these regulations shall be established by the time period and zoning district as shown below. Sound pressure levels shall be measured at all accessible lot lines, at a height of at least four feet above the ground surface. The levels specified may be exceeded by 10 decibels for a single period, no longer than 15 minutes, in any one day. The dB(A) scale shall be used. Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1.401961), American Standard Specification for General Purpose Sound Level Meters. The instrument shall be set to the appropriate weight response scales and the meter to the slow response. Measurements shall be conducted in accordance with ANSI S1.2-1962, American Standard Method for the Physical Measurement of Sound.
Table III
Sound Pressure Levels
Zoning Districts
Sound Pressure Level Limits (decibels - dBA)
7:00 a.m. to 10:00 p.m.
10:01 p.m. to 6:59 a.m.
LIO, GB, NB
60
50
All other districts
55
45
(2) 
Vibration. No vibration which is discernible to the human sense of feeling at the property line 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 1/10 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 perceptible at the property lot line. 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 the 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 beyond the property line.
A. 
Purpose. In order to promote the public health, safety and general welfare, and protect adjoining lands and water bodies from potential soil erosion and sedimentation impacts, the clearing, filling and grading of property is hereby regulated and requires issuance of a clearing, filling and grading permit ("CFG" permit). A CFG permit is not required for any activity which is conducted in accordance with a site plan or subdivision plan approved by the Planning Board, provided that the plan illustrates the limits of disturbance, the activity conforms to the plan, and soil erosion and sediment control measures have been approved as set forth in the plan. A CFG permit is specifically required for commercial forestry activities as defined within this Zoning Chapter.
B. 
Activities regulated.
(1) 
Activities involving less than 400 square feet of area. Any activity that disturbs less than 400 square feet of gross lot area shall not require a CFG permit. The Code Enforcement Officer, in issuing a building permit, can require that soil erosion control measures be installed to reduce impacts to adjoining properties, watercourses, and water bodies.
(2) 
Activities associated with the construction or expansion of a single-family detached or two-family dwelling. Whenever disturbances are proposed on a lot being used for a single-family detached or two-family dwelling, or proposing construction or expansion of same, which proposes land disturbances between 400 square feet and 2,400 square feet of gross lot area, a CFG permit from the Code Enforcement Officer shall be required. The Code Enforcement Officer may refer any application for a CFG permit to the Town Engineer. The cost of said review, which is reasonable and necessary to the decision-making function, shall be borne by the applicant. The Code Enforcement Officer, in issuing a CFG permit, can require that soil erosion control measures be installed to reduce impacts to adjoining properties, watercourses, or water bodies.
(3) 
All other activities. Any activity not regulated in Subsection B(1) and (2) above shall require approval of a land disturbance plan from the Planning Board and a CFG permit from the Code Enforcement Officer.
C. 
Exemptions. A CFG permit shall not be required for the following:
(1) 
Planting of landscaping;
(2) 
Grading existing lawn areas;
(3) 
Normal repairs of occupied property;
(4) 
Correcting hazards representing an imminent threat to life or property;
(5) 
Removal of dead wood;
(6) 
Clearing, filling or grading for land development pursuant to, but not prior to, an approved site plan or final subdivision plat, provided said plans clearly illustrate the limits and extent of clearing, filling and grading activities to be conducted on the site or lot, and soil erosion and sediment control measures have been approved to mitigate potential impacts associated with said activities;
(7) 
The removal of not more than two live trees with a diameter of up to 12 inches diameter breast height (dbh) in any given year. The applicant shall be required to notify the Code Enforcement Officer of said removal prior to its occurrence.
(8) 
Commercial forestry which shall be regulated in accordance with Article X of this Zoning Chapter.
D. 
Application where Code Enforcement Officer issues the CFG permit. The following information shall be submitted, in addition to what is otherwise required for a building permit:
(1) 
Scaled drawing showing the tax lot upon which the activity will be conducted.
(2) 
A sketch indicating the location of the proposed land disturbances and a narrative indicating the types of disturbances to be conducted, materials to be removed from the site or to be brought and used on-site.
(3) 
Erosion control measures, if required by the Code Enforcement Officer.
(4) 
Any other data or information required for the Code Enforcement Officer to issue a CFG permit.
E. 
Where Planning Board approval of a land disturbance plan is required, the following information shall be submitted, in addition to the data set forth in Subsection D(1) through (4) above:
(1) 
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 property.
(2) 
A plan, with engineering scale provided thereon, 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 road and driveway access to the site.
(3) 
An erosion control plan. Where required by state regulations, a stormwater pollution prevention plan shall be submitted.
(4) 
Preliminary copies of any contracts to perform such clearing, filling and grading, which contract shall state that it is subject to this section of the Zoning Chapter and that a copy of this section of the Zoning Chapter shall be attached to and become a part of such contract.
(5) 
Insurance. If required by the Planning Board, the applicant shall submit 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.
(6) 
The completion date of the activity and any other information which the Planning Board deems reasonable in reviewing the application.
F. 
Procedure for Planning Board approval.
(1) 
The Planning Board shall hold a public hearing following receipt of a complete application. Notice shall be given to all property owners whose property is located within 500 feet of the subject property no less than 10 days prior to the public hearing. The public hearing shall be noticed as required for public hearings for special use permits.
(2) 
The application and supporting documentation shall also be reviewed by the Code Enforcement Officer for comments regarding potential impacts, and measures that would reduce or eliminate any impacts.
(3) 
The Planning Board may approve, approve with conditions or modifications, or disapprove the application for a CFG permit. The applicant shall bear the cost of such review, which is reasonable and necessary to the decision-making function of the Planning Board and its consultants.
(4) 
A New York State Department of Environmental Conservation approval or permit, if required, shall be secured prior to the issuance of the CFG permit.
G. 
Standards and conditions.
(1) 
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, wetlands, watercourses or water bodies.
(2) 
Operations shall be conducted from 8:00 a.m. to 5:00 p.m. only. No operations shall be conducted on Sundays or holidays.
(3) 
The Planning Board may condition its approval on appropriate inspections 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 authorize 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, with advice from the Town Engineer, and the applicant will then be required to post a certified check to cover such costs.
(4) 
The Planning Board may impose any other reasonable conditions on the permit, such as screening, access controls, dust controls, soil testing, provision of manifests documenting the location from which any fill to be brought on-site emanates, site security or other conditions which the Planning Board deems necessary in order to adequately maintain the site.
H. 
Performance bond. The applicant may be required to post a performance bond or money security deposit to guarantee the satisfactory restoration of any state, county or Town road or other public property which might be damaged as a result of the clearing, filling and grading activities. The form of the bond or money security deposit shall be approved by the Town Attorney, and the amount of the performance bond or money security deposit shall be determined and approved by the Town Board upon the advice of the Town Engineer and Planning Board. In the event that the applicant fails or refuses to make the necessary repairs, the Town Board shall use the performance bond or money security deposit funds in order to pay the expense of making such repairs.
I. 
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 § 98-88 of this Zoning Chapter. The fine of 150% shall be of the total costs to the Town, less of any and all reimbursement to the Town.
J. 
The CFG permit shall expire 12 months after the date of issuance. The Planning Board may grant an extension of up to 12 months duration following a public hearing as specified in Subsection E above, provided that the applicant is in compliance of all terms and conditions of the original approval.
All uses listed in Table I, General Use and Bulk Requirements,[1] shall be provided with facilities for storage and disposal of solid waste. Common waste storage areas for single-family attached dwellings, multifamily dwellings and nonresidential uses shall be enclosed on all sides to screen said disposal area from view of any public street or residential area, and a screened gate shall provide access to said area. No front-end loaded refuse container(s) shall be located in a front yard unless the Planning Board determines that there is no alternative location to reasonably situate the container during site plan or special use permit review. Solid waste receptacles for a single-family detached, single-family semi-attached, and two-family dwellings may be placed at roadside during periods of solid waste pickup authorized by the Town Board. The Planning Board, at its discretion, may waive the specific design requirements for screening set forth above, where it determines an alternative design would provide an equivalent protection.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
All mechanical rooftop equipment associated with any use other than a single-family detached, single-family semi-attached, single-family attached or two-family dwelling shall be screened from view and shall not exceed 10% of the rooftop on which it is located except that the use of solar panels that are affixed flat to a roof shall be permitted to exceed this requirement. To the maximum extent, the rooftop equipment shall be situated on the roof in a manner which limits views from adjoining properties. Mechanical equipment or other utility hardware located at ground level shall be harmonious with the building and shall be located and/or screened so as not to be visible from public rights-of-way.