Tusten Town City Zoning Code

The Town of Tusten is hereby divided into the following types of zoning districts:

Additionally, two zoning overlay districts are hereby established. A zoning overlay district is drawn on a map over a specific area, usually an area where there is a significant resource such as a shoreline, historic area or a mountain ridge. An overlay district supplements other land use regulation.

The first overlay zoning district is the Scenic Overlay (SO) District, which shall extend to 250 feet on each side of the boundary of the Route 97 right-of-way. The intent of the SO Overlay District is to further enhance the scenic and recreational features of the Delaware River and river corridor in the Scenic River (SR) and Recreational River (RR) Zoning Districts, in accordance with the Final River Management Plan: Upper Delaware Scenic and Recreational River, 1986. Article VI, § 300-6.17 sets forth standards applicable to this Overlay District as well as to the Scenic River (SR) and Recreational River (RR) Districts.

The second overlay zoning district is the Wellhead Protection Area (WHP), which was established via the Town of Tusten, Local Law 1 in 2001. As noted in L.L. No. 1-2001, the purpose of establishing the Wellhead Protection Area (WHP) is to facilitate the adequate provision of water through the elimination or prevention of groundwater contamination in the vicinity of public drinking water supply wells operated by the Narrowsburg Water District. Section 4.17 of L.L. No. 1-2001 delineates the WHP Overlay District and the map of said overlay district is included in Appendix D of this chapter.[1]

In addition to requirements of this chapter, portions of the Town have been mapped as "special flood hazard areas" by the National Flood Insurance Program (NFIP) under the auspices of the Federal Emergency Management Agency (FEMA). The special flood hazard areas are officially mapped on the Flood Insurance Rate Maps (FIRM), available at the Town offices via the Code Enforcement Officer. The regulations for the special flood hazard areas are incorporated in the Town Code, Chapter 152, Flood Damage Prevention.

Portions of the Town of Tusten also lie within the congressionally designated Upper Delaware Scenic and Recreational River Corridor, which is delineated in Appendix C.[2] This area, which encompasses the Scenic Overlay District noted above, is defined by the National Park Service River Management Boundary in the Final River Management Plan: Upper Delaware Scenic and Recreational River, 1986. This boundary extends through the Scenic River, General Residential, Downtown Business, Roadside Business, Rural Residential, and Recreational River Districts beginning from the edge of the Delaware River and extending 0.5 to 0.75 miles into each of the aforementioned zoning districts. Areas within the boundary must conform to the standards established by Final River Management Plan: Upper Delaware Scenic and Recreational River, 1986.

Designation of district boundaries. Zoning district boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan of record in the Sullivan County Clerk's Office and on the Sullivan County Tax Maps at the time of the enactment of this chapter, unless such district boundary lines are fixed by dimensions or other points of reference as shown on the Official Zoning Map. Where no dimensions are given, the Code Enforcement Officer (CEO) shall scale the dimension. In the case of the Zoning District boundaries that follow the Delaware River, all areas of the Delaware River within the boundary of the Town shall be included in the applicable zoning district as shown on the "Official Zoning Map of the Town of Tusten."

Determination of locations of boundaries. Where the true location of a district boundary line is uncertain, the Code Enforcement Officer (CEO) shall request the Zoning Board of Appeals to determine such location.