Tuxedo Park City Zoning Code
ARTICLE IV
District Regulations
§ 100-6 Permitted uses.
[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]
§ 100-6.1 Gateway Overlay District (G-O).
[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.
§ 100-6.3 Additional requirements; procedure.
[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.
§ 100-7 Offensive uses.
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]
§ 100-8 Minimum area and bulk regulations.
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.
§ 100-9 Permitted yard intrusions; decks and terraces.
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.
§ 100-10 Building height restrictions.
[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.
§ 100-10.1 Antennas.
[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.
§ 100-11 Percentage of lot coverage.
[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.
§ 100-12 Slope restrictions.
[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.
§ 100-13 Ridge line and precipice area regulations.
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.
§ 100-13.1 Elevations.
[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.
§ 100-14 Trees.
[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]
§ 100-14.1 Firewood storage and temporary enclosures.
[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.
§ 100-15 Restrictions on parking of certain vehicles and equipment.
[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.
§ 100-16 Accessory buildings or structures.
[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.
§ 100-17 Kennels.
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.
§ 100-18 Fences.
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.
§ 100-19 Stables.
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]
§ 100-20 Garages.
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.
§ 100-21 Driveways.
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.
§ 100-21.1 Exterior lightning.
[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.
§ 100-22 Village access.
[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.
§ 100-23 Blasting, demolition or mining.
[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]
§ 100-24 Structures increasing dam hazard classifications.
[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.