By the authority of the resolution of the Town Board of the Town of Tuxedo adopted on February 14, 1961, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Tuxedo is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, and to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county within that part of the Town of Tuxedo outside the limits of any incorporated city or village.
It is declared the policy of the Planning Board to consider the development of land in the Town of Tuxedo as part of a plan for the orderly, economic and efficient development of the town. To this end:
All land to be developed shall be of such character that it can be used safely for building purposes without danger to health or peril from flood or other menace;
Proper provision shall be made for drainage, water supply, sewerage and other improvements;
All proposed development shall be so designed within the site, lots or blocks as to be in harmony with the development pattern of adjacent properties;
The proposed streets shall compose a convenient system conforming to the Official Map of the Town of Tuxedo and shall be related to the proposals shown on the Town of Tuxedo Master Plan and shall be of such width, grade and location as to accommodate prospective traffic to facilitate fire protection and to provide access for fire-fighting equipment to buildings;
Proper provision shall be made for permanent reservations of open spaces for parks, playgrounds and for protection of natural drainage and environmental features;
Future development shall bear a fair share of capital costs to the town of municipal improvements necessary to service such new development.
In order that development shall be designed and constructed in accordance with these policies, these regulations, which shall be known as and may be cited as the "Town of Tuxedo Regulations for Land Subdivisions," have been adopted by the Planning Board on March 15, 1976, and approved by the Town Board on April 14, 1976.
The Clerk of the Town of Tuxedo, which town having authorized the Planning Board to approve plats showing lots, blocks or sites, with or without streets or highways, or the entire or partial development of plats filed in the office of the Orange County Clerk or to approve preliminary plats, as provided in these regulations, shall immediately refile a certificate of that fact with the Orange County Clerk.
After the effective date of these regulations, no person, owner or agent shall sell or lease, contract to sell or lease or represent himself to be in a position to sell or lease or develop any parcel, lot or plot of land in the Town of Tuxedo by reference to any map or subdivision plat showing any street or way not filed in the Orange County Clerk's office and approved by the Planning Board in accordance with these regulations. The description of a parcel, lot or plot of land by metes and bounds in instruments of transfer or other documents used in the process of selling, leasing or transferring shall not exempt the transaction from the requirements contained herein.
After the effective date of these regulations, no building permit or certificate of occupancy shall be issued for any construction, structure or development except in conformance with an approved land development plan as set forth herein.
No construction, alteration, removal, demolition, excavation, enlargement or use shall be commenced except in conformance with an approved land development plan as set forth herein.
A violation of these regulations shall be enforceable by separate ordinance of the Town Board under § 268 of the New York State Town Law; provided, however, that nothing in these regulations shall prevent injunctive relief to the Town of Tuxedo under the Civil Practice Law and Rules, § 6301, or action by residents or parties in interest under § 51 of the General Municipal Law.
Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot."
- BOUNDARY LINE CHANGE
- Relocation or revision of a lot line of a lot, which revision is
intended to correct minor boundary problems and is not intended to create
a new lot for development purposes and which revision will result in land
area to become part of an existing adjacent lot or parcel, provided that such
"boundary line change" does not create a parcel at variance with the bulk
requirements of the zone in which such parcel is located.[Added 11-8-1989 by L.L. No. 6-1989]
- BULK LAND TRANSFER
- A minor subdivision of a parcel of land larger than 40 acres for which no permitted number of dwellings is computed and from which no building lots are created as part of such "bulk land transfer."
- CONDITIONAL APPROVAL
- The approval of a final plat subject to conditions set forth by the Planning Board in its resolution conditionally approving the plat. "Conditional approval" does not qualify the final plat for recording. At the time of the resolution conditionally approving the plat, the Planning Board must empower a duly authorized officer of the Planning Board to sign the plat subject to completion of the requirements stated in the resolution. Upon completion of these requirements, the plat must be signed by the officer so designated. The subdivider has 180 days to satisfy the requirements upon which the approval has been conditioned and obtain the certification of the officer of the Planning Board. This period may be extended by the Planning Board if in its opinion the circumstances warrant this, for up to two ninety-day periods beyond the initial 180 days.
- CONSTRUCTION DETAILS PLAN
- The working drawings and specifications for public improvements and utilities involved in the plan of subdivision.
- DESIGN PROFESSIONAL
- An architect, landscape architect, professional engineer or other person licensed by the State of New York to practice site planning and/or engineering. The "design professional's" responsibility shall be as defined by state law.
- DRAINAGE FACILITY
- Any structure, component, element or appurtenance that constitutes part of a system for collecting and disposing of surface or subsurface water, including ditches, swales, gullies or other depressions in the earth, whether or not man-made.
- Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.
- ENGINEER OR LICENSED PROFESSIONAL ENGINEER
- A person licensed as a professional engineer by the State of New York.
- FINAL PLAT
- See "subdivision plat."
- FINAL PLAT APPROVAL
- Final approval of a plat in final form is the signing of a final plat by a duly authorized officer of the Planning Board after a resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk.
- HOUSE SITE
- The location on the ground upon which a single-family dwelling is located.
- LAND DEVELOPMENT PLAN
- A design document providing a composite diagram of the land characteristics and special features over which a site plan for residences or development can be formulated. The "land development plan" becomes the controlling element over the future use of land when filed with the final subdivision plat.
- LANDSCAPED OR LANDSCAPING
- Open space development which includes but is not necessarily limited to the following existing and cultivated elements arranged to produce an artful or otherwise desired effect: turf, meadow, rocks, watercourses or -bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths and other similar natural and man-made elements or forms.
- LAND SURVEYOR
- See "surveyor, land."
- A parcel or portion of land separated from other parcels or portions for purposes of sale, lease or separate use by means of a description as indicated by a subdivision plat, a recorded map or dead or by metes and bounds or separated by a public street or railroad right-of-way.
- MASTER PLAN
- The Master Plan of the Town of Tuxedo, as adopted by the Town Planning Board pursuant to § 272-a of the New York State Town Law.
- OFFICIAL MAP
- The map established by the Town Board pursuant to § 270 of the Town Law showing streets, highways, parks and drainage, both existing and proposed.
- OFFICIAL SUBMITTAL DATE
- The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law and hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in Article IV of these regulations.
- PARENT PARCEL
- Any parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land on the effective date of these regulations, which has a total area which exceeds the minimum requirements of the Zoning Local Law and for which there exists the legal possibility of subdivision or resubdivision.
- PERFORMANCE BOND
- A security which may be accepted by the town in lieu of a requirement that certain improvements be made before the Planning Board gives final approval to a subdivision plat. Such security shall be sufficient to cover the full cost of all incompleted improvements in the subdivision as estimated by the Planning Board. Securities shall include such collateral or agreements acceptable to the Town Board or a bond issued by a surety company to run for a term not to exceed three years; provided, however, that the term may be extended by the Planning Board with the consent of the parties thereto.
- PLANNING BOARD OR BOARD
- The Planning Board of the Town of Tuxedo.
- PRELIMINARY PLAT
- A drawing prepared in a manner prescribed by local regulation showing the salient features of the layout of a proposed subdivision submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.
- PRELIMINARY PLAT APPROVAL
- Approval by the Planning Board of the layout of the proposed subdivision as set forth in a preliminary plat, but subject to approval of the plat in final form in accordance with the provisions of Article II, § 85-10.
- RESERVE STRIP
- A privately owned strip of land of less width than the lot depth permitted by the applicable regulations, bounded on one side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.
- A change of an approved or recorded subdivision plat if such change affects any street layout shown on such plat, or area reserved thereon for public use, or any change of a lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
- ROAD SPECIFICATIONS
- The minimum acceptable standards of street construction for proposed town roads within subdivisions of the Town of Tuxedo.
- The total contiguous land of any owner, whether part or all of such owner's land is submitted for plat approval.
- STANDARD SCHEDULE OF FEES
- The Standard Schedule of Fees of the Town of Tuxedo as may be adopted from time to time by resolution of the Town Board.
- A way for vehicular traffic, whether designated as a street, highway, parkway, throughway, road, avenue, boulevard, lane, place or however else designated. The term "street" includes the land between the street right-of-way lines, whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.
- STREET, ARTERIAL
- A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or heavy traffic between communities and/or other heavy traffic-generating areas.
- STREET, COLLECTOR
- A street which carries traffic from minor streets to the system of highways, including the principal entrance streets of large residential developments.
- STREET LINE
- The line between the street and a lot or a line established by the Official Map as the street right-of-way, whether or not in public ownership.
- STREET, LOCAL (MARGINAL)
- A street which is parallel to and adjacent to arterial streets and highways and which provides access to abutting properties and protection from through traffic.
- STREET, LOCAL (MINOR)
- A street intended to serve primarily as an access to abutting properties.
- STREET PAVEMENT
- The wearing or exposed surface of the roadway used by vehicular traffic.
- STREET RIGHT-OF-WAY
- The full width of a street as shown on the Official Map, whether acquired through dedication or by use or to be acquired in the future. It may include pavement, shoulders, ditches or gutters, culverts or sluiceways. It may be defined in metes and bounds and be filed with the proper authorities or it may have been used and maintained by the public for a period of 10 years or more.
- STREET TAP OR STUB STREET
- A street designed to provide a connection to possible future development outside the subdivision so that continuity of traffic circulation can be maintained.
- STREET WIDTH
- The width of the right-of-way, measured at right angles to the center line of the street.
- Any person, firm, corporation, partnership or association who shall make application to lay out any subdivision or part thereof as defined herein, either for himself or others.
- The division of any parcel of land or structure into two or more lots, blocks or units, with or without streets or highways. Such division shall include resubdivision of parcels of land for which an approved plat has already been filed in the office of the County Clerk and which is entirely or partially undeveloped. For the purposes of these subdivision regulations, a parcel shall be considered already to have been subdivided into two or more lots if bisected by one or more public streets or railroad rights-of-way.
- SUBDIVISION, MAJOR
- Any subdivision not classified as minor subdivision, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of town facilities.
- SUBDIVISION, MINOR
- Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of town facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Local Law or these regulations.
- SUBDIVISION PLAT OR FINAL PLAT -
- A drawing in final form, prepared in a manner prescribed by these regulations, showing a proposed subdivision, containing such additional detail as is provided herein.
- SUPERINTENDENT OF HIGHWAYS
- The Highway Superintendent of the Town of Tuxedo.
- SURVEYOR, LAND
- A person licensed as a land surveyor by the State of New York.
- TAX RECORD PARCEL
- The record of the owner and description of the parcel held on record in the Orange County Department of Real Property Tax Service.
- TOWN ATTORNEY
- The duly designated attorney of the town.
- TOWN ENGINEER
- The duly designated licensed engineer of the Town of Tuxedo.
- See "lot."
- A parcel of land or structure divided into two or more distinct portions that will not be owned in fee simple.
- A street, right-of-way, easement, sidewalk or other land reserved exclusively for pedestrians, bicycles, equestrians and other nonmotorized circulation.