The general regulations affecting the bulk and arrangement of buildings and structures, the density of residential development and of materials and equipment occupying land in connection with nonbuilding uses thereof for each of the districts established by Article II are hereby established and set forth in this Article.
The accompanying tables, entitled "Table of Bulk Regulations, Part I, Residential Districts" and "Table of Bulk Regulations, Part II, Nonresidential Districts," shall be deemed a part of this Article and are referred to herein as "Bulk Tables."
Editor's Note: The Table of Bulk Regulations, Part I, Residential Districts, and Table of Bulk Regulations, Part II, Nonresidential Districts, are located at the end of this chapter.
The Bulk Tables are divided into columns, each column headed by a number for reference. Double horizontal lines divide the regulations for one district from those of another. The Bulk Tables are further divided by single horizontal lines into groups, each group being designated by a letter-symbol and having different bulk regulations. Bulk Table, Column 3, refers in abbreviated form to the uses listed in detail in the Use Table, Columns A, B and C.
In the Bulk Tables, the words "same as" followed by a group symbol shall be construed to include all of the matter in the same columns for the group thus referred to. Where the words "same as" are followed by a series of group symbols, the use group and their respective bulk regulations shall be construed as applying to equivalent uses in the district wherein referred.
The use of separate density controls as authorized by § 261 of New York State Town Law is hereby adopted in order that the impact of residential development on the existing environment may be adequately related to the capacity of the land to accommodate new development. Within districts the density of dwellings is established to ensure that adequate resources of land will be available to support the total potential development of an area consistent with the Comprehensive Plan for the Town of Tuxedo. These regulations require that adequate land resources be reserved for each dwelling without dependence on currently undeveloped land resources with future development potential.
No building permit, certificate of occupancy or division of land pursuant to the Subdivision Regulations of the Town of Tuxedo shall be approved, issued or filed except in accordance with the following procedures providing for determination of the density of residential development and the permitted number of dwellings. The procedures herein are in addition to and supersede any separate determination of residential use based on the minimum site area. No future subdivision of land shall alter or affect the originally determined number of dwellings permitted under this section. The permitted number of dwellings, as calculated herein, shall be the maximum number for the area, parcel or tract under application, and the approval, endorsement or other official act of the Town with respect to such application, together with the signature of the applicant indicating consent to file such application, shall constitute a binding covenant on all the area, parcel or tract under such application.
The computation of density and residential yield (permitted number of dwellings) allows two approaches:
A general approach (Density Approach One) for those applicants or subdividers not desiring to accurately determine the residential capacity of land as calculated by soil and slope data. This first approach provides a simple procedure to determine a safe residential yield of a tract of land consistent with the general characteristics in the district.
A second approach (Density Approach Two) which provides for a maximization of the residential yield land through the accurate determination of its residential capacity as calculated on soil and slope conditions for each tract under study. The second approach requires the applicant to provide detailed site data not required for the first approach, and thereby permits the applicant full utilization of land consistent with the protection of the public health, welfare and safety.
Residential densities for R-1 Districts. Residential density and the permitted number of dwellings for R-1 Districts may be computed as follows:
Density Approach One: The density of dwellings shall not exceed 0.250 per net developable acre (see definitions for adjustments to gross acreage) of the parcel or tract for which application is made.
Density Approach Two: The density of dwellings may be computed using the following procedures at the option of the applicant. Absent the following procedures, the density shall be computed in accordance with Subsection B(1).
The net developable area (see definitions for adjustments to the gross area of the tract) shall be identified in each of the three soil erodibility classifications in the Soils Interpretation Report for Orange County, January 1972, by Soil Conservation Services, copies of which are filed in the office of the Town Clerk. Soil classifications shall be those shown on Soil Map for the Town of Tuxedo, February 1974, copies of which are filed in the office of the Town Clerk, unless certified soil surveys with K factors as assigned in the Soil Interpretation Report for Orange County are provided by the applicant.
Base densities shall be as follows:
The final density shall be determined by computing the LS value as shown in Table 2.4, Slope Effect Table, from the publication, Guidelines for Erosion and Sediment Control in Urban Areas of New York State, United States Department of Agriculture, Soil Conservation Service, copies of which are filed in the office of the Town Clerk. For LS values less than 1.0, final density shall be as determined in Subsection B(2)(b) above. For LS values greater than 1.0, final density shall be from the next highest classification of K factors, except for soils already classified as high, in which case base density shall be 0.25.
The permitted number of dwellings shall be computed by multiplying the density, as determined above, by each net developable area, as determined by soil survey. The absolute number of the sum of each area, discounting any fractional number of dwellings, shall be the maximum number of dwellings permitted under such application.
Residential densities for R-2 Districts (areas not serviced by approved public central water or sewer systems). For residential developments not serviced by approved public sewer systems or water systems, the residential density may be computed as follows:
Density Approach One: The density of dwellings shall not exceed 0.410 dwellings per net developable acre (see definitions for adjustments to gross acreage).
Density Approach Two.
The permitted number of dwellings shall be computed by multiplying the density, in dwellings per acre, as determined above, by the net developable area, as determined by soil survey. The absolute number, discounting any fractional number of dwellings, of the sum of such area shall be the maximum number of dwellings permitted under such application.
Residential densities for R-2 Districts (areas serviced by approved, public central water or sewer systems). For residential developments to be serviced by approved public sewer or water systems, the residential density shall be 0.846 per adjusted gross acre as determined below.
Prior to determining the permitted number of dwellings, the gross area of the parcel to be developed shall be adjusted as follows
The total area of land underwater shall be subtracted from the gross area; land underwater is any area of the parcel submerged for more than three months of the year.
Where up to 25% of the total area of the parcel to be developed consists of land with slopes equal to or greater than one foot vertically in three feet horizontally, 1/2 the total of such land shall be subtracted from the gross area of the parcel to determine the adjusted gross area. Mathematically the adjustment is represented as follows:
Where more than 25% of the parcel to be developed consists of land with slopes equal to or greater than one foot vertically in three feet horizontally, the excess of such land over the 25% shall be subtracted, together with the amount determined for the initial 25% of such land [Subsection D(1)(b) above] to determine the adjusted gross area. Mathematically the adjustment is represented as follows:
One-half the total area of land restricted by virtue of easements or other encumbrances precluding construction, up to 25% of the total area, shall be subtracted from the gross land area. Such land in excess of 25% of the total area shall be subtracted from the gross area.
Where an area of land in the tract has more than one of the preceding factors applying (i.e., both slopes exceeding one foot in three feet and easements), only the most restrictive of the adjustments shall be applied. Example: Land underwater is also restricted by an easement. Only the land underwater subtraction shall be applied and the easement adjustment would not include the underwater area.
The permitted number of dwellings shall be computed by multiplying the density (dwellings per acre), as determined in this Subsection D, by the adjusted gross area of the land, as determined in Subsection D(1). The absolute number, discounting any fractional number of dwellings, shall be the maximum number permitted under such application.
Residential densities in all other residential districts. Residential densities for all other districts shall be as shown in the Bulk Table, Column 14, for the respective use group. The permitted number of dwellings shall be computed by multiplying the residential density (dwellings per acre) by the adjusted gross area of the parcel as set forth in Subsection D(1). The absolute number, discounting any fractional number of dwellings, shall be the maximum number permitted under such application.
Approval of cluster developments under Town Law § 278.
[Added 5-18-1998 by L.L. No. 2-1998]
To enable and encourage flexibility of design and development so as to preserve the natural and scenic qualities of open lands, the Town Board may, by an authorizing resolution, authorize the Planning Board to approve a cluster development in any residential zoning district, simultaneously with the approval of a plat and pursuant to the conditions herein.
The Planning Board may request the Town Board's authorizing resolution of a cluster development if, in the Planning Board's judgment, a cluster development would benefit the Town.
A cluster development may not result in a permitted number of building lots or dwelling units greater than the number which could be permitted if the land were developed according to the minimum lot size and density requirements of the applicable zoning district or districts in which the land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all 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.
The Town Board, as a condition of its authorizing resolution, 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. The authorizing resolution shall not be deemed to authorize a change in the permitted uses applicable to the zoning district.