A subordinate structure or building, the use of which is incidental to that of the main structure, and which is located on the same building lot or parcel of real property.

The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the construction of new structures associated with agricultural activities.

To change or rearrange the structural parts, windows or exit facilities of a structure, including extension or increase in height or moving from one location or position to another.

A property owner or agent of a property owner who has filed an application for a land development activity.

That portion of a building wholly or partly underground, the bottom of the ceiling beams of which are no more than four feet above the average finished grade.

A basement level shall be added to the total square footage of the floor area of the main structure if the exposed grade is greater than 50% of the wall area. In addition the basement shall be considered a story in the total height calculations of the structure.

Any sloping topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics:

The duly appointed Board of Appeals of the Village.

Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

A subordinate building, the use of which is customarily incidental to that of a main building on the same lot and which is not used for dwelling.

The area of a lot or parcel of real property within which all structures must be confined as determined by the Zoning Code.

The Building Inspector appointed in accordance with the Village Building Administrative Local Law.[2]

The maximum percentage of lot coverage inclusive of all structures and impervious surfaces.

A building in which is conducted the main or principal use of the lot on which such building is situated.

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Any activity that removes the vegetative surface cover.

The deliberate appropriation of property by its owner for general public use.

The New York State Department of Environmental Conservation.

The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

A person who undertakes land development activities.

A building designed or used exclusively as living quarters, and shall not be deemed to include a motel, hotel, rooming house, tourist home, tourist camp, mobile home, trailer, camping car, tent or other similar temporary or mobile structure, whether or not made secure to the land.

A detached building designed with an integrated floor plan for use and occupancy by a single family, containing no more than one room for cooking and not used as a so-called "model house" for promoting the sale of improved or unimproved property.

The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."

One person; two or more persons related by blood, marriage or legal adoption; or two unrelated persons living together as a single housekeeping unit.

The total of the horizontal areas of the several floors of a building measured from the exterior faces of the walls, or in the case of covered or enclosed porches, patios and decks, to the omitted wall lines. Floor area shall include stairwells at each story, interior balconies, mezzanines, attached garages and storage areas, attic spaces designed and equipped to be used for habitable purposes, basements where there exists a floor-to-ceiling height to the underside of the ceiling joists of 10 feet or more, and all space within any portion of a building wholly or partly underground constructed beyond the footprint of a building’s first floor.

The outline of the total area, which is covered by a structure’s perimeter at ground level; includes roofed over and cantilevered structures.

The extent of a parcel of land along a street or harbor.

An accessory building and/or part of a main building which does not exceed a cumulative total of 1,500 square feet, and which is designed or used for the housing of private passenger cars, private trucks, and private agricultural equipment and machinery owned and used by residents and their employees living on the premises.

The natural elevation of the surfaces along a wall of a building after the completed change in contour of lawns, gardens, walks or roads adjoining such wall.

Excavation or fill of material, including the resulting conditions thereof.

Guest houses for use solely by temporary guests, relatives and domestic employees of the owner-occupants of existing one-family dwellings. One such house shall be permitted on the same lot as a one-family dwelling but only in the A and A-1 Districts. The Village Board may establish, from time to time, such conditions on the location, nature and length of occupancy of such houses so as to assure that they will not be used except for purposes clearly incidental to the maintenance and enjoyment of the principal use for the lot on which they are located, except that any guest house in existence at the time of the adoption of this definition may be continued in its then usage.

The height of a structure shall be measured from the mean level of the existing undisturbed grade or the proposed final grade, whichever is more restrictive, along the perimeter of the structure to a point midway between the peak and the eaves of the highest section of the roof, provided that chimneys, spires and similar projections shall not be included in the height if they do not exceed a combined total of 10% of the gross horizontal area of the entire roof, and further provided that in no case shall the maximum elevation of the highest point of any roof exceed 40 feet.

Any portable or mobile vehicle used or designed to be used for living or sleeping purposes, and shall include such a vehicle if mounted on temporary or permanent foundations, with or without the wheels in place.

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, paved driveways, streets, parking areas, tennis courts, swimming pools, etc.

A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

The process of percolating stormwater into the subsoil.

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

An establishment primarily intended to accommodate patrons spending one or more nights, but shall not include a discotheque or a bar without a restaurant.

A parcel of land held in single and separate ownership, not divided by or lying within a street or streets, occupied or to be occupied by a building or by a building and accessory buildings, together with such open spaces as are required by this Part 1, and having its principal frontage on a street.

A lot of which at least two adjacent sides abut on streets.

The property lines bounding a lot as defined herein, except that the front lot line shall be the street right-of-way line.

Main or principal residential structure inclusive of all heated living space, covered porches, covered patios and attached garages.

A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.

A building, lot or structure, the size, dimension or location of which was lawful prior to the adoption of this Part 1 or an amendment to it but which does not conform to the present requirements of this Part 1.

A use of a building or of land that does not conform to the regulations as to the use in the district in which it is situated, which use was lawful at the time this Part 1 or any amendment thereof became effective.

Pollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, construction, subsurface disposal and urban runoff sources.

An off-street space available for the parking of one or more motor vehicles on a transient basis, having a depth of not less than 20 feet and a width of 10 feet per vehicle, exclusive of passageways and driveways appurtenant thereto, and giving access thereto and having direct usable access to a street or driveway.

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

The duly appointed Planning Board of the Village.

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

Land development activity.

The replenishment of underground water reserves.

An eating establishment in which food is prepared and served to patrons seated at tables or counters inside the building. Any such establishment may be licensed to sell alcoholic beverages but shall not permit dancing.

Measures that prevent eroded sediment from leaving the site.

Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special-concern species.

The required minimum distance measured between a lot line and the closest element of a building or structure of that site.

A line parallel to the lot line and at a distance therefrom equal to the required minimum yard for the district in which located.

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

The use of practices that prevent exposed soil from eroding.

An order issued which requires that all construction activity on a site be stopped.

Rainwater, surface runoff, snowmelt and drainage.

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

Flow on the surface of the ground, resulting from precipitation.

That portion of a building included between the top of a floor beam or slab and the top of the beam next above it and which is not less than eight feet for a basement story, nine feet for a first story and 8 1 /2 feet for an upper story.

A public or private thoroughfare devoted to vehicular or pedestrian movement, or both, including a road or right-of-way permanently open to common and general use over which the abutting owners have the rights of access, air and light, which thoroughfare has been established as part of a subdivision approved by the Planning Board or as part of a subdivision plat recorded in the office of the County Clerk of Suffolk County or which thoroughfare existed prior to the date that the Village regulated the subdivision of land. A private driveway shall not be considered a private "street" unless or until a right-of-way or easement therein is vested in more than one ownership.

Anything erected or constructed, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to signs, swimming pools, tennis courts, docks, retaining or other types of walls, fences, gates, buildings and accessory buildings.

Stony Brook Harbor, lakes, bays, the Long Island Sound, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets or canals within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

A traffic circle at the end of a dead-end street.

The specific purpose for which land or a structure is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

A use which is customarily incidental and subordinate to the principal use of a lot or a structure and located on the same lot therewith and limited to the uses specifically permitted for the zoning district in which it is located.

The Incorporated Village of Head-of-the-Harbor.

The duly elected Board of Trustees of the Village.

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

Land with frontage on Stony Brook Harbor or Stony Brook Creek.

A channel that directs surface runoff to a watercourse or to the public storm drain.

Any freshwater or tidal wetland, pond, swamp or meadow within the Village, including, but not limited to:

A required open space of uniform width or depth, as the case may be, on the same lot with a structure or group of structures, which open space lies between a structure and the appropriate lot line and is unoccupied and unobstructed from the ground upward, except for certain features specified in § 165-27. In measuring a "yard," as hereinafter provided, the line of a structure shall be deemed to mean a line parallel to the nearest lot line and drawn from a point of such structure nearest to such lot line, exclusive of certain features specified in § 165-27 as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively, and shall be at right angles from such line of the structure to the nearest lot line.

A yard extending across the full width of the lot and lying between the street right-of-way and the nearest point of a structure or group of structures.

A yard extending across the full width of the lot and lying between the rear lot line and the nearest point of a structure or group of structures. In the case of a corner lot of which two adjacent sides abut on streets or on a street and Stony Brook Harbor, the owner shall decide which yard is the "rear yard." In the case of a corner lot of which three sides abut on streets or on streets and Stony Brook Harbor, there shall be no side yard.

A yard between the side lot line and the nearest point of a structure or group of structures and extending from the front yard to the rear yard or to another front yard.