Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated:
ACCESSORYA term applied to a building or use clearly incidental or subordinate to, and customarily in connection with, the principal building or use on the same lot.
AGRICULTURAL ACTIVITYAs it relates to Article
XII, Stormwater Management and Erosion and Sediment Control, 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 operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
AGRICULTURE or HORTICULTUREThe cultivation of soils for food products or other useful or valuable growths in the field or garden or within structures, exclusive of facilities for display of products or on-premises marketing except as may be specifically permitted in this chapter. "Agriculture" shall also be deemed to include poultry, ratitae, or livestock production or breeding as permitted pursuant to this chapter, including the raising of cattle or other livestock for the purposes of milk or meat production. Agricultural or horticultural uses shall also be deemed to include uses such as nurseries, greenhouses, orchards, field crops, vineyards, and any other cultivation of soils and natural products thereof, as well as the keeping, breeding, and raising of beef or dairy cattle, horses, sheep or other permitted livestock. Horticultural uses shall be included under the definition of "agriculture." Breeding pigs for market and the commercial breeding and/or raising of fur-bearing animals, including but not limited to mink, shall also be considered to be an agricultural activity.
ALTERATIONA change or rearrangement in the structural parts of a building, or an enlargement, whether by extending to a side or by increasing the height.
ANTENNAAny tower, apparatus or structure for the purpose of transmitting or receiving radio waves or microwaves as defined by the Federal Communication Commission. The height of the antenna shall be measured in a vertical distance from the average elevation of the finished grade at the base of the antenna to the highest point of the antenna, or, if mounted on a building, from the elevation of the finished grade of the building directly below the antenna.
APPLICANTA property owner or agent of a property owner who has filed an application for a land development activity.
ART-AND-CRAFT STUDIOA home occupation involving the fabrication and/or retail sale of curios, novelties, or handmade artwork and the repair or sale of antiques or collectibles.
BED-AND-BREAKFASTA home occupation involving the rental of up to four rooms as transient accommodations, with breakfast served to guests, but with no full service restaurant facilities.
BOARDINGHOUSEA building containing a single dwelling unit and lodging rooms accommodating, for compensation, two or more persons, who are not the keeper's family.
BUILDINGA structure wholly or partially enclosed within exterior walls and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTORThe Town official who is responsible to administer this chapter in addition to his role as enforcer and administrator of the local Building Construction Code. All references to the "Building Inspector" include the Deputy Building Inspector and Code Enforcement Officer.
CAMP UNITIncludes any tent, camping vehicle, or similar structure, temporarily located on a campsite as temporary living quarters, but shall not include any camping unit kept at a campground for storage purposes only.
CAMPERIncludes any person who registers his party for occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite.
CAMPGROUNDA plot of ground upon which two or more campsites are located, established, or maintained and occupied by camping units as temporary living quarters for a total of 15 days or more in any calendar year.
CAMPGROUND OWNERIncludes the owner, lessee, tenant or other person authorized to operate a campground as defined pursuant to this chapter.
CAMPING VEHICLEIncludes any licensed camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis designed without permanent foundation which is used for temporary dwelling or sleeping purposes and which does not exceed eight feet in width in its travel state.
CAMPSITEIncludes any plot of ground within a campground intended for occupancy by a camp unit or units.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARINGAny activity that directly or indirectly removes the vegetative surface cover.
CONSTRUCTION AND DEMOLITION DEBRISWastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree and brush stumps.
CONVENIENCE STOREA one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked primarily to sell food, beverages, and household supplies to retail customers. Such establishments may include the retail sale of gasoline, oil and other automotive fluids, although no repairs or servicing of vehicles are permitted.
DAY-CARE CENTERA facility licensed by the New York State Department of Social Services pursuant to Social Services Law. A day-care center program provides for more than three hours and less than 24 hours per day of care away from the child's home by an individual, association, corporation, institution or agency. A day-care center shall not include any of the following: a day camp; an after-school program operated for the primary purpose of religious education; or a facility operated by a public school district.
DESIGN MANUALThe 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.
DEVELOPERA person who undertakes land development activities or acts as an agent on behalf of another.
DOMESTIC ANIMALAny of various animals, including but not limited to the horse or sheep, that is typically and customarily adapted to living in a tame association with humans. Small pets that are not customarily adapted to being harbored outdoors or in barns, including but not limited to animals such as canaries, gerbils, and tropical fish, but specifically excluding cats and dogs, are not regulated for purposes of this chapter except where the same are harbored and/or bred on a large scale for commercial, laboratory, fur, or other purposes.
DUMPA parcel of land or part thereof used for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of any unwanted material of any origin, including but not limited to metal, stones, concrete, metal tanks, automobiles, automobile parts, construction and demolition debris, barrels, metal cans, or other metal containers, hazardous or medical waste materials, or garbage and soil waste of any nature, and any materials or items which are being disposed of and which require federal, state, and/or local permits for the disposal of the same.
DWELLINGA building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes and mobile homes, provided that they meet all of the requirements of this chapter, the Building Code and all other federal, state or municipal regulations, ordinances or local laws applicable to dwellings.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, and having no enclosed spaces (other than vestibules, entrances and other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse room, dormitory, motel, inn, nursing home, or other similar structure shall not be deemed to constitute a "dwelling unit."
EARTH-MOVING EQUIPMENTScrapers, loaders, crawler or wheel tractors, bulldozers, off-highway trucks, graders, agricultural and industrial tractors, and similar equipment. The promulgation of specific rules for compactors and rubber-tired "skid-steer" equipment is reserved pending consideration of standards currently being developed.
EROSION CONTROL MANUALThe most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
FAMILYOne or more persons living together as a single, stable, bona fide housekeeping unit using all rooms and housekeeping facilities of a dwelling unit in common. Any such number of persons shall not be deemed to constitute a "family" if any one of such persons does not have lawful access to all parts of said dwelling unit and/or if any or more of such persons lease or rent any separate portion of such dwelling unit from any other persons.
FLOOR AREAThe sum of the gross horizontal area of the floor or floors of a structure as measured from the exterior faces of the wall of the building.
FOWLIncluding but not limited to domesticated birds such as pigeons, chickens, ducks, geese, turkeys and pheasants raised in confinement, whether indoors or outdoors.
GARAGE, PRIVATEAn enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles.
GRADINGExcavation or fill of material, including the resulting conditions thereof.
HEALTH CLUBA for-profit or not-for-profit indoor or mixed indoor/outdoor recreational and exercise facility that may include such facilities as weight-lifting equipment, indoor and/or outdoor running tracks, swimming pools, tennis, squash, handball, or racquetball courts, exercise machines such as treadmills, rowers, stationary bicycles and the like, and accessory facilities such as saunas, tanning rooms, showers and locker rooms, but specifically excluding video game rooms as well as all uses listed under § 250-61O(3) of this chapter as prohibited recreational uses.
HEIGHTThe vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling by its residents thereof, clearly secondary to the use of the dwelling for living purposes, and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used. Permissible home occupations include, but are not limited to, art-and-craft studio, writer's studio, insurance sales office, bed-and-breakfast establishment, dressmaking, offices of a clergyman, lawyer, physician, dentist, architect, engineer, accountant or similar professional; teaching, with musical, dancing and other instruction limited to one pupil at a time; barbershop or beauty parlor limited to one station, and office of real estate broker or salesperson. However, home occupations shall not be construed to include uses such as the following: clinic or hospital, restaurant, animal hospital, or dog kennel.
HOUSEHOLD PETAny domesticated animal used solely for the enjoyment of the member(s) of a household and not for commercial purposes. Domesticated animals shall not include wild individual animals that have been tamed for household habitation, livestock, poultry, or ratitae.
IMPERVIOUS COVERThose surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMITA 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.
INFILTRATIONThe process of percolating stormwater into the subsoil.
JUNKYARDAny area of land including buildings thereon which is used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal, tires or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. Two or more motor vehicles either whole or complete, partially dismantled or parts thereof, stored outside without current license plates, unregistered and uninsured, shall constitute a "junkyard."
JURISDICTIONAL WETLANDAn 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." Such areas may also have government entities such as the New York State Department of Conservation (NYSDEC) and the United States Army Corps of Engineers (ACOE) which have jurisdiction over it.
KENNELA place where more than six adult dogs are kept for boarding, breeding and/or training, raising, grooming, training or veterinary care.
LAND DEVELOPMENT ACTIVITYConstruction 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.
LIVESTOCKDomesticated animals raised as a part of or in connection with an agricultural operation, including but not limited to horses, cows, poultry, sheep, goats, mink and pigs. See "agriculture."
LOTA piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses, accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
LOT COVERAGEThe percentage of the area of the lot covered by a building or buildings.
LOT LINEAny boundary of a lot other than a street line.
LOT WIDTHThe distance between side lot lines at the required minimum front yard depth measured along a line parallel to a line connecting the end points of the front lot line.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets. Such a lot would have two front yards.
LOT, DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
MAINTENANCE AGREEMENTA legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MANUFACTURINGAny process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
MOBILE HOMEA. Any vehicle mounted on wheels, movable either by its own power or capable of being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking.
B. The term "mobile home" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
C. The term "mobile home" shall not include a camping trailer, travel trailer, or office trailer.
D. Mobile homes are built with steel chassis, not requiring a foundation. Mobile homes require a title and do not need to be registered with the NYS Department of Motor Vehicles. Modular homes are placed on a foundation or basement. Manufactured homes are similar to modular, but require permanent wheeled chassis.
MOBILE HOME SALES LOTAny area of land upon which mobile homes are placed for purposes of sale or display.
MOBILE HOME, DOUBLE-WIDEA mobile home structure, transportable in two or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
MODULAR HOMEAn off-site fabricated, sectionalized transportable building for dwelling purposes, designed to be used by itself or to be incorporated with similar building sections and placed on a permanent foundation at the building site.
MOTEL or HOTELAny establishment consisting of a building or group of buildings providing living and/or sleeping accommodations with individual bathrooms, and designed for use by transient automobile travelers. Length of stay shall be limited to a period not to exceed 30 consecutive days nor more than 90 days in a calendar year within any room in such a facility.
NON-NUISANCE INDUSTRY, LIMITEDEmploys four or fewer employees at one time, generates little or no heavy truck traffic, contains no outdoor storage yards, and is situated in a building or portion of a building of not more than 2,500 square feet in floor area.
NONCONFORMING LOTAny lot lawfully existing and on record on the effective date of this chapter or any amendment thereto which does not meet the minimum bulk requirements, including but not limited to lot area and/or lot width, the depth requirements of this chapter for the zoning district in which such lot is situated as a result of such enactment or amendment.
NONCONFORMING STRUCTUREAny structure which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto, but which is not in conformance with the bulk table regulations for that zoning district as a result of such enactment or amendment.
NONCONFORMING USEAny use which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto which does not conform to the district use regulations as a result of such enactment or amendment.
NONPOINT SOURCE POLLUTIONPollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NURSERY SCHOOLAn instructional facility for preschool children, usually between ages three and five, providing care for less than three hours a day. Schools may hold two sessions daily.
PERSONAny individual, firm, company, association, society, corporation, group, partnership, or entity.
PHASINGAs it relates to Article
XII, Stormwater Management and Erosion and Sediment Control, clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERNSediment 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.
PRINCIPAL STRUCTUREIn any residence district, the residential structure shall be deemed the principal structure on the lot when a residence is situated on the lot.
PROFESSIONAL FORESTERA graduate forester from a Society of American Foresters' accredited forestry curriculum who has at least two years of experience in the field of forest management or timber harvesting.
PROJECTAs it relates to Article
XII, Stormwater Management and Erosion and Sediment Control, land development activity.
RECHARGEThe replenishment of underground water reserves.
RETAIL STOREA fully enclosed permanent store for the sale of retail goods and commodities of various types. This definition shall include a department store and also personal service shops such as hair care salons, nail salons and the like. However, establishments involving the sale of gasoline or other fuels, new or used motor vehicles, heavy machinery or farm equipment, trailers or modular homes, or used automotive parts shall not be included in this definition.
SCHOOL and COLLEGEThese categories consist of private, public and parochial facilities that provide a curriculum of elementary and secondary academic instruction, as well as higher education, including kindergartens; elementary, middle, junior and senior high schools; and two- year, four-year and advanced degree institutions. Nursery schools and day-care facilities licensed by the state are covered under "nursery schools" and "day care."
SELF-STORAGE CENTERA public facility for dead storage of personal, household or business property which is serviced by the owner of the stored property or an agent of the owner. The term "self-storage center" includes all similar uses and terms, but shall not be construed to mean a warehouse.
SENIOR HOUSING DEVELOPMENTDwelling units, either rental or condominium, established for primarily individuals and families age 55 and older with not more than two bedrooms per unit.
SENSITIVE AREASCold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SIGNAny letter, word, model, banner, pennant, insignia, trade flag, device, or representation used as, or which is in the nature of, an advertisement, attraction or directive.
SIGN AREAIncludes all faces of a sign measured as follows:
A. When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included;
B. When such sign consists only of letters, design, or figures engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
STABILIZATIONAs it relates to Article
XII, Stormwater Management and Erosion and Sediment Control, the use of practices that prevent exposed soil from eroding.
STOP-WORK ORDERAn order issued which requires that all construction activity on a site be stopped.
STORMWATERRainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOTA 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.
STORMWATER MANAGEMENTThe 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.
STORMWATER MANAGEMENT FACILITYOne or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICERAn 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.
STORMWATER MANAGEMENT PRACTICES (SMPs)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.
STORYA space between the surface of any floor and the surface of the next higher floor, or if no floor above it, the space between the surface of any floor and the ceiling immediately above it.
STREETA public way which affords principal means of access to abutting properties.
STRUCTUREAnything constructed or erected on or under the ground or upon or attached to another structure or buildings or any other use attached to another use or structure attached to the ground, including but not limited to stadiums, platforms, radio towers, underground utilities, sheds, storage bins, portable concrete batch plants, billboards, and display signs.
SURFACE WATERS OF THE STATE OF NEW YORKLakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean 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.
SWIMMING POOLA private swimming pool, pond or tank that is constructed, installed or maintained upon any premises by any person for his own or his family's use and for the use of his guests and invitees, and shall also mean and include a wading pool or tank, artificially constructed or installed, not designed or used for swimming with a surface area of more than 120 square feet and a water depth of more than 18 inches. This definition shall explicitly exclude farm ponds.
TIMBER HARVESTINGAn activity that fells standing trees and/or removes trees, stems, tops or branches within any twelve-month period whose volume is greater than 20 standard cords of wood or 2,560 cubic feet of wood or 10,000 board feet of timber, as measured by international 1/4 inch log rule on any one parcel or series of contiguous parcels in the same ownership.
TOURIST HOMEA dwelling in which overnight accommodations are provided or offered for transient guests for compensation, to include, but not limited to "rooming house," "lodging house," "group dwelling," and "tourist accommodation."
TRAILERAny type of portable structure, whether on wheels, skids, rollers, blocks or foundation supports which is capable of being used for living or sleeping purposes or the transportation or storage of material. The term "trailer" shall include, but is not limited to, camping trailer, utility trailer, travel trailer, office trailer, or truck trailer.
USEThe specific purpose for which land or a building is used or occupied or maintained.
UTILITIES, PUBLICStructural components of a transmission or distribution system using a physical medium such as pipe, wire, cable or conduit, for such services as electricity, gas, water or telephone. Also, the structural components of a transmission or distribution system using a nonphysical medium such as air for such services. Ham radios and private radio services or providers shall not be considered a utility for the purposes of this definition.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAYAs it relates to Article
XII, Stormwater Management and Erosion and Sediment Control, a channel that directs surface runoff to a watercourse or to the public storm drain.
YARDAn open space which lies between the principal building or groups of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted:
A. YARD, FRONTAn open space extending the full width of the lot between the principal building and the front lot line, unoccupied and unobstructed from the ground upward.
B. YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
C. YARD, SIDEAn open space extending from the front yard to the rear yard, between the principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.