Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSORY USE, BUILDING OR STRUCTUREA subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory use, building or structure" shall include, but is not limited to, a private garage, garden shed, playhouse, swimming pool, cabana, terrace or deck, private greenhouse, dock and a sports court, tennis, platform tennis, pickleball, padel, paddle, racquetball or similar game court. The term "accessory building" shall not include any building used for sleeping purposes or containing cooking or sanitary facilities. The term "accessory use" shall not include a heliport, helipad or the taking off or landing of helicopters or aircraft except in a legitimate emergency. Any dock shall be limited in use to the owner of the land on the immediately adjacent foreshore of the offshore area in which the dock is located, shall be used for no more than two boats and shall not be used or maintained as a common dock or community dock.
AGRICULTURAL ACTIVITYThe 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.
APPLICANTA property owner or agent of a property owner who has filed an application for a land development activity.
ATTICThe unfinished space between the ceiling joists of the top story and the roof rafters.
BEACHThe zone of unconsolidated earth that extends landward from mean low water line to the waterward toe of a dune or bluff, whichever is most landward. In cases where no dune or bluff exists, then the beach shall be all land lying between such body of water and the landward edge of beach grass or the upland vegetation if no beach grass is naturally occurring.
BILLBOARDA sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.
BLUFF CRESTThe highest surface point on a sloped bank prior to the transition to flat or near-flat area landward.
BUILDINGAny combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building was present. The term "building" shall include the term "structure" as well as the following:
(3) Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than four feet at the lower ground level.
(4) Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
(5) Pergolas, porches, outdoor bins and other similar structures.
BUILDING ENVELOPEThe width, depth and height dimensions within which a proposed structure is to be built on a lot in conformance with zoning regulations.
CELLARThat space of a building which is partly or completely below natural grade. A cellar shall be considered a story if any pilings, pier or other foundation causes the building to be elevated more than three feet above adjacent natural grade.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING(1) As applied to the act of clearing: the act of removing trees, brush, or other vegetation and/or ground cover from land, whether by any means, including but not limited to digging, scraping, cutting, brushhogging, bulldozing, burning, chemical removal or by any form of mechanical action. As used herein, the term "ground cover" shall include naturally occurring understory vegetation (e.g., lowbush blueberry or indigenous grasses), as well as organic detritus. The removal and/or maintenance of dangerous dead wood and nonnative invasive species shall not qualify as "clearing." A list of nonnative invasive species is available at Village Hall and on the Village's website.
(2) As applied to an area of land: all land which has been altered from its natural state by the removal of trees, brush, or vegetation and/or ground cover, including land which is lawn or from which the ground cover has been removed. As used herein, the term "natural state" shall mean and refer to the natural condition of land without substantial alteration by human activity.
CURB LEVELThe established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
DARK SKY COMPLIANTAll outdoor lighting fixtures shall be fully shielded. The bulb must be fully recessed into an opaque top so that all light is directed downward. All lighting fixtures shall be aimed downward and installed as per the manufacturer's design and installation guidelines.
DEDICATIONThe deliberate appropriation of property by its owner for general public use.
DEPARTMENTThe New York State Department of Environmental Conservation.
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.
DISTURBAny action to change, interfere with or otherwise destroy natural vegetation beyond reasonable management purposes.
DUNEA ridge or hill of loose, windblown, or artificially placed earth, the principal component of which is sand.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse or rooming house, convalescent home, hotel, motel, inn or lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
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."
FAMILY(1) Any number of persons related by blood, marriage or legal adoption, occupying a single dwelling unit, living and cooking together as a single, nonprofit housekeeping unit; or
(2) Any number of persons, not exceeding five, occupying a single dwelling unit, living and cooking together as a single, nonprofit housekeeping unit, where all are not related by blood, marriage or legal adoption; provided, however, that a group of persons unrelated by blood, marriage or legal adoption whose association or relationship is temporary or seasonal in nature rather than of a permanent and distinct domestic character shall not be considered a family, and further provided that persons occupying group quarters, such as a dormitory, a fraternity or sorority house or a seminary, shall not be considered a family.
(3) Notwithstanding the numerical limitation in subsection
(2) of this definition, a group of unrelated persons numbering more than five shall be considered a family if the Board of Appeals shall make a determination in a particular case (after application therefor, payment of a filing fee of $200, public notice and a public hearing) that a particular group is the functional equivalent of a traditional family.
(a) The Board of Appeals shall not make such a determination unless the Board of Appeals shall find that:
[1] The group is one which in theory, size, appearance and structure resembles a traditional family unit.
[2] The group is one which will live and cook together as a single, nonprofit housekeeping unit.
[3] The association or relationship of the group is of a permanent and distinct domestic character, rather than temporary or seasonal in nature.
[4] The group will consist of not more than two persons for each conventional bedroom in the dwelling.
[5] Use and occupancy of the dwelling by the group will not conflict with a stable, uncongested single-family environment and will be compatible with the character of the neighborhood in which the dwelling is located.
(b) Any such determination of the Board of Appeals shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity. In making any such determination, the Board of Appeals may impose such conditions and safeguards as the Board of Appeals shall deem necessary or advisable in order to maintain the stability and character of the neighborhood and protect the public health, safety and welfare.
FERTILIZED VEGETATIONAreas of vegetation cultivated by man which require irrigation or the application of fertilizers, pesticides, herbicides or other substances in order to grow or maintain its existences.
FLOOR AREA, LIVABLEThe projected area of a building on the ground within the exterior walls, exclusive of garages, heater rooms, unheated porches and breezeways. A split-level house with the principal floor at a different level not exceeding four feet shall be considered a one-story dwelling.
GRADINGExcavation or fill of material, including the resulting conditions thereof.
GROSS FLOOR AREAThe sum of the gross area of all floors of a structure measured to the exterior of the outside walls, including all accessory structures except as is otherwise provided in §
163-13.
HEIGHTThe vertical distance measured from the average elevation of the existing natural grade (before any fill has been or is proposed to be placed thereon), to the highest point of the highest finished roof thereon, or in the case of a structure, to the highest point.
HOLIDAY AND TEMPORARY LIGHTINGLighting which is used for a specified purpose and for a limited time and is removed thereafter. Temporary lighting is only allowed in conjunction with a mass gathering permit. Holiday lighting, such as string lighting and other illuminated articles, is permitted during any holiday period.
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/3 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign, and in no event shall there be any equipment used in connection with said occupation which is capable of emanating noise outside the structure. However, home occupations shall not be construed to include such uses as the following: a clinic or hospital, barbershop or beauty parlor, restaurant, breeding kennel or antique dealer.
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.
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."
KELVIN (K)A unit of measurement of the redness or blueness of white light. The lower the Kelvin number, the more yellow and red will be seen; the higher the Kelvin number the greater percentage of blue light wavelengths, and the bluer the light will look.
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.
LANDMARK, HISTORICA site or building that has notable historical association or artistic qualities and is so designated by the Board of Trustees, pursuant to §
163-63.1.
LANDOWNERThe 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.
LIGHTRadiant energy in the visible spectrum, artificially generated by electricity or gas flame.
LIGHT BULBThe origin of light and its housing, such as an electric filament in a glass bulb.
LIGHT FIXTUREA complete lighting unit consisting of one or more light sources together with the parts designed to distribute light, position and protect the lamp, and connect the lamp to the power supply. A light fixture may include a ballast, the mounting apparatus, and photocells or sensors, if any. Also known as a "luminaire."
LIGHT FIXTURE, FULLY SHIELDEDA light fixture with an opaque shield above the light source so that, as designed and installed, the light fixture projects all its light below the horizontal plane. Full cutoff fixtures are considered fully shielded. See Appendix L1, Figure B.
LIGHT FIXTURE, UNSHIELDED or UNSHIELDED LIGHTA light fixture which is not fully shielded and, as installed, emits at least some light above the horizontal plane. Also classified as a cutoff, semi-cutoff or non-cutoff light fixture. See Appendix L2.
LIGHT SOURCEThe light-emitting parts of a light fixture, consisting of the bulb, filament and any transparent, translucent or frosted elements (covering over the light bulb) as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light.
LIGHTINGExterior lighting produced by artificial or solar means.
LOTA parcel of land which is occupied or capable of being occupied by one residence structure and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
LOT AREAThe total area contained within and enclosed by the outer boundary lines of any lot; provided, however, that, for any purpose for which it must be calculated under the provisions of this chapter, "lot area" shall not include the following:
(1) That portion of a lot which is underwater (including tidal areas, marshes, wetlands, lakes and/or ponds) or seaward of the mean high-water line.
(2) That portion of a lot which lies in, on or under any street.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
LOT DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
LOT LINEAny boundary of a lot other than a street line.
LOT LINE, FRONTThe lot line generally along the street right-of-way bordering a lot, except that in the case of a flag-shaped lot, the front lot line shall be any one of the internal lot lines designated by the owner.
LOT LINE, REARThe lot line generally opposite to the street line. In the case of flag lots, the rear lot line shall be that internal lot line generally opposite to the front lot line.
LOT WIDTHThe mean distance between side lot lines measured at right angles to a line parallel to the average direction of the side lot lines.
LOW SLOPE ROOFAny roof of a building or structure with a pitch of seven inches for every foot of run, or less.
LUMENA measure of light energy generated by a light source. The initial lumen rating of a lamp or light source is provided by the lamp manufacturer and can often be found printed on the packaging. See Appendix C for a lumens table.
(1) Under current standards (December 2022), 450 lumens equal a forty-watt incandescent or six-watt LED (light-emitting diode) light source. Current light bulbs are designed to use less energy. Wattage is no longer a reliable way to gauge a light bulb's brightness. Lumens measure brightness.
(2) For example, a forty-watt incandescent bulb produces about 450 lumens of light. By comparison, an LED bulb produces that same 450 lumens but uses only about six watts. Lumens let you compare the brightness of any bulb, whether it's a halogen incandescent, CFL (compact fluorescent), or LED.
MAINTENANCE AGREEMENTA legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MEAN HIGH WATERThe average of all daily high-water levels recorded over a long duration used as a reference point for measuring water levels and establishing boundaries related to the shoreline. For this code, mean high water is determined by the 1988 Datum as determined by the National Oceanic and Atmospheric Administration by utilizing its Vertical Datum Transformation software tool for a shoreline property's location.
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, construction, subsurface disposal and urban runoff sources.
PADEL COURTA structure wholly outdoors, constructed on the ground, consisting of a playing area of whatever composition used to engage in the game of padel on a completely enclosed court surrounded by walls of glass and metallic mesh. The maximum court size is no larger than 33 feet by 66 feet.
PHASINGClearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PICKLEBALL COURTA structure wholly outdoors, constructed on the ground, consisting of a playing area of whatever composition used to engage in the game of pickleball. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of play balls shall also be part of a pickleball court, all of which shall not exceed overall dimensions of 30 feet by 60 feet.
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.
RECHARGEThe replenishment of underground water reserves.
REVEGETATIONThe restoration of the floral component of an ecological community where some or all of the natural vegetation has been removed. Typically, this process consists of planting indigenous species of trees, shrubs and/or grasses at a sufficient size and density to mimic an adjoining or nearby plant community in appearance and/or function. Most ecological communities are characterized by woody vegetation but some (e.g., grasslands, tidal marshes, etc.) may be characterized by herbaceous vegetation.
SCULPTURE/ARTWORKA three-dimensional construction or form, generally executed for the purposes of decoration or artistic expression.
SENSITIVE AREASCold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, or 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:
(1) 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.
(2) When such sign consists only of letters, designs or figures which are engraved, painted, 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.
SPORTS COURTA structure, or part thereof, which is designed or used for playing sports and consists of a playing surface (which for tennis or padel may include grass or artificial grass). All associated netting, fencing, backstops, decks, slabs, patios, pavilions, pergolas, open-walled roofed structures and other improvements shall be considered part of the sports court. Tennis courts, padel courts, handball courts, racquetball courts, volleyball courts, pickleball courts, basketball courts, ice rinks and other similar facilities shall be deemed included in this definition. A sports court, other than a tennis and/or padel court, shall not exceed 30 feet by 60 feet. A bocce court is not included.
STABILIZATIONThe 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.
STORYThat portion of any building, which is between the level of one floor level and the level of the next higher floor level, or, if there is no higher floor, then that part of the building comprised between the level on the highest floor and the top of the roof beams. For properties within a FEMA flood zone, the area between the adjacent natural grade and the minimum required first floor elevation shall not be considered a story.
STORY, HALFAny unfinished space partially within the roof framing, commonly referred to as an attic, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STREETA street shown on the Official Map of the Village of North Haven and improved to the satisfaction of the Planning Board.
STREET LINEThe dividing line between a lot and a street.
SURFACE WATERS OF THE STATE OF NEW YORKStony 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.
TENNIS COURTA structure wholly outdoors, constructed on the ground, consisting of a playing area of whatever composition used to engage in the game of tennis. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of tennis balls shall also be part of a tennis court, all of which shall not exceed dimensions of 60 feet by 120 feet.
TRAILERAny vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
TREE UPLIGHTINGUplighting which is used specifically to illuminate trees on a residential lot.
UPLIGHTINGLighting which is directed above the horizontal plane.
USEThe specific purpose for which land or a building is designed, arranged, 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.
UTILITY-POLE-MOUNTED LIGHTA lighting fixture which is installed on a pole owned or maintained by a public utility but which is designed or intended to illuminate private property.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.
YARD, FRONTAn open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the principal building and the front lot line of the lot and extending from side lot line to side lot line in the case of interior lots. Corner lots shall have two such front yards situated between said nearest roofed portion of the principal building and the front lot line along each street.
YARD, REARA space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot and extending from side lot line to side lot line.
YARD, SIDEA space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the side lot line of the lot and extending from the front yard, or from the front lot line where no front yard exists, to the rear yard, or the rear lot line where no rear yard exists.