A dwelling unit subordinate to the principal dwelling unit within the same dwelling or elsewhere on the residential premises in an accessory structure. May also be referred to as "accessory residential unit."

See "accessory apartment."

A structure, the location and use of which are customarily incidental and subordinate to that of the principal building and which is either attached thereto or located elsewhere on the same lot or premises. Except in the case of permitted accessory apartments, guest houses, caretaker cottages and permitted dwellings accessory to business, institutional or farm uses, an accessory structure is not for the purpose of human habitation, either temporary or for a longer time period, with the term including such buildings and other structures as garages, tennis courts, swimming pools, garden or tool sheds, barns and private stables, studios, greenhouses and playhouses, gazebos and pergolas, and such elements as satellite dish antennas, windmills and other components of wind energy systems and solar collectors. The term "accessory structure" shall also apply to any bona fide art sculpture greater than 40 square feet in footprint or 15 feet in height which may be placed on a residential, institutional or commercial premises at a location visible from a public or private roadway or a neighboring residential property.

A use, occupancy or tenancy customarily incidental and subordinate to the principal use, occupancy or tenancy, and located on the same lot or premises with such principal use.

A person who is unable to live independently and is housed within an alternate care facility designed and approved to meet the resident's specific needs. May also be referred to as "ACF client" or "ACH resident."

Land area of 43,560 square feet.

Contemporary use of a building or structure for use other than for which it was originally designed, intended and occupied, e.g., adaptation of a former barn or carriage house as a residential dwelling.

An extension or increase in floor area or height of a building.

Any use, however otherwise identified by this chapter, falling within the purview of Chapter 84, Adult Uses, of the Code of the Town of Union Vale and subject to both the adult use license requirements set forth therein and the standards, requirements and procedures set forth within this chapter.

Article 25-AA of the Agriculture and Markets Law of the State of New York.

The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry practices; livestock, including beef cattle, swine, horses, ponies, mules or goats; or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fish; fur-bearing animals; trees and forest products; fruits of all kinds, including apples, grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. For purposes of this chapter, the term "agriculture" does not include the operation of a riding academy, livery or boarding stable and dog kennel or cattery.

A runway and associated aprons and taxiways, communications systems and other navigational aids, fire and other protective services and refueling and emergency repair facilities developed and maintained in accordance with Federal Aviation Administration (FAA) design standards to accommodate the takeoff and landing of general aviation aircraft.

Land area outside the Airport (A) District lying below and within 1,000 feet of the center line of one or more of the principal arrival and departure flight tracks for Sky Acres Airport Runways 17 and 35 as recognized by the Federal Aviation Administration (FAA), the development of which land may be subject to certain special notification and/or disclosure requirements pursuant to Article V, § 210-47, of this chapter.

A planned single-family residential subdivision of not less than five lots incorporating both taxi-way-type connection to Sky Acres Airport and opportunity for development of either a community hangar or individual hangars as accessory uses on the residential lots, provided that no individual hangar shall be designed so as to be able to accommodate more than two aircraft and from which hangar, whether a community hangar or an individual hangar, no business may be conducted or other use occur exceeding the limitations therefor otherwise established by this chapter for a home occupation, authorized by special use permit pursuant to Article VI, § 210-54A, of this chapter.

Any change, rearrangement or addition to a building, other than normal repairs; provided, however, that the term "normal repairs" shall not be construed to involve a change in design, material, color or outward appearance of any structure governed by the provisions of Article V, §§ 210-46, 210-48 or 210-49, of this chapter; any modification in construction or in building equipment or the moving of a building or structure from one location to another.

An establishment with facilities for the medical diagnosis and treatment of sick or injured animals including facilities for temporary occupation of such animals to the extent as essential to such diagnosis and treatment.

The keeping, grazing, feeding and care of animals other than household pets. The term "animal husbandry" shall not however be construed to include the activities of fur farms, pig farms, or cage-type poultry houses.

A dwelling unit contained within a two-family or multifamily dwelling.

A geologic unit of stratified drift capable of yielding usable amounts of water, comprised for purposes of this chapter of both the aquifer and its secondary protection area as delineated by the Dutchess County Water and Waste Water Agency.

The combination of controls that establish the minimum area of a lot, the minimum extent of yards and open space areas and the maximum dimension of buildings and other improvements and their location on such lot. May also be referred to as "bulk regulations."

Any area of land, including structures thereon, that is used for the painting of motor vehicles; the rebuilding or reconditioning of motor vehicles; including collision services involving frame and fender straightening and repair; or the dismantling or disassembly or frames or exterior parts.

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and other lubricating substances including the sale of motor vehicle accessories and which may or may not include facilities for lubricating and other minor servicing of motor vehicles. For purposes of this chapter, any facility used for the painting of motor vehicles, reconditioning or collision services involving frame and fender straightening or repair, or any dismantling or disassembly of frame or exterior parts is not an automobile service facility.[1]

A subdivision carried out in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, including as set forth within Article IV, § 210-20, of this chapter to include a certain number of lots of less than the minimum lot area required in the applicable zoning district under the District Schedule of Area and Bulk Regulations yet deemed to be conforming lots in that the mean or average density of all lots within the subdivision meets or exceeds the minimum lot area required in the zoning district, and authorized by special use permit pursuant to Article VI, § 210-54B of this chapter.

An establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises, not to include a nightclub.

Space within a building partly below grade, which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

A private owner-occupied dwelling in which at least one but not more than five rooms are offered for rent for transient occupancy, in which overnight lodging and breakfast are offered to such guests and in which no public restaurant is maintained.

Incorporation of both labor and materials within the footings or foundation of a building or group of buildings subsequent to the issuance of a building permit in full conformance with this chapter.

See "sign, advertising."

A private dwelling in which at least three but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.

A structure designed for the feeding, housing and exercising of horses that are not owned by the owner of the premises or a resident tenant thereof and/or maintained for remuneration, hire or sale, not to include the boarding of three or fewer horses on a farm parcel of not less than 10 acres within the RA3, RA5 or RD10 District.

See "Zoning Board of Appeals."

An original object of an established art form possessing positive aesthetic qualities and created by the artist upon application of his or her skills and with the intent of both expressing human emotion or exhibiting an individual point of view and producing a work of art; the term "bona fide work of art" not to be construed to include any object produced for prior, present or future utilitarian purpose.

A strip of land established and suitably maintained with fencing, earthen berms and natural vegetation to visually separate one use from another or to shield or block light, noise or other nuisances. The term "buffer" or "screen" also applies, when used throughout this chapter, to the act of establishing and maintaining a buffer as defined herein.

The land area remaining on the lot once the minimum yard and open space requirements have been met.

A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, property or business activity. See "structure."

See "accessory structure."

See "floor area, gross."

Percentage of the land area of a lot covered by the composite building area on or extended to the ground plane of all principal and accessory structures located thereon. Such coverage excludes uncovered porches, terraces and steps, except where utilized for display, seating or other commercial purposes.

A building unattached to any other building surrounded by open space on the same lot.

A group of two or more principal buildings and any buildings accessory thereto, occupying a lot in one ownership and having any yard or other improvements in common.

See "Building Official."

The line, established by this chapter or other more restrictive law, ordinance or regulation, beyond which no part of a building, other than exceptions expressly stated in Article IV, § 210-16, of this chapter, may extend.

A line generally parallel to the street, road or highway beyond which the front of a building may not project into the required front yard as specified for the district in which the lot is situated.

An establishment operated for storage, display and sale of building products. May also be cited as "lumberyard."

The Town employee appointed by the Town Board and charged with the responsibility of administering and enforcing the New York State Uniform Fire Prevention and Building Code, which employee shall be qualified by education, training and experience and certified as a building official by the New York State Department of State, Division of Code Enforcement and Administration. The Building Official may also serve as the Code Enforcement Officer and may also be referred to as the "Building Inspector."

Official authorization issued by the Deputy Code Enforcement Official to begin construction in accordance with approved plans and in strict compliance with all applicable requirements of this chapter, the New York State Uniform Fire Prevention and Building Code, and related laws, rules and regulations.

A building in which is conducted the main or principal use of the lot on which said building is located. In any residence district, any dwelling shall be deemed to be the principal building on the lot on which it is located.

A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.

A building intended for short-term occupancy in connection with the construction of a permitted structure or development of land for purposes of accommodating a permitted use, such occupancy not to include use as a dwelling unit. Such temporary building shall be removed from the premises prior to the issuance of a certificate of occupancy for the permitted structure and/or use.

See "area and bulk regulations."

A building no larger than 2,500 square feet or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations. A business office shall not include an office used for transient "rent-an-office" space. See also "professional office."

An establishment no larger than 2,500 square feet primarily engaged in rendering services on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, office equipment rental and leasing, commercial research, development and testing, photo finishing and personnel services. May also be referred to as "service business."

A period of time measured by the passage of any 12 consecutive months.

A parcel of land, often referred to as the "campground," on which are located two or more cabins, tents, shelters, or other accommodations of a design or character suitable for seasonal or other more temporary living purposes, including summer colony, but not including a trailer or recreational vehicle park, boardinghouse, hotel, motel or other lodging establishment.

An accessory dwelling located on an estate or other large acreage premises maintained for the purpose of housing a resident caretaker.

A roofed structure, with or without enclosing walls and without a door, used for the storage of one or more automobiles.

A building, the use of which is devoted to the washing of automobile and similar motor vehicles.

A facility providing a gathering place for the conduct of scheduled events such as parties, weddings, banquets, business meetings and similar events and food and beverages for invited guests, not to include a bar, tavern or restaurant open to the public though sometimes operated in tandem therewith. May also be referred to as "banquet hall."

That space of a building partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including mausoleums and mortuaries when operated within the boundary of such lands and in accordance with requirements found within § 210-56 of this chapter.

An imaginary line on the precise center of the legal right-of-way, whether by fee or user roadway status, of a street, highway, roadway, driveway or similar feature.

For purposes of this chapter, a water supply system serving five or more dwelling units and approved by the Town of Union Vale, the Dutchess County Health Department and the New York State Health Department for either private or public operation. The water supply system shall be both designed and installed in strict accordance with no less than the minimum technical engineering criteria and owned and operated under legal arrangements acceptable to both said Departments and the Town of Union Vale. The water supply system shall further be the subject, where deemed appropriate by the Town, of an irrevocable offer of dedication to the Town, or a special district created and administered by the Town, for a nominal sum. Also referred to as "central water supply."

Determination made by the Planning Board that either the intended improvements, alterations or modifications of a designated historic or architectural resource are compatible with, and will not adversely affect, the property and its environs or the intended demolition and removal of such a designated historic or architectural resource, including structures within the Hamlet (H) District, is unavoidable due to the lack of a reasonable alternative to such demolition.

Official certification issued by the Code Enforcement Officer, after consultation as may be pertinent with the Deputy Code Enforcement Official, that a premise conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code and other applicable regulations and may be legally used and occupied. Also referred to as "C.O."

Determination by the Planning Board that the intended improvements involving either buildings, other structures or land within a designated scenic corridor are compatible with, and will not adversely affect, scenic character.

The change of use or occupancy of land, or buildings, structures, or other improvements on land, from either residential, commercial or industrial to one of the other uses, or a change in the nature, substance or intensity of the same use. Chapter 3 (Use and Occupancy Classification) of the Building Code of New York State shall be used to define uses that are not specifically defined in this local law. Change of occupancy or change of ownership shall not be construed as a change of use.

Care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian, or relative of the parents or stepparents of such child. Child day care shall not refer to care provided in any of the following:

Any program or facility caring for children more than three hours per day per child in which child day care is provided except those programs operating at a small scale within a residential environment as a family day care home, a group family day care home or a school-age childcare program.

See "place of religious worship."

The removal of more than 50% of the trees over six inches in diameter measured at 4 1/2 feet above ground in a period of 10 years or less. The percentage shall be calculated relative to the cleared area and not relative to the entire lot, parcel or combination of parcels.

A facility designed for the practice of dentistry or medicine at which nonresident patients are treated.

See "membership club."

A residential development carried out in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale and authorized under § 278 of the Town Law and Article V, § 210-32, of this chapter with dwellings grouped or clustered through a density transfer within the particular development, rather than spread evenly throughout the parcel as in conventional lot-by-lot development, thus maintaining substantial common open space. See also "conservation subdivision."

The person, who may also serve as the Building Official, qualified on the basis of education, training and experience, appointed by the Town Board and charged with the responsibility of administering and enforcing this chapter, Chapter 192, Subdivision of Land, and related regulations pertaining to the use and development of land and the use of structures within the Town of Union Vale. The Code Enforcement Officer may also be referred to as the "Zoning Enforcement Officer" or the "Zoning Administrator."

A retail establishment selling breads, pies, cakes, cookies and other bake goods and which establishment may provide a maximum of 12 seats at tables or a counter for the on-premises consumption of bake goods and related coffee, tea, milk or fruit juices. May also be referred to as "tea room."

An establishment engaged in providing entertainment or recreation for a fee or admission charge, including dance halls, bowling alleys, billiard and pool halls, amusement and video arcades, miniature golf courses, batting cages, membership sports and recreation clubs, game parlors, and health clubs. For purposes of this chapter, the term "commercial amusement, entertainment and/or recreation facility" shall specifically exclude the following:

For purposes of this chapter, the following zoning districts, as established in Article II, § 210-5, herein shall be considered commercial districts: Neighborhood Commercial (NC) District, Town Center (TC) District and Airport (A) District.

Removal from a premises of natural materials, e.g., minerals, sand, gravel, clay, stone or rock, shale, loam, humus, fill, topsoil or similar material, which activity may be classified as "soil mining" in accordance with the definition set forth within this article.

An agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross sales annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production.

The harvesting of saw-timber, generally trees 12 inches and larger in diameter at breast height, whether intended for milling as lumber, consumption as firewood or for any other purpose, within an area of five or more acres, on a single parcel or within contiguous parcels, with the intent of removing the saw-timber from the property. For purposes of this chapter, the term "commercial logging" shall not include the harvesting of Christmas trees, the clearing of land by franchise utilities for rights-of-way, reasonable site clearing preparatory to construction of a building for which a building permit has been issued, the clearing and maintenance of land for agricultural purposes, and the harvesting of trees and firewood for the personal use of the property owner not to exceed 20 cords per year; may also be known as "timber harvesting."

An establishment separate from a farm where herbaceous plants and related lawn care, landscaping and gardening products are sold to retail customers.

Any vehicle in excess of 20 feet in length carrying a valid New York State registration license plate, which is used for the transportation of persons, animals or goods, primarily for profit, or carries a permanently affixed business identification sign exceeding one square foot in area; or any vehicle used for earthmoving or construction purposes.

A vehicular way providing access from a public roadway to two or more lots, parcels or uses.

For the purposes of this chapter, a sewage disposal system serving five or more dwelling units and approved by the Town of Union Vale, the Dutchess County Health Department and the New York State Department of Environmental Conservation for either private or public operation. The sanitary sewage system shall be both designed and installed in strict accordance with no less than the minimum technical engineering criteria and owned and operated under legal arrangements acceptable to both said Departments and the Town of Union Vale. The sanitary sewage system shall further be the subject, where deemed appropriate by the Town, of an irrevocable offer of dedication to the Town, or a special district created and administered by the Town, for a nominal sum. See also "common sewage system."

A structure used primarily for transmitting and/or receiving radio, television, microwave, cellular telephone, or similar electromagnetic signals. As set forth in § 210-51C herein, for purposes of this chapter neither receive-only antennas or satellite dishes for residential use nor any other building-mounted or other structure-supported antennas less than 15 feet in height, no part of which exceeds 12 feet in diameter, shall be considered a communication tower.

Those areas intended for the beneficial use or enjoyment by all residents of a development, including driveways, roadways, parking areas, walkways, landscaped areas, open space and recreation areas.

A building used for neighborhood meetings and recreation whether a fee is charged or not, but excluding buildings belonging to a church or other place of worship.

A facility for mentally disabled persons, as defined by the Mental Hygiene Law and as regulated by the provisions of The Codes of New York State. Such facilities shall include all supervised living facilities serving up to 14 long-term residents and those supportive living facilities serving four to 14 long-term residents.

An area of land, accessory structures and processes, both natural and mechanical, for the accelerated decomposition of site-generated organic waste on a farm premises to which the composting facility is accessory into a humus-like substance through use of naturally-occurring microorganisms. No more than 25% of the total product of an accessory composting facility shall be created for purposes of resale or profit.

The on-site processing, mixing, handling or marketing of organic matter that is grown or produced by a farm operation to rid the farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm-generated organic matter that is transported to such farm operation and is necessary to facilitate the composting of such farm operation's agricultural waste. This shall also include on-farm processing, mixing or handling of off-farm-generated organic matter for use in the farm operation. Such organic matter shall include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste, vegetation, wood biomass or by-products of agricultural products that have been processed on such farm operation. The resulting products shall be converted into compost, mulch or other organic biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials. Such compost shall be processed by the aerobic, thermophilic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material.

See "Master Plan." A document that details an underlying purpose to control land uses for the benefit of the whole community based upon consideration of the community's problems and applying a general policy to obtain a uniform result and adopted pursuant to NYS Town Law 272-a.

Individual ownership of a dwelling unit or other occupancy, typically within a multifamily dwelling or multi-tenant building, but not including individual ownership of all or some portion of the land underlying such dwelling or building.

A facility used for business, professional or institutional conferences and seminars, often with campus-type accommodations for sleeping, eating and recreation.

A type of housing for senior citizens that provides communal dining and social facilities and other services for its residents, while at the same time permitting the senior citizen to maintain his or her own individual housing unit. May also be referred when limited in scale as "enriched housing for the elderly."

The Conservation Advisory Council of the Town of Union Vale as established pursuant to the Environmental Conservation Law of the State of New York.

Vegetation and terrain left undeveloped and essentially unaltered in its natural state.[2]

An easement, covenant restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of §§ 49-0301 through 49-0311 of the Environmental Conservation law, which limits or restricts the development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property.

A residential subdivision where the number of dwelling units that would be yielded by a conventional subdivision plan are allowed to be placed on the parcel to be subdivided in a flexible manner, where lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed and where a minimum of 50% of the remaining land is left in its natural open space condition in perpetuity. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.

The degradation of water, air or other natural resources as a result of human activities to the extent that their quality and/or usefulness are impaired.

Any space, whether inside or outside a building, used for the storage or keeping of construction supplies, materials, equipment, machinery or vehicles or parts thereof which are in operable condition and active use by a construction contractor.

A one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and household supplies to customers who purchase only a relatively few items. Such establishment may include the retail sale of gasoline, oil and other automotive fluids, although no repairs or servicing of vehicles are permitted and the number of fuel dispensing nozzles is restricted to a maximum of 12. The term "convenience store" does not include a gas station.

A subdivision carried out pursuant to Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale established as either a permitted use or special permit use under the District Schedule of Use Regulations found at Article III, § 210-10, of this chapter whereby individual lots satisfying the requirements of said Chapter 192, Subdivision of Land, and meeting the minimum requirements set forth for the zoning district within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter are authorized, with such authorization subject in certain districts to the issuance of a special use permit pursuant to Article VI, § 210-54C, of this chapter.

A change in use or occupancy of a building, generally by alteration or other reorganization as to increase the number of families or dwelling units within a structure.

See "inn."

See either "building coverage" or "lot coverage," as pertinent.

A facility for the burning of either human or animal remains.

Include, but not limited to, the following:

Nonovernight camp providing recreation, arts and crafts and other activities for preschool and school age participants, limited to summer and other school vacation periods.

See "child day care center."

A retail establishment selling meats, salads, other foods and condiments in a prepared state and which establishment may include a maximum of 12 seats at tables and/or a counter for the on-premises consumption of sandwiches or other foods and related coffee, tea, milk, fruit juices and other nonalcoholic beverages. A delicatessen can also sell other convenience items, food or groceries.

The ratio of land area per family or dwelling unit on a lot, "gross density" referring to the ratio of dwelling units to the land area of the total lot and "net density" referring to the ratio of dwelling units to the land area of the developed portion of a lot supporting a large-scale development, such as a conservation or residential cluster development.

An increase in the number of residential units permitted on a parcel and provided as an incentive for the construction of specific amenities desired by the Town of Union Vale.

See "lot depth."[3]

Criteria stated within Article VII, § 210-64 of this chapter, setting forth community preferences in siting and design of buildings including consideration of their massing and scale, the configuration of vehicle access, parking and service areas, the design of other site improvements including lighting, signage and pedestrian ways, related conservation or incorporation of landscaped and other natural buffer areas, and the selection of materials, colors and textures for both buildings and improvements. This also includes Attachment 3, Design Standards for TC District.[4] May also be referred to as "site plan design criteria."

Any activity other than normal agricultural, conservation or forestry management activity which materially affects the existing condition of unimproved, improved land or the improvements thereon, including but not limited to any of the following:

A schedule of the proposed use of buildings and lands by square footage, number of bedrooms, intended occupancy, parking requirements, project phasing and similar measures.

For purposes of this chapter, a type of restaurant authorized in either the Neighborhood Commercial (NC) District or the Town Center (TC) District.

Any parabolic dish, antenna or other mechanical device or equipment of whatever kind or nature, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites or transmission towers, either freestanding or attached to the roof, a chimney or any other part of a building.

An area or section of the Town established under Article II, § 210-5, of this chapter, and depicted on the Zoning District Map set forth pursuant to Article II, § 210-6 thereof, and within which uniform requirements regulate the use of land and structures and the height, bulk, density and setback of structures.

A premises constructed to cater to the motoring public, whether or not additionally serving pedestrians as well as the vehicular trade, and used for the sale to the public of any product and providing curb, window, counter or other takeout service. Other deposit and pickup services not involving the sale of products shall not be construed to be drive-in establishments as defined herein.

Land situated on a lot used or intended to be used as a private access route directly serving a parking area or serving parking spaces not directly serving more than two dwelling units and not providing a route for through traffic.

Official authorization issued by the Code Enforcement Officer to begin construction of a vehicular accessway and related improvements, including stormwater management facilities, in accordance with approved plans and in strict compliance with all applicable requirements set forth within Town Code Chapter 111, Driveways, and all related requirements of the agency of jurisdiction for the roadway intersected by the driveway (New York State Department of Transportation, Dutchess County Department of Public Works or Town of Union Vale Highway Superintendent in the case of a public roadway, or, in the case of a private roadway, a homeowners' association or similar entity).

See "landfill."

A building designed or used principally as the living quarters for one or two families. For purposes of this chapter, a mobile home, travel trailer, or camping trailer shall not be deemed to be a dwelling.

A self-contained dwelling unit, having its own exterior or interior entrance and which is subordinate to the principal dwelling unit, shares no kitchen, bath, living or sleeping facilities with the principal dwelling unit, and is located on the same lot. See "accessory apartment."

A detached, semidetached or attached building or portion thereof, containing at least three but no more than 12 dwelling units. Also referred to as "dwelling, multifamily."

A detached building containing one dwelling unit only.

A detached or semidetached building containing two dwelling units only.

A 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. For purposes of this chapter, a boardinghouse, dormitory, hotel, motel, inn, nursing home, or other similar building shall not be deemed to constitute a dwelling unit.

A dwelling unit that is freestanding and not attached to any other dwelling unit. See "dwelling, single-family."

A dwelling unit having common walls with one or more other dwelling units.

A dwelling unit having a common wall, floor or ceiling with one other dwelling unit.

Any private school, public school or other organization or institution conducting a regularly scheduled comprehensive curriculum of academic and/or alternative vocational instruction similar to that furnished by kindergartens, primary or secondary schools or institutions of higher learning and operating under the Education Law of the State of New York.

A residential development owned by a public agency or private nonprofit sponsor in which rental units are exclusively provided for elderly persons, aged 62 and older, and other members of the households which they head, in accordance with the eligibility requirements stated in § 202 of the Housing and Community Development Act of 1974, as amended.

A residence offering alternative living arrangements (i.e., small congregate living arrangements where comprehensive supportive services are shared) for frail, older adults who do not want or need institutional care but are no longer able to carry out the activities of living without assistance.

The Environmental Conservation Law of the State of New York, Chapter 43-B of the Consolidated Laws.

Chapter 122 of the Code of the Town of Union Vale.

A building or related group of buildings for the purposes of the conduct of business located on a single parcel or lot and including one or more uses.[5]

As employed herein, a legally existing lot at the time of adoption of this chapter the plat and/or deed of which is duly filed and/or recorded, as applicable, in the Dutchess County Clerk's office as either an individual parcel of land or as part of a subdivision approved by the Town of Union Vale in accordance with Chapter 192, Subdivision of Land, and applicable provisions of Town Law. May also be referred to as "lot of record."

A lot or part thereof used for the purpose of extracting and/or removing sand, gravel, clay, stone or rock, shale, humus, topsoil, or other earthen material from the parcel, whether or not the material is intended for sale, exclusive of work undertaken both on a timely basis in grading a lot or other parcel preparatory to the construction of a building for which a building permit has been issued or installing roadways or other improvements described on a subdivision plat or site plan approved by the Planning Board and in accordance with the limitations set forth within Article V, § 210-28, of this chapter.

The face or front of a building as viewed the public roadway and/or feeder road.

See "modular or manufactured home."

An occasional or periodic competitive exhibition of farm products, livestock, crafts or similar items, usually accompanied by amusement features and entertainment, and for which an admission fee is charged.

A family consists of either one person, two or more persons related by blood, marriage or adoption, or not more than five persons not necessarily related by blood, marriage or adoption, and in addition any domestic servants or gratuitous guests, who live together in a single dwelling unit and maintain a common household.

A program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. A family day care provider may, however, be authorized by the NYS Department of Social Services to care for one or two additional children at any one time provided no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, on school holidays, or during those periods of the year school is not in session.

A limited business use conducted by the farm operator, which is clearly incidental and secondary to the use of the farm premises for agricultural purposes and does not alter the character thereof, with the objective of expanding the income of the farm throughout all seasons by the employ of equipment and skills customary to the agricultural enterprise and which use shall be fully consistent with the use limitations set forth in § 210-42C of this chapter.

Land, consisting of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other, and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation, timber processing, compost, mulch or other bio-mass crops, and the production, management and harvesting of farm woodland, each as defined within § 301(11) of the NYS Agriculture and Markets Law and incorporated herein.

A parcel supporting a commercial farm operation and meeting one of the following criteria:

Plants and animals useful to human beings, including but not limited to forage and sod crops; grains and seed crops; dairy animals and dairy products; livestock and horses, including breeding and grazing; bees and apiary products; fruits, vegetables, seeds and grasses of all kinds; trees, flowers, ornamentals and other greenhouse products; fish; or any other products which primarily incorporate the use of food, feed, fiber or fur produced on the farm.

Land used for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood. Farm woodland does not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products.

An establishment whose principal business is the sale in disposable packaging of already prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. Neither a coffee shop nor delicatessen with 12 or fewer seats shall be construed to be a fast-food restaurant.

An internal service, or collector, roadway serving as common access to a number of businesses and related establishments from a public roadway.

An unroofed enclosing structure erected for the purpose of preventing passage or view or delineating property or lot lines.

A subdivision plat filed in the Dutchess County Clerk's office and bearing the stamp of the Town of Union Vale Planning Board and Dutchess County Health Department, as required pursuant to the Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale and the Public Health Law.

Materials deposited in an area to change the ground elevation.

See "lot, flag."

For purposes of this chapter, an establishment or premises, whether indoor or outdoor, for the periodic sale of antiques, crafts, collectibles and other small personal and household items, within which booths, or other spaces, are typically rented to vendors and for which an admission may be charged.

A map prepared by the Federal Emergency Management Agency delineating the boundaries of the special flood hazard area within the Town of Union Vale. The Flood Insurance Rate Map (FIRM) replaces the FHBM in those instances where the former has been issued.

A map prepared by the Federal Emergency Management Agency delineating both the special flood hazard areas and the premium risk zones within the Town of Union Vale.

A report prepared by the Federal Emergency Management Agency showing flood profiles, water surface elevations of the base flood and including a Flood Boundary/Floodway Map (FBFM) depicting any regulatory floodway, as may be applicable, within the Town of Union Vale.

The highest level of flood that, on the average, is likely to occur once every 100 years, i.e., has a 1% chance of occurring each year.

Maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded in any given year). The floodplain area with special flood hazards includes the area shown on the FHBM as Zone A and on the FIRM as Zone A, AO, AH, A1 to A30, A99, V and V1 to V30.

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control structures, and land use and development control measures.

A land area adjoining a river, stream, lake, pond, or other watercourse or water body which is likely to be flooded.

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

Height above sea level deemed to be equal to the one-hundred-year flood elevation plus an additional two feet.

The channel of a stream or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without cumulatively increasing the water surface elevation

Any structure or building whose primary design and function is for the production and raising of flowers and other horticultural products for sale.

The raising, harvesting and sales of forest products.

See "lot frontage."

A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

A building or portion thereof designed to accommodate the production, display and/or retail sale of various forms of art and crafts such as paintings, photographs, sculpture, furniture, stained glass, etc.

An enclosed space, whether an accessory building or part of a principal building, for the storage of one or more vehicles, provided that no business occupation or service, other than a Class 2 home occupation authorized by special use permit, is conducted for profit therein nor any space therein for more than one vehicle leased to a nonresident of the premises.

Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, servicing or equipping of automobiles or other motor vehicles.

Any temporary sale of merchandise sold from a residence; also typically referred to as "yard sale" or "barn sale."

A roof-like accessory structure supported by posts sheltering gasoline service islands from natural elements and accommodating suitable lighting and fire suppression equipment in its design. For purposes of this chapter, such gas island canopy may not cover an attendant's booth unless the canopy is in conformance with all setback and related standards established by this chapter for a principal structure in the particular zoning district.

Any are of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof or the use of mechanical car washing equipment. The term "gasoline station" does not include a quick-stop retail store or convenience store.

See "trade shop."

Those activities and practices including but not limited to business and administrative activities related to the operation of a farm; operation of farm equipment; production, preservation, processing and marketing of farm products; proper use of legal agricultural chemicals and other crop protection methods; and construction, maintenance, repair and use of farm structures, including such buildings used to store farm equipment and to store and/or process farm products; and such other improvements that are necessary to the operation of the farm. Said practices are those that either have been or would be determined "sound agricultural practices" by the New York State Commissioner of Agriculture and Markets upon application of the guidelines recommended for the Commissioner's use by the NYS Advisory Council on Agriculture, including but not limited to (1) "the practice should be legal," (2) "the practice" should not cause bodily harm or property damage off the farm," (3) "the practice should achieve the results intended in a reasonable and supportable way," and (4) "the practice should be necessary."

The General Municipal Law of the State of New York, Chapter 24 of the Consolidated Laws.

A building or portion thereof used for the display and retail sale of gifts, keepsakes and antiques, as distinguished from the retail sale of food, clothing, hardware and other items more commonly associated with and/or essential to the maintenance of home, person or property.

A facility developed in accordance with the standards of the United States Golf Association (USGA) to accommodate playing of the game of golf over either nine or 18 regulation, executive or par-3 holes, though a greater number of holes may be provided. The golf course may include a driving range, putting greens, a clubhouse and other appurtenances integral to the overall facility. A private golf course may be referred to as a "country club."

The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of change in contour, intersects the walls and supports of a structure.

A building, portion thereof or other structure constructed mainly of translucent material and used as a conservatory for the growing and protection of flowers, vegetables and other plants and for the propagation and culture thereof.

The horizontal area of the floor of any structure measured to the exterior of the outside walls of such building, level with the ground or raised by a foundation, but not to include attached or built-in garages, porches or terraces, basements, cellars or unfinished floor area having a clear headroom of less than seven feet. May also be referred to as "first floor."

Water in the subsurface zone beneath the water table in which all pore spaces are saturated.

A program caring for children more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, or up to 12 children where all such children are over two years of age. Subject to authorization from the NYS Department of Social Services, a group family day care provider may provide child day care services to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school, on school holidays, or during those periods of the year school is not is session.

An accessory building on the same lot as a principal residential dwelling or on an adjacent lot within the same ownership used for temporary occupancy without compensation by either short-term guests of the owners or tenants of the principal dwelling, provided that such building shall contain no kitchen facilities and shall meet all applicable setback and lot coverage requirements of this chapter and those requirements related to the provision of suitable water supply and sewage disposal facilities.

Space which may be occupied by one or more persons for living, sleeping, eating or cooking purposes, excluding storage spaces and enclosures for equipment installations, and as may be more specifically defined in the New York State Uniform Fire Prevention and Building Code.

Material that may pose a present or potential threat to human health or the environment when improperly stored, transported, disposed of or otherwise managed, including without exception hazardous waste as identified and listed in accordance with Section 3001 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and related implementing regulations.

The vertical distance measured from the average elevation of the finished grade along the side of the building having the lowest finished grade to the highest point on the coping of a flat roof, to the deck line of mansard roofs or to the average height between eaves and ridge for gable, hip and gambrel roofs, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections except where such features occupy an aggregate area of more than 80 square feet or 10% of the roof area of the building, whichever shall be less.

For purposes of this chapter, any cultural resource, including buildings and other structures, lands and archaeological sites, so designated by the Town Board of the Town of Union Vale or other governmental authority, including but not limited to the New York State Office for Parks, Recreation and Historic Preservation.

An organization of residential property owners, duly constituted, residing within a particular development, whose major purpose is to own, preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents of the development.

An institution providing health service, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. The term "hospital" shall not include "alternate care facility."

A type of multiple dwelling under the New York State Uniform Fire Prevention and Building Code or any part thereof which contains living and sleeping accommodations for transient occupancy for 15 or more guests and has a common exterior entrance or entrances and which may contain one or more dining rooms.

A domesticated animal, such as a cat or a dog, retained for companionship rather than commercial purposes.

A group of persons organized to pursue the sport of hunting and/or fishing with certain membership qualifications, payment of dues or fees, regular meetings and a constitution or bylaws and the lands upon which their activities are conducted, including the maintenance of lodging and dining facilities for members and guests and the keeping of dogs as an incidental accessory use in a number that would otherwise be construed to be a kennel.

Authorized construction and use involving the entirety of a lot of record as defined herein and, thus, for which Planning Board approval pursuant to the Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, is not required.

A building or part of a building in which habitable rooms or suites are reserved primarily for transient guests who rent the rooms or suites on a daily basis for 30 days or less. Guestrooms or suites may not include kitchens, kitchenettes, or other facilities to prepare meals. The term "inn" shall not be interpreted to include a hotel, motel, private club, rooming house, boarding house, tenement house, or apartment house. Inns may have a central dining room or restaurant

A nonprofit, not-for-profit or quasi-public use, such as a hospital or other health-related facility, school, library, church, or municipally-owned or operated buildings, structures or land used for public purposes.

An organization of building and code enforcement officers and related persons and agencies, often cited as "ICBO."

Chapter 151 of the Code of the Town of Union Vale.

An area of land, with or without buildings, used for or occupied by a deposit, collection, or storage outside a completely enclosed building of used or discarded materials such as wastepaper, rags, scrap metal, or used building materials, home furnishings, machinery or parts thereof, with or without the dismantling, processing, salvage or other use or disposition of the same.

An area of more than 200 square feet of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection or storage on a lot of two or more vehicles no longer in condition for legal use on the public highways, i.e., registered and inspected, or parts thereof for more than one month in a residential district or more than three months in any nonresidential district shall constitute a motor vehicle junkyard.

Any premises on which are kept more than three dogs, including household pets, more than six months old or any number of dogs that are kept for the primary purpose of boarding, care or breeding for which a fee is charged or paid. For the purposes of this chapter, the term "kennel" shall be construed to include the term "cattery."

A use of a building or part thereof and/or land where scientific research, development and/or experiments are conducted and which meets all applicable federal, state, county and Town requirements for the control of emissions and pollutants.

Change in contour or grade of a tract of land through either the movement of naturally occurring earthen materials or other similar materials within the boundaries of a site or either the importation and deposition of material or the removal of material for the purpose of changing the contour or grade of some portion of the tract. See related definitions of "extractive operation," "excavation, major," "excavation, minor" and "fill."

A lot or land area used primarily for the disposal or abandonment, burial, burning, or other disposition, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. For purposes of this chapter, a private compost pile shall not however be construed to be a landfill.

A type of landfill for the disposal of construction and/or demolition debris.

A type of landfill for the disposal of domestic and related wastes, including septage.[6]

A business premises equipped with individual clothes washing or dry cleaning machines for use by retail customers, exclusive of laundry facilities provided as an incidental accessory use within a multifamily residential, alternate care facility, lodging or similar establishment.

A building or part thereof used by a public or nonprofit institution for the purpose of housing books, manuscripts, exhibits or other educational materials available for reference and, as may be applicable, circulation.

A campus-type facility on which is provided a range of independent and assisted living arrangements and related support services for a senior citizen population.

A tract of land with individual sites and structures or multi-tenant sites and structures intended for occupancy by two or more manufacturing or other light industrial and transportation establishments and uses.

A use involving the manufacture of a product, not requiring heavy, noisy or otherwise objectionable machinery or transporting equipment in contravention of the general performance standards stated within Article V, § 210-24, of this chapter. Light industry or manufacturing shall include, subject to compliance with the above-cited standards, the following categories:

Any off-street space available for the loading or unloading of goods and of a dimension deemed by the Planning Board to be suitable for the intended purpose.

A single contiguous parcel of land, undivided into two or more portions by a street, having defined boundaries and considered as a unit, devoted to a specific use or occupied by a structure or group of structures that are united by a common interest, use or ownership, and including customary accessory uses, open spaces and yards, which parcel shall have frontage on a street, or on such other mean of access as may be deemed sufficient in accordance with the applicable provision of § 280-a of the Town Law to provide suitable access as a condition precedent to the issuance of a building permit.

The total land area within the property lines excluding any area devoted to external streets, e.g., in the case of a user highway.

A lot abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle of not less than 135°. The point of intersection of the street right-of-way lines is the corner.

The entire nonvegetated area of the lot, including the area covered by all structures, paved areas, driveways, walkways, patios or terraces.

The horizontal distance from the street line of a lot to the rear lot line of such lot, measured along the median between the two side property lines.

A lot with significantly less than the minimum required lot frontage otherwise required within the zoning district and generally consisting of a narrow accessway, the "flagpole," leading from the street or roadway to the buildable portion of the lot, "the flag."

That side of a lot measured along the right-of-way of any dedicated town, county or New York State highway or along a line parallel to and 24.75 feet from the center line of any user highway. For purposes of this chapter, the width of any lot shall not be less than its required frontage throughout its entire depth leading to the buildable portion of the lot, i.e., that portion of the lot with at least the minimum prescribed lot width. A corner lot shall be considered to have two such frontages.

That line dividing one premise from another or from a street or other public place.

See also "existing lot of record."

A lot, other than a corner lot, extending between two streets or other roadways.

The minimum horizontal distance between the side lot lines measured at right angles to the lot depth along the rear line of the required front yard (i.e., at the minimum front setback) as established pursuant to the District Schedule of Area and Bulk Regulations.

See "building material supply and sales."

As described in § 272-a of the Town Law, the materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identifies the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-term protection, enhancement, growth and development of the Town. Such document may be officially adopted by the Town Board in satisfaction of the requirements of the Town Law and may otherwise be referred to as the "Town Plan," the "Town Master Plan," or the "Town Comprehensive Plan."

Premises of an organization of persons who meet periodically to promote some nonprofit social, educational, athletic, service or recreational objective and who cater exclusively to members and their guests, with no vending, merchandising or commercial activities conducted except as required generally for the membership and purposes of the club. May also be referred to as a "nonprofit club."

Article 23, Title 27, of the Environmental Conservation Law of the State of New York.

See "open area, required."

An individual structure used in part for one use and in part for some other use not customarily accessory to the first use. Mixed Use Buildings are commonly a combination of commercial and residential.

A residential development that includes more than one housing type provided that all such housing types are allowed in the district.

A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in body width and 40 feet or more in body length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis, comprised of frame and wheels, and designed to be used without permanent foundation as a dwelling, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Any addition to such mobile home shall, for the purposes of this chapter, be deemed to be part of such mobile home.

Any lot, parcel or tract of land or portion thereof on which two or more mobile homes are located and occupied.

A factory-built dwelling, not including a mobile home, transported to the site in one or more components, assembled as necessary, and permanently attached to the site via footings and foundation.

A type of multiple dwelling or multiple-dwelling premises under the New York State Uniform Fire Prevention and Building Code containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge" or "roadside hotel."

See "recreational vehicle."

An indoor facility devoted to presenting movies and films on a paid admission basis that can accommodate no more than 250 seats.

An indoor facility devoted to presenting movies and films on a paid admission basis that can accommodate more than 250 seats.

The Municipal Home Rule Law of the State of New York, Chapter 36-A of the Consolidated Laws.

A nonprofit, noncommercial establishment operated as a repository for a collection of literary, natural or scientific curiosities, objects of interest or works of art, not including the regular sale or distribution of the objects collected.

A collection of eight codes based on International Conference Codes and published by the International Conference of Building Officials which are the standards adopted by the State of New York with New York Modifications to the International Conference Codes and effective July 2002. The collection of eight codes is referred to as the "New York State Uniform Fire Prevention and Building Code" and consists of the following volumes:

An eating and/or drinking establishment which includes an area in which patrons may dance and/or provides live entertainment other than by a single instrumental musician or vocalist.

An existing building or structure which contains a use permitted in the zoning district in which it is located, but which does not conform to the applicable district regulations for lot area, width or depth; front, rear or side yard; maximum height; lot coverage; parking requirements; or density after the adoption or subsequent amendment of this chapter. This condition may also be cited as "noncomplying bulk."

A legal existing use which does not conform to the applicable use regulations for the zoning district in which the use is located after the adoption or subsequent amendment of this chapter.

Any parcel that does not meet the definition of "farm parcel" as earlier set forth within this section.

For purposes of this chapter, restricted to a person, as defined herein, so designated as "nonprofit" or "not-for-profit" by virtue of charter or incorporation and certification by the Internal Revenue Service. Such person or facility may also be cited within this chapter as "noncommercial."

Any use which is dangerous, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas fumes, noise or vibration in contravention of the standards and criteria established by this chapter and other applicable laws, rules, codes and regulations; also referred to as "nuisance."

See "noxious use."

Any place used as a garden for cultivation and growing of trees, shrubs, flowers and other plants, including the replanting of plants grown at places other than the nursery.

Any premises, however designated, which operates on a regular basis to provide care or instruction for seven or more enrolled children under six years of age other than the children of the resident family. For purposes of this chapter, the term "nursery school" shall also include a kindergarten, day nursery and day-care center and family day-care facility as regulated by § 390 of the New York State Social Services Law.

Premises on which are provided lodging, meals and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include a convalescent home and a rest home.

Use of a building, structure or premises.

A structure housing two or more office, personal service or business service establishments.

A structure or part thereof used for the purpose of conducting the affairs of a business or other organization or providing professional services. The term "office or office establishment" does not include businesses that sell goods, such as a retail store.[7]

A map, established and adopted by the Town Board in accordance with § 270 of the Town Law, showing streets, highways, parks, recreational facilities, and other public improvements heretofore laid out.

The incorporation of both labor and materials within the footings and/or foundation of a building subsequent to the issuance of a building permit in full accordance with this chapter, the New York State Uniform Fire Prevention and Building Code and all other applicable laws, rules and regulations governing the construction of the building and the installation of appurtenant systems and improvements necessary for the intended occupancy.

A land development project, whether intended for residential, commercial or mixed occupancy, authorized by special use permit pursuant to Article VI, § 210-54D, of this chapter and carried out within an open development area created by the Town Board.

That area of a lot which shall, in accordance with the requirements of this chapter, be properly maintained with a combination of natural, not artificial, lawns, shrubs, trees and other plant materials and related ground covers; also known as "minimum open space."

An area so designated by the Town Board pursuant to § 280-a, Subdivision 4, of the Town Law and depicted on the Town of Union Vale Zoning District Map wherein access to individual lots may be provided via private streets or roadways and required lot frontage may be measured along such private streets or roadways.

A wholly or partially-roofed structure, including a pergola and other than a carport, extending from the outside wall of a building without window sash or other form of permanent enclosure from the elements.

Land left in a natural state for conservation, agricultural purposes, or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, architectural, historic, geologic or botanic sites. It shall also include land left in a natural state that is devoted to passive recreation such as but not limited to walking paths. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or used for playgrounds; or manicured recreational lands such as ball fields, lawns, landscaped areas; or land, used for stormwater management, or occupied by any structure except agricultural buildings. In a conservation subdivision, open space shall include both primary and secondary open space areas as such terms are defined in this chapter. Open space may be included as a portion of one or more large lots, provided the lot(s) are greater than five acres in size and are contiguous to each other, forming a larger unfragmented open space area. Alternatively, open space may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.

For purposes of a commercial composting facility or accessory composting facility as regulated by this chapter, limited to animal manure and vegetable plant waste, and shall not include human waste, household waste or septic waste.

A district described by this chapter within which, due to special circumstances and the imposition of a special overlay designation, additional regulations and requirements apply to complement those of the underlying land use district to which such designation is added, the presence of such overlay district not changing either the authorization or prohibition of certain uses on the property as set forth within the District Schedule of Use Regulations.

Owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, structure or premises. In a given situation the term "owner" may refer to more than one of the above.

Any land and/or associated structures created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes, including both passive or active recreation areas and trail systems.

For purposes of this chapter, an off-street parking area containing five or more spaces as required by this chapter.

An area of land, not less than nine feet in width by 19 feet in length, excluding driveways or access drives thereto, which is wholly out of the public right-of-way, does not encroach upon or cause vehicles to overhang any required open space or landscaped area, and is available and adequately improved for the parking of one motor vehicle.

Regulations applicable to nonresidential and nonagricultural uses for the control of dangerous or objectionable elements as set forth within Article V, § 210-24, of this chapter. May also be referred to as "general performance standards."

An indoor facility operated and maintained by a nonprofit entity and devoted to presenting cultural entertainment through live performances in music, theater and dance.

Requirement imposed by this chapter for examination by the Planning Board at a defined interval of the effectiveness of the provisions of this chapter and related laws, rules and regulations in guiding land use and development within the Town of Union Vale and report thereon to the Town Board.

Any use not classified by this chapter as a "prohibited use" as defined herein.

A specific use noted in Article III, § 210-10, District Schedule of Use Regulations, of this chapter for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.

Any individual or group of individuals, corporation, partnership, association, trustee or and any other legal entity, including state and local governments and agencies.

An establishment primarily engaged in providing services involving the specialized care of a person or a person's apparel, including but not limited to barber and beauty shops, tailor and dressmaking shops, exercise or dance studios, physical therapy and other health-related offices.

Any building or land, together with its accessory buildings and uses, where persons regularly assemble for religious worship and/or related educational, social, cultural and fund-raising activities, and which building or land is maintained and controlled by a recognized religious body organized to sustain public worship.[8]

The Town of Union Vale Planning Board. May also be referred to as "Town Planning Board."

A lot, plot or parcel of land, together with all structures, other improvements and uses thereon.

The area delineated in a conservation subdivision that is the first priority resource area to be conserved including regulated environmentally constrained areas and areas that provide connections or opportunities for connections to offsite open space. These include, but are not limited to streams, floodplains, wetlands, critical habitats, wetland and watercourse buffers, steep slopes, agricultural lands, and groundwater recharge areas.

The structure in which is conducted the main or principal use of the lot on which said structure is located. In any residential district, a dwelling shall be deemed the principal structure on the lot on which it is located.

The primary purpose for which land and/or structures are designed, arranged or intended or for which land or structure(s) may be occupied or maintained under this chapter.

Land developed by a private sponsor with facilities for passive recreation, e.g., trails and picnic areas, and/or facilities for active outdoor individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, a golf course, and ski slope or other winter recreation area, not to include any of the following:

An accessory building in which horses are kept by the owner or residential tenant of the premises, and which horses are for private use and not maintained for remuneration, hire or sale.

A building no larger than 2,500 square feet or portion thereof wherein persons perform services involving predominantly administrative, professional or clerical operations. A professional office shall not include an office used for transient "rent-an-office" space. See also "Business Office."

Any use not listed as a permitted use, special permit use or permitted accessory use in the District Schedule of Use Regulations, Article III, § 210-10, of this chapter within a zoning district shall be considered a prohibited use hereunder within such zoning district. Moreover, any use not specifically listed as a permitted use, special permit use or permitted accessory use within any zoning district in the District Schedule of Use Regulations shall be considered a prohibited use under this chapter within all zoning districts within the Town of Union Vale.

The Public Health Law of the State of New York, Chapter 45 of the Consolidated Laws.

A person, firm, corporation or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, transportation, telephone, cable television, internet or other service.

An essential appurtenant facility within an overall utility network or system, such as an electric unit substation, water or sewage pumping station or telephone relay station, not to be construed to include either a communications tower or a storage yard, garage, maintenance shop or similar establishment operated by the public or franchise utility.

A facility maintained by a municipal corporation for either indoor or outdoor recreation activities, whether or not a fee is levied for the use thereof. See "park."

A portable, temporary dwelling designed to be used for travel, recreation and vacation, either constructed as an integral part of a self-propelled vehicle or intended to be mounted thereon. May also be referred to as a "motor coach" or "pickup camper," respectively.

A premise designed for the temporary parking and occupancy of recreational vehicles and camping or travel trailers and occupancy in tents.

Costs incurred by the Town Planning Board, Zoning Board of Appeals or Town Board for engineers, planners, attorneys and other experts employed by the Town for the purpose of reviewing project-specific applications under either this chapter, Chapter 192, Subdivision of Land, Chapter 143, Grading, Filling and Erosion Control, or Chapter A215, Street Specifications.

Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.

Required by this chapter.

For purposes of this chapter, the following zoning districts, as established in Article II, § 210-5 herein, shall be deemed residential districts: Rural Development 10 (RD10) District, Residential Agricultural 5 (RA5) District, Residential Agricultural 3 (RA3) District, Residential 1.5 (R1.5) District, Residential 1 (R1) District and Hamlet (H) District.

An establishment engaged in selling or renting goods or merchandise to the general public in small quantities for personal or household consumption or business use and rendering services incidental to the sale of such goods. A gasoline station or automotive service facility shall not be considered a retail business nor shall a restaurant or other eating and/or drinking establishment of any type be so considered.

An establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment, not to include the boarding of three or fewer horses on a farm parcel of not less than 10 acres within the RA3, RA5 or RD10 District.

Chapter 124, Farming, of the Code of the Town of Union Vale.

A highway under the jurisdiction and maintenance responsibility of either the New York State Department of Transportation (NYSDOT) or the Dutchess County Department of Public Works (County DPW).

A highway either privately-owned and maintained or under the jurisdiction and maintenance responsibility of the Town of Union Vale.

A structure where products grown on the premises or elsewhere by the operator of the roadside stand may be sold and purchased.

See "dish antenna."

Chapter 183, Scenic and Rural Roads, of the Code of the Town of Union Vale.

For purposes of this chapter, any public street, road or highway so designated by either the Town Board of the Town of Union Vale pursuant to Chapter 183, Scenic and Rural Roads, or other governmental authority, including but not limited to the New York State Department of Environmental Conservation under authority of the New York State Scenic Byways Law, Article XII-c of the Highway Law.

A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school.

An educational institution operated by a public school district under the Education Law of the State of New York and jurisdiction of the Board of Regents.

The area delineated in a conservation subdivision having secondary resource value to be conserved including, but not limited to lands located with any Critical Environmental Area that may be established by the Town of Union Vale, agricultural lands, healthy woodlands holding important ecological functions such as forested core areas, wetland and watercourse buffer areas, hedgerows and other vegetation features representing the site's rural past, historic structures or sites, and visually prominent features such as knolls, or hilltops.

See "elderly or senior citizen housing."

See "business service."

The horizontal distance from the property line to any structure, roadway, parking area, accessory building, driveway or other such improvement on a lot is located, the minimum requirements for which are stated in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter or otherwise set forth within either Article IV, Article V, Supplementary Regulations, or Article VI, Special Permit Uses, of this chapter.

One or more structures intended for occupancy by three or more retail, restaurant, personal service, business service, commercial amusement or office occupancies authorized within the zoning district within which the shopping center is located, whether either situated on a single parcel or adjacent parcels or in single or multiple ownership, with common site improvements such as access, parking, loading and other facilities or amenities. Such facility shall be designed and operated in strict conformity with the additional specific requirements set forth within Article VI, § 210-56, of this chapter.

An accessory use or supplementary business in a dwelling unit allowing a short-term rental (less than 30 days) of at least one room.

A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is primarily conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. "Sign, advertising" includes but is not limited to the term "billboard."

An off-premises sign directing the way to a place of business, public service, residence or other facility or use.

A sign that is not affixed to a building and is so constructed as to be an independent unit; included are pole signs, pylon signs and masonry wall types.

The distance from the mean ground level beneath the sign to the highest point of the sign structure.

See definition of "sign, advertising."

A sign advertising a nonexistent product or establishment or a past event.

Any device on wheels or a stand designed to be easily moved, the purpose of which is to display a sign.

The entire area within a single, continuous perimeter enclosing the extreme limits of such sign, said perimeter consisting of not more than five sides or courses, and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. Only one face of a sign shall be counted in computing the area, provided that there is identical copy of both sign faces.

A sign attached directly to the wall of a building, parallel to said wall and having a visible edge or border extending not more than 12 inches from the face of such wall.

A sign intended to be visible from the exterior of a building and either affixed to the interior of a window or located within three feet thereof.

Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 calendar years, regardless of any division of land into parcels for the purpose of financing.

The map or drawing and all related information which together constitute a complete application, submitted for review by the Planning Board in accordance with the requirements and procedure specified in Article VII of this chapter.

A parcel of land, premises or real property, together with the building or buildings, structure or structures thereon, as well as the accessory use or uses, land, premises or real property, occupied, owned or employed for use by skiers, skaters, tobogganists or other outdoor sports permitted by law and customarily engaged in by persons, as spectators or participants, during the winter months or cold weather, as outdoor exercise and/or recreation.

The use of any land for the excavation, extraction or removal of more than 1,000 tons of sand, gravel, clay, stone or rock, shale, loam, humus, or topsoil within a period of 12 calendar months for sale or exchange or for use other than on the property from which the material is extracted, such use being a regulated activity under both this chapter and the New York State Mined Land Reclamation Law; may also be cited as "commercial extraction" or "extractive operation."

A use which is deemed permissible within a given zoning district or districts, but which may exhibit characteristics or create impacts incompatible with other uses provided therein. The special permit use shall, therefore, be subject to approval by the Planning Board in accordance with the requirements set forth for such use, as well as the other applicable provisions set forth in Article VI of this chapter. May also be referred to as "special use" or "special exception."

A large-scale, high-volume, recreation or spectator facility, such as a stadium, sports arenas, amusement park and track for horse, automobile or other racing activities.

See "New York State Uniform Fire Prevention and Building Code."

Any area with an average slope of more than 25% over a horizontal distance of more than 100 feet.

Land used for the keeping of goods, wares or supplies on land outside of any building or structure. Open storage shall, however, not be construed as including the activities either of a junkyard, a junkyard, motor vehicle, or a landfill as defined herein.

That part of a building included between any floor, other than a cellar, and the floor or roof next above, including basement as herein defined.

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

A public or private right-of-way which provides vehicular access to abutting properties, which, even if a private way, may not be less than 15 feet in width to constitute access under § 280-a of the Town Law; or a proposed way shown on a plat approved by appropriate jurisdictions and filed in the Dutchess County Clerk's Office. Also referred to as "roadway" or "highway."

The dividing line between a lot and a street right-of-way as indicated by dedication or deed of record.

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in roofline.

A static construction or assembly of materials, the use or occupancy of which requires a fixed location on the ground or attachment to an object having such a fixed location. The term "structure" includes, among others, buildings, stadiums, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, tennis courts, gasoline pumps, billboards, signs and mobile dwellings. The term "structure" shall not include utility poles, wire and related equipment.

See "accessory structure."

See "principal structure."

As defined in Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, the term "subdivision" shall include each of the following:

Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale. Also known as "Subdivision Regulations."

Any outdoor pool, tank, depression or excavation created for the specific purpose of swimming or bathing that causes the retaining of water to a depth greater than 18 inches and having a water surface area in excess of 100 square feet.

For the purposes of this chapter, defined as a period of not more than 30 calendar days except where otherwise explicitly specified herein as being of either shorter or longer duration.

An open porch without a permanent roof.

An indoor facility devoted to presenting movies, films and other programmed entertainment on a paid admission basis.

See "commercial logging."

The on-farm processing of timber grown on a farm operation into woodland products, including but not limited to logs, lumber, posts and firewood, through the use of a readily movable, nonpermanent saw mill, provided that such farm operation consists of at least seven acres and produces for sale crops, livestock or livestock products with an annual gross sales value of not less than $10,000 and that the value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products.

That New York State licensed professional engineer, either employee or consultant, who shall be chosen by the Town Board upon recommendation of the Planning Board to perform the duties of the designated Town Engineer for purposes of this chapter and related requirements, including but not limited to Chapter 143, Grading, Filling and Erosion Control; Chapter 192, Subdivision of Land; and Chapter A215, Street Specifications.

A residential dwelling in a structure that is divided vertically and consisting of three or four attached dwelling units, each of which has a separate entrance from an outside yard area. Each unit within a townhouse shall be considered a separate dwelling unit.

The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.

See "Master Plan."

That professional planner, either employee or consultant, who shall be a member of the American Institute of Certified Planners, who shall be chosen by the Town Board upon recommendation of the Planning Board to assist in the review of project-specific applications and to advise on the administration of this chapter and related requirements, including but not limited to Chapter 192, Subdivision of Land.

A nonretail establishment for the conduct, within enclosed structures, of general business uses, including but not limited to painting, carpentry, woodworking, printing and copying, machine printing and general repair shops.

A vehicle designed exclusively for the transport of one boat with beam width of no more than 10 feet and length of no more than 24 feet.

A folding structure, mounted on wheels and designed for limited travel recreation and vacation use only.

See definition of "mobile home."

A vehicular, portable structure built on a chassis, designed as a temporary one-family dwelling for travel, recreation and vacation purposes, having a body length not exceeding 26 feet and a body width not exceeding eight feet.

A solid waste management facility, other than a recyclables' handling and recovery facility exclusively handling nonputrescent recyclables, that can have a combination of structures, machinery and devices, where solid waste is taken from collection vehicles and placed in other transportation units for movement to another facility.

A facility for the storage and/or repair of heavy trucks and other large commercial vehicles except as accessory and incidental to the authorized principal use of the premises.

The specific purpose for which land, a building or a building group is designed, arranged, intended to be used, or for which it either is or may be occupied or maintained. See related definitions of accessory use, nonconforming use, principal use, prohibited use and special permit use.

The controls enumerating the permitted principal, permitted accessory and special permit uses, either principal or accessory, within each of the zoning districts established by this chapter.

A public roadway not lying within a right-of-way owned in fee by the Town, county or state agency of jurisdiction and existing by virtue of easement or prescription. See § 183 of the Highway Law.

An action taken by the Zoning Board of Appeals, pursuant to § 267 of the Town Law and Article X, §§ 210-78 through 210-80, of this chapter, to vary or modify the regulations or provisions of this chapter as applied to a specific use or premises.

An exception granted by the Zoning Board of Appeals from the area and bulk regulations or supplementary regulations of a related character (such as amount, size, location or design of access, off-street parking, landscaping or signage) to authorize on a specific lot a permissible use which could not be feasibly established without relief from one or more of the dimensional requirements pertaining to the zoning district.

An exception granted by the Zoning Board of Appeals from the use regulations to allow the establishment on a specific lot of a use otherwise not allowed or prohibited in the particular zoning district but otherwise authorized under this chapter pursuant to the District Schedule of Use Regulations found at Article III, § 210-10, herein at some location within the Town of Union Vale.

An establishment for the medical and/or surgical care of sick or injured animals, including facilities for their temporary occupation and, when operated as an accessory use by a licensed veterinarian, facilities for their cremation. Also known as "animal hospital."

An educational facility operated as a business primarily teaching usable skills that prepare students for jobs in a trade of for a specialized endeavor, and licensed as may be required with the New York State Department of Education or other agency.

A structure of wood, masonry, stone or other materials, or a combination thereof, intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the case of either a retaining wall or a bulkhead.

A building or portion thereof used for the storage of property. The term "warehouse" shall not be deemed to include the storage area normally associated with a retail business and located on the same property.

Any area designated as either within a NYSDEC freshwater wetland or subject to delineation by the U.S. Army Corps of Engineers (ACOE) as either a jurisdictional wet area or isolated waters under the Clean Water Act of 1974, as amended, and related implementing regulations.

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to other wholesalers or to industrial or professional business users or primarily acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

An open space on the same lot, plot or parcel of land with a building or building group lying between the closest point of the front, rear or side wall of a building and the nearest lot line, unoccupied and fully open to the sky, except as otherwise provided by specific provisions set forth within Article IV of this chapter wherein certain architectural features, accessory structures, fences and walls, parking areas and/or access driveways, signage and outdoor storage may be authorized therein.

A yard extending across the principal street side (i.e., front lot line) of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the any principal building on the lot.

A yard extending across the full width of a lot measured between the side lot lines, being the minimum horizontal distance between the rear lot line and the rear of any principal building on the lot.

Any yard as required by this chapter.

A yard between any lot line, other than the street line or rear lot line, and a line drawn parallel thereto and located between the front and rear yards.

A development configuration in which a building is sited along one or more lot lines with no yard. Such building may be freestanding or it may share a common wall with a zero lot line building on the adjacent lot.

See "Code Enforcement Officer."

The Zoning Board of Appeals of the Town of Union Vale as provided for in Article X, § 210-77, of this chapter.

The map delineating the boundaries of the various districts established under Article II of this chapter pursuant to § 264 of the Town Law and which may from time to time be modified pursuant to Article XI of this chapter and § 265 thereof, which map, along with the text, comprises this chapter.

See "Code Enforcement Officer."

Capacity is considered to be adequate if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the personal wireless service facility in question, where the cell blocking is due to frequency contention at the antenna(s).

Coverage is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is greater than -95 dbm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than -95 dbm.

A device attached to a tower or other structure for transmitting and receiving electromagnetic waves.

The space on a tower or other structure to which antennas of a personal wireless service provider are both structurally able and electronically able to be attached.

The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wireless service provider can be located on a single tower or other structure.

The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.

A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service(s) transmissions.

Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.

The determination that the new signal from and to the proposed antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or other structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.

Electromagnetic frequency radiation.

The Federal Aviation Administration, the government agency responsible for regulating and ensuring the safety of air traffic in the United States.

A property or any part thereof which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless services facility(ies) and required landscaping are located. Also known as "project site."

The Federal Communications Commission, the government agency responsible for regulating telecommunications in the United States.

A report and order which sets national standards for levels of radio-frequency emissions from FCC-regulated transmitters.

Gigahertz, a measure of the frequency of an electric or magnetic field equal to 1 billion Hertz.

A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number, such as p.05, which means that 95% of callers will connect on their first try. A lower number, e.g., p.04, indicates a better grade of service.

One Hertz is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.

Any change or proposed change in power output, number of antennas, change in antenna type or model, repositioning of antenna(s) or change in number of channels per antenna above the maximum number approved under an existing special use permit.

Any increase or proposed increase in the dimensions of an existing and permitted tower or other structure designed to support personal wireless service(s) transmission, receiving or relaying antennas and/or equipment.

Megahertz, a measure of the frequency of an electric or magnetic field equal to one million Hertz.

The measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from the individual personal wireless service facilities, towers, antenna or repeaters.

The testing protocol, initially the Cobbs Protocol but subject to state-of-the-art advances as technology changes, which is to be used to monitor the emissions from existing and new personal wireless service facility(ies).

A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal pole or a wooden pole, with below-grade foundations.

All equipment [including any repeater(s)] with which a personal wireless service provider broadcasts and receives the radio-frequency waves which carry its services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or other structures owned and permitted by another owner or entity.

An entity licensed by the FCC to provide personal wireless services to individuals or institutions.

Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. These services include but may not be limited to any of the following:

Computer-generated estimates of the radiation emanating from an antenna or repeaters sited on a specific tower or other structure. The height above ground, power input and output, type of antenna, antenna gain and the topography of the site and its surroundings are all taken into account to create such simulations. These simulations are the primary tool used in determining whether a site will provide adequate coverage for the personal wireless service facility proposed for that site. Also known as "radial plots."

A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas that are not able to receive adequate coverage directly from a base station. Also known as a "rerad."

The determination that a tower or other structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonably predictable conditions as determined by professional structural engineering analysis. Condition may also be referred to as "structurally able."

A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmitting in the C-Band (four to six GHZ) spectrum.

A lattice structure or framework, or a monopole, that is designed to support personal wireless services transmission, receiving and/or relaying antennas and/or other equipment.