[Amended 12-9-2013 by L.L. No. 4-2013]
For the purpose of this chapter, certain terms or words herein
shall be interpreted or defined as follows: words used in the present
tense include the future tense. The singular includes the plural.
The word "person" includes a corporation as well as an individual
or any other legal entity. The word "lot" includes the word "plot"
or "parcel". The term "shall" is always mandatory. The word "used"
or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied".
Certain words and terms used in this chapter are defined as
follows:
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
nude model studios and sexual encounter centers. Adult use and entertainment
establishments customarily exclude minors by reason of age, and are
those businesses defined as follows:
[Added 12-9-2013 by L.L.
No. 4-2013]
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices which are regularly used to show films, motion pictures, videocassettes, slides, or other photographic reproductions, are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
A commercial establishment that has a significant or substantial
portion of its stock-in-trade or derives a significant or substantial
portion of its interior business advertising from the sale or rental
for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of themselves or others.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe specified sexual activities or specified anatomical
areas. For purposes of this definition, principal business purpose
shall mean 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display
of such merchandise; or
The amount of advertising that is devoted to such merchandise,
either in print or broadcast media.
ADULT CABARETA nightclub, bar, nonalcoholic or juice bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
MASSAGE PARLORAny place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any such person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of "adult use" shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or exposure of specified anatomical areas, or activities between persons when one or more of the persons is in a state of nudity or seminude.
A negative impact on land or waters resulting from a land
development activity. The negative impact may include impairment to
human or natural uses (such as increased risk of flooding, degradation
of water quality, sedimentation, reduced groundwater recharge, impaired
recreational use, impacts on aquatic organisms or other resources,
or threats to public health).[1]
[Added by 8-12-2013 by L.L. No. 2-2013]
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
[Added by 8-12-2013 by L.L. No. 2-2013]
The production of crops, plants, vines and trees, provided
no substantial odor or dust is produced within 100 feet of any building
or adjacent property.
[2]To change or rearrange the walls, roof, ceiling, floors,
supporting beams, columns or other structural parts; interior plan
or layout, the exterior architectural features; or the exit facilities
of a structure; or the relocation of a building from one location
to another.
[Added by 8-12-2013 by L.L. No. 2-2013]
A building arrangement, intended or designed to be occupied
by three or more families living independently of each other.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added by 8-12-2013 by L.L. No. 2-2013]
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any single-family dwelling unit lived in by a family where,
for compensation, guest room lodging is provided with or without meals
for up to two individuals. The term "boarding home" shall include
"rooming house," "lodging house" and other similar terms.
An area from which soil, sand, gravel, or other similar material
is excavated.
[Added by 8-12-2013 by L.L. No. 2-2013]
A strip of land, fence or border of trees, etc., between
one use and another, which may or may not have trees and shrubs planted
for screening purposes, designed to set apart one use area from another.
An appropriate buffer may vary depending on uses, districts, size,
etc., and shall be determined by the Permitting Board.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property.
[Amended by 8-12-2013 by L.L. No. 2-2013]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces, and steps. All dimensions
shall be measured between the exterior faces of walls.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other faced material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 8-14-2017 by L.L.
No. 1-2017]
A line formed by the intersection of a horizontal plane of
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
Written approval by the enforcement officer in accordance with this chapter or Chapter 81 to construct or alter a structure or use of a parcel of land in a specified way.
[Amended 12-9-2013 by L.L. No. 4-2013]
An established line within a property defining the minimum
required distance between any structure to be erected and the front
property line of an adjacent highway, right-of-way or any adjoining
property line.
[Added 12-9-2013 by L.L.
No. 4-2013]
Includes the purchase, sale or transaction involving the
disposition of any article, substance or services, offices or recreational
or amusement enterprises.
[Amended 12-9-2013 by L.L. No. 4-2013]
Any commercial operations dealing in retail sales services
in which the following conditions are met: Maximum of 200 square feet
floor space utilized, no nuisance created, a maximum of one employee
and a maximum of three clients at any one time.
A certified professional in erosion and sediment control
(CPESC) or certified professional in stormwater quality (CPSWQ), as
appropriate for the task at hand, whose qualifications are approved
by either the DEC or the Village Board.
[Added by 8-12-2013 by L.L. No. 2-2013]
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added by 8-12-2013 by L.L. No. 2-2013]
Any activity that removes the vegetative surface cover.
[Added by 8-12-2013 by L.L. No. 2-2013]
An organization catering exclusively to members and their
guests including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, providing they
are not conducted with any vending stands, merchandising, or commercial
activities except as required generally for the membership and purposes
of such club.
A plan, undertaken by a single project site owner or a group
of project site owners acting in concert, to offer lots for sale or
lease; where such land is contiguous, or is known, designated, purchased
or advertised as a common unit or by a common name. The term also
includes phased construction activity by a single entity for its own
use. For discrete construction projects that are located within a
larger common plan of development or sale that are at least 1/4 mile
apart, each project can be treated as a separate plan of development
or sale provided any interconnecting road, pipeline or utility project
that is part of the same "common plan" is not concurrently being disturbed.
[Added by 8-12-2013 by L.L. No. 2-2013]
Runoff that accumulates or converges into well-defined channels
whether man-made or formed naturally by erosion. The opposite of concentrated
flow is sheet flow, where flowing water is distributed evenly over
the ground surface. Over distance on natural surfaces, sheet flow
tends to become concentrated flow due to erosion. To convert concentrated
flow into sheet flow, use of an engineered structure, such as a flow
spreader, is generally required.
[Added by 8-12-2013 by L.L. No. 2-2013]
The deliberate appropriation of property by its owner for
general public use.
[Added by 8-12-2013 by L.L. No. 2-2013]
A structure, together with its lot, operated on a regular
basis, for the purpose of providing daytime care and instruction for
five or more children up to five years in age. Similar uses going
under names such as "day nurseries" shall for the purpose of this
chapter be considered to be day-care centers.
The New York State Department of Environmental Conservation.
[Added by 8-12-2013 by L.L. No. 2-2013]
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
[Added by 8-12-2013 by L.L. No. 2-2013]
Includes any structure placed on separate foundations and
not having a common wall with other structures.
Temporary storage of stormwater runoff.
[Added by 8-12-2013 by L.L. No. 2-2013]
A person undertaking land development activity, or for whose
benefit land development activities are carried out.
[Added by 8-12-2013 by L.L. No. 2-2013]
To make a site or area available for use by physical alteration.
Development includes but is not limited to providing access to a site,
clearing of vegetation, grading, earth moving, excavating, providing
utilities and other services such as parking facilities, stormwater
management and erosion control systems, altering landforms, or constructing
a structure on the land.
[Amended by 8-12-2013 by L.L. No. 2-2013]
For the purpose of this chapter, domestic animals are: cats,
dogs, ferrets, (pocket pets) rodents, hamsters, gerbils, bunnies,
guinea pigs and degus. Also chinchillas, parrots, cockatiels and any
animal that can be bought at a pet store.
The removal of excess surface water from land by a system
of swales, ditches and culverts, catch basins and piping to convey
runoff to retention areas and stabilized discharge points.
[Added by 8-12-2013 by L.L. No. 2-2013]
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
[Added by 8-12-2013 by L.L. No. 2-2013]
Businesses designed to either wholly or partially provide
services or products to customers while in their automobiles parked
on the premises. Examples include but are not limited to film shops,
drive-in theaters, and fast food restaurants.
A dwelling arranged, intended, or designed to be occupied
by two families living independently of each other.
One or more rooms providing living facilities, including
equipment and provisions for cooking, for a single household including
one or more persons living as a family. Dwelling units shall be categorized
by four construction types:
CONVENTIONALA permanent single- or multiple-family dwelling unit which is built on site using conventional "stick" construction techniques among others.
MODULARA permanent single- or multiple-family dwelling unit which is brought to the building site as one or more units on a transport trailer. Modular dwelling units have no support frames but instead are placed on a separate foundation. Modular dwelling units contain the same utility systems as conventional dwelling units. Modular dwelling units are not designed to be moved after they have been lifted onto a foundation.
PREFABRICATEDA permanent single- or multiple-family dwelling unit which is built on site from pre-cut or partially constructed building members. Prefabricated dwelling units are usually on the same construction techniques as conventional dwelling units but are generally purchased as a predesigned and pre-cut packaged for assembly on site.
MOBILE HOMEA transportable, fully assembled single-family dwelling unit suitable for year-round occupancy. Mobile dwelling units contain the same utility systems (water, waste, electricity) as found in conventional dwelling units. Mobile dwelling units are supported by a chassis which is an integral part of the unit. Mobile dwelling units are not designed to be lived in except when set up on a lot with proper utilities. This includes double-wide mobile dwelling units, but does not include travel trailers which are self-contained.
The right to use the land of another, obtained through the
purchase of use rights from a landowner, for a special purpose consistent
with the property's current use.
[Added by 8-12-2013 by L.L. No. 2-2013]
Places where food and/or beverages are prepared and/or sold
for consumption on the premises or for take-out including restaurant,
tea rooms, bars, taverns, and lunch rooms.
The Code Enforcement Officer of the municipality.
[Amended 12-9-2013 by L.L. No. 4-2013]
U.S. Environmental Protection Agency.
[Added by 8-12-2013 by L.L. No. 2-2013]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
[Added by 8-12-2013 by L.L. No. 2-2013]
Use of re-seeding, re-vegetation, placement of mulch or artificial
matting or rip rap or other methods to prevent soil erosion.
[Added by 8-12-2013 by L.L. No. 2-2013]
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book".
[Added by 8-12-2013 by L.L. No. 2-2013]
The erection, construction, alteration, or maintenance by
public utilities or municipal, or other governmental agencies, of
gas, electrical, steam, water, sewage, and communication systems,
and facilities. Railroad tracks and facilities and bus shelters shall
also be considered as providing an essential service.
[Added by 8-12-2013 by L.L. No. 2-2013]
Any activity which removes or significantly disturbs rock, gravel,
sand, soil or other natural deposits.
The movement of soil off the site generally for a commercial
purpose. Note that the NYS Department of Environmental Conservation
may have primary jurisdiction over this "gravel pit" operation.
[Added 12-9-2013 by L.L.
No. 4-2013]
One or more persons, related by birth, marriage, or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agriculture products, livestock, poultry,
and/or dairy products. It includes necessary farm structures and the
storage of equipment used.
Any artificially constructed barrier or vegetation barrier,
such as a hedge, with the purpose or intent of preventing passage
or view, thus providing privacy.[3]
Any activity which deposits natural or artificial material
in a manner that modifies the surface or subsurface of land or watercourses.
[Added by 8-12-2013 by L.L. No. 2-2013]
When all soil-disturbing activities at the site have been
completed and a uniform, perennial vegetative cover with a density
of 80% has been established or equivalent stabilization measures (such
as the use of mulches or geotextiles) have been employed on all unpaved
areas and areas not covered by permanent structures.
[Added by 8-12-2013 by L.L. No. 2-2013]
Any materials which possess the properties, construction
or assembly qualities which under fire conditions prevent or retards
the passage of excessive heat, gases or flames and thus is not easily
ignited.
Capable of igniting within five seconds when exposed to flame
and continuing to burn.
A flow event where the capacity of the channel is exceeded.
[Added by 8-12-2013 by L.L. No. 2-2013]
The official map issued by the Federal Insurance Administration
where the areas of special flood hazard have been designated Zone
A.
A general and temporary condition of partial or complete
inundation of normally dry land areas from: the overflow of inland
or tidal waters and/or; the unusual and rapid accumulation or runoff
of surface waters from any source.
[4]The area of land that is inundated when flow exceeds the
capacity of the normal channel.
[Amended by 8-12-2013 by L.L. No. 2-2013]
The level and elevation above which a particular use will
be considered safe from flooding. Such estimates are undated with
the one-hundred-year flood evaluation. Such elevations will be designated
at various points on the official map.
The designated area of a floodplain required to carry and
discharge waters of a given magnitude.
The designated area of a floodplain adjacent to the floodway
and within the one-hundred-year special flood area.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduction of business. Said areas shall be measured between the
outside face of exterior walls, or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space, or accessory building space.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
[Amended 12-8-2014 by L.L. No. 3-2014]
Any garage other than an accessory garage, operated for gain,
available on a rental basis for the storage of motor vehicles, including
the supply of gasoline and oil.
[Amended 12-8-2014 by L.L. No. 3-2014]
Any excavation, alteration of land contours, grubbing, filling
or stockpiling of earth materials.
[Added by 8-12-2013 by L.L. No. 2-2013]
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as an industrial operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
[Added 8-14-2017 by L.L.
No. 1-2017]
Automobile wreckers, commercial trailers, semi-trailers,
or any vehicle or truck with dual wheels (four-wheel mounted on the
rear axle of a non-recreational vehicle) or weighing over 10,000 unladen
pounds.
A structure principally used to house senior citizens in
which a separate household is established for each family. Nursing
homes are not considered to be a home for aged.
A use conducted within a dwelling and carried on principally
by the inhabitants thereof, which is clearly secondary to the use
of the dwelling for dwelling purposes and does not substantially change
the character thereof.
For the purpose of this chapter, shall include lawn sales,
patio sales, garage sales, basement sales, flea markets, bazaar or
other similar types of sales. A household sale shall be distinguished
from a business in that it involves the infrequent sale of used merchandise
which, for private sales, was NOT obtained from outside the household.
Nonprofit or fraternal organizations, on the other hand, may obtain
their sale items from donations received from members or other sources.
The total area of impervious surface in a project (such as
paved areas and rooftops) that will drain directly, via impervious
conveyance (such as gutters, pipes, or paved or compacted channels
or ditches), to the municipal separate storm sewer system (whether
a road ditch or storm sewer) or to a surface water. Also see definition
of "disconnected impervious area."
[Added by 8-12-2013 by L.L. No. 2-2013]
Impervious area that is not directly connected to a stream
or drainage system, but which directs runoff towards pervious areas
where it can infiltrate, be filtered, and slowed down. See the 2010
"NYS Stormwater Management Design Manual, Chapter 5", for more detailed
guidelines.
[Added by 8-12-2013 by L.L. No. 2-2013]
Those surfaces, improvements and structures that prevent
precipitation from effectively infiltrating into the ground such as,
but not limited to, paved streets, driveways, parking areas, sidewalks
and building rooftops.
[Added by 8-12-2013 by L.L. No. 2-2013]
The percentage of the lot covered by buildings, patios, parking
areas, walkways or other surfaces covered with a paved surface or
a surface that is impervious to water. A deck with boards spaced at
least 1/8 inch apart, a swimming pool surface, and a patio with a
permeable paving system shall not be considered impervious surface.
[Added by 8-12-2013 by L.L. No. 2-2013]
A State Pollution Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added by 8-12-2013 by L.L. No. 2-2013]
A commercial venture which is the primary or major occupant
of a structure and possesses the following characteristics: does not
have a substantial effect on the character of the neighborhood and
generates no nuisances (smoke, odor, noise, etc.).
The process of stormwater percolating into the subsoil.
[Added by 8-12-2013 by L.L. No. 2-2013]
[Added 12-9-2013 by L.L.
No. 4-2013]
See definition of "vehicle dismantling yards."
[Amended 12-9-2013 by L.L. No. 4-2013]
Any premises on which five or more dogs or cats over six
months old are housed, groomed, boarded, trained, or sold for monetary
gain.
All activities including clearing, grubbing, grading, excavating,
stockpiling, placement of fill, paving, installation of utilities,
and construction of buildings or structures that result in soil disturbance.
[Added by 8-12-2013 by L.L. No. 2-2013]
The total land area subject to land development activity,
as defined herein. If activities are part of a larger common plan
of development or sale, total area of disturbance is calculated for
the entire project, even though multiple separate and distinct land
development activities may take place at different times on different
schedules.
[Added by 8-12-2013 by L.L. No. 2-2013]
The legal or equitable owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added by 8-12-2013 by L.L. No. 2-2013]
Any gathering of 200 or more people occurring on a nonregular
basis for profit or not for profit to include, but not limited to:
concerts, circus, Gala Days, car/motorcycle show, revival meeting,
festival, craft show.
[Amended 8-8-2011 by Ord. No. 3-2011]
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption
[Added 8-14-2017 by L.L.
No. 1-2017]
A licensed professional engineer or licensed landscape architect
who is knowledgeable in the principles and practices of erosion and
sediment control and stormwater management.
[Added by 8-12-2013 by L.L. No. 2-2013]
A parcel of land occupied, or designed to be occupied, by
one building and the accessory buildings or uses customarily incidental
to it, including such open space as are required by this chapter.
The percentage of the lot area covered by the combined area
of all building, structures, parking areas, or other impervious surfaces
on the lot.
[Amended by 8-12-2013 by L.L. No. 2-2013]
Any line dividing one lot from another.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres.
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
A waterfront facility offering berths or moorings for rent
or for a fee for boats not registered to the property owner, his family
or renter of any dwelling unit, on the same lot and includes one or
more of the following: the sale of marine products and services, including
gas and oil, dry storage, repairs, new and used boat sales and services,
motorized boat rentals or charters.
[Added 11-13-2018 by L.L.
No. 1-2019]
A person less than 18 years of age.
[Added 12-9-2013 by L.L.
No. 4-2013]
See "dwelling unit" (same as "mobile home").
See "dwelling unit."
A self-propelled, relatively small temporary living quarter
generally used as mobile vacation homes. Motor homes generally have
self-contained, independent utility systems.
Any automobile, bus, truck, tractor, mobile home, recreational
vehicle, motorcycle, snowmobile, watercraft, all-terrain vehicle,
and any other contraptions originally intended or usable in whole
or in part as motorized transportation.
[Added 12-9-2013 by L.L.
No. 4-2013]
Any area of land, including structures therein, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories and which may or may not include facilities for lubricating,
washing, or otherwise servicing motor vehicles, but not including
the painting thereof by any means, body and fender work, or the dismantling
or replacing of engines.
The Village or Town for which this chapter applies.
That use of a building, structure or land legally existing
at the time of enactment of this chapter and which is not one of those
permitted in the district in which it is situated.
The appearance of specified anatomical areas.
[Added 12-9-2013 by L.L.
No. 4-2013]
A violation of this chapter caused by an offensive, annoying,
unpleasant or obnoxious use or characteristics of said use which produces
effects of such a nature or degree that they are detrimental to the
health, safety, general welfare, property values, etc., thus resulting
in harm or injury to adjacent or nearby properties. Common examples
include excessive odors, noise, smoke, vibration, light, runoff, traffic,
development density, etc.
A structure designed or used for residential occupancy and
providing limited medical or nursing care on the premises for occupants,
but not including a hospital or mental health center.
A place which is used to conduct a business or profession
and is occupied by a physician, surgeon, dentist, lawyer or person
providing similar services or in whose office the function of consulting,
recordkeeping, and clerical work are performed.
[5]Common, or public, or private greens, parks, or recreation
areas, including playgrounds, woodland conservation areas, walkways,
trails, stream crossings and drainage control areas, golf courses,
swimming pools, tennis courts, ice skating rinks, and other similar
recreational uses, but which may not include any uses or activities
which produce noise, glare, odor, air pollution, fire hazards, or
other safety hazards, smoke fumes, or any use of activity which is
operated for a profit, or other things detrimental to existing or
prospective adjacent structures or to existing or prospective development
of the neighborhood.
The person having operational control over the construction
plans and specifications for a project and/or responsibility for day-to-day
supervision and control of the activities occurring at a construction
site, and/or responsibility for long term maintenance of a stormwater
management facility.
[Added by 8-12-2013 by L.L. No. 2-2013]
A required off-street parking space. (See § 210-37, Off-street parking.)
Shall include an individual, corporation, limited liability
company, partnership, limited partnership, business trust, estate,
trust, association, or any other legal or commercial entity of any
kind or description, and acting as either the owner or the owner's
agent.
[Added by 8-12-2013 by L.L. No. 2-2013]
Land development activity completed in distinctly separate
pieces or parts, with the stabilization of each piece completed before
the clearing of the next.
[Added by 8-12-2013 by L.L. No. 2-2013]
Refers to the Municipal Planning Board unless otherwise indicated.
Sediment or a water quality measurement that addresses a
sediment (such as total suspended solids, turbidity or siltation)
and any other pollutant that has been identified as a cause of impairment
of any water body that will receive a discharge from the land development
activity.
[Added by 8-12-2013 by L.L. No. 2-2013]
See "dwelling unit."
The main use of land or buildings as distinguished from a
subordinate or accessory use.
[6]Land development activity.
[Added by 8-12-2013 by L.L. No. 2-2013]
The portion of a parcel (or parcels) on which land development
activity will occur.
[Added by 8-12-2013 by L.L. No. 2-2013]
Owned, operated, or controlled by a governmental agency (federal,
state, or local) including a corporation created by law for the performance
of certain specialized governmental functions, a public school district,
or service district.
A person knowledgeable in the principles and practices of
erosion and sediment control and stormwater management and treatment,
such as a licensed professional engineer, licensed landscape architect,
or other New York State DEC-endorsed individuals. All components of
basic or full SWPPPs that involve the practice of engineering, as
defined by the NYS Education Law (see Article 145), shall be prepared
by, or under the direct supervision of, a professional engineer licensed
to practice in the State of New York.
[Added by 8-12-2013 by L.L. No. 2-2013]
Includes boats, motorcycles, ATVs, jet skis, trailers, snowmobiles,
travel trailers and motor homes.
[Added 12-9-2013 by L.L.
No. 4-2013]
The replenishment of underground water reserves.
[Added by 8-12-2013 by L.L. No. 2-2013]
Reconstruction or modification to any existing previously
developed land such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to constructed areas with impervious
surface.
[Added by 8-12-2013 by L.L. No. 2-2013]
The permanent program which is entered only after detailed
flood information is provided by the Federal Insurance Administration;
e.g., Floodway/Floodway Fringe Area, Flood Insurance Rate Map.
More than once annually.
[Added 12-9-2013 by L.L.
No. 4-2013]
A detached building designed to contain one dwelling unit.
A building used or designed for three or more dwelling units
including apartment houses, townhouses, and condominiums.
Either of the following:
A practice designed to collect and store stormwater runoff
without release except by means of evaporation, infiltration, or attenuated
release when runoff volume exceeds the permanent storage capacity
of the permanent pool or tank.
[Added by 8-12-2013 by L.L. No. 2-2013]
A wholly or partially enclosed shed generally for the sale
of products produced on the land where they are to be sold, which
stand shall be located so as to permit customers to drive completely
off the highway while dealing.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
[Added 8-14-2017 by L.L.
No. 1-2017]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added by 8-12-2013 by L.L. No. 2-2013]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and to specify stormwater control standards.
[Added by 8-12-2013 by L.L. No. 2-2013]
Unless otherwise noted, section and section numbers shall
refer to this chapter.
Soils or other surficial materials transported by surface
water as a product of erosion.
[Added by 8-12-2013 by L.L. No. 2-2013]
Measures that prevent eroded sediment from leaving the site.
[Added by 8-12-2013 by L.L. No. 2-2013]
A state of dress in which clothing covers no more than the
specified anatomical area, as well as portions of the body covered
by supporting straps or devices.
[Added 12-9-2013 by L.L.
No. 4-2013]
Places of worship, institutions for the aged and children,
nurseries, nonprofit colleges, hospitals, libraries, cemeteries, and
institutions of the philanthropic nature. Also open space.
Cold water fisheries, swimming beaches, groundwater recharge
areas, water supply reservoirs, habitats for threatened, endangered
or special concern species, wetlands, and unique natural areas.
[Added by 8-12-2013 by L.L. No. 2-2013]
A subsurface sewage disposal system, which consists of a
septic tank and septic field, in which waste material is distributed
through a network of tile fields following a process in the septic
tank where solids are settled out of the waste.
[Added by 8-12-2013 by L.L. No. 2-2013]
A shooting range shall exist whenever firearms are discharged
upon private property, whether at an organized club or not, with the
target being anything other than live game.
[Added 12-9-2013 by L.L.
No. 4-2013]
The parcel(s) of land used for discharging of firearms with
the intent to hit any object (moving or stationary) other than live
game, by any person who pays a fee (e.g., membership fees, shooting
fee, etc.) to use said facilities. Commercial shooting ranges include
but are not limited to nonprofit clubs (skeet club, etc.) and profit
motivated business.
Any structure or part thereof, attached thereto, or painted
or represented thereon, which shall display or include any letter,
work, model, banner, flag, pennant, insignia, device of representation
used for the purpose of bringing the subject thereof to the attention
of the public. The word "sign" does not include the flag, pennant
or insignia of any nation, state, city, or other political unit, or
of any political, educational, charitable, philanthropic, civic, professional,
religious, or like organization, or the property thereof.
A sign which offers services or goods produced or available
somewhere other than on which the sign is located. The words "advertising
sign" include the word "billboard." Neither directional warning nor
other signs posted by public officials in the course of their public
duty shall be construed as advertising signs.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign. Only one side of the sign
shall be used in measuring the area.
Any sign with a total area of 700 square feet or more and
which directs attention on an idea, product, business activity, service
or entertainment which is conducted, sold or offered elsewhere than
upon the lot where such sign is located.
A sign for permitted use conducted on the premises which
shall identify the written name and/or the type of businesses and/or
any trademark of an article for sale or rent on the premises or otherwise
call attention to a use conducted on the premises.
A sign which identifies an attraction or activity and provides
directional information useful to the traveler in locating the attraction
such as mileage, route numbers, etc.
A sign for a permitted use conducted on the premises for
articles sold or distributed by that use, or displaying the name of
the premises.
A sign conveying instructions with respect to the use of
the premises or a portion of the premises on which it is maintained
or a use or practice being conducted on the premises.
A sign which is a movable sign with numbers or lettering
interchangeable or not, illuminated or not, which cannot contain derogatory
or obscene writing.
Any sign attached directly to the wall of a building occupied
by the person to whom such a sign indicated the name, occupation and/or
address of the occupant. A nameplate shall be not over two square
feet in size.
Those signs erected to direct flow, speed and direction of
traffic, effect general public safety or name streets and buildings.
A sign which offers premises for sale, rent, or development;
or announces special events or calls attention to new construction
or alteration; or offers a sale of seasonal garden produce, garage,
household, porch items or signs of similar nature; or political signs.
Temporary status of signs will expire after six months.
The ongoing practice involving the dedicated and cyclic use
of land expressly for the periodic production of timber. For example,
clear-cutting is not considered an exempt silvicultural activity.
[Added by 8-12-2013 by L.L. No. 2-2013]
In this chapter, generally described as percent slope, which
is calculated as rise over run (vertical change in elevation between
two representative points on the site divided by horizontal distance
between the same two points) and multiplied by 100. For example, a
five-percent slope is a rise of five feet over a horizontal distance
of 100 feet. Percent slope may be calculated by observing contour
lines on a map, or by use of survey equipment. Slope can also be expressed
in degrees, as in angle degrees, ranging from zero to 90° (which
would be a vertical cliff). To convert from degrees slope to percent
slope, take the tangent of the slope in degrees, and multiply by 100.
[Added by 8-12-2013 by L.L. No. 2-2013[7]]
Electrical energy storage devices, material hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 8-14-2017 by L.L.
No. 1-2017]
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 8-14-2017 by L.L.
No. 1-2017]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 8-14-2017 by L.L.
No. 1-2017]
Any material(s) or machinery, which is directly or indirectly
related to process, manufacturing, or other industrial activities,
which could be a source of pollutants in any industrial stormwater
discharge to groundwater. Source materials include, but are not limited
to, raw materials; intermediate products; final products; waste materials;
by-products; industrial machinery; and fuels, and lubricants, solvents,
and detergents that are related to process, manufacturing, or other
industrial activities that are exposed to stormwater.
[Added by 8-12-2013 by L.L. No. 2-2013]
That maximum area of the flood years (i.e., that has a one
one-percent chance of being flooded each year one-hundred-year flood).
A special use permit deals with special permission, issued
by Board of Trustees to occupy land for specific purposes when such
use is not permitted by right, but is listed as permitted by special
use permit.
[Added 12-9-2013 by L.L.
No. 4-2013]
Includes any of the following:
[Added 12-9-2013 by L.L.
No. 4-2013]
The use of practices that prevent exposed soil from eroding.
[Added by 8-12-2013 by L.L. No. 2-2013]
An order issued which requires that some or all construction
activity on a site be stopped.
[Added by 8-12-2013 by L.L. No. 2-2013]
Any constructed combination of materials located or attached
to the ground utilized for noninhabited storage purposes. Used trucks,
travel trailers, tractor-trailers, and similar motor vehicles shall
not be utilized as storage structures.
[Amended 12-8-2014 by L.L. No. 3-2014]
Rainwater, surface runoff, snowmelt and drainage that does
not infiltrate the ground or evaporate but instead flows onto adjacent
land or watercourses.
[Added by 8-12-2013 by L.L. No. 2-2013]
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff, based on monitoring studies. See the Stormwater
Design Manual for details and a list of land uses designated as hotspots
for the State of New York.
[Added by 8-12-2013 by L.L. No. 2-2013]
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources, and the environment.
[Added by 8-12-2013 by L.L. No. 2-2013]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added by 8-12-2013 by L.L. No. 2-2013]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added by 8-12-2013 by L.L. No. 2-2013]
Flow through or on the ground surface resulting from precipitation.
[Added by 8-12-2013 by L.L. No. 2-2013]
The space in a building between two adjacent floor levels
or between a floor and the roof.
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.
The landscape features on both sides of a stream, including
soils, slopes, and vegetation, whose alteration can directly impact
the stream's physical characteristics and biological properties.
[Added by 8-12-2013 by L.L. No. 2-2013]
A building constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Mobile homes are not considered to be structures for the purpose
of this chapter. (A mobile home is considered to be a structure under
the Flood Insurance Program.)
Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either before the improvement or repair is started, or if the structure
has been damaged and is being restored, before the damage occurred.
For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration effects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
Any man-made receptacle for water located above or below
ground designed for capacity of over one foot in depth at any point
and intended to be used for swimming or wading.
A stormwater pollution prevention plan (SWPPP) that includes
all requirements for erosion and sediment control, but does not require
post construction water quality and quantity controls.
[Added by 8-12-2013 by L.L. No. 2-2013]
A stormwater pollution prevention plan that includes all
requirements for erosion and sediment control, and also post construction
water quality and quantity controls.
[Added by 8-12-2013 by L.L. No. 2-2013]
A stormwater pollution prevention plan that includes an erosion
and sediment control plan appropriate for small areas of disturbance.
[Added by 8-12-2013 by L.L. No. 2-2013]
An activity conducted within a structure or on a tract of
land for a specific limited period of time which may not otherwise
be permitted by the provisions of this chapter. For example, a building
used in conjunction with new construction which would be removed upon
completion of the work. Where no time period is specified, one year
or less shall be assumed to be temporary.
The moving of soil on a single parcel of property from one
point to another point with absolutely no soil being taken off the
property or sold. Generally included is general landscaping or preparation
for the construction of a foundation.
[Added 12-9-2013 by L.L.
No. 4-2013]
A structure generally of a commercial nature, the purpose
of which is to better enable the transmission or receiving of signals
by achieving more height. For the purposes of this chapter, a tower
shall be capable of being climbed without utilizing special equipment
and shall not include TV towers unless they are over 60 feet in height
as measured from the base.
A dwelling unit designed to be occupied as a residence for
one family and one group of three or more attached dwellings, placed
side by side, separated by party walls, each containing one or two
stories, and each having separate front and rear, or side and rear,
or front and side entrances from the outside.
A large piece of land under single ownership.
Any rubbish or waste materials having little or no worth
to include natural or man-made items often times in a broken, dilapidated
or worn state. Trash includes but is not limited to the following:
garbage, wastepaper, sticks, cut grass, glass, scrap lumber, discarded
furniture and appliances, dismantled vehicle parts, rags, batteries,
rope, tires, boxes, scrap metal, toilets, bathtubs, sinks, etc. If
something is new or old and is cleaned and/or painted and reasonably
maintained and used to hold flowers or shrubs, it will not meet the
definition of trash. Any property owner, tenant or neighbor who disagrees
with the Code Enforcement Officer's decision regarding the use
of an item as a planter may appeal that decision to the Zoning Board
of Appeals.
A relatively small temporary living quarter designed to be
hauled behind a vehicle. Travel trailers are not designed as permanent
living quarters and are generally used on a seasonal basis. They are
supported at all times primarily by their own wheels. Travel trailers
generally have self-contained independent utility systems.[8]
[Amended 12-9-2013 by L.L. No. 4-2013]
Any motor vehicle which does not possess a valid license
plate complying with New York State law.
Any purpose for which land or a building is designed, arranged,
intended, or for which it is, or may be, occupied or maintained.
Permission waivers from the terms of the law, as will not
be contrary to the public interest, where, owing to special conditions,
a literal enforcement of the provisions of the law will result in
unnecessary hardship or practical difficulty or that the spirit of
the law shall be observed and substantial justice done and granted
by the Zoning Board of Appeals.
Any place or storage of deposit where two or more unregistered,
old or secondhand vehicles, no longer intended for or in condition
for legal use on public highways are held, whether for resale or parts
or materials, or used parts and waste materials, which when taken
together equal in bulk two or more vehicles, shall constitute a vehicle
dismantling yard. This excludes farm vehicles and facilities for processing
iron, steel and/or non-ferrous materials for scrap.
Any natural or man-made body of water, such as a pond, lake,
wetland or wet area which does not necessarily flow in a definite
direction or course.
[Added by 8-12-2013 by L.L. No. 2-2013]
The banks of such watercourse shall be identifiable, i.e.,
defined bed, banks, gullies, ravines, etc. Road ditches and shallow
land depressions generally referred to as grassed waterways, swales,
etc., that carry water only immediately (a few to several hours) after
a runoff-producing event are not considered watercourses. Where there
is a question of whether a watercourse exists and where the top of
the bank is located, the reviewing board shall conduct a site evaluation
to determine whether or not a particular channel is a watercourse
and where the top of the bank is located. Its determination shall
be final. For purposes of determining setbacks and required buffers,
the boundary of the watercourse shall be measured from the lake line
or the top of the bank closest to construction.
[Added by 8-12-2013 by L.L. No. 2-2013]
Total drainage area contributing runoff to a given point
along a watercourse.
[Added by 8-12-2013 by L.L. No. 2-2013]
Any area which meets one or more of the following criteria:
[Added by 8-12-2013 by L.L. No. 2-2013]
Lands and waters that meet the definition provided in New York
State Environmental Conservation Law, Article 24, Freshwater Wetlands
Act. The approximate boundaries of such lands and waters are indicated
on the official wetlands map promulgated by the Commissioner of the
New York State Department of Environmental Conservation, or as amended
and updated.
Areas which meet the definition used by the US Army Corps of
Engineers and US Environmental Protection Agency: "Areas that are
inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas."
The process of determining the boundaries of a wetland in
the field, as described in the US Army Corps of Engineers Wetland
Delineation Manual, Technical Report Y-87-1.
[Added by 8-12-2013 by L.L. No. 2-2013]
The area extending across the entire width of the lot between
the building line, or front main wall of a building and the front
property line into which space there shall be no extension of building
partitions in any district, or parking space, including any enveloping
wall, fence or hedge around the parking area in any noncommercial
district.
The area extending across the entire width of the lot between
the rear wall of the principal building and rear line of the lot,
and unoccupied except for parking, loading and unloading space, and
garages and carports.
The Zoning Board of Appeals of the Municipality.
[1]
Editor's Note: The original definition of "accessory dwelling
unit," which immediately preceded this definition, was repealed 12-9-2013
by L.L. No. 4-2013.
[2]
Editor's Note: The original definition for "alteration," which
immediately followed this definition, was repealed 12-9-2013 by L.L.
No. 4-2013.
[3]
Editor's Note: The original definitions for "fence, barrier;"
"fence, farm;" and "fence, nonbarrier," which immediately followed
this definition, were repealed 12-9-2013 by L.L. No. 4-2013.
[4]
Editor's Note: The original definition of "floodplain," which
immediately followed this definition, was repealed 12-9-2013 by L.L.
No. 4-2013.
[5]
Editor's Note: The original definition of "one-hundred-year
flood," which immediately followed this definition, was repealed 12-9-2013
by L.L. No. 4-2013.
[6]
Editor's Note: The original definition for "private camp,"
which immediately followed this definition, was repealed 12-9-2013
by L.L. No. 4-2013.
[7]
Editor's Note: the original definition for "solar structure,"
which immediately followed this definition, was repealed 12-9-2013
by L.L. No. 4-2013.
[8]
Editor's Note: The original definition of "travel trailer
camp - commercial campground," which immediately followed this definition,
was repealed 12-9-2013 by L.L. No. 4-2013.
