Definitions.
ACCESSORY STRUCTURE OR USE
A use or structure on the same lot with a nature customarily
incidental and subordinate to the principal use or structure.
ADVERSE IMPACT
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).
[Added 5-13-2013 by L.L. No. 1-2013]
AGRICULTURAL ACTIVITY
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 5-13-2013 by L.L. No. 1-2013]
AGRICULTURE
Land, including necessary buildings and structures, that
has as its principal use the raising or keeping of livestock or the
growing of crops.
ALTERATION, STRUCTURAL
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 5-13-2013 by L.L. No. 1-2013]
APARTMENT
The equivalent of a dwelling unit contained in a multiple-family
dwelling.
[Added 9-9-1991 by L.L. No. 1-1991]
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 5-13-2013 by L.L. No. 1-2013]
AUTOMOBILE GRAVEYARD
Any establishment, lot, place of storage or deposit, whether
in connection with another business or not, where two or more unregistered,
old or secondhand motor vehicles, no longer intended or in condition
for legal use on the public highways, are held, whether for the purpose
of resale of used parts therefrom, for the purposes of reclaiming
for use some or all of the materials therein, whether metal, glass,
fabric or otherwise, for the purpose of disposing of the same or for
any other purpose. Such term shall include any place of storage or
deposit for any such purposes of used parts or waste materials from
motor vehicles. To the extent compatible herewith, the provisions
of § 136 of the General Municipal Law are incorporated by
reference and apply to an application for an "automobile graveyard."
[Amended 10-11-1990 by L.L. No. 4-1990]
BOATHOUSE
A building or structure used exclusively for the parking
or temporary storage of boats that is located along the shore of a
body of water.
[Added 5-8-1995 by L.L. No. 2-1995]
BORROW AREA
An area from which soil, sand, gravel, or other similar material
is excavated.
[Added 5-13-2013 by L.L. No. 1-2013]
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property.
[Amended 5-13-2013 by L.L. No. 1-2013]
BUILDING LINE
The line formed by the intersection of the vertical plane
that coincides with the most projected exterior point of a building
on any side and the ground. Front, side, and rear building lines are
respectively the building lines closest to the highway right-of-way,
side property line and rear property line.
[Amended 6-8-2015 by L.L.
No. 1-2015]
CAMPGROUNDS
Any plot of land on which is located or may be placed two
or more temporary shelters or other accommodations of a design or
character suitable or used for temporary living purposes, including
approved sanitary facilities, but not including a trailer court.
[Amended 9-9-1991 by L.L. No. 1-1991]
CERTIFIED PROFESSIONAL
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 Town Board.
[Added 5-13-2013 by L.L. No. 1-2013]
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 5-13-2013 by L.L. No. 1-2013]
CLEARING
Any activity that removes the vegetative surface cover.
[Added 5-13-2013 by L.L. No. 1-2013]
COMMERCIAL RECREATION
Any recreational use, facility or activity, whether within the meaning or scope of any of the enumerated provisions of Article
V, §
143-24B, or Article
VI, §
143-28H(1),
(9),
(12),
(14) and
(20), for which there is a fee, charge, payment, dues or other form of consideration required to use the facility. Only such recreational use, facility or activity which is completely gratis or for which there is no direct or indirect consideration or payment shall not be subject to or within the meaning of "commercial recreation" or "recreation" as used in this chapter.
[Added 10-11-1990 by L.L. No. 4-1990]
COMMON PLAN OF DEVELOPMENT OR SALE
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 5-13-2013 by L.L. No. 1-2013]
COMMUNICATIONS TOWER
Any structure designed to be used for the support of any
device for transmitting and/or receiving signals for the purpose of
communication, including but not limited to broadcast, shortwave,
citizens band, AM/FM, television, microwave, cellular, digital or
personal communication services.
[Added 6-9-1997 by L.L. No. 1-1997]
CONCENTRATED FLOW
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 5-13-2013 by L.L. No. 1-2013]
CONDOMINIUM
Any unit subject to the provisions of Article 9-B of the
Real Property Law of the State of New York, commonly described as
an ownership arrangement in which the interior of a housing unit is
individually owned, while the exterior, including land and facilities,
known as the "common elements," are owned in common by all homeowners
in the development. The owner has title to an individual dwelling
unit and a shared interest in the common elements.
[Added 6-8-2015 by L.L.
No. 1-2015]
CONSTRUCTION DEBRIS TRANSFER STATION
A facility with not more than three transfer bays or areas,
located on a parcel of not less than five acres, with no transfer
bays or areas located within 750 feet of an inhabited dwelling not
owned by the applicant, which is screened with natural barrier evergreens
and enclosed within appropriate fencing, and which serves as a location
where only construction and demolition debris as defined in 6 NYCRR
Part 360-1.2(b)(33), but no other wastes or material of any kind,
are transferred from one truck or roll-off receptacle to another truck
or roll-off receptacle and where no debris or material is ever unloaded
or permitted to fall on the ground and for which a permit has been
granted by the New York State Department of Environmental Conservation
and for which a bond has been filed with the Town of Chautauqua in
an amount and form set by the Town Board and for which other conditions
that may be imposed by the Town Board have been fully complied with.
[Added 3-12-1990 by L.L. No. 1-1990]
COTTAGE
A dwelling unit.
[Added 9-9-1991 by L.L. No. 1-1991]
COTTAGE COURT
Any plot of land on which are located two or more cottages
of a design or character suitable for seasonal or temporary family
living purposes.
[Amended 9-9-1991 by L.L. No. 1-1991]
COUNTRY INN
A building or group of buildings offering overnight accommodations
to transients and the service of meals, in which the service of alcoholic
beverages, if any, is incidental to providing sleeping accommodations
and the service of meals. A "country inn" is not a motel, hotel, restaurant
or tavern.
[Added 8-13-1984 by L.L. No. 6-1984]
DAY-CARE CENTER
A facility duly permitted by the New York State Department
of Social Services for the care of four to 12 children for less than
24 hours a day.
[Added 10-11-1990 by L.L. No. 4-1990]
DEC
The New York State Department of Environmental Conservation.
[Added 5-13-2013 by L.L. No. 1-2013]
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
[Added 5-13-2013 by L.L. No. 1-2013]
DESIGN MANUAL
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 5-13-2013 by L.L. No. 1-2013]
DETENTION
Temporary storage of stormwater runoff.
[Added 5-13-2013 by L.L. No. 1-2013]
DEVELOPER
A person undertaking land development activity, or for whose
benefit land development activities are carried out.
[Added 5-13-2013 by L.L. No. 1-2013]
DEVELOPMENT
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.
[Added 5-13-2013 by L.L. No. 1-2013]
DOCK
Any structure, whether affixed to land or floating, placed
in or upon a lake, stream or brook where a boat is or may be moored
or provides access for fishing or for any other use, recreational
or otherwise. This term shall include piers, wharfs, crib docks, stake
docks, floating docks and all such similar structures. At no point
shall any dock have a height greater than five feet above the mean
high-water level. Excluded herein are handrails or other customary
safety features as well as lighting apparatus, flagpoles and items
of like nature.
[Added 5-8-1995 by L.L. No. 2-1995]
DRAINAGE
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 5-13-2013 by L.L. No. 1-2013]
DRAINAGE AREA
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 5-13-2013 by L.L. No. 1-2013]
DUMP or LANDFILL
A place for the disposal and leaving of paper, garbage, rubbish,
demolition and waste materials of any nature of the public or by any
person, but not including residential trash receptacles and commercial
dumpsters designed to temporarily hold and collect any of the above
items for a period not to exceed two weeks pending proper disposal.
[Added 12-12-1988 by L.L. No. 3-1988; amended 2-8-1993 by L.L. No. 1-1993]
DWELLING
A building containing not more than two dwelling units occupied
exclusively for residential uses.
[Amended 12-12-1983 by L.L. No. 3-1983; 9-9-1991 by L.L. No. 1-1991]
DWELLING, MULTIPLE-FAMILY
A detached building containing three or more dwelling units.
Apartment houses are considered to be multiple-family dwellings.
DWELLING UNIT
A single unit used to provide complete, independent living
facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
[Amended 9-9-1991 by L.L. No. 1-1991; 7-7-2003 by L.L. No. 2-2003]
EASEMENT
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 5-13-2013 by L.L. No. 1-2013]
EPA
United States Environmental Protection Agency.
[Added 5-13-2013 by L.L. No. 1-2013]
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
[Added 5-13-2013 by L.L. No. 1-2013]
EROSION CONTROL
Use of reseeding, revegetation, placement of mulch or artificial
matting or rip rap or other methods to prevent soil erosion.
[Added 5-13-2013 by L.L. No. 1-2013]
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
[Added 5-13-2013 by L.L. No. 1-2013]
EXCAVATION
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
[Added 5-13-2013 by L.L. No. 1-2013]
FAMILY
One or more persons occupying the premises and living as
a single nonprofit housekeeping unit.
FARM
A parcel of land which is used for gain in the raising of
vegetables, fruit, grain and other agricultural products, livestock,
poultry, animals and dairy products.
FARM STRUCTURE
A building used for farming purposes. A dwelling is not a
farm structure.
FENCE
Any artificially constructed barrier with the purpose or
intent of preventing passage and affording privacy, including but
not limited to fences of all kinds, hedges and other natural barriers
planted in a continuous row.
[Added 8-11-1997 by L.L. No. 4-1997]
FILLING
Any activity which deposits natural or artificial material
in a manner that modifies the surface or subsurface of land or watercourses.
[Added 5-13-2013 by L.L. No. 1-2013]
FINAL STABILIZATION
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 5-13-2013 by L.L. No. 1-2013]
FLEA MARKET
An open-air marketplace where used articles, antiques, collectibles
or other merchandise is offered for sale on fixed days, where space
may be leased or rented to vendors and where ample parking space is
provided off the public streets or highways.
[Added 7-30-1984 by L.L. No. 4-1984]
FLOOD
A flow event where the capacity of the channel is exceeded.
[Added 5-13-2013 by L.L. No. 1-2013]
FLOODPLAIN
The area of land that is inundated when flow exceeds the
capacity of the normal channel.
[Added 5-13-2013 by L.L. No. 1-2013]
GARAGE, PRIVATE
A secondary building, accessory to dwelling(s), which primarily
provides for the storage of (a) motor vehicle(s) or boat and in which
no occupation, business or service is carried on. A private garage
may be attached to a dwelling.
[Added 9-8-1997 by L.L. No. 5-1997]
GRADING
Any excavation, alteration of land contours, grubbing, filling
or stockpiling of earth materials.
[Added 5-13-2013 by L.L. No. 1-2013]
HOME OCCUPATIONS
Only such occupational activity shall be conducted as conforms entirely to the standards and conditions set out in §
143-63. Any activity that does not conform in any respect is deemed not to be a home occupation and constitutes a violation of this chapter.
[Amended 10-9-1989 by L.L. No. 1-1989]
HOUSE TRAILER
A mobile home.
[Amended 12-12-1988 by L.L. No. 3-1988]
HUNTING CAMP
A building located on a parcel of land at least 10 acres
in size, used seasonally only for occupancy as a place from which
camping, hiking, bird-watching or hunting takes place, which is not
occupied overnight for more than 60 days in any one year, and which
is no less than 300 square feet and no more than 500 square feet in
size.
[Added 7-14-1997 by L.L. No. 2-1997;
amended 9-8-2008 by L.L. No. 6-2008]
IMPERVIOUS AREA, DISCONNECTED
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
New York State Stormwater Management Design Manual, Chapter 5, for
more detailed guidelines.
[Added 5-13-2013 by L.L. No. 1-2013]
IMPERVIOUS SURFACE
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 5-13-2013 by L.L. No. 1-2013]
IMPERVIOUS SURFACE, CONNECTED
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 5-13-2013 by L.L. No. 1-2013]
IMPERVIOUS SURFACE COVERAGE
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 5-13-2013 by L.L. No. 1-2013]
INDUSTRIAL STORMWATER PERMIT
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 5-13-2013 by L.L. No. 1-2013]
INFILTRATION
The process of stormwater percolating into the subsoil.
[Added 5-13-2013 by L.L. No. 1-2013]
JUNK
Old or scrap metal, rope, rags, batteries, paper, trash,
rubber debris, waste or junked, dismantled or wrecked automobiles,
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
material.
JUNKYARD
The use of more than 200 square feet of an area of any lot
for the buying, selling, exchanging, sorting, storing, bailing, packing,
disassembling or handling of junk or salvaged material, but not including
operation of a dump, pawn shop, antique shop or of machinery to be
reused for the purpose for which originally manufactured.
[Amended 12-12-1988 by L.L. No. 3-1988]
KENNEL
Any premises on which are kept for commercial purposes four
or more dogs older than one year that do not belong to the property
owner.
[Added 8-11-1997 by L.L. No. 3-1997;
amended 6-8-2015 by L.L. No. 1-2015]
LAND DEVELOPMENT ACTIVITY
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 5-13-2013 by L.L. No. 1-2013]
LAND DISTURBANCE, AREA OF
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 5-13-2013 by L.L. No. 1-2013]
LANDOWNER (OWNER, or PROPERTY OWNER)
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 5-13-2013 by L.L. No. 1-2013]
LICENSED PROFESSIONAL
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 5-13-2013 by L.L. No. 1-2013]
LIVESTOCK
Animals, including but not limited to domestic animals such
as sheep, horses, cattle and goats.
LOT
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
LOT AREA
The net area contained within lot lines.
LOT COVERAGE
The percentage of the lot area covered by the combined area
of all building, structures, parking areas, or other impervious surfaces
on the lot.
[Added 5-13-2013 by L.L. No. 1-2013]
LOT RECORD
Any lot which, individually or as part of a subdivision,
has been officially recorded in the office of the Clerk of Chautauqua
County.
LOT SIZE
The total square feet of a lot, calculated by multiplying
the width of the lot by the length of the lot as measured on a single
side of a dedicated road or highway. A lot extending to both sides
of a dedicated road or highway, for zoning purposes, shall be deemed
two separate lots.
[Added 9-22-2005 by L.L. No. 3-2005]
LOT WIDTH
The distance between side lot lines measured along a line
parallel to a line connecting the end points of the front lot line.
MANUFACTURED HOME
A structure having a minimum of two sections, each of which
may be transported to a building site separately though not having
its own chassis, which is designed to be used as a dwelling, the components
of which are wholly or in substantial part manufactured in manufacturing
facilities, intended or designed for permanent installation, or assembly
and permanent installation, on a building site, and which carries
a Federal Department of Housing and Urban Development seal.
[Added 9-22-2005 by L.L. No. 3-2005]
MARINA
The erection and maintenance of a facility located on Chautauqua
Lake or a navigable waterway to Chautauqua Lake providing docking
and servicing of recreational small watercraft and including therewith
at such waterfront facility an incidental outlet for the sale of soft
drinks and marine supplies, including gas and oil, with other accessory
improvements or equipment for the operators and operation of small
watercraft. The facility may also offer maintenance and storage service
for small watercraft.
[Added 10-11-1990 by L.L. No. 4-1990]
MOBILE HOME
A movable or portable unit designed and constructed to be
towed in one piece on its own chassis, comprised of frame and wheels,
and designed to be used as a dwelling unit with or without a permanent
foundation when connected to the required utilities, with plumbing,
heating, air conditioning, and electrical systems contained therein,
and which carries a Federal Department of Housing and Urban Development
seal; includes a house trailer, but not a manufactured home or modular
home.
[Amended 12-12-1983 by L.L. No. 3-1983; 12-12-1988 by L.L. No. 3-1988; 9-22-2005 by L.L. No. 3-2005]
MOBILE HOME PARK
An area of land which has been planned and improved for the
placement of two or more mobile homes.
MODULAR HOME
A structure having a minimum of two sections, each of which
may be transported to a building site separately, with installation
of the heating system and application of siding usually coming after
the erection of the home, which is indistinguishable in appearance
from a conventionally built home, and which carries a New York State
Department of State seal.
[Added 9-22-2005 by L.L. No. 3-2005]
MOTEL
A building or a group of buildings intended or designed to
provide a series of sleeping units for the accommodation of automobile
transients.
OPERATOR
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 5-13-2013 by L.L. No. 1-2013]
PARKING SPACE
The area required for parking one automobile; herein to be
an area not less than nine feet wide by 20 feet long, not including
passageways.
[Added 2-8-1993 by L.L. No. 1-1993]
PERSON
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 5-13-2013 by L.L. No. 1-2013]
PHASING
Land development activity completed in distinctly separate
pieces or parts, with the stabilization of each piece completed before
the clearing of the next.
[Added 5-13-2013 by L.L. No. 1-2013]
PLAYHOUSE, CHILDREN'S
An accessory building or structure with a gross floor area
of no greater than 120 square feet and a wall height no greater than
six feet intended for use by children.
[Added 12-10-2012 by L.L. No. 3-2012]
POLLUTANT OF CONCERN
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 5-13-2013 by L.L. No. 1-2013]
PRINCIPAL USE
The main use of land or buildings as distinguished from a
subordinate or accessory use.
PROFESSIONAL OFFICE
One used by a duly licensed architect, attorney, certified
public account, dentist, optometrist, engineer, insurance broker or
salesman, physician or surgeon, real estate broker, surveyor, or other
similar use.
[Added 9-9-1991 by L.L. No. 1-1991;
amended 6-8-2015 by L.L. No. 1-2015]
PROJECT
Land development activity.
[Added 5-13-2013 by L.L. No. 1-2013]
PROJECT SITE
The portion of a parcel (or parcels) on which land development
activity will occur.
[Added 5-13-2013 by L.L. No. 1-2013]
QUALIFIED PROFESSIONAL
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 New York State 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 5-13-2013 by L.L. No. 1-2013]
RECHARGE
The replenishment of underground water reserves.
[Added 5-13-2013 by L.L. No. 1-2013]
REDEVELOPMENT
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 5-13-2013 by L.L. No. 1-2013]
RETENTION
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 5-13-2013 by L.L. No. 1-2013]
SATELLITE SIGNALS
Those signals which contain satellite cable programming and
other satellite transmissions which may be lawfully received by private
television antennas.
[Added 5-8-1995 by L.L. No. 2-1995]
SATELLITE TELEVISION ANTENNA
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in geostationary orbit.
[Added 5-8-1995 by L.L. No. 2-1995]
SEDIMENT
Soils or other surficial materials transported by surface
water as a product of erosion.
[Added 5-13-2013 by L.L. No. 1-2013]
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
[Added 5-13-2013 by L.L. No. 1-2013]
SENSITIVE AREAS
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 5-13-2013 by L.L. No. 1-2013]
SEPTIC SYSTEM
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 5-13-2013 by L.L. No. 1-2013]
SIGN
Any advertisement, announcement, direction or communication
produced, in whole or in part, by the construction, erection, affixing
or placing of a structure on any land or other structure or produced
by painting or posting on or placing any printed, lettered, figured
or colored material on any structure or surface, but not including
signs placed or erected by any municipal, state or federal agency
for the purpose of showing street or road names, directions or regulations
or for other purposes.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment sold or offered elsewhere than upon the premises
where such sign is located or to which it is affixed.
[Added 10-9-1989 by L.L. No. 1-1989]
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted or a commodity service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
[Added 10-9-1989 by L.L. No. 1-1989]
SIGN, FLASHING
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when the sign is in use. For the purpose of this chapter any revolving
illuminated sign shall be considered a "flashing sign."
[Added 10-9-1989 by L.L. No. 1-1989]
SILVICULTURAL ACTIVITY
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 5-13-2013 by L.L. No. 1-2013]
SLOPE(S)
In this law, 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
5% 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 0º to 90º
(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 5-13-2013 by L.L. No. 1-2013]
SOURCE MATERIAL
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 5-13-2013 by L.L. No. 1-2013]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
[Added 5-13-2013 by L.L. No. 1-2013]
STOP-WORK ORDER
An order issued which requires that some or all construction
activity on a site be stopped.
[Added 5-13-2013 by L.L. No. 1-2013]
STORAGE SHED
An accessory enclosed building with doors, other than a private
garage, used for the temporary storage of personal property, including,
but not limited to, lawn-care equipment.
[Added 5-8-1995 by L.L. No. 2-1995]
STORMWATER
Rainwater, surface runoff, snowmelt and drainage that does
not infiltrate the ground or evaporate but instead flows onto adjacent
land or watercourses.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER HOTSPOT
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 5-13-2013 by L.L. No. 1-2013]
STORMWATER MANAGEMENT
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 5-13-2013 by L.L. No. 1-2013]
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 5-13-2013 by L.L. No. 1-2013]
STORMWATER RUNOFF
Flow through or on the ground surface resulting from precipitation.
[Added 5-13-2013 by L.L. No. 1-2013]
STORY
As defined by the New York State Uniform Fire Prevention
and Building Code.
STREAM CORRIDOR
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 5-13-2013 by L.L. No. 1-2013]
STREET
A public or private way which affords the principal means
of access to abutting properties.
STREET LINE
The dividing line between a lot and a street.
STRUCTURE
Anything that is built or erected, other than a building,
which rests upon or in the ground, or requires the support of the
ground, or is attached to any buildings, including excavations.
[Added 9-22-2005 by L.L. No. 3-2005]
SWPPP, BASIC
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 5-13-2013 by L.L. No. 1-2013]
SWPPP, FULL
A stormwater pollution prevention plan that includes all
requirements for erosion and sediment control, and also post construction
water quality and quantity controls.
[Added 5-13-2013 by L.L. No. 1-2013]
SWPPP, SIMPLE
A stormwater pollution prevention plan that includes an erosion
and sediment control plan appropriate for small areas of disturbance.
[Added 5-13-2013 by L.L. No. 1-2013]
THEATER or PLAYHOUSE
A building or part of building devoted to showing live stage
productions, artists or performers on a paid-admission basis.
[Added 10-11-1990 by L.L. No. 4-1990]
TRAILER COURT
Any plot of land on which are parked two or more house or
travel trailers used for living purposes or held out for the purpose
of supplying to the public a parking space for two or more house or
travel trailers.
TRAVEL TRAILER
Any portable vehicle which is designed to be transported
on its own wheels and which is designed and intended to be used for
temporary living quarters for travel, recreational or vacation purposes,
and which may or may not include one or all of the accommodations
and facilities included in a mobile home. A "travel trailer" is not
a dwelling.
USE
The purpose for which land or a building thereon is designed,
arranged or intended, or for which it is occupied or maintained, let
or leased.
WALL
See "fence."
[Added 8-11-1997 by L.L. No. 4-1997]
WATER BODY
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 5-13-2013 by L.L. No. 1-2013]
WATERCOURSE
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 5-13-2013 by L.L. No. 1-2013]
WATERSHED
Total drainage area contributing runoff to a given point
along a watercourse.
[Added 5-13-2013 by L.L. No. 1-2013]
WEDDING OR PRIVATE EVENT FACILITY
A location where events are held, including but not limited
to weddings, parties, meetings, family reunions, and corporate events,
in exchange for compensation, at locations including, but not limited
to, tents, gazebos, barns, open areas, and residential structures.
This shall include any previously existing structures so altered,
updated, or renovated for the purposes of providing event space in
exchange for compensation. This does not include restaurants with
banquet facilities where wedding or private event facilities are accessory
to the primary restaurant use.
[Added 7-8-2019 by L.L. No. 1-2019]
WETLAND
Any area which meets one or more of the following criteria:
[Added 5-13-2013 by L.L. No. 1-2013]
(1)
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.
(2)
Areas which meet the definition used by the United States Army
Corps of Engineers and United States 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."
WETLAND DELINEATION
The process of determining the boundaries of a wetland in
the field, as described in the United States Army Corps of Engineers
Wetland Delineation Manual, Technical Report Y-87-1.
[Added 5-13-2013 by L.L. No. 1-2013]
YARD REQUIRED
Open and unobstructed ground area of the lot extending inward
from a lot line for the distance specified in the regulations for
the district in which the lot is located, except as otherwise permitted.
YARD REQUIRED, FRONT
An unoccupied ground area fully open to the sky between the
street line and a line drawn parallel thereto, except as otherwise
permitted. On a corner lot, the owner may specify the front yard.
In all cases, when the street line cannot be established, 1/2 of the
width of the street or road shall be added to the front yard requirement,
and the front yard shall be measured from the center of the street
or road.
YARD REQUIRED, REAR
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto, except as otherwise
permitted.
YARD REQUIRED, SIDE
An unoccupied ground area fully open to the sky between any
lot line other than a street line or rear lot line, and a line drawn
parallel thereto, and between the front and rear yards, except as
otherwise permitted.