Town of Forestburgh, NY General Provisions

Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."

Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:

ABANDONED ITEM

Any item that has ceased to be used for its designed and intended purpose. The factors used in determining whether or not an item has been abandoned include but are not limited to the following: a) present operability and functional utility of the item; b) the condition of disrepair or damage of the item; and c) status of registration or licensing of the item.

ACCESSORY BUILDING

A structure detached from and subordinate to a principal building on the same lot, having less than 1/2 of the habitable floor area of the principal building, and which is used for purposes customarily incidental to those of the principal building or use, such as a private garage, storage, recreation, and home-based occupation.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use, where the principal use is lawful, where there is unity of ownership between the principal and accessory use, where the principal and accessory uses are located on the same lot, and the accessory use does not change the character of the principal land use. A use which dominates the principal use in area, extent or purpose is not eligible to qualify as an accessory use.

AGRICULTURAL BUILDING

See "building, agricultural."

AGRICULTURAL DISTRICT

An area designated pursuant to Article 25-AA of the New York State Agriculture and Markets Law.

AGRICULTURAL PROCESSING FACILITY

A commercial facility where raw agricultural products are processed into food or other products for animal or human consumption, distribution or use in other processes, including but not limited to cheese making, feed production, winemaking and fruit storage.

AGRICULTURE USE

The use of land and on-farm buildings and equipment employed in the production of crops and/or livestock and livestock products (as those terms are defined at NYS Agriculture and Markets Law § 301) as a commercial enterprise.

AGRITOURISM

Agriculture related tours, events and activities used to attract people and promote the sales of farm produce and agricultural production, sale, education and enjoyment of agricultural products grown and manufactured on-site or locally.

ALTERATION

As applied to a building or structure: a) an enlargement by increasing in height or by extending on a side, front, or back; b) moving from one location or position to another; c) any change, addition, or removal of the structural parts; or d) any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors.

APPLICANT

Any person, firm, corporation, partnership, association or other entity who appears before the Planning Board or Zoning Board of Appeals seeking approval or relief.

AUTOMOBILE SERVICE STATION

The use of any building, land area or other premises: a) by any person required to be registered or licensed by the State of New York, for diagnosing or repairing motor vehicle malfunctions or for repairing motor vehicle bodies or other components; or b) by any person, whether or not required to be registered by the State of New York, whose activities at such premises consist primarily of changing motor vehicle oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, and similar minor motor vehicle repair and servicing functions. As used in this definition, the term "automobile service station" does not include junkyards or businesses involved in dismantling motor vehicles for recycling or the sale of used parts, and does not include minor motor vehicle repairs and servicing conducted on noncommercial, personal motor vehicles owned by the person conducting such repair or service.

AUTOMOBILE, VEHICLE AND EQUIPMENT SALES

The use of any building, land area or other premises for the display and sale, under license by the State of New York, of new and used automobiles of presently operable condition, panel trucks or vans; mobile homes or trailers, recreational vehicles, or farm and construction equipment, including any warranty repair work and other repair service as an accessory use. None of these terms, however, shall under any circumstance be deemed to include junkyards, collectors of itinerant vehicles or vehicle dismantling operations for other than routine repairs.

AWNING

An attachment to a building to provide shade for the occupants. Similar structures used for outdoor storage are not considered awnings, but are sheds or carports.

BASEMENT

The space of a building that has more than half its height, measured from floor to ceiling, below the established curb level or finished grade of the ground adjoining the building.

BED AND BREAKFAST DWELLING

A residence occupied by the owner or full-time manager resulting from the conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 guests, and containing not more than five bedrooms for such guests.

BREWERY/BREW PUB

A establishment that prepares handcrafted beer on-site as an accessory use intended for consumption on the premises or sale.

BUFFER AREA or BUFFER ZONE

Open space, landscape areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another use or property so as to visually shield or block noise, light, or other impacts.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

BUILDING DEPARTMENT

The Building Department of the Town of Forestburgh.

BUILDING HEIGHT

The vertical distance measured from the average level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.

BUILDING SETBACK LINE

The line, designated on a plan, beyond which no part of a structure shall extend.

BUILDING, AGRICULTURAL

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

CALIPER, TREE

The diameter of a tree as measured at a point six inches above the ground level (up to and including four-inch caliper size) and 12 inches above the ground level (for larger sizes).

CAMPGROUND

Any area of land which may contain five or more sites for tents, recreational travel vehicles, individual cabins or accommodations used for what is commonly known as a tent camp, or overnight camp, or is otherwise designed for temporary recreational purposes. For purposes of this definition, the noncommercial, recreational use of private property for personal use by the property owner or lessee, or guests thereof, is not a campground.

CANNABIS ON-SITE CONSUMPTION LOCATION

A establishment licensed by the Cannabis Control Board where cannabis is offered to adults for on-site consumption.

CARPORT

An open-sided structure for the storage and limited protection of no more than three personal vehicles. Carports may be freestanding or formed by latticework or a roof projecting from the side of a building.

CELL TOWER

See Town Code § 176-5.

CELLAR

See "basement."

CEMETERY

Land used or intended to be used for the burial of dead human beings and dedicated for such purpose, including columbariua, mausoleums, and mortuaries when operated as part of a cemetery and within its boundaries, but excluding crematoria.

CLEAR-CUTTING

The removal of substantially all trees and vegetation from a tract of land.

CLUBHOUSE

A building used by a business or membership organization for social or recreation purposes.

CODE ENFORCEMENT OFFICER

A person duly authorized and appointed by the Town Board to execute and enforce the New York State Uniform Fire Prevention and Building Codes and to administer and enforce the Town Zoning Law, this chapter and certain other local laws, ordinances, rules or regulations of the Town.

COLLEGE/UNIVERSITY

An educational institution authorized by the state to award associate, baccalaureate, or higher degrees.

COMMERCIAL RECREATION

See "recreaction, commercial."

COMMERCIAL USE

See "use, commercial."

COMPREHENSIVE PLAN

The Comprehensive Plan adopted by the Town Board for the future preservation and development of the Town of Forestburgh, as the same may from time to time be updated, supplemented, and amended, including without limitation by planning policy statements, goals, and standards adopted by the Town Board.

CONDITIONAL APPROVAL

Approval by the Planning Board of a preliminary or a final plat, subject to such conditions as may be set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the Office of the County Clerk as herein provided.

CONSERVATION EASEMENT

An agreement that permanently limits the type and amount of development on a specific parcel of land.

CONSTRAINED LAND

Land containing one or more of the following: state and/or federal protected freshwater wetlands; 100-year floodplains or flood hazard areas; steep slopes of 15% and greater; open bodies of water, including streams, ponds and lakes; roadways; or rock outcroppings.

DAY-CARE CENTER

Any nonresidential establishment caring for children or adults on a daily basis.

DECK

An uncovered attached freestanding portion of a dwelling with a floor but not a roof.

DWELLING

A building designed or used as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "two-family dwelling" or "dwelling group" shall not be deemed to include a motel, boardinghouse, tourist home or guest house.

DWELLING UNIT

A single unit having a minimum footprint of 450 square feet providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units include but are not limited to one-family dwellings, each unit in a two-family dwelling, each unit in a multiple-family dwelling (townhouse).

DWELLING, ONE-FAMILY

A building or portion thereof containing one dwelling unit on one lot.

DWELLING, TWO-FAMILY

A building or portion thereof containing two dwelling units on one lot.

FARM OPERATION

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise. Such farm operation may consist of one or more parcels of owned or rented land, which parcels must be contiguous.

FARM STAND

A building or structure for an agricultural producer to sell products directly to customers that is intended for the display and sale of primarily locally raised agricultural produce and products.

FARM STRUCTURES

Structures intended primarily or exclusively for support of an agricultural function or use.

FENCE

Any artificially constructed barrier of any material or combination of materials erected to enclose, protect, or screen areas of land or structures.

FENCE, AGRICULTURAL

An accessory structure enclosure that has the ability to allow visibility through the enclosure to the opposite side and is constructed for the specific intention of keeping farm animals within or wildlife out of a field, yard, or other such expanse of land. This shall not include chain-link fences.

FISH HATCHERY

Establishments devoted to hatching, raising or rearing fish.

FLOOD INSURANCE RATE MAP

The official map on which the Federal Emergency Management Agency (FEMA) has delineated the special flood hazard areas (SFHAs), the base flood elevations (BFEs) and the risk premium zones applicable to the Town.

FOREST MANAGEMENT

The practice of stewardship of wooded area for the purpose of promoting a balance of environment, recreational, and economic interests. Forest management practices include but are not limited to site preparation, planting, harvesting, logging road construction, insect and disease control, inventory, and fire protection.

FOREST PRODUCTS

Products obtained from stands of forest trees which have been either naturally or artificially established.

FORMULA BUSINESS

A type of retail sales establishment, restaurant, tavern, bar, or take-out establishment which is under common ownership or control or is a franchise, and is one of 10 or more other businesses or establishments worldwide maintaining two or more of the following features:

(1)

Standardized menu or standardized array of merchandise with 60% or more of in-stock merchandise from a single distributor bearing uniform markings.

(2)

Trademark or service mark, defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others, on products or as a part of a store design, such as the cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices.

(3)

Standardized color scheme used throughout the interior or exterior of the establishment, including but not limited to graphics, awnings, signage, and the like visible from the exterior of the structure.

(4)

Standardized interior decor, including not limited to style of furniture, wall covering, permanent fixtures, displays, or window treatments.

(5)

Standardized uniform, including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags).

FUNERAL HOME

An establishment primarily engaged in the provision of services involving the care or preparation of human dead and typically providing for indoor funeral services. May involve space and facilities for a) embalming and the performance of other services used in the preparation of the dead for burial; b) the storage for sale of caskets, funeral urns, and other related funeral supplies; and c) the storage between the use of funeral vehicles. Crematory facilities are excluded from this definition.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, if owned or leased by the occupant of the property; also, provided that no business, occupation or service is conducted for profit therein for more than one car if leased to a nonresident of the premises. This does not include carports.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain and which is used for storage of automobiles, boats, personal watercraft or other motor vehicles.

GAS STATION

Any establishment used for the retail sale of gasoline or other fuel for vehicles intended for use on the public highways and which may include a convenience retail store containing less than 1,000 square feet of customer floor area which shall not include the service or repair of motor vehicles.

GATHERING LINE OR PRODUCTION LINE

Any system of pipelines (and other equipment such as drip stations, vent stations, pigging facilities, valve box, transfer pump station, measuring and regulating equipment, yard and station piping, and cathodic protection equipment) used to move oil, gas or liquids from a point of production, treatment facility or storage area to a transmission line, which is exempt from the Federal Regulatory Commission's jurisdiction under Section 1(b) of the Natural Gas Act,[1] and which does not meet the definition of a "major utility transmission facility" under the New York State Public Service Law § 120(2).

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GRADE, ESTABLISHED

The elevation of the center line of the streets.

GRADE, FINISHED

(1)

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

(2)

The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling to a depth greater than six inches.

GREENHOUSE

A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers, produce or other tender plants.

GROUP CARE FACILITY

A home set up in size, appearance and structure to bear the general character of a family unit in a relatively permanent household, headed by at least one supervisory individual and occupied by between six to 12 persons, which is licensed or sponsored by a public social service or private nonprofit agency, subject to the approval by the New York State Department of Social Services or its successor agency.

HABITABLE FLOOR AREA

The floor area within the inside perimeter of the outside walls of the building under consideration, exclusive of unoccupied accessory areas such as vent shafts, corridors, stairways and mechanical rooms, but specifically inclusive of closets, kitchens and bathrooms. The area of habitable finished basements is included, but the area of unfinished basements and cellars is excluded.

HEIGHT

The vertical distance measured from the average elevation of the finished grade along the facade of the structure having the lowest average elevation to the highest point of the structure.

HIGH-FREQUENCY, HIGH-IMPACT TRUCK TRAFFIC

Any one of the following:

(1)

More than 20 one-way trips by high-impact trucks to or from the site of the proposed use during a twenty-four-hour period at any time during the duration of the use; or

(2)

More than 50 one-way trips by high-impact trucks to or from the site of the proposed use during any seven-day period at any time during the duration of the use; or

(3)

More than 700 one-way trips of high-impact trucks to and from the site of the proposed use during any 365-day period during the duration of the use.

HIGH-IMPACT TRUCK

A truck or tractor, as defined in the New York State Vehicle and Traffic Law, with three or more axles or 10 or more wheels, and capable of hauling a gross vehicle weight of 34,000 pounds or more. "Exempted vehicles "are excluded from the definition of high-impact trucks.

HIGHWAY FRONTAGE

That portion of any lot which bounds a street, as measured along the property line, which is coincidental with such street right-of-way or center line, or on a corner lot in which case frontage is along both streets.

HOME-BASED BUSINESS

A subordinate use of a nonresidential nature which is conducted within a dwelling unit, or permitted building accessory thereto, by a member of the family residing in the dwelling unit, which is clearly incidental and secondary to the use of the property for residential purposes and is otherwise in compliance with the requirements for the operation of a home-based business set forth in this chapter. Examples of home-based businesses are a physician, lawyer, or other professional office, an artist's studio, a woodworker's shop, a catering business.

HOME-BASED OCCUPATION

A subordinate use of a nonresidential nature which is conducted within a dwelling unit, or permitted building accessory thereto, by a member of the family residing in the dwelling unit, which is clearly incidental and secondary to the use of the property for residential purposes, which otherwise is in all respects in compliance with this chapter, but does not meet the requirements and definition of a home-based business. Remote working is an example of a home-based occupation. Day-trader or web design are other examples.

HOTEL

See "motels and hotels."

IMPERVIOUS SURFACE

Any material or surface that substantially reduces or prevents the infiltration of water into the ground. Examples are pavement (asphalt, concrete, etc.), buildings/structures, conventionally surfaced roadways, driveways, parking lots, and sidewalks.

INDUSTRIAL USE

Any mining, production, assembly, harvesting, or manufacturing operation requiring machinery and equipment. For purposes of this chapter, the following uses shall not constitute "industrial uses": a) agriculture use or forest management; b) residential use; c) commercial use; d) telecommunication facilities or communication transmission towers; e) small wind or small solar energy facilities and similar structures that do not release dust, dirt, fly ash, odors, fumes, or vapors or gases that could be injurious to human or animal health or to the environment; or f) retail gasoline station facility.

JUNKYARDS

Any area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used materials, including but not limited to wastepaper, rags, metal, glass, building materials, house furnishings, machines, two or more vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other disposition of the same.

KENNEL

Any establishment or building, including cages, animal runs, exercise areas and structures wherein five or more dogs or cats, or combination thereof, which are over six months old are harbored for commercial purposes, along with attendant services which may include any one or a combination of the following: boarding, grooming or training.

LAND DISTURBANCE

Any activity involving the clearing, cutting, excavation, filling, grading or any other activity that alters land topography or vegetative cover.

LIGHT-IMPACT INDUSTRIAL USE

The manufacture or assembly of finished products or parts predominately from previously processed or prepared materials (including fabrication, treatment, packaging, incidental storage, and sale and distribution of such products or parts); provided, that all operations are conducted entirely within an enclosed building, and provided, further, that such use: a) does not produce or generate or otherwise involve on-site use or storage of natural gas and/or petroleum extraction, exploration or production wastes; and b) does not involve high-frequency, high-impact truck traffic, or any other explicitly prohibited use pursuant to Chapter 132 of the Code of the Town of Forestburgh.

LIVESTOCK RELATED DEFINITIONS

(1)

ANIMAL HUSBANDRYThe care and breeding of domestic animals, including but not limited to cattle, sheep, hogs, goats, horses, poultry, ratites (such as ostriches, emus, rheas, and kiwis), farmed deer, farmed buffalo, and fiber-bearing animals such as alpacas and llamas. Operation of a private or commercial stable are types of animal husbandry. For purposes of this chapter, animal husbandry does not include ownership of individual companion animals such as dogs and cats, and does not include high-density industrial cattle, swine, or fowl production.

(2)

CAGE-TYPE POULTRY HOUSEA structure for the housing of poultry in elevated meshwork pens in which all the processes relating to the raising of poultry are accomplished without the removal of the birds from such enclosures.

(3)

FOWLIncludes, but is not limited to, domestic birds such as chickens, ducks, geese, turkeys and pheasants.

(4)

HIGH-DENSITY INDUSTRIAL CATTLE, SWINE, OR FOWL PRODUCTION (CONCENTRATED ANIMAL FEEDING OPERATION)

(a)

HIGH-DENSITY INDUSTRIAL CATTLE OR SWINE PRODUCTIONFacilities used for the feeding or holding for more than 45 days, in preparation for sale or slaughter or otherwise, of at least 200 cattle or calves, or 600 swine, in confinement areas, production facilities, or pens or lots, in any case in an area where the ground surface has been prepared with concrete, stone or similar materials to support the animals, or where crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season.

(b)

HIGH-DENSITY INDUSTRIAL FOWL PRODUCTIONFacilities used for the feeding or raising of at least 2,000 fowl, where there is one square foot or less of floor space per bird in those structures housing the fowl.

(5)

INTENSIVE USE LIVESTOCK OPERATIONSAny livestock-raising operation which concentrates substantial numbers of animals on a relatively small amount of land area including, but necessarily limited to, the following: beef, buffalo, dairy, equine, or other large animal operations with more than one animal per acre; sheep, emu, deer, goat and llama operations with more than five animals per acre; hog and ostrich operations with more than two animals per acre; chicken, duck, turkey, other poultry or rabbit operations with more than 100 animals per acre; other animals raised in close confinement, other than dogs and cats, based on their similarity to the above.

(6)

LIVESTOCK RAISINGThe keeping, fattening or breeding of various forms of farm, ranch and preserve animals including but not limited to rabbits, deer, dairy and beef cattle, hogs, sheep and goats, poultry, equines, ratites, llamas, fish and other farm, game and exotic animals raised as a source of income or as a novelty.

(7)

LIVESTOCK UNITFor purposes of this chapter a livestock unit shall be: a) one cow or two calves (for purposes of this definition, a "calf" is a bovine younger than one year old); b) two horses or two ponies; c) one pig or three goats or two sheep or two llamas, or two deer or two ratites; d) 50 fowl; e) 10 rabbits; or f) an equivalent number of other farm animals (determined by the Code Enforcement Officer or the Zoning Board of Appeals by reference to the amount of waste typically generated).

(8)

RATITEA flightless bird such as an ostrich or an emu.

LOT

A tract or parcel of land, not necessarily shown on a duly filed plat, which is occupied or capable of being occupied by a building, structure and accessories thereto.

LOT AREA

The total horizontal area included within lot lines.

LOT COVERAGE

That percentage of the lot covered by the footprint of the principal and accessory buildings area including uncovered porches, terraces, decks, steps, or with an impervious surface.

LOT IMPROVEMENT

The reconfiguration of existing lots of record that adjoin each other so as to transfer land from one such lot to the other without creating a greater nonconformity with the requirements of this chapter than might have previously existed, provided that any lot to be reduced in size shall thereafter comply with all provisions of this chapter and further provided that no greater number of lots are created. Existing lots of record may be combined into a larger lot or lots provided that it does not result in a greater nonconformity than previously existed and the lots have common ownership.

LOT LINE

Any line dividing one lot from another, also known as a boundary line.

LOT LINE, FRONT

The lot line, as measured from the street boundary line or, where title runs to the middle of the street, 25 feet from the street center line. On a corner lot, adjacent front lot lines shall be divided at the midpoint of their connecting curve.

LOT LINE, REAR

The lot line generally opposite to the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.

LOT WIDTH

The mean distance measured at the required minimum front yard depth setback along a line at right angles to the depth of front lot line and parallel to the street.

LOT, CLEARED

The amount of the area of a lot included within lot lines where the land will be physically altered by clearing of vegetation, leveling of the land, or construction of a structure, permanent or otherwise.

LOT, CORNER

A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.

LOT, DEPTH OF

The mean horizontal distance between the front and the rear lot lines, measured in the general directions of its side lot lines.

LOT, INTERIOR

A lot other than a corner lot.

MANUFACTURED HOME

A transportable single-family dwelling unit intended for permanent occupancy which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed on a chassis so that it might be towed, not including a modular or sectional dwelling, recreational vehicle or travel trailer.

MINING

(1)

Any of the following activities:

(a)

The extraction of overburden and minerals from the earth;

(b)

The preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, sorting, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use;

(c)

The removal of such materials through sale or exchange or for commercial, industrial or municipal use;

(d)

The disposition of overburden, tailings and waste at the mine location; or

(e)

Any combination of the above activities.

(2)

In no event shall "mining" be construed to mean, be or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities, nor shall "mining" include the excavation, removal and disposition of minerals from the site of, and incidental to, a construction project, or excavations incidental to bona fide agriculture use activities; provided, however, that such excavations, removal and disposition incidental to construction shall have received and be in compliance with all approvals required by this chapter.

(3)

For the purpose of this definition, the following terms are defined as indicated:

(a)

MINERALSAny naturally formed, usually inorganic, solid material located on or below the surface of the earth. Minerals include, but are not limited to, peat, topsoil, gravel, and stone. Natural gas and other petroleum products shall not be considered minerals.

(b)

OVERBURDENAll of the earth, vegetation and other materials that lie above or alongside a mineral deposit.

(c)

SPOIL AND TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.

MOTELS AND HOTELS

Establishments providing transient lodging accommodations for compensation to the general public with or without additional services such as restaurants, meeting rooms and recreational facilities. This classification does not include lodging businesses that are specifically listed elsewhere in this chapter under another definition, such as bed-and-breakfast or short-term residential rental.

MOTOR VEHICLE

Automobiles, light trucks (such as pickup trucks), panel trucks and vans, motorcycles, all-terrain vehicles, and travel trailers, recreational vehicles, and farm vehicles and equipment, but such term shall not include commercial trucks or construction machinery.

NATURAL GAS

See § 132-3 of the Code of the Town of Forestburgh.

NATURAL GAS AND/OR PETROLEUM EXPLORATION AND EXTRACTION ACTIVITIES

See Chapter 132 of the Code of the Town of Forestburgh.

NOISE

See Chapter 110 of the Code of the Town of Forestburgh.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure lawfully existing prior to the adoption of zoning regulations, or any amendment thereto, affecting such building or structure, which does not conform to one or more current dimensional regulations hereof for the district in which it is situated, irrespective of the use of such building or structure.

NONCONFORMING LOT

Any lot lawfully existing in single and separate ownership prior to the adoption of zoning regulations, or any amendment thereto, affecting such lot which does not conform to one or more current dimensional regulations hereof for the district in which it is situated. A lot created by subdivision approval and/or variance shall not be deemed a nonconforming lot, since the dimensional regulations pertaining thereto have been modified by the Planning Board and or Zoning Board of Appeals.

NONCONFORMING USE

Any use of a building, structure, lot, land or part thereof lawfully existing prior to the adoption of zoning regulations, or any amendment thereto, affecting such use, which does not conform to one or more current use regulations hereof for the district in which it is situated. Permission to conduct or continue a use not otherwise authorized under the district regulations granted by the Zoning Board of Appeals through a use variance shall not be a "nonconforming use" as herein defined, and, therefore, any such permission and the use which it authorized shall terminate upon the terms, conditions, and expiration of such Zoning Board of Appeals variance.

NURSERY

An establishment for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within or without an enclosed building.

NURSING HOME

Any facility which provides meals, lodging and nursing care for compensation and is appropriately licensed by the Department of Health.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations such as insurance and real estate or professional services such as a law office or engineering firm.

OFFICE PARK

A tract of land providing for more than one office building, designed, maintained and operated as a unit and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities and screening.

OPEN SPACE

Land left in a natural state for conservation and/or agricultural purposes or land landscaped for scenic purposes, or devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure. Open space may be included as a portion of one or more large lots or may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.

OPEN SPACE, USABLE

An unobstructed portion of a lot which has a minimum dimension of 10 feet in every direction, is landscaped and developed for active or passive recreational and leisure use, and is conveniently located and accessible.

OUTDOOR STORAGE

The storage of building supplies, raw materials, finished products, machinery and equipment outside the principal buildings.

OWNER-APPLICANT

The owner or owners of record or by operation of law of a tract or parcel, the division, reconfiguration or improvement of which requires approval of the Planning Board, or a person or persons holding an option to purchase a tract or parcel, contingent only upon receipt of Planning Board approval of a proposed division or improvement of such tract or parcel. The owner may be represented by a duly authorized agent or representative in the conduct of business before the Planning Board, except in those instances specified hereafter that require the appearance of the owner in person.

PARKING AREA OR SPACE, OFF-STREET

An off-street space available for the parking of one motor vehicle with an area not less than 10 feet by 20 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

PARKING LOT

An off-street, ground-level area with a dustless surface and improved proper markings, drainage, etc., for the temporary storage of motor vehicles.

PIPELINE

All parts of those physical facilities through which petroleum, natural gas, other gaseous substance, hazardous liquids, or chemicals move in transportation (including pipes, valves and other equipment and appurtenances attached to pipes and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump stations, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), whether or not laid in public or private easement or private right-of-way within the Town. This term includes, without limitation, gathering lines, production lines, and transmission lines.

PLACE OF WORSHIP

Any structure used for worship or religious instruction including but not limited to a church, chapel, mosque, or synagogue and including administrative rooms accessory thereto.

PLANNING BOARD

The Town of Forestburgh Planning Board.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

POLLUTION

The contamination or other diminution of the physical, chemical or biological properties of land, water or air, including a change in taste, color, turbidity or odor, and including a discharge of any liquid, gaseous, solid, radioactive or other substance on land, water or air, that will, or is likely to, create a nuisance or render such land, water or air harmful, detrimental or injurious to humans, animal life, vegetation or property, or to the public health, safety or welfare.

PORTABLE STORAGE UNIT

A transportable storage unit designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis, which is located for such purposes outside an enclosed building.

PRELIMINARY PLAT

A drawing, prepared in the manner prescribed in Chapter 148 of the Code of the Town of Forestburgh, showing the layout of a proposed subdivision, including but not limited to road and lot layout and approximate dimensions, key plan, topography and drainage, and all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as that chapter requires.

PRELIMINARY PLAT APPROVAL

The approval of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the final plat in accordance with the provisions of Chapter 148 of the Code of the Town of Forestburgh.

PRINCIPAL PERMITTED USE

A principal use allowed as a matter of right in the district in which it is permitted.

PRIVATE WATER SYSTEM

A system for the provision of water for human or animal consumption through pipes or other constructed conveyances, where such system has fewer than 15 service connections or regularly serves fewer than 25 individuals.

PROPERTY

Any lot, tract or parcel of land.

PUBLIC PARK

A protected area, in public ownership, in its natural or seminatural state or planted, and set aside for noncommercial human recreation and enjoyment or for the protection of wildlife or natural habitats. It may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas, and/or lavatories.

PUBLIC UTILITY

A facility that provides electric, gas, steam, telephone service, internet, water or sewerage directly to the general public. As used herein, a public utility is an entity which operates as a monopoly and whose rates charged to customers are established by a utility commission.

PUBLIC UTILITY FACILITIES

Building, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, valves, transmitters and receivers, and relating to the furnishing of utility services to the public.

QUARRY

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale 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.

RECREATION, ACTIVE

A recreational use taking place on a landscaped, maintained field or court, such as football, baseball, tennis, lacrosse, or bocce. Motor racing and shooting ranges are not within this definition of "active recreation."

RECREATION, COMMERCIAL

Facilities or equipment, exclusive of governmental facilities, for purposes of participant or spectator recreation or entertainment and utilized by the public for a fee. Examples include, but are not limited to, bowling alleys, ski slopes, canoe liveries, campgrounds, tennis courts, theme parks and golf courses.

RECREATION, INDOOR COMMERCIAL

An exclusively indoor commercial establishment in which athletic, recreational or physical activities, training or instruction are primarily conducted. Such facilities may include accessory outdoor recreational uses. Indoor commercial recreational facilities may include but are not limited to any of the following: tennis and other racquet courts, swimming pool, spa and sauna facilities, handball and other ball courts, nonmotorized cycling tracks, running tracks, skating, roller or skateboard rink or facility, health and physical fitness training or gym, including free weight and other physical fitness machines, climbing facility, self-defense or martial arts studios, fitness studios, bowling alleys, miniature golf, billiard tables, archery or shooting ranges. Indoor commercial recreational facilities may also include electronic and coin-operated devices such as electronic golf and batting cages, as well as other electronic devices such as video games, pinball, mechanical grab machines and the like. Indoor commercial recreational facilities may include meeting/training rooms, shower facilities, locker rooms, eating and drinking establishments as accessory uses and the sale of necessary equipment and appurtenances to the extent the accessory use is permitted in the particular district.

RECREATION, OUTDOOR COMMERCIAL

Leisure-time passive activities that are typically associated with open air, natural or semi-natural settings such as adventure racing, backpacking, bicycling, camping, canoeing, caving, fishing, hiking, hunting, kayaking, mountaineering, rock climbing, sailing, skiing and zip lining. It does not include such active sports such as football, baseball, basketball, tennis or other sports of similar type, as nature plays no role in the activity. Motor racing, shooting range and other activities which disrupt nature are not within this definition of outdoor recreation.

RECREATION, OUTDOOR MOTORIZED

A recreational use particularly oriented to and utilizing the outdoor character of an area on a motorized vehicle, including but not limited to snowmobile, jeep and all-terrain vehicles, or similar use in which no physical alteration to the land is made to accommodate the vehicle.

RECREATION, OUTDOOR NONMOTORIZED

Leisure-time activities that are typically associated with open-air, natural or seminatural settings, such as backpacking, bicycling, camping, canoeing, caving, fishing, hiking, hunting, kayaking, mountaineering, rock climbing, sailing and skiing.

RECREATIONAL VEHICLE

A vehicular camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers and truck campers.

RESTAURANT

A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute a majority of the gross sales receipts for food and beverages.

RESTAURANT, DRIVE-IN, DRIVE-THROUGH

A building and adjoining parking area used for the purpose of furnishing food, soft drinks, ice cream, and similar confections to the public normally for consumption outside the confines of the principal permitted building, or in vehicles parked upon the premises, or driven elsewhere regardless of whether or not, in addition thereto, seats or other accommodations are provided inside for the patrons.

RETAIL STORE

A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser excluding the sale of motor vehicles, commercial trucks and construction machinery.

SCHOOL

An institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.

SEQRA

The New York State Environmental Quality Review Act, Article 8 of the NYS Environmental Conservation Law, and any successor statute, together with any state regulations (presently 6 NYCRR Part 617) and local regulations promulgated thereunder.

SERVICE ESTABLISHMENT

An establishment providing personal services such as a beauty shop or barbershop. Does not include dry-cleaning shops.

SHORT-TERM RESIDENTIAL RENTALS

Property in which at least one room in a residential dwelling unit is rented for periods of less than three consecutive weeks.

SIGN

See § 180-18.

SKETCH PLAN

A conceptual sketch made on a topographic survey map showing the proposed subdivision or project in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located.

SKETCH PLAN REVIEW

The review of a conceptual layout of a proposed subdivision or project by the Planning Board. The review is limited to ensuring that the proposed subdivision meets the minimum lot and area requirements as set forth in this chapter, subject to approval of the plat in preliminary and/or final form in accordance with Chapter 148 of the Code of the Town of Forestburgh.

SLOPE OF SITE, MEANS OF

The vertical distance, in feet, between the highest elevation of a lot or development and the lowest elevation of a lot or development, divided by the horizontal difference between these two elevations, in feet, such horizontal distance ordinarily to be the natural course of stormwater runoff. Should the site be sufficiently large, in the judgment of the Planning Board, and heterogeneous in character (difference of one or more slope factors), the site should be divided into different measurement units, with a gradient defined for each.

SOLID WASTE

All putrescible and nonputrescible materials or substances, except domestic sewage, sewage treated through a publicly owned treatment works, or irrigation return flows, that are discarded or rejected as being spent or otherwise worthless, including but not limited to garbage, refuse, industrial and commercial waste, rubbish, tires, ashes, incinerator residue, construction and demolition debris, and discarded automobiles.

SPECIAL FLOOD HAZARD AREA

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year according to the FEMA Flood Insurance Rate Maps.

STABLE, COMMERCIAL

A structure or land use in or on which equines are kept for sale or hire to the public and/or on which breeding, boarding or training of equines is available for compensation.

STABLE, PRIVATE

An accessory structure or land use that is designed, arranged, used or intended to be used for the keeping of equines for the private use of the occupants of a principal dwelling and their guests, but in no event for hire.

STEEP SLOPES

All ground areas having a topographical gradient equal to or greater than 15%, measured by utilizing two-foot contours.

STREET

A way for vehicular traffic, including a road, avenue, lane, highway or other way designed and constructed in accordance with Chapter 144, Streets and Sidewalks, of the Code of the Town of Forestburgh.

STREET LINE

The dividing line between the street and the lot.

STRUCTURE

Anything constructed or erected with a fixed location on the ground above grade but not including poles, lines, cables, or other transmission or distribution facilities of public utilities.

SUBSTANDARD LOT

Any lot on record in the office of the Sullivan County Clerk which does not meet the minimum area, width or yard requirements for the district in which that lot is located.

SUBSTANTIAL IMPROVEMENT

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 before the damage occurred, if the structure has been damaged and is being restored. This term does not include any project for improvement of a structure to comply with state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of any structure or contributing structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

SUBSURFACE

Below the surface of the earth or of a body of water, as the context may require.

SURFACE DISTURBANCE

Any man-made change in improved or unimproved land subsurface and surface, including but not limited to construction, external repair, land-disturbing activity, grading, road building, pipe laying, or other activity resulting in a change in the surface or subsurface physical character of any land, including clearing, grubbing, dredging, grading, excavating, extracting, stockpiling, paving, berming, soil disturbance, placement of fill, or storage of equipment or materials in pits, ponds or detention facilities. For determining the area or extent of a surface disturbance, a proposed project may not be segmented into smaller components, but rather the entire scope and larger common plan of development of a project shall be taken into account even though multiple separate and distinct land development activities may take place at different times on different schedules.

SWIMMING POOLS

A structured in-ground or aboveground pool, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing, water more than 24 inches deep at any point. Includes indoor pools, hot tubs and spas.

SWPPP

Stormwater Pollution Prevention Plan, as required by the New York State Department of Environmental Conservation (DEC) in conformance with DEC technical standards and SPDES (State Pollutant Discharge Elimination System) stormwater permit requirements. A basic SWPPP consists of a plan for erosion and sediment control. A full SWPPP consists of a plan for erosion and sediment control plus a post-construction stormwater control plan.

TAVERN

An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks may be available for consumption on the premises.

TELECOMMUNICATIONS

See Chapter 176 of the Code of the Town of Forestburgh.

THEATER

A building or part of a building used to show motion pictures or for drama, dance, musical or other live performances.

TIMBER HARVESTING

A forest management practice involving the harvesting of timber.

TRACT

Any body of land, including contiguous parcels of land, under the control of one or more owners acting in concert as part of a common scheme or plan.

TRANSMISSION LINE

A pipeline that transports petroleum, natural gas, or water to end users as a public utility and which is subject to regulation either by: a) the Federal Energy Regulatory Commission's jurisdiction under Section 1(b) of the Natural Gas Act; or b) as a "major utility transmission facility" under the New York State Public Service Law § 120(2).

TRUCK TRAILER

A structure also commonly called a semitrailer, designed primarily to be pulled by a road tractor or carried on a railroad car. Common varieties include dry freight vans, refrigerated vans (reefers), flatbeds and tank trailers. For purposes of this chapter, intermodal freight containers are included in this definition of "truck trailer."

USE

The specific purposes for which land or a building is used or occupied or maintained.

USE TABLE

The Table of Use and Bulk Requirements.[2]

USE, COMMERCIAL

An activity involving the sale or rental or distribution of goods or services carried out for a fee.

USE, PERMITTED

A use of land specifically authorized within a zoning district.

USE, SPECIAL

A use of land specifically authorized within a zoning district and subject to approval of the Planning Board in accordance with the standards provided for such use.

VARIANCE

Permission to depart from the literal requirements of this chapter.

(1)

AREA VARIANCEThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.

(2)

USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

WAREHOUSE

A building, or part of a building, for the storage of goods, wares and merchandise, whether for the owners or for others, and whether public or private.

WAY

A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

WETLAND

Areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil.

WETLANDS, REGULATED

Wetlands regulated by New York State or federal regulations.

WETLANDS, UNREGULATED

Those areas that are inundated or saturated by surface water or groundwater 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.

WILDLIFE MANAGEMENT

Management of natural wildlife and associated habitats with the intent of enhancing the same to provide for conservation, hunting and/or fishing activities.

WIND ENERGY FACILITY

The structures and associated equipment which convert wind energy into usable mechanical or electrical energy, including towers, turbines, guy wires, associated anchors and foundations, mounts, connected facilities such as generators, alternators, inverters and batteries, and other associated equipment.

WINE TASTING ROOM

A facility in which wine products grown or processed on the owner's property may be tasted and sold.

YARD

An open space on the same lot with a structure.

YARD, FRONT

An open space extending across the entire width of the lot between the front of the principal building and the street line.

YARD, REAR

An open space extending across the entire width of the lot between the rear lot line and the wall of the principal building nearest the rear lot line.

YARD, REQUIRED SETBACK AREA

That portion of any yard required to satisfy minimum setbacks.

YARD, SIDE

An open space extending across the entire length of the lot between the side wall of the principal building and the side line of the lot and extending through from the front yard to the rear yard. Side yards shall be measured in a line perpendicular to side lot lines.

ZONING DISTRICT

A finite area of land, designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

ZONING MAP

The Zoning Map or Maps for the Town of Forestburgh, New York, together with all amendments subsequently adopted.

[1]

Editor's Note: See 15 U.S.C. § 717(b).

[2]

Editor's Note: Said table is included as an attachment to this chapter.

Where a term used in this chapter is not specifically defined above or in the context of its use herein, it shall have the generally accepted meaning that would be taken in the course of ordinary conversation, as defined in Webster's International Dictionary.