A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future. Words used in the singular
number include the plural, and words used in the plural number include
the singular, unless the context clearly indicates the contrary.
B.
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof.
The word "lot" includes the word "plot" or "parcel." The word "person"
includes an individual person, a firm, a corporation, a co-partnership,
or any other agency of voluntary action.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit which does not exceed 700 square feet of
floor area and is contained within the primary residential structure.
[Amended 12-15-2015 by L.L. No. 3-2015]
A building detached from and subordinate to a main building
on the same lot and used for purposes customarily incidental to those
of the main building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
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 1-15-2008 by L.L. No. 2-2008]
A district created by the Ulster County Legislature in accordance
with the standards and procedures established in Article 25-§
of the Agriculture and Markets Law.
[Added 4-24-2003 by L.L. No. 2-2003]
As applied to a building or structure, a change or rearrangement
in the structural parts or existing facilities of such building or
structure, or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 1-15-2008 by L.L. No. 2-2008]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps.
That space of building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as one-half story in determining the permissible
number of stories.
A form of subdivision that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots permitted under a conventional subdivision or increase in
the overall density of development. The remaining land may be included
in large lots which exceed the area required in the zoning district
or devoted to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
[Added 10-17-2006 by L.L. No. 2-2006]
A story partly below finished grade, but having at least
one-half its height measured from floor to ceiling, but not less than
four feet, above average finished grade. A basement shall be counted
as one story in determining the height of a building in stories.
An establishment providing no more than five rooms for transient housing accommodations for durations of less than one week in length, which provides food and/or drinks only to persons occupying the transient quarters and provides off-street parking as required in § 200-39A(1)(a)[6].
[Amended 12-15-2015 by L.L. No. 3-2015]
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
[Added 8-20-2013 by L.L. No. 4-2013]
A sign or structure which directs attention to an idea, product,
business activity, service, or entertainment which is conducted, sold,
or offered elsewhere than upon the lot on which such sign is situated.
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three but no more than
five sleeping rooms are offered for rent, with or without meals. A
lodging house, or rooming house, shall be deemed a boardinghouse.
[Amended 12-15-2015 by L.L. No. 3-2015]
Any structure which is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing,
or enclosure of persons, animals or chattel.
See "accessory building."
A building surrounded by open space on the same lot.
A building in which is conducted the principal use of the
lot on which it is located.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A group of two or more principal buildings and any buildings
accessory thereto occupying a lot in ownership and having any yard
in common.
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law.
A term used to describe the size, volume, area, and shape
of buildings and structures, and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures, or other walls of the same building; and all open spaces
required in connection with a building, other structure, or tract
of land.
A group of two or more dwelling structures on a single premises
designed for seasonal occupancy and not more than one of which is
used for the purpose of all-year-round residence, which premises does
not include a public lobby or dining rooms serving guests. The term
"bungalow colony" includes a cottage or cabin colonies or development
but does not include a trailer park, trailer camp, boardinghouse,
hotel or motel.
Any parcel of land on which are located two or more tents,
shelters, or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, including
resorts and day camps, but not including a trailer park, boardinghouse,
hotel or motel, or bungalow colony.
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. A cellar shall not be counted
in determining the permissible number of stories.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 1-15-2008 by L.L. No. 2-2008]
Any activity that removes the vegetative surface cover.
[Added 1-15-2008 by L.L. No. 2-2008]
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the terms "commercial,"
"commercial uses," or any variation thereof, be construed to mean,
be, or include natural gas and/or petroleum extraction activities,
natural gas and/or petroleum exploration, extraction or production
wastes disposal/storage facility, natural gas and/or petroleum exploration,
extraction or production wastes dump, a natural gas compression facility,
a natural gas processing facility, or any other explicitly prohibited
uses.
[Added 8-20-2013 by L.L. No. 4-2013]
An agricultural enterprise, consisting of at least 10 acres
and boarding at least 10 horses, regardless of ownership, that receives
$10,000 or more in gross receipts annually from fees generated either
through the boarding of horses or through the production for sale
of crops, livestock, and livestock products, or through both such
boarding and such production. Under no circumstances shall this definition
be construed to include operations whose primary on-site function
is horseracing.
[Added 4-24-2003 by L.L. No. 2-2003]
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain, or a vehicle of any capacity
carrying a permanent-affixed sign exceeding one square foot in area
or lettering of a commercial nature.
See ”CTS facilities.”
[Amended 3-21-2006 by L.L. No. 1-2006]
A sign owned and maintained by the Town Board or by a group
of businessmen as approved by the Town Board, and which sign contains
several directional signs for the purpose of directing persons to
business and community establishments within the community.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery, or vehicles,
or parts thereof, which are in active use by a construction contractor.
A subdivision which is specifically designed to conserve
significant features of the natural and cultural landscape, and achieves
this result through flexibility in lot dimensions and designation
of protected open space.
[Added 10-17-2006 by L.L. No. 2-2006]
A large, privately owned lot comprising part of an area of
open land. The purpose of the conservancy lot is to provide surrounding
residents with visual access to open protected space, while keeping
the land under private ownership and maintenance. Only a small portion
of such lots may be developed; the remainder must be protected through
conservation easements and used in conformance with standards for
open protected space. Public access to conservancy lots is not required.
[Added 10-17-2006 by L.L. No. 2-2006
A subdivision in which lots are laid out in accord with the
basic dimensional standards of the district in which the property
is located as set forth in the Density Control Schedule.[1]
[Added 10-17-2006 by L.L. No. 2-2006]
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
Agricultural products which include the following or similar:
[Added 4-24-2003 by L.L. No. 2-2003]
Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans.
Fruits, including apples, peaches, grapes, cherries
and berries.
Vegetables, including tomatoes, snap beans,
cabbage, carrots, beets and onions.
Horticultural specialties, including nursery
stock, ornamental shrubs, ornamental trees and flowers.
Livestock and livestock products, including
cattle, sheep, hogs, goats, horses, poultry, ratites such as ostriches,
emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
Maple sap.
Christmas trees derived from a managed Christmas
tree operation whether dug for transplanting or cut from the stump.
Any structure, together with any appurtenances located thereon,
which is greater than 35 feet in height above existing ground level,
including but not limited to facilities, antennas, transmission and
receiving facilities of any nature, personal wireless service facilities,
communications stations, including freestanding or supported structures,
which are capable of receiving and/or transmitting signals or any
other medium for the purpose of communication, unless specifically
exempted by this chapter.
[Added 7-8-1998 by L.L. No. 2-1998; amended 1-22-2002 by L.L. No. 1-2002]
Any use customarily conducted entirely within a dwelling
and carried on solely by the inhabitants thereof, which use is clearly
secondary to the use of the dwelling purposes and does not change
the character. "Customary home occupation" shall include professional
practice by but not limited to a doctor, lawyer, architect, or engineer.
The deliberate appropriation of property by its owner for
general public use.
[Added 1-15-2008 by L.L. No. 2-2008]
The New York State Department of Environmental Conservation.
[Added 1-15-2008 by L.L. No. 2-2008]
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 1-15-2008 by L.L. No. 2-2008]
A person who undertakes land development activities.
[Added 1-15-2008 by L.L. No. 2-2008]
The utilization of a lot or tract of land for two or more
uses.
In the following list, each district shall be deemed to be
more restricted than the districts that follow it: R-1, R-2, R-3,
A-2, A-3, A-4, SR, B-1, B-2, I/B, I-1.
[Amended 8-1-2017 by L.L.
No. 5-2017]
A building, other than a hotel or motel, containing dwelling
units or rooms for the housing of nontransient persons attending or
employed by a community college, other college or university. Such
building may not contain kitchen and dining room facilities.
An open lot or part thereof, with appurtenant facilities
devoted primarily to the showing of moving pictures, on a paid-admission
basis, to patrons seated in automobiles or on outdoor seats.
[Amended 3-21-2006 by L.L. No. 1-2006]
A lot or land used primarily for the disposal by abandonment,
burial, burning, or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or waste material of any kind.
A building designed or used principally as the living quarters
for one or more families. The term "dwelling," "one-family dwelling,"
"two-family dwelling," "multifamily dwelling," "multiple dwelling,"
or "dwelling group" shall not be deemed to include a motel, hotel,
rooming house or other accommodations used for more or less transient
occupancy. (See "residences.")
A group of two or more dwellings occupying a lot in one ownership.
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
A building containing one dwelling unit only.
A building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
An open area, other than a right-of-way or parking area,
used for display, sale or rental of the following: heavy equipment
vehicles used in construction or farming, recreational vehicles (travel-trailers,
truck campers, camping trailers and self-propelled motor homes) and
house trailers. All equipment and vehicles shall be in operable condition.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
[Added 1-15-2008 by L.L. No. 2-2008]
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the terms "excavation
operations," "excavation," "quarrying," or any variation thereof,
be construed to mean, be, or include natural gas and/or petroleum
extraction activities, natural gas and/or petroleum exploration, extraction
or production wastes disposal/storage facility, natural gas and/or
petroleum exploration, extraction or production wastes dump, a natural
gas compression facility, a natural gas processing facility, or any
other explicitly prohibited uses.
[Added 8-20-2013 by L.L. No. 4-2013]
The explicitly prohibited uses defined and described in § 200-9 of this chapter.
[Added 8-20-2013 by L.L. No. 4-2013]
A family consists of (a) one person, or two or more persons
related by blood, marriage or adoption, or (b) not more than five
persons not necessarily related by blood, marriage or adoption, and
in addition any domestic servants who live together in a single dwelling
unit and maintain a common household.
The land and on-farm buildings (including farm worker housing),
equipment, manure processing and handling facilities, and practices
which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including
a commercial horse boarding operation as defined above.
[Added 4-24-2003 by L.L. No. 2-2003]
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, in computing height of building and other structures or for
other purposes, shall be the average elevation of all finished grade
elevations around the periphery of the building.
The aggregate sum of the gross horizontal areas
of the several floors of the building or buildings, measured from
the exterior walls or from the center lines of walls separating two
buildings. In particular, the floor area of a building or buildings
shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
head room of seven feet six inches or more.
Penthouses.
Attic space (whether or not a floor has actually
been laid) providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory
off-street parking.
However, the floor area of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purposes of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment with
structural headroom of less than seven feet six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
Uncovered steps: exterior fire escapes.
Terraces, breezeways, open porches, and outside
balconies and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
An area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, including any sale of motor
vehicle accessories, and which may or may not include facilities for
lubricating, washing (which does not require mechanical auto body
work), welding, or painting.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 1-15-2008 by L.L. No. 2-2008]
A permanent or temporary structure designed and/or used for
the culture and propagation of horticultural commodities and also
used for the retail sale of such commodities and other related items
such as fertilizer, mulch, seeds, tools and similar products.
[Added 4-24-2003 by L.L. No. 2-2003]
Specialized agricultural equipment, having a framework covered
with demountable polyurethane materials or materials of polyurethane
nature and lacking a permanent and continuous foundation, which is
specifically designed, constructed and used for the culture and propagation
of horticultural commodities. A temporary greenhouse may include,
but is not limited to, the use of heating devices, water and electrical
utilities, and supporting poles embedded in noncontinuous concrete.
A temporary greenhouse, except those used for retail sales, is considered
agricultural equipment when part of a farm operation.
[Added 4-24-2003 by L.L. No. 2-2003]
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of the
structure) to the highest point of such building or structure.
Any electric line operating at voltage in excess of 69 Kv.
A building containing beds for four or more patients, and
used for the diagnosis, treatment, or other care of ailments, and
shall be deemed to be limited to places for the diagnosis, treatment,
or other care of human ailments.
A building, or any part thereof, which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may contain one or more dining rooms.
A vehicle which is used or designed to be used for living
or sleeping purposes and which is customarily standing on wheels or
rigid supports. The term "house trailer" shall include the term "mobile
home" but not prefabricated or preconstructed homes. A prefabricated
or preconstructed home shall mean a structure so designed or constructed
as to permit occupancy for dwelling or sleeping purposes but which
is designed and constructed without wheels as an integral part thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 1-15-2008 by L.L. No. 2-2008]
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the terms "industrial,"
"industry," "industrial uses," or any variation thereof, be construed
to mean, be, or include natural gas and/or petroleum extraction activities,
natural gas and/or petroleum exploration, extraction or production
wastes disposal/storage facility, natural gas and/or petroleum exploration,
extraction or production wastes dump, a natural gas compression facility,
a natural gas processing facility, or any other explicitly prohibited
uses.
[Added 8-20-2013 by L.L. No. 4-2013]
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 1-15-2008 by L.L. No. 2-2008]
The process of percolating stormwater into the subsoil.
[Added 1-15-2008 by L.L. No. 2-2008]
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semi-solids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
[Added 8-20-2013 by L.L. No. 4-2013]
An area of land with or without buildings used for or occupied
by the storage, keeping, or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials, or the dismantling,
demolition, or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways shall be deemed to make the lot a junkyard.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
[Added 1-15-2008 by L.L. No. 2-2008]
Any place at which there are kept any number of dogs for
the primary purpose of sale or for the boarding, care or breeding
for which a fee is charged or paid.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
[Added 8-20-2013 by L.L. No. 4-2013]
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules. Notwithstanding any provision hereof to the contrary, for
purposes of this chapter, in no event shall the term "land development
activity," or any variation thereof, be construed to mean, be, or
include natural gas and/or petroleum extraction activities, natural
gas and/or petroleum exploration, extraction or production wastes
disposal/storage facility, natural gas and/or petroleum exploration,
extraction or production wastes dump, a natural gas compression facility,
a natural gas processing facility, or any other explicitly prohibited
uses.
[Added 1-15-2008 by L.L. No. 2-2008;
amended 8-20-2013 by L.L. No. 4-2013]
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added 1-15-2008 by L.L. No. 2-2008]
The enclosed floor area of a dwelling used or intended to
be used for living, sleeping, cooking or eating purposes, excluding
unfinished basements and cellars, rooms for heating equipment, garages,
porches, closets, bathrooms, water closet compartments, laundry, bungalows
and other unheated areas and including only such floor area under
a sloping ceiling for which the headroom is not less than five feet
six inches and then only if at least 75% of such floor area has a
ceiling height of seven feet six inches and if any such floor that
is situated above another story has access to the floor below by a
permanent built-in stairway.
A defined portion or parcel of land considered as a unit,
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use or ownership,
and the customary accessories and open spaces belonging to the same.
A lot situated at the junction and adjacent to two or more
intersecting streets when the interior angle of intersection does
not exceed 135°.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
A lot line which is coincident with a street line.
The lines bounding a lot as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines; or the width of a lot measured along the rear
line of the required front yard.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 1-15-2008 by L.L. No. 2-2008]
See "soil mining; mining; mineral mining."
[Added 8-20-2013 by L.L. No. 4-2013]
See "house trailer."
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space, and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes but is not limited to every type of similar establishment
known variously as an "auto court," "motor hotel," "motor court,"
"motor inn," "motor lodge," "tourist court," "tourist cabins," and
"roadside hotel."
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
[Added 8-20-2013 by L.L. No. 4-2013]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
[Added 8-20-2013 by L.L. No. 4-2013]
Any of the following in any form, and whether or not such
items have been excepted or exempted from the coverage of any federal
or state environmental protection laws, or have been excepted from
statutory or regulatory definitions of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste: a) below-regulatory concern radioactive material, or any
radioactive material which is not below-regulatory concern, but which
is in fact not being regulated by the regulatory agency otherwise
having jurisdiction over such material in the Town, whether naturally
occurring or otherwise, in any case relating to, arising in connection
with, or produced by or incidental to the exploration for, the extraction
or production of, or the processing, treatment, or transportation
of, natural gas, petroleum, or any related hydrocarbons; b) natural
gas or petroleum drilling fluids; c) natural gas or petroleum exploration,
drilling, production or processing wastes; d) natural gas or petroleum
drilling treatment wastes (such as oils, frac fluids, produced water,
brine, flowback, sediment and/or any other liquid or semi-liquid material);
e) any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum; f) soil contaminated
in the drilling, transportation, processing or refining of natural
gas or petroleum; g) drill cuttings from natural gas or petroleum
wells; or h) any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum. This definition
specifically intends to include some wastes that may otherwise be
classified as "solid wastes which are not hazardous wastes" under
40 CFR 261.4(b). The definition of "natural gas and/or petroleum extraction,
exploration or production wastes" does not include: i) recognizable
and nonrecongnizable food wastes; or ii) waste generated by farm use.
[Added 8-20-2013 by L.L. No. 4-2013]
Any of the following: a) tanks of any construction (metal,
fiberglass, concrete, etc.); b) impoundments; c) pits; d) evaporation
ponds; or e) other facilities, in any case used for the storage or
treatment of natural gas and/or petroleum extraction, exploration
or production wastes that: i) are being held for initial use; ii)
have been used and are being held for subsequent reuse or recycling;
iii) are being held for treatment; or iv) are being held for storage.
[Added 8-20-2013 by L.L. No. 4-2013]
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use
in connection with natural gas and/or petroleum exploration activities
or natural gas and/or petroleum extraction activities.
[Added 8-20-2013 by L.L. No. 4-2013]
The digging or drilling of a well for the purposes of exploring
for, developing, extracting, or producing natural gas, petroleum or
other subsurface hydrocarbons, including without limitation any and
all forms of shale fracturing.
[Added 8-20-2013 by L.L. No. 4-2013]
A facility constructed or operated to compress natural gas
that originates from a gas well or collection of such wells, operating
as a midstream facility for delivery of gas from a gas field for entry
into the transmission pipeline system; the term shall not include
the transmission pipeline itself; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
[Added 8-20-2013 by L.L. No. 4-2013]
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
[Added 8-20-2013 by L.L. No. 4-2013]
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure, or tract of land,
which does not conform to the use regulations for the district in
which such use is located, either at the effective date of this chapter
or as a result of subsequent amendments thereto.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
[Added 1-15-2008 by L.L. No. 2-2008]
A building with fewer than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children from
two to five years of age, inclusive, and operated on a regular basis,
including kindergartens, day nurseries, and day-care centers.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 1-15-2008 by L.L. No. 2-2008]
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 1-15-2008 by L.L. No. 2-2008]
A temporary, nonpermanent device, which announces, directs
or advertises any political, educational, charitable, philanthropic,
civic, professional, religious, or similar organization, campaign,
show, drive, movement, or event.
A lot, together with all the buildings and uses thereon.
Land development activity.
[Added 1-15-2008 by L.L. No. 2-2008]
That portion of a tract that is set aside for the protection
of sensitive natural features, farmland, scenic views, and other unique
features. Protected open space may be accessible to the residents
of the development and/or the Town, or it may contain areas of conservancy
lots which are not accessible to the public.
[Added 10-17-2006 by L.L. No. 2-2006]
An entity which typically operates as a monopoly, but in
any event whose rates charged to customers are established by a utility
commission. A public utility facility, structure, or use is a facility,
structure, or use which is operated by a public utility, and which
provides electric, gas, steam, CATV, telephone or other communication
service, water or sewerage directly to the general public. In no event
shall "public utility" or "public utility facility" be construed to
mean, be, or include a natural gas compression facility or a natural
gas processing facility, or any other explicitly prohibited use.
[Added 8-20-2013 by L.L. No. 4-2013]
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
[Added 8-20-2013 by L.L. No. 4-2013]
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radioactive material),
but only if such naturally occurring material has been moved from
its naturally occurring location through a mechanical or other man-made
process. Such material is "radioactive material" for purposes hereof,
whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the NYS Department of Labor, the US Nuclear Regulatory
Commission, the US Environmental Protection Agency, the US Department
of Energy, the US Department of Transportation, or any other regulatory
agency.
[Added 8-20-2013 by L.L. No. 4-2013]
The replenishment of underground water reserves.
[Added 1-15-2008 by L.L. No. 2-2008]
A building, or any part of a building, which contains living
and sleeping accommodations for permanent occupancy. Residences, therefore,
includes all one-family, multifamily, boarding-, fraternity and sorority
houses. However, residences shall not include the following:
An area of land on which is located a hotel or group of buildings
containing living and sleeping accommodations hired out for compensation,
which has a public lobby serving guests and contains one or more dining
rooms and recreation facilities.
Any establishment where horses are kept for riding, driving
or stabling for compensation.
The total public strip of land within which there is public
control and common right of passage and within which all pavements
and utility lines are located. All setbacks will be measured from
the right-of-way or 25 feet from the center line, plus setback specified.
[Amended 3-21-2006 by L.L. No. 1-2006]
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local produce to the general
public.
Measures that prevent eroded sediment from leaving the site.
[Added 1-15-2008 by L.L. No. 2-2008]
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
[Added 1-15-2008 by L.L. No. 2-2008]
The distance in feet from the street line to the principal
building on a lot.
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure which shall display
or include any lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking, or representation used as, or which
is in the nature of an announcement, direction or advertisement. A
sign includes a billboard, neon tube, fluorescent tube, or other artificial
light or string of lights, outlining or hung upon any part of a building
or lot for the purposes mentioned above, but does not include the
flag or insignia of any nation or of any governmental agency or of
any political, educational, charitable, philanthropic, civic, professional,
religious or similar organization, campaign, drive, movement or event
which is temporary in nature.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold, or offered elsewhere than
on the premises and only incidentally on the premises if at all.
The area within the shortest lines that can be drawn around
the outside perimeter of a sign, including all decorations and lights,
but excluding the supports if they are not used for advertising purposes.
All faces of the sign shall be counted in computing the area. Any
neon tube, string of lights, or similar device shall be deemed to
have minimum dimensions of one foot.
A sign which directs attention to a business or profession
conducted on the premises. A "For Sale" sign, or a "To Let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material or electricity or radio-activated or gaseous
material or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A sign designed to give forth any artificial light, or designed
to reflect such light deriving from any source which is intended to
cause such light or reflection.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership, or by a lease having a
term of not less than 30 years, regardless of any division of such
land into parcels for the purpose of financing.
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 (exclusive
of any manufacturing processes at the mine location); 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.
In no event shall "soil mining," "mining," or "mineral mining" be
construed to mean, be, or include natural gas and/or petroleum exploration
activities, natural gas and/or petroleum extraction activities, or
any other explicitly prohibited use, nor shall "soil mining," "mining,"
or "mineral mining" include: i) the excavation, removal or disposition
of minerals from the site of, and incidental to, a construction project
as to which all required permits are in force; and/or ii) excavations
incidental to bona fide farm use activities. For the purpose of this
definition:
[Added 8-20-2013 by L.L. No. 4-2013]
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. For purposes hereof, natural gas and other subsurface hydrocarbons shall not be considered minerals.
OVERBURDENAll of the earth, vegetation and other materials that lie above or alongside a mineral deposit.
SPOIL AND TAILINGSHave the meanings given to them by Article 23 of the NY ECL or any similar or successor statute.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 1-15-2008 by L.L. No. 2-2008]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
[Added 1-15-2008 by L.L. No. 2-2008]
The use of practices that prevent exposed soil from eroding.
[Added 1-15-2008 by L.L. No. 2-2008]
An order issued which requires that all construction activity
on a site be stopped.
[Added 1-15-2008 by L.L. No. 2-2008]
Rainwater, surface runoff, snowmelt and drainage.
[Added 1-15-2008 by L.L. No. 2-2008]
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.
[Added 1-15-2008 by L.L. No. 2-2008]
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 1-15-2008 by L.L. No. 2-2008]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 1-15-2008 by L.L. No. 2-2008]
The Town of Marbletown's Code Enforcement Officer who has
the authority to inspect stormwater management practices.
[Added 1-15-2008 by L.L. No. 2-2008]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 1-15-2008 by L.L. No. 2-2008]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 1-15-2008 by L.L. No. 2-2008]
Flow on the surface of the ground resulting from precipitation.
[Added 1-15-2008 by L.L. No. 2-2008]
That part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement," and "cellar.")
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to one-half
the floor-to-ceiling height of the story below.
An existing public way or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on a plat approved by the Town Planning Board
and/or recorded in the office of the County Clerk.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
A static construction of building materials, including buildings,
stadiums, sheds, display stands, storage bins, signs, reviewing stands,
gasoline pumps, mobile dwellings (whether mobile or stationary at
the time) and the like.
Below the surface of the earth, or of a body of water, as
the context may require.
[Added 8-20-2013 by L.L. No. 4-2013]
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
[Added 1-15-2008 by L.L. No. 2-2008]
A structure without any foundation or footings which is removed,
or intended to be removed, when the designated time period, activity,
or use for which the temporary structure was erected has ceased.
[Added 9-12-1990 by L.L. No. 1-1990]
A building consisting of a series of one-family attached
dwelling units having common party walls between each dwelling unit.
See "house trailer."
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation use.
A tract of land which is used or intended to be used for
the parking of two or more house trailers.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
[Added 8-20-2013 by L.L. No. 4-2013]
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
[Added 8-20-2013 by L.L. No. 4-2013]
This term is employed in referring to:
The Board's authorized departure from the terms of this chapter
in direct regard to conditions peculiar to an individual lot in accordance
with the procedures set forth thereto in this chapter.
[Added 3-21-2006 by L.L. No. 1-2006]
AREA VARIANCEThe authorization by the Board for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable regulations of this chapter.
USE VARIANCEThe authorization by the Board for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable regulations of this chapter.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 1-15-2008 by L.L. No. 2-2008]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 1-15-2008 by L.L. No. 2-2008]
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
[Added 1-6-2009 by L.L. No. 2-2009]
Wetlands designated by, or eligible for designation by, the
New York State Department of Environmental Conservation under Article
24 of the New York Environmental Conservation Law; or
Wetlands that are determined to satisfy the criteria set forth
in Section 404 of the Federal Clean Waters Act.
A yard extending across the full width of the lot and lying
between the front lot line of the lot and the nearest point of the
building.
A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest point of the
building.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
A yard situated between the building and the side line of
a lot and extending from the front yard rear line (or from the front
lot line, if there is no required front yard) to the rear yard front
line (or rear lot line).
[1]
Editor's Note: The Density Control Schedule
is included at the end of this chapter.
