There is hereby established a new comprehensive
zoning plan for the Town of Chester, which plan is set forth in the
text and map that constitute this chapter. Said plan is adopted for
the purposes set forth in Article 16, §§ 261 and 263,
of the Town Law, which, in the interest of the protection and promotion
of the public health, safety and welfare, shall be deemed to specifically
include the following, among others:
A.
The facilitation of the efficient and adequate provision
of public facilities and services.
B.
To assure adequate sites for residences, industry
and commerce.
C.
The prevention and reduction of traffic congestion
so as to promote efficient and safe circulation of vehicles and pedestrians.
D.
The gradual elimination of nonconforming uses.
E.
The encouragement of flexibility in the design and
development of land in such a way as to promote the most appropriate
use of lands, to facilitate the adequate and economical provision
of streets and utilities and to preserve the natural and scenic qualities
of open lands.
F.
The preservation and protection of viable agricultural
land, streams, ponding areas, floodplains, reservoirs and watersheds.
G.
To assure adequate separation between uses and buildings
so as to promote safety, comfort, privacy and the preservation of
property values.
A.
General interpretation. All words used in this chapter
in the present tense include the future tense; all words in the plural
number include the singular number, and all words in the singular
number include the plural number, unless the natural construction
of the wording indicates otherwise; the word "building" includes the
word "structure"; the words "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"; the word "lot" includes the word
"plot"; the term "erected" shall be deemed also to include "constructed,
reconstructed, altered or moved." The word "may" is permissive; the
word "shall" is mandatory and not directory. The word "Town" means
the "Town of Chester" in the County of Orange, State of New York.
The terms "Town Board," "Board of Appeals" and "Planning Board" mean
the respective Boards of said Town.
B.
ACCESSORY BUILDING, STRUCTURE OR USE
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
AGRICULTURAL ACTIVITY
ALTERATION
APPLICANT
AUTOMOTIVE REPAIR SHOP
BANNER
BED-AND-BREAKFAST
BED-AND-BREAKFAST INN
BUILDING
BUILDING COVERAGE
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
CELLAR or BASEMENT
CHANNEL
CLEARING
CLUSTER DEVELOPMENT
COMMERCIAL VEHICLE
COMMUNITY-BASED SIGNAGE
COURT
CULTURAL FACILITY/CENTER
DAY-CARE CENTER (FACILITY)
DAY CARE OF CHILDREN
DAY CARE OF CHILDREN, FAMILY
DAY CARE OF CHILDREN, GROUP FAMILY
DAY CARE OF SCHOOL-AGE CHILDREN IN A GROUP FAMILY DAY-CARE HOME
DEDICATION
DESIGN MANUAL
DEVELOPER
DOG KENNEL
DOMESTIC ANIMAL
DUMP
DWELLING
DWELLING, ATTACHED
DWELLING, MULTIPLE
DWELLING, ONE- OR SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EROSION CONTROL MANUAL
FAMILY
FAMILY DAY-CARE HOMES
FLOOR AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
GAS STATION
GRADING
GROUND-MOUNTED SOLAR ENERGY SYSTEM
GROUP FAMILY DAY-CARE HOME
HEIGHT
HOME OCCUPATION
HOTEL
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
INN
JUNKYARD
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
LARGE-SCALE SOLAR ENERGY SYSTEM
LOT
LOT AREA
LOT AREA, BUILDABLE
LOT, CORNER
LOT, FLAG OR REAR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT WIDTH
MAINTENANCE AGREEMENT
MANUFACTURING
MIXED USE
MOBILE HOME
MOBILE HOME PARK
MOTEL
NET-METERING
NONCONFORMING BUILDING, STRUCTURE OR USE
NONPOINT SOURCE POLLUTION
NURSERY SCHOOL
OPEN SPACE AREAS
PARCEL
PERSON
PHASING
PLACE OF PUBLIC ASSEMBLY
POLLUTANT OF CONCERN
PRINCIPAL BUILDING OR USE
PROJECT
QUALIFIED SOLAR INSTALLER
RECHARGE
RELIGIOUS INSTITUTION
RESIDENCE
RESTAURANT, FAST-FOOD
RESTAURANT, STANDARD
RIDGELINE
ROOFLINE
SCHOOL, ART, DANCING, MUSIC, THEATER
SCHOOL, PRIVATE
SCHOOL, PUBLIC
SCHOOL, VOCATIONAL
SEDIMENT CONTROL
SELF-SERVICE STORAGE FACILITY
SENSITIVE AREAS
SIGN
SIGN AREA or SIGN SURFACE AREA
(1)
(2)
SIGN, BILLBOARD
SIGN, BUSINESS
SIGN, DIGITAL
SIGN, FREESTANDING
SIGN, WALL
SLAUGHTERHOUSE
SMALL-SCALE SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR PANEL
SOLAR THERMAL SYSTEM
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
SURFACE WATERS OF THE STATE OF NEW YORK
TOWNHOUSE or ROW HOUSE
TRAILER, HOUSE OR CAMPING
TRAVEL TRAILER COURT
USABLE OPEN SPACE
USE
UTILITY-SCALE SOLAR ENERGY SYSTEM
WATERCOURSE
WATERWAY
YARD
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
Words and terms. For the purpose of this chapter,
certain words and terms herein are defined as follows:
A permitted subordinate building, structure or use which
is clearly incidental to, customarily in connection with and located
on the same lot as the principal permitted use. An accessory building
attached to a principal building shall be deemed to be part of such
other building in applying the bulk regulations to such building.
An establishment having a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on premises by use of motion-picture devices or any other coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas or an establishment
with a segment or section devoted to the sale or display of such material.
A public or private establishment which may or may not be
licensed to serve food and/or alcoholic beverages, which features
topless dancers, strippers, male or female impersonators or similar
entertainers.
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons therein.
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, horse shows or similar operation,
or the construction of new structures associated with agricultural
activities.
[Added 3-6-2007 by L.L. No. 2-2007]
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extending on the front, rear or a side
or by increasing in height, or the moving from one location or position
to another.
A property owner or agent of a property owner who has filed
an application for a land development activity with the Town of Chester
Planning Board or Building Inspector.
[Added 3-6-2007 by L.L. No. 2-2007]
An establishment used for the repair, servicing or equipping
of automobiles and other vehicles intended for use on the public highways
and which may include gasoline sales as an accessory use where permitted
but which shall not include the storage, rental, sale or washing of
motor vehicles unless otherwise expressly permitted in this chapter.
The washing or cleaning of vehicles at an automotive repair shop shall
only be permitted as incidental to vehicle repair work.
A rectangular piece of cloth, plastic or similar pliable
material attached to a building for a limited period of time.
[Added 2-23-2011 by L.L. No. 2-2011]
A single-family dwelling with bedrooms converted or added
to provide up to four guest rooms for transient residents and serving
breakfasts for guests only.
Bed-and-breakfast facility with up to 20 bedrooms converted
or added to provide guest rooms and serving meals.[1]
A structure wholly or partially enclosed within exterior
walls and a roof, which is designed or intended for use as an enclosure,
shelter, protection or support of persons, animals or property.
The percentage of the total area of a lot covered by all
buildings, except for open porches, patios, steps and similar appurtenances.
[Amended 9-9-2008 by L.L. No. 4-2008]
A solar energy system that integrates photovoltaic modules
and components into the building structure, such as the roof, facade
or windows, and which does not alter the relief of the roof.
[Added 9-27-2017 by L.L.
No. 1-2017]
A story, the floor of which is more than 1/2 of its story
height below the average level of the adjoining ground.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 3-6-2007 by L.L. No. 2-2007]
Any activity that removes the vegetative surface cover.
[Added 3-6-2007 by L.L. No. 2-2007]
A residential development that modifies the lot dimensional
and area requirements in the Town of Chester Zoning Code for the purpose
of providing a benefit to the Town consistent with the Comprehensive
Plan. Cluster developments shall in no case exceed the permitted number
of building lots or dwelling units which could be permitted, in the
Planning Board's judgment, if the land were subdivided into lots conforming
with the minimum lot dimensional area and density requirements of
the zoning law applicable to the land in question and conforming to
all other applicable requirements. The phrase "all other applicable
requirements" means not only all applicable zoning and land use laws
and regulations but also any applicable county, state and federal
laws, regulations and requirements.
A licensed or unlicensed vehicle of more than one-ton capacity
that is issued for the transportation of persons or goods primarily
for financial gain. This definition shall be interpreted to include
all heavy construction equipment as a commercial vehicle.
A sign or signs that are placed to commemorate and/or attract
attention to a community festival officially recognized by the Town
Board.
[Added 2-23-2011 by L.L. No. 2-2011]
An open, unoccupied space, other than a required yard, on
the same lot with a building.[2]
An establishment for display, performance, or enjoyment of
heritage, history or the arts. This use includes but is not limited
to museums, libraries and arts performance venues by a public or private
entity.
[Added 9-27-2017 by L.L.
No. 1-2017]
A place, person, association, corporation, institution or
agency which is licensed by the New York State Department of Social
Services to provide day care, as defined herein, and in which parents,
guardians or others responsible for care place children. The name,
description or form of the entity which operates a day-care center
shall not affect its status as a day-care center.
Care provided for three or more children away from their
own homes in a day-care center, excluding those children receiving
family day care as defined herein. Such care shall be for more than
three hours and less than 24 hours per day per child to any child
accepted for care therein. The term "day care of children" includes
services provided with or without compensation or payment.
As used in Social Services Law § 390, licensed
care provided for three or more children away from their own homes
for less than 24 hours per day, for compensation or otherwise, for
more than five hours per week. The term is not intended to include
babysitting services of a casual, nonrecurring nature or in the child's
own home. The term is also not intended to include cooperative, reciprocative
child care by a group of parents in their respective domiciles.
Care provided for not more than 14 children away from their
own homes for more than three hours but less than 24 hours per day
in a group family day-care home as licensed by the New York State
Department of Social Services (NYSDSS), which is operated for such
purposes for compensation or otherwise.
Care provided to up to two children over the limits set forth
in 8 NYCRR 416.1(b) who are of school age and who are receiving care
during nonschool hours, including school holidays, vacations and the
summer, in accordance with the provisions of 8 NYCRR 416(e). "School-age
children" are children under the age of 14 who are in attendance at
a public or private school and are in kindergarten or a higher grade.
The deliberate appropriation of property by its owner for
general public use.
[Added 3-6-2007 by L.L. No. 2-2007]
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 3-6-2007 by L.L. No. 2-2007]
A person who undertakes land development activities.
[Added 3-6-2007 by L.L. No. 2-2007]
A structure used for the harboring of more than three dogs
that are more than six months old or more than 12 dogs that are under
six months old. Any dog owner whose dog(s) bear(s) more than one litter
of puppies that are of registered pedigree and offered for sale or
who provides kennel space for other owners for a fee shall, for the
purposes of this chapter, be considered as maintaining a dog kennel
and must adhere to all regulations governing the same.
[Added 6-7-2005 by L.L. No. 2-2005]
Any animal customarily kept by humans for companionship,
including but not limited to dogs, cats, birds, rabbits, hamsters,
mice, turtles and reptiles. Does not include domesticated farm animals
such as cattle, calves, horses, mules, sheep, goats or other similar
kinds of animals.
[Added 3-6-2007 by L.L. No. 4-2007]
A parcel of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purposes, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building used by one or more families living independently
of each other upon the premises. The term "dwelling" shall include
mobile homes, provided that they meet all of the requirements of this
chapter, the Building Code and all other laws, regulations and ordinances
applicable to dwellings.
A one-family dwelling with two common or party walls separating
it from adjacent dwellings on both sides, or one common wall in the
case of a dwelling located at the end of a group of attached dwellings,
but with no dwellings above or below each other.
A building or portion thereof containing more than two dwelling
units either side by side or above and below each other.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including cooking and plumbing facilities,
for only one family and having no enclosed space, other than vestibules,
entrances or other hallways or porches, or cooking or sanitary facilities
in common with any other family. A boardinghouse, dormitory, motel
or other similar structure shall not be deemed to constitute a dwelling
unit for the purposes of this chapter.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
[Added 3-6-2007 by L.L. No. 2-2007]
An individual or two or more persons related by blood or
marriage, or a group of not more than four persons who are not related
by blood or marriage living together as a single housekeeping unit
in a dwelling unit.
Day care as licensed by the New York State Department of
Social Services (NYSDSS) for not more than six children provided in
an individual's own home.
The sum of the gross horizontal areas of the several floors
of a building or dwelling unit. All dimensions shall be measured between
exterior faces or walls. In calculating floor area for off-street
parking requirements, the floor areas of all principal buildings on
a lot shall be considered.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for the storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
An 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 but which shall not include
the service or repair of motor vehicles.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 3-6-2007 by L.L. No. 2-2007]
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure.
[Added 9-27-2017 by L.L.
No. 1-2017]
The primary residence of a provider of group family day care
wherein day-care services, as defined herein, are provided to up to
10 children of all ages, including not more than four children under
two years of age or up to 12 children where all of such children are
over two years of age. Such home must be operated by a provider as
defined in 8 NYCRR 416.1(d) and must have at least one assistant,
as defined in Subdivision (e) of that same section, present during
the hours that care is provided.
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 such structure.
Any gainful occupation customarily conducted within a dwelling
by the residents thereof, clearly secondary to the use of the dwelling
for living purposes and which does not change the character of the
structure as a residence. Said activity shall not have more than one
nonresident employee and shall not occupy more than 1/2 the ground
floor area of the dwellings or its equivalent elsewhere in the dwelling
if so used. Permissible home occupations include but are not limited
to the following: art studio; dressmaking; offices of a clergyman,
lawyer, physician, dentist, architect, engineer or accountant; teaching
or tutoring, with musical, dancing and other instruction limited to
one pupil at a time. However, home occupations shall not be construed
to include uses such as the following: restaurant, clinic or hospital,
animal hospital, dog kennel, barbershop, beauty parlor or antique
shop.
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 or may not include dining facilities.
This term shall not be deemed to include an inn, bed-and-breakfast,
boardinghouse or other such accommodations.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 3-6-2007 by L.L. No. 2-2007]
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 3-6-2007 by L.L. No. 2-2007]
The process of percolating stormwater into the subsoil.
[Added 3-6-2007 by L.L. No. 2-2007]
A building containing a single dwelling unit in which more
than four and fewer than 15 sleeping rooms are provided by the owner/occupant
for compensation, for the accommodation of transient guests with or
without meals.
Any area of land, including buildings thereon, which is used
primarily for the collection, storage and sale of wastepaper, rags,
scrap metal or discarded material or for the collection, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof. Any lot on which two or more motor
vehicles are stored outside without current license plates for a period
of 60 days shall constitute 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" and which is regulated
by the New York State Department of Environmental Conservation, United
States Army Corps of Engineers, or by local law.
[Added 3-6-2007 by L.L. No. 2-2007]
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 total in area that is part of a larger common plan of
development or sale, even through multiple separate and distinct land
development activities may take place at different times on different
schedules.
[Added 3-6-2007 by L.L. No. 2-2007]
The legal or beneficial owner of land, including those holding
the right to purchase or lease land, or any other person holding proprietary
rights in the land.
[Added 3-6-2007 by L.L. No. 2-2007]
A solar energy system that is capable of producing over 12
kilowatts (kw) per hour and which serves only building(s) and structure(s)
on the lot upon which the system is located and may, in addition,
serve building(s) and structure(s) on adjacent lots.
[Added 9-27-2017 by L.L.
No. 1-2017]
One or more contiguous parcels of land united by common interest
or use, considered as a unit, designed to be used by one use or structure
or by a related group of uses or structures and the accessory uses
or structures customarily incident thereto, including such open spaces
as are required. A lot may be or may not be the land shown as a single
lot on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
An area of a lot which does not contain slopes of 25% or
greater for a contiguous area of 2,000 square feet, federal or state
wetlands, water bodies, floodplains or restrictive easements which
limit use.
[Amended 9-9-2008 by L.L. No. 4-2008]
A lot abutting upon two or more streets at their point of
intersection or a curved street. A lot abutting a curved street shall
be deemed to be a corner lot if the tangents to the curve at the points
of intersection of the side lot lines with the street lines intersect
at an interior angle of less than 135°.
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot
and having access to the road via a strip of land no greater than
50 feet wide or no less than 25 feet wide for its full length.
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed to be a side lot line.
The street line at the front of a lot. A corner lot or lot
abutting two or more streets shall be considered to front on the street
on which it has the least frontage. When a corner lot or lot abutting
two or more streets shall have equal frontage on both streets, the
owner may elect the street upon which he desires to front.
That lot line which is most distant from and is most nearly
parallel to the front lot line.
The distance between the side lot lines measured at the required
minimum front yard depths, or in a case where a building setback line
is established by the Planning Board at the time of subdivision approval,
which line is farther removed from the front lot line than the minimum
front yard depth, at such lines. The width shall be measured along
a line, which line is generally parallel to the front lot line. In
such case where a front lot line is curved, the dimension of lot width
shall be measured along a line which is perpendicular to a line bisecting
the lot from front to rear. Every point along a lot width line shall
be at least the minimum required distance from the front lot line.
A legally recorded document which acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices and/or other operational agreements for a parcel
or multiple parcels of land.
[Added 3-6-2007 by L.L. No. 2-2007]
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged
in quantity.
A building containing residential uses in addition to nonresidential
uses permitted in the zone. Mixed uses will only be allowed in the
LB-SL Zoning District and will allow for apartments above or to the
rear of businesses within the same building.
[Added 2-23-2011 by L.L. No. 2-2011]
Any vehicle mounted on wheels or fitted to be mounted on
wheels, movable either by its own power or capable of being drawn
by another vehicle and equipped to be used for living or sleeping
quarters or so as to permit cooking and which is in excess of 32 feet
in length. The term "mobile home" shall include vehicles if mounted
on temporary or permanent foundations with wheels removed.
A lot, parcel or site with appurtenant facilities and services, including designated mobile home spaces, to be used for single-family dwelling units in accordance with § 98-24.
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," or
"roadside hotel."
A billing arrangement that allows a solar energy system user
to receive credit for excess electricity generated and deliver such
excess electricity to the utility grid.
[Added 9-27-2017 by L.L.
No. 1-2017]
Any building, structure or use of any building, structure,
lot or land or part thereof lawfully existing at the effective date
of this chapter which does not conform to the regulations prescribed
for the district in which it is situated.
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 3-6-2007 by L.L. No. 2-2007]
A nonpublic school organized for the purpose of educating
six or more children less than seven years of age for less than three
hours per day; two sessions may be held daily, as registered with
and regulated by the New York State Education Department under 8 NYCRR
Part 125.
Areas where structural development of any kind is permanently
restricted by covenant or other device.
Any tract of land united by common interest or use, whether
or not divided by a public road and without reference to time of acquisition.
Such land divided by a railroad or a divided or limited-access highway
shall be deemed separate parcels.
Any individual, firm, company, association, society, corporation
or group.
Clearing or development of a parcel of land in distinct pieces
or parts, with the stabilization or development of each piece completed
before the clearing of the next parcel for stormwater or erosion protection
or for development of the next parcel.
[Added 3-6-2007 by L.L. No. 2-2007]
Meeting hall, clubhouse, auditorium, place of worship or
other structure or portion of a structure accommodating 25 or more
persons and used at regular or periodic intervals as a gathering place
for purposes of conference, deliberation, worship, entertainment,
amusement, recreation, education or performance of social, athletic
or cultural programs.
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 3-6-2007 by L.L. No. 2-2007]
The primary purpose for which a lot or building is designed
or used or in which the principal use is conducted. In certain cases,
more than two principal uses may be located in a single building or
on a single lot.
Land development activity.
[Added 3-6-2007 by L.L. No. 2-2007]
A person who possesses skills and knowledge related to the
construction and operation of solar energy systems, equipment and
installations and has received safety training on the hazards involved.
Persons who are on the list of eligible solar installers maintained
by the New York Energy Research and Development Authority (NYSERDA),
or are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purpose of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar energy
installers if the Town Building Inspector, or such other Town officer
or employee as the Town Board designates, determines such persons
have had adequate training to determine the degree and extent of the
hazard, the personal protective equipment and job planning necessary
to safely perform the installation. Such training shall include the
proper use of special precautionary techniques and personal protective
equipment, as well as the skills and techniques necessary to distinguish
exposed energized parts from other parts of electrical equipment and
to determine the nominal voltage of exposed live parts.
[Added 9-27-2017 by L.L.
No. 1-2017]
The replenishment of underground water reserves.
[Added 3-6-2007 by L.L. No. 2-2007]
A church, synagogue, temple, mosque, or other facility that
is used for worship by persons of similar beliefs and that is architecturally
designed and particularly adapted for the primary use of conducting
formal religious services on a regular basis.
[Added 9-27-2017 by L.L.
No. 1-2017]
Any building, the principal use of which is for dwelling
purposes and not including dwelling units above business uses in the
same structure.
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building.
Any establishment, however designated, whose primary use
is preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises. However, a snack bar
or refreshment stand at a public or quasi-public community swimming
pool, playground, playfield or park operated by the agency or group
or an approved vendor operating the recreational facilities and for
the convenience of the patrons of the facility shall not be deemed
to be a restaurant.
The highest elevation of the ground along a hill or series of hills. For the purpose of the Ridge Preservation Overlay District (RPOD), the ridgeline is the highest elevation of the ground along a hill or series of hills visible from viewpoints along the roads or highways specified in the RPOD regulations in § 98-26C(1).
That line formed by the facade of a building at the point
at which it meets the roof of the building.
An institution operated for instruction of art, dancing,
music, or theater only.
[Added 9-27-2017 by L.L.
No. 1-2017]
An institution not public which offers its students regularly
scheduled curriculum and formal education in arts, sciences or humanities,
and is registered and/or certified under regulations of the Commissioner
of the New York State Department of Education or chartered by the
Board of Regents of the University of the State of New York.
[Amended 9-27-2017 by L.L. No. 1-2017]
An institution under the jurisdiction of a public school
district and legally constituted by the State of New York to offer
free formal education to residents of the district in accordance with
the Education Law of New York State and chartered by the Board of
Regents of the University of the State of New York.
[Added 9-27-2017 by L.L.
No. 1-2017]
An institution conducting a regularly scheduled curriculum
of special study of a trade, commercial or vocational nature with
all instruction and curriculum occurring entirely within an enclosed
structure.
[Added 9-27-2017 by L.L.
No. 1-2017]
Measures that prevent eroded sediment from leaving the site.
[Added 3-6-2007 by L.L. No. 2-2007]
A facility containing a structure or structures containing
separate, individually leasable or rentable storage spaces of varying
sizes.
Groundwater recharge areas, water supply reservoirs and habitats
for threatened, endangered or special concern species.
[Added 3-6-2007 by L.L. No. 2-2007]
Any letter, word, model, banner, pennant, insignia, trade
flag, device or representation used as or which is in the nature of
an advertisement, attraction or directive.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outlined shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area within
which all of the matter of which such sign consists may be inscribed.
A billboard shall constitute an accessory use of property
in designated commercial, industrial and planned zoning districts.
A billboard is also referenced as an off-premises sign, which advertises
or depicts an establishment, service, merchandise, use, entertainment,
activity, or product that is not conducted, sold, produced, or furnished
upon the lot where the sign is located. A billboard may incorporate
the technology identified herein for a "digital sign." "Digital billboard"
shall mean a billboard which incorporates, in whole or in part, a
digital sign.
[Added 3-25-2015 by L.L.
No. 1-2015]
A sign which directs attention to a business or profession
conducted upon the property.
A sign that has or appears to contain movement or that appears
to change, caused by a method other than physically removing and replacing
the sign or its components, whether the real or apparent movement
or change is in the display, the sign structure itself, or any other
part of the sign. A digital sign often incorporates a technology allowing
the sign face to change the image without the necessity of physically
or mechanically replacing the sign face or its components. A digital
sign may include a rotating, revolving, moving, flashing, blinking,
or animated display and any display that incorporates rotating panels,
LED lights manipulated through digital input, electronic message centers,
or other similar methods or technologies that permit a sign face to
present different images or displays.
[Added 3-25-2015 by L.L.
No. 1-2015]
A sign not attached to a building or wall, which is supported
by one or more poles or braces or which rests on the ground or on
a foundation resting on the ground.
[Added 3-25-2015 by L.L.
No. 1-2015]
A sign painted or attached directly to and parallel to the
exterior wall of a building extending no greater than 12 inches from
the exterior face of a wall to which it is attached.
[Added 3-25-2015 by L.L.
No. 1-2015]
A USDA-regulated facility where the primary activity is the
killing, butchering, or packaging of animals for human consumption.
[Added 9-27-2017 by L.L.
No. 1-2017]
A solar energy system that does not produce more than 12
kilowatts (kw) per hour of energy or a solar thermal system, either
of which serves only the building(s) or structure(s) on the lot upon
which the system is located.
[Added 9-27-2017 by L.L.
No. 1-2017]
Space open to the sun and clear of overhangs or shade so
as to permit the use of a solar energy system.
[Added 9-27-2017 by L.L.
No. 1-2017]
A solar photovoltaic cell, module, panel or array or water
collector device, which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
[Added 9-27-2017 by L.L.
No. 1-2017]
Solar collectors, module controls, energy storage devices,
heat pumps, heat exchangers and other materials, hardware and equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation,
and distributed including the solar access necessary for the system
to operate as designed and any areas of land that are disturbed or
cleared to maintain that solar access, and any accessory or appurtenant
structures. Solar energy systems may include solar panel, solar thermal,
building integrated photovoltaic and concentrated solar energy systems.
For the purpose of this chapter, a solar energy system does not include
a solar energy system of four square feet or less.
[Added 9-27-2017 by L.L.
No. 1-2017]
A device for the direct conversion of solar energy into electricity.
[Added 9-27-2017 by L.L.
No. 1-2017]
A solar energy system that directly heats water or other
liquid using sunlight for such purposes as space heating and cooling,
domestic hot water and pool water.
[Added 9-27-2017 by L.L.
No. 1-2017]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 3-6-2007 by L.L. No. 2-2007]
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 3-6-2007 by L.L. No. 2-2007]
For purposes of this chapter, "specified anatomical areas"
shall be defined as follows: less than completely and opaquely covered
human genitals, pubic region or female breast below a point immediately
above the top of the areola or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
For purposes of this chapter, "specified sexual activities"
shall be defined as follows: human genitals in a state of sexual stimulation
or arousal, or acts of human masturbation, sexual intercourse or sodomy,
or fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
The use of practices that prevent exposed soil from eroding.
[Added 3-6-2007 by L.L. No. 2-2007]
An order issued by a municipal official or agency which requires
that all construction activity on a site be stopped.
[Added 3-6-2007 by L.L. No. 2-2007]
Rainwater, surface runoff, snowmelt and drainage.
[Added 3-6-2007 by L.L. No. 2-2007]
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 3-6-2007 by L.L. No. 2-2007]
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 3-6-2007 by L.L. No. 2-2007]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 3-6-2007 by L.L. No. 2-2007]
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
[Added 3-6-2007 by L.L. No. 2-2007]
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 3-6-2007 by L.L. No. 2-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 3-6-2007 by L.L. No. 2-2007]
Flow on the surface of the ground, resulting from precipitation.
[Added 3-6-2007 by L.L. No. 2-2007]
A space between the surface of any floor and the surface
of the next higher floor or, if no floor above it, the space between
the surface of any floor and the ceiling immediately above it.
A space under a sloping roof which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level and in which space
the floor area with a headroom of five feet or more occupies at least
60% of the total area of the story directly beneath.
A publicly dedicated right-of-way or a private right-of-way
improved to meet Town street specifications for vehicular and pedestrian
traffic, which affords the principal means of access to abutting properties.
The dividing line between a lot and the right-of-way of a
street.
Any combination of materials forming any construction, the
use of which requires permanent location on the ground or attachment
to something having permanent location on the ground.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, bodies
of surface water, natural or artificial, 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 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 3-6-2007 by L.L. No. 2-2007]
One of a series of attached dwellings containing two- to
three-story noncommunicating one-family dwelling units having a common
wall between each two adjacent sections. Each dwelling unit is in
separate ownership on a separate tax lot fronting on a street.
[Amended 9-9-2009 by L.L. No. 6-2009]
Any vehicle, house car, recreation or camping vehicle or
other type of portable or mobile vehicle to be used for living or
sleeping purposes which is not in excess of 32 feet in length.
Any premises on which are parked three or more trailers or
any premises used or held out for the purpose of supplying to the
public a parking space for three or more such trailers.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free from structures
of any kind and which is available and accessible to all occupants
of the building or buildings on said lot for purposes of active or
passive outdoor recreation. Said usable open space may include buffer
strips and fenced or screen-planted children's play areas.
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
A solar energy system that produces energy primarily for
the purpose of off-site sale and consumption.
[Added 9-27-2017 by L.L.
No. 1-2017]
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 3-6-2007 by L.L. No. 2-2007]
A channel that directs surface runoff to a watercourse or
to a public storm drain.
[Added 3-6-2007 by L.L. No. 2-2007]
The area of a lot generally unoccupied by any building and
extending along the lot lines and in towards the interior of the lot.
Such open space is unoccupied and unobstructed from the ground upward.
An open, unoccupied space within and extending the full width
of the lot between the front property line and the building.
An open, unoccupied space within and extending the full width
of the lot between the building and the rear line of the lot.
That portion of a yard regulated by this chapter which shall
be left open and unoccupied by any part of a building other than a
fence or retaining wall except as provided herein.
An open, unoccupied space within a lot between the side lot
line and the parts of a building nearest to such lot line. Such side
yard shall extend from the front yard to the rear yard.
[1]
Editor's Note: The former definition of “billboard,”
which immediately followed this definition, was deleted pursuant to
L.L. No. 1-2015, adopted 3-25-2015.
[2]
Editor's Note: The former definition of "coverage,"
which immediately followed this definition, was amended 9-9-2008 by
L.L. No. 4-2008.
