Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory use, building or structure" shall
include, but is not limited to, a private garage, garden shed, playhouse,
swimming pool, cabana, terrace or deck, private greenhouse, dock and
a tennis, platform tennis, paddle, racquetball or similar game court.
The term "accessory building" shall not include any building used
for sleeping purposes or containing cooking or sanitary facilities.
The term "accessory use" shall not include a heliport, helipad or
the taking off or landing of helicopters or aircraft except in a legitimate
emergency. Any dock shall be limited in use to the owner of the land
on the immediately adjacent foreshore of the offshore area in which
the dock is located, shall be used for no more than two boats and
shall not be used or maintained as a common dock or community dock.
[Added 8-4-1986 by L.L. No. 7-1986;
amended 9-6-1988 by L.L. No. 3-1988; 5-2-1989 by L.L. No. 2-1989; 5-2-1989 by L.L. No. 3-1989; 10-6-1998 by L.L. No. 3-1998; 12-7-1999 by L.L. No. 6-1999]
AGRICULTURAL ACTIVITY
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the construction of new structures associated with agricultural
activities.
[Added 11-3-2010 by L.L. No. 4-2010]
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 11-3-2010 by L.L. No. 4-2010]
BASEMENT
A story in a building, the floor level of which is below
finished grade at any point on the periphery of the building.
BEACH
The zone of unconsolidated earth that extends landward from
mean low water line to the waterward toe of a dune or bluff, whichever
is most landward. In cases where no dune or bluff exists, then the
beach shall be all land lying between such body of water and the landward
edge of beach grass or the upland vegetation if no beach grass is
naturally occurring.
[Added 8-23-2023 by L.L. No. 6-2023]
BILLBOARD
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction which is sold, offered or existing elsewhere than upon
the same lot where such sign is displayed or only incidentally upon
such lot.
BLUFF CREST
The highest surface point on a sloped bank prior to the transition
to flat or near-flat area landward.
[Added 8-23-2023 by L.L. No. 6-2023]
BUILDING
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
same as if no building was present. The term "building" shall include
the term "structure" as well as the following:
(3)
Walls, other than retaining walls projecting
above the ground not more than three feet at the higher ground level
and not more than four feet at the lower ground level.
(4)
Radio and television antennas, except for such
antennas installed on the roof of a building and extending not more
than 15 feet above the highest level of the roof of such building.
(5)
Pergolas, porches, outdoor bins and other similar
structures.
BUILDING ENVELOPE
The width, depth and height dimensions within which a proposed
structure is to be built on a lot in conformance with zoning regulations.
[Added 3-15-2023 by L.L. No. 3-2023]
CELLAR
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 11-3-2010 by L.L. No. 4-2010]
CLEARING
[Added 11-3-2010 by L.L. No. 4-2010; amended 3-15-2023 by L.L. No. 3-2023]
(1)
As applied to the act of clearing: the act of
removing trees, brush, or other vegetation and/or ground cover from
land, whether by any means, including but not limited to digging,
scraping, cutting, brushhogging, bulldozing, burning, chemical removal
or by any form of mechanical action. As used herein, the term "ground
cover" shall include naturally occurring understory vegetation (e.g.,
lowbush blueberry or indigenous grasses), as well as organic detritus.
The removal and/or maintenance of dangerous dead wood and nonnative
invasive species shall not qualify as "clearing." A list of nonnative
invasive species is available at Village Hall and on the Village's
website.
(2)
As applied to an area of land: all land which
has been altered from its natural state by the removal of trees, brush,
or vegetation and/or ground cover, including land which is lawn or
from which the ground cover has been removed. As used herein, the
term "natural state" shall mean and refer to the natural condition
of land without substantial alteration by human activity.
CURB LEVEL
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
DARK SKY COMPLIANT
All outdoor lighting fixtures shall be fully shielded. The
bulb must be fully recessed into an opaque top so that all light is
directed downward. All lighting fixtures shall be aimed downward and
installed as per the manufacturer's design and installation guidelines.
[Added 12-21-2022 by L.L. No. 9-2022]
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
[Added 11-3-2010 by L.L. No. 4-2010]
DEPARTMENT
The New York State Department of Environmental Conservation.
[Added 11-3-2010 by L.L. No. 4-2010]
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
[Added 11-3-2010 by L.L. No. 4-2010]
DEVELOPER
A person who undertakes land development activities.
[Added 11-3-2010 by L.L. No. 4-2010]
DISTURB
Any action to change, interfere with or otherwise destroy
natural vegetation beyond reasonable management purposes.
[Added 3-15-2023 by L.L. No. 3-2023]
DUNE
A ridge or hill of loose, windblown, or artificially placed
earth, the principal component of which is sand.
[Added 8-23-2023 by L.L. No. 6-2023]
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A boardinghouse or rooming house, convalescent home, hotel,
motel, inn or lodging, nursing or other similar home or other similar
structure shall not be deemed to constitute a dwelling unit.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
[Added 11-3-2010 by L.L. No. 4-2010]
FAMILY
[Amended 4-1-1975 by L.L. No. 1-1975; 3-2-1987 by L.L. No. 2-1987]
(1)
Any number of persons related by blood, marriage
or legal adoption, occupying a single dwelling unit, living and cooking
together as a single, nonprofit housekeeping unit; or
(2)
Any number of persons, not exceeding five, occupying
a single dwelling unit, living and cooking together as a single, nonprofit
housekeeping unit, where all are not related by blood, marriage or
legal adoption; provided, however, that a group of persons unrelated
by blood, marriage or legal adoption whose association or relationship
is temporary or seasonal in nature rather than of a permanent and
distinct domestic character shall not be considered a family, and
further provided that persons occupying group quarters, such as a
dormitory, a fraternity or sorority house or a seminary, shall not
be considered a family.
(3)
Notwithstanding the numerical limitation in subsection
(2) of this definition, a group of unrelated persons numbering more than five shall be considered a family if the Board of Appeals shall make a determination in a particular case (after application therefor, payment of a filing fee of $200, public notice and a public hearing) that a particular group is the functional equivalent of a traditional family.
(a)
The Board of Appeals shall not make such a determination
unless the Board of Appeals shall find that:
[1]
The group is one which in theory, size, appearance
and structure resembles a traditional family unit.
[2]
The group is one which will live and cook together
as a single, nonprofit housekeeping unit.
[3]
The association or relationship of the group
is of a permanent and distinct domestic character, rather than temporary
or seasonal in nature.
[4]
The group will consist of not more than two
persons for each conventional bedroom in the dwelling.
[5]
Use and occupancy of the dwelling by the group
will not conflict with a stable, uncongested single-family environment
and will be compatible with the character of the neighborhood in which
the dwelling is located.
(b)
Any such determination of the Board of Appeals
shall be limited to the status of a particular group as a family and
shall not be interpreted as authorizing any other use, occupancy or
activity. In making any such determination, the Board of Appeals may
impose such conditions and safeguards as the Board of Appeals shall
deem necessary or advisable in order to maintain the stability and
character of the neighborhood and protect the public health, safety
and welfare.
FERTILIZED VEGETATION
Areas of vegetation cultivated by man which require irrigation
or the application of fertilizers, pesticides, herbicides or other
substances in order to grow or maintain its existences.
[Added 3-15-2023 by L.L. No. 3-2023]
FLOOR AREA, LIVABLE
The projected area of a building on the ground within the
exterior walls, exclusive of garages, heater rooms, unheated porches
and breezeways. A split-level house with the principal floor at a
different level not exceeding four feet shall be considered a one-story
dwelling.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
[Added 11-3-2010 by L.L. No. 4-2010]
GROSS FLOOR AREA
The sum of the gross area of all floors of a structure measured to the exterior of the outside walls, including all accessory structures except as is otherwise provided in §
163-13.
[Added 9-7-2004 by L.L. No. 5-2004]
HEIGHT
The vertical distance measured from the average elevation
of the existing natural grade (before any fill has been or is proposed
to be placed thereon), as established on a plan prepared by a licensed
professional surveyor, at and along the side of the building or structure
fronting the nearest street to the highest point of the highest roof
or, in the case of a structure, to the highest point.
[Amended 10-6-1998 by L.L. No. 4-1998]
HOLIDAY AND TEMPORARY LIGHTING
Lighting which is used for a specified purpose and for a
limited time and is removed thereafter. Temporary lighting is only
allowed in conjunction with a mass gathering permit. Holiday lighting,
such as string lighting and other illuminated articles, is permitted
during any holiday period.
[Added 12-21-2022 by L.L. No. 9-2022]
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure as a residence.
Said activity shall not occupy more than 1/3 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling if so
used, and further provided that there shall be no external evidence
other than an announcement sign, and in no event shall there be any
equipment used in connection with said occupation which is capable
of emanating noise outside the structure. However, home occupations
shall not be construed to include such uses as the following: a clinic
or hospital, barbershop or beauty parlor, restaurant, breeding kennel
or antique dealer.
[Added 8-4-1986 by L.L. No. 7-1986]
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 11-3-2010 by L.L. No. 4-2010]
INDUSTRIAL STORMWATER PERMIT
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 11-3-2010 by L.L. No. 4-2010]
INFILTRATION
The process of percolating stormwater into the subsoil.
[Added 11-3-2010 by L.L. No. 4-2010]
JURISDICTIONAL WETLAND
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 11-3-2010 by L.L. No. 4-2010]
KELVIN (K)
A unit of measurement of the redness or blueness of white
light. The lower the Kelvin number, the more yellow and red will be
seen; the higher the Kelvin number the greater percentage of blue
light wavelengths, and the bluer the light will look.
[Added 12-21-2022 by L.L. No. 9-2022]
LAND DEVELOPMENT ACTIVITY
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.
[Added 11-3-2010 by L.L. No. 4-2010]
LANDMARK, HISTORIC
A site or building that has notable historical association or artistic qualities and is so designated by the Board of Trustees, pursuant to §
163-63.1.
[Added 9-1-1992 by L.L. No. 3-1992]
LANDOWNER
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 11-3-2010 by L.L. No. 4-2010]
LIGHT
Radiant energy in the visible spectrum, artificially generated
by electricity or gas flame.
[Added 12-21-2022 by L.L.
No. 9-2022]
LIGHT BULB
The origin of light and its housing, such as an electric
filament in a glass bulb.
[Added 12-21-2022 by L.L.
No. 9-2022]
LIGHT FIXTURE
A complete lighting unit consisting of one or more light
sources together with the parts designed to distribute light, position
and protect the lamp, and connect the lamp to the power supply. A
light fixture may include a ballast, the mounting apparatus, and photocells
or sensors, if any. Also known as a "luminaire."
[Added 12-21-2022 by L.L.
No. 9-2022]
LIGHT FIXTURE, FULLY SHIELDED
A light fixture with an opaque shield above the light source
so that, as designed and installed, the light fixture projects all
its light below the horizontal plane. Full cutoff fixtures are considered
fully shielded. See Appendix L1, Figure B.
[Added 12-21-2022 by L.L.
No. 9-2022]
LIGHT FIXTURE, UNSHIELDED or UNSHIELDED LIGHT
A light fixture which is not fully shielded and, as installed,
emits at least some light above the horizontal plane. Also classified
as a cutoff, semi-cutoff or non-cutoff light fixture. See Appendix
L2.
[Added 12-21-2022 by L.L.
No. 9-2022]
LIGHT SOURCE
The light-emitting parts of a light fixture, consisting of
the bulb, filament and any transparent, translucent or frosted elements
(covering over the light bulb) as well as any refractors, reflectors,
prismatic lenses, mirrors, or diffusers which emit or transmit light.
[Added 12-21-2022 by L.L.
No. 9-2022]
LIGHTING
Exterior lighting produced by artificial or solar means.
[Added 12-21-2022 by L.L.
No. 9-2022]
LOT
A parcel of land which is occupied or capable of being occupied
by one residence structure and the accessory buildings or uses customarily
incident to it, including such open spaces as are required by this
chapter.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed 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°.
LOT DEPTH
The minimum distance from the street line of a lot to the
rear lot line of such lot.
LOT LINE
Any boundary of a lot other than a street line.
LOT LINE, FRONT
The lot line generally along the street right-of-way bordering
a lot, except that in the case of a flag-shaped lot, the front lot
line shall be any one of the internal lot lines designated by the
owner.
[Added 4-3-1990 by L.L. No. 1-1990]
LOT LINE, REAR
The lot line generally opposite to the street line. In the
case of flag lots, the rear lot line shall be that internal lot line
generally opposite to the front lot line.
[Amended 4-3-1990 by L.L. No. 1-1990]
LOT WIDTH
The mean distance between side lot lines measured at right
angles to a line parallel to the average direction of the side lot
lines.
LUMEN
A measure of light energy generated by a light source. The
initial lumen rating of a lamp or light source is provided by the
lamp manufacturer and can often be found printed on the packaging.
See Appendix C for a lumens table.
[Added 12-21-2022 by L.L. No. 9-2022]
(1)
Under current standards (December 2022), 450 lumens equal a
forty-watt incandescent or six-watt LED (light-emitting diode) light
source. Current light bulbs are designed to use less energy. Wattage
is no longer a reliable way to gauge a light bulb's brightness. Lumens
measure brightness.
(2)
For example, a forty-watt incandescent bulb produces about 450
lumens of light. By comparison, an LED bulb produces that same 450
lumens but uses only about six watts. Lumens let you compare the brightness
of any bulb, whether it's a halogen incandescent, CFL (compact fluorescent),
or LED.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 11-3-2010 by L.L. No. 4-2010]
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, construction, subsurface
disposal and urban runoff sources.
[Added 11-3-2010 by L.L. No. 4-2010]
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 11-3-2010 by L.L. No. 4-2010]
POLLUTANT OF CONCERN
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 11-3-2010 by L.L. No. 4-2010]
PROJECT
Land development activity.
[Added 11-3-2010 by L.L. No. 4-2010]
RECHARGE
The replenishment of underground water reserves.
[Added 11-3-2010 by L.L. No. 4-2010]
REVEGETATION
The restoration of the floral component of an ecological
community where some or all of the natural vegetation has been removed.
Typically, this process consists of planting indigenous species of
trees, shrubs and/or grasses at a sufficient size and density to mimic
an adjoining or nearby plant community in appearance and/or function.
Most ecological communities are characterized by woody vegetation
but some (e.g., grasslands, tidal marshes, etc.) may be characterized
by herbaceous vegetation.
[Added 3-15-2023 by L.L. No. 3-2023]
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
[Added 11-3-2010 by L.L. No. 4-2010]
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special-concern species.
[Added 11-3-2010 by L.L. No. 4-2010]
SIGN
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.
SIGN AREA
Includes all faces of a sign measured as follows:
(1)
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
outline shall be included.
(2)
When such sign consists only of letters, designs
or figures which are 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.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
[Added 11-3-2010 by L.L. No. 4-2010]
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
[Added 11-3-2010 by L.L. No. 4-2010]
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
[Added 11-3-2010 by L.L. No. 4-2010]
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
[Added 11-3-2010 by L.L. No. 4-2010]
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
[Added 11-3-2010 by L.L. No. 4-2010]
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 11-3-2010 by L.L. No. 4-2010]
STORMWATER MANAGEMENT OFFICER
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 11-3-2010 by L.L. No. 4-2010]
STORMWATER MANAGEMENT PRACTICES (SMPs)
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 11-3-2010 by L.L. No. 4-2010]
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
[Added 11-3-2010 by L.L. No. 4-2010]
STORY
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there is no higher
finished floor, then that part of the building comprised between the
level on the highest finished floor and the top of the roof beams.
STORY, HALF
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
STREET
A street shown on the Official Map of the Village of North
Haven and improved to the satisfaction of the Planning Board.
STREET LINE
The dividing line between a lot and a street.
SURFACE WATERS OF THE STATE OF NEW YORK
Stony Brook Harbor, lakes, bays, the Long Island Sound, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets or canals, 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 11-3-2010 by L.L. No. 4-2010]
TRAILER
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"trailer" shall include vehicles if mounted on temporary or permanent
foundations with the wheels removed.
TREE UPLIGHTING
Uplighting which is used specifically to illuminate trees
on a residential lot.
[Added 12-21-2022 by L.L. No. 9-2022]
UPLIGHTING
Lighting which is directed above the horizontal plane.
[Added 12-21-2022 by L.L. No. 9-2022]
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
UTILITY-POLE-MOUNTED LIGHT
A lighting fixture which is installed on a pole owned or
maintained by a public utility but which is designed or intended to
illuminate private property.
[Added 12-21-2022 by L.L. No. 9-2022]
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 11-3-2010 by L.L. No. 4-2010]
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 11-3-2010 by L.L. No. 4-2010]
YARD, FRONT
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the principal building
and the front lot line of the lot and extending from side lot line
to side lot line in the case of interior lots. Corner lots shall have
two such front yards situated between said nearest roofed portion
of the principal building and the front lot line along each street.
YARD, REAR
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot and extending from side lot line
to side lot line.
YARD, SIDE
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot and extending from the front yard,
or from the front lot line where no front yard exists, to the rear
yard, or the rear lot line where no rear yard exists.