ARTICLE 2
DEFINITIONS
SECTION 2.01 CONSTRUCTION OF LANGUAGE
For the purpose of this Ordinance, certain
terms or words used herein shall be interpreted as follows:
A.
Words used in the present tense shall include the future; words used in
the singular number shall include
the plural, and the plural include the singular, unless context clearly
indicates the contrary.
B.
The word "shall" is mandatory and not discretionary. The word
"may" is permissive.
C.
The phrase "used for' includes "arranged for",
"designed for", "intended for", "maintained for"
or "occupied
for".
D.
The word "build" includes the words "erect" and
"construct". A "building" or "structure" includes
any part
thereof.
E.
The word "person" includes an individuall, a corporation, a
partnership, an incorporated association or any
other similar entity.
F.
In case of any difference of meaning or implication between the text of
this code and any caption or
illustration, the text shall control.
SECTION 2.02 DEFINITIONS
ACCESSORY STRUCTURE: A structure subordinate to the principal building on the lot and
used for purposes customarily incidental to that of the principal structure.
Where an accessory structure is attached to the structure in a substantial
manner, as by a wall or roof, such accessory structure shall be considered to
be part of the main structure.
ACCESSORY USE: A use which is customarily incidental and subordinate to the
principal use on a lot, and located on the same zoning lot therewith. An
accessory use may not be accessory to another accessory use.
AGRICULTURAL: The use of land for agricultural purposes,
including farming, dairying, pasturage agriculture, horticulture, silviculture
and animal and poultry husbandry and the necessary accessory uses for packing,
treating or storing the produce; provided, however, that the operation of any
such accessory uses shall be secondary to that of normal agricultural
activities.
ALTERATION:
As applied to a building, any of the following shall be considered to be
an alteration; a change or rearrangement of the structural parts, a change in
the entrance or exit facilities, an enlargement, whether by extending on a side
or by increasing in height or the moving from one position or location to
another.
ALTERATION: A property owner or
agent of a property owner who has filed an application for a
land development activity.
APPLICANT: A property owner or
agent of a property owner who has filed an application for a land development
activity.
ATTIC: An unfinished space immediately below the
roof of a main building.
BAR: A
business establishment primarily engaged in the retail sale of alcoholic
beverages for consumption on the premises.
Bars may include the sale of prepared food as an activity incidental to
the primary use stated above.
BAR, SPORTS: A bar that has on-site athletic or gaming
fields and/or courts which are utilized by its patrons.
BASEMENT: A space of full story height
constructed partly below grade and having at least half of its clear
floor-to-ceiling height above the average grade of the adjoining ground, and
which is not designed or used primarily for year-round living accommodations.
BED AND BREAKFAST: A structure containing up to four (4)
sleeping rooms which are designed or intended for occupancy by or are occupied
by one or more guests for compensation, including provision for a morning meal
only for the overnight guest. A bed and
breakfast is distinguished from a motel in that a bed and breakfast shall have
only one set of kitchen facilities and employ only those living in the house.
BUILDING:
Any structure, excluding fences, ether temporary or permanent, having a
roof supported by columns or walls, and intended for the shelter or enclosure
of persons, animals, chattels or property of any kind. A building shall include manufactured
homes, modular housing, utility sheds, garages, greenhouses, pole barns,
semi-trailers, vehicles situated on a parcel and used for purposes of a
building and similar structures. When a
building is divided into separate parts extending from the ground up, each part
so divided shall be deemed a separate building.
BUILDING AREA: The total areas taken on the horizontal plane
at the main grade level of the principal building and all accessory buildings,
excluding uncovered porches, terraces and steps.
BUILDING, FLOOR AREA: The sum of the gross horizontal area of all
of the floors of a principal building and all accessory structures on the same
lot, including basement areas devoted to residential use and the area of bays,
dormers, roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
BUILDING, FRONT LINE OF: The line of the wall of the building nearest
to the front line of the lot, including covered sun porches or parlors whether
or not enclosed, but not including steps.
BUILDING HEIGHT: The vertical distance measured from the
average grade to the highest point of the roof surface for flat roofs; to the
deck line of mansard roofs; and to the average height between eaves and ridge
for gable, hip and gambrel roofs. Where
a building is located on sloping terrain, the height may be measured from the
average ground level of the grade at the building wall.
BUILDING, PRINCIPAL: A building in which the primary use of the
lot on which the building is located is conducted.
BUILDING PERMIT: An authorization issued by the Town Codes
Enforcement Officer to move, erect or alter a structure within the Town.
BUSINESS OR COMMERCIAL: Pertaining or relating to the sale, exchange
or trade of goods or services, where such action is the principal use to which
the building or land is devoted. Also
means an accessory use of a building or land to an extent which is
unproportionate to the principal use. A
commercial use is an occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee of a property for more than seven
(7) days during a calendar year.
BUSINESS OFFICE: A building in which the administrative
functions of a business operation are carried out. This shall not include the storage, sale or
repair of any items related to the business operation.
CAMPGROUND:
An area or tract of land on which accommodations for temporary occupancy
are located or may be placed, including cabins, tents and other recreational
living units, and which is primarily used for recreational purposes and retains
an open air or natural character.
CELLAR:
That space of a building that is partly or entirely below grade, which
has more than half of its height, measured from floor to ceiling, below the
average elevation of finished grade of the ground adjoining the building and
which is not used primarily for year-round living accommodations.
CERTIFIED
PROFESSIONAL IN EROSION & SEDIMENT CONTROL (CPESC): A person who has received
training and is certified by CPESC
Inc, to review, inspect, and/or maintain erosion and sediment
control practices.
CHANNEL: A natural or
artificial watercourse with a definite bed and banks that conducts
continuously or periodically flowing
water.
CLEARING: Any activity that
removes the vegetative surface cover.
CLUB OR LODGE, PRIVATE: A non-profit association of persons, who are
bona fide members, which owns, hires or leases a building or land, the use of
which is restricted to members and their guests.
COMMERCIAL EXCAVATION/MINING: A parcel or part thereof used for the purpose
of extracting stone, sand, gravel or topsoil as a commercial product but
exclusive of the process of grading a lot preparatory to the location of a building
or use for which application for a permit under this Ordinance has been made.
CONTRACTOR YARD: A site on which a building or construction
contractor stores equipment, tools, vehicles, building materials and other
appurtenances used in or associated with building or construction. A contractor's yard may include outdoor
storage.
CONVENIENCE STORE: Any retail establishment offering for sale
prepackaged food products, household items and other goods commonly associated
with the same and having a gross floor area of not more than 5,000 square
feet. Also included may be the sale of
prepared foods and beverages for consumption off the premises.
DEDICATION: The deliberate
appropriation of property by its owner for general public use.
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.
DEVELOPER: A person who
undertakes land development activities.
DRAINAGE WAY: Any channel that
conveys surface runoff throughout the site.
DRIVE-THROUGH BUSINESS: A business establishment so developed that
its retail or service character is wholly or partly dependent on providing a
driveway approach staging area and service window or facilities for vehicles.
DUMPSTER:
A container, receptacle or other structure designed, intended or used
for the temporary storage of more than two (2) cubic yards of trash, green
waste, recyclables, construction debris or any other material to be put out for
collection.
DWELLING, ONE-FAMILY: A detached dwelling unit, other than a
manufactured home or temporary portable housing, designed for exclusive
year-round occupancy by one family only.
DWELLING, TWO-FAMILY: A detached dwelling unit, other than a
manufactured home or temporary portable housing, designed for exclusive
year-round occupancy by two (2) families living independently of each other.
DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling
units and designed for year-round occupancy by more than two (2) families
living independently of each other, exclusive of hotels, motels, rooming houses
or tourist homes.
DWELLING UNIT: One or more rooms in a residential building
which are arranged, designed, used or intended for use as a complete
independent living facility which includes permanent provisions for living,
sleeping, eating, cooking and sanitation for use by one family. No dwelling unit will be contained in its
entirety in any cellar or basement.
EASEMENT:
A right-of-way granted, but not dedicated, for limited use of private
land for private, public or quasi-public purpose, such as for franchised
utilities, a conservation easement or an access easement for a service drive,
and within which the owner of the property shall not erect any permanent
structures.
EROSION CONTROL: A measure that
prevents erosion.
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”.
EROSION AND SEDIMENT
CONTROL PLAN: A
set of plans indicating the specific measures and
sequencing to be used to control
sediment and erosion on a development site during and after
construction.
ESSENTIAL SERVICES: The erection, construction, alteration or
maintenance by public utilities, as defined herein, of underground, surface or
overhead gas, electrical, steam, fuel or water transmission or distribution
system, collection, communication, supply or disposal systems, including
towers, cellular communication towers, poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm and police call boxes, traffic signals,
hydrants and similar equipment in connection therewith, but not including buildings
which are necessary for the furnishing of adequate service by such utilities or
municipal departments for the general health, safety or welfare of the
public. Essential services shall not
include storage yards, cellular telephone towers, commercial reception towers,
air quality monitoring stations, school bus parking yards, sales or business
offices or any commercial buildings or activities.
FAMILY:
Any number of individuals, related by blood, marriage or adoption or not
more than five (5) individuals who are not so related, living together as a
single housekeeping unit.
FAMILY DAY CARE HOME: A family residence wherein day care services
are provided for three (3) to six (6) children of any age for more than three
(3) hours per day. The director of this
facility shall be a resident of the premises where these services are to be
provided. All state licensing
requirements are to be met and all operations are to be in accordance with NYS
Department of Social Services regulations.
FARM: Any
parcel of land containing at least five (5) acres which is used for the
commercial raising of agricultural products, livestock, poultry and dairy
products. It includes the necessary farm
structures within the prescribed limits as well as the storage of
equipment. It excludes the raising of
fur-bearing animals, riding academies, livery or boarding stables and dog
kennels.
FENCE: A
freestanding structure of metal or wood or any combination thereof resting on
or partially buried in the ground and used for confinement, screening or to
mark a boundary.
FENCE, OPEN: A fence which is open and largely
unobstructed for viewing the property behind it.
FENCE, SOLID:
A
fence which screens or obstructs the view of the property behind it.
FLOODPLAIN:
Lands at a specified elevation subject to periodic flooding that have
been defined by the Federal Emergency Management Agency (FEMA) as flood hazard
areas
(i.e., lands within the 100 year flood
boundary) in the flood insurance study for the Town of
FRONTAGE:
The linear dimension measured along the public street right-of-way line
or along the private road access easement.
GARAGE:
A building for the private use of the owner or occupant of a principal
building situated on the same lot as the principal building and used for the
storage of motor vehicles with no facilities for mechanical service or repair
of a commercial or public nature.
GRADE, ESTABLISHED: The elevation of the centerline of the roads
or streets as established by the proper authorities.
GRADE, FINISHED: The completed surface of lawns, walks or
roads, or the average of the finished ground level at the center of all walls
of a building.
GRADING: Excavation or fill of
material, including the resulting conditions thereof.
GREENHOUSE, COMMERCIAL: A business whose principal activity is the
selling of plants grown on the site, including any outside storage, growing or
display.
GREENHOUSE, PRIVATE: An accessory building used primarily for the
growing of plants for the personal use of the owner or resident of the property
only.
GROUP FAMILY DAY CARE HOME: A family residence wherein day care services
are provided for up to ten (10) children of any age for more than three (3)
hours per day, including not more than four (4) children under two (2) years of
age; or up to twelve (12) children where all such children are over two (2)
years of age. Care services may also be
provided for up to two (2) additional school age children during non-school
hours, including school holidays, vacations and the summer. The operator of the group family day care
home must reside on the premises and up to two (2) non-residents may be employed
as assistants. All state licensing
requirements are to be met and all operation is to be in accordance with NYS
Department of Social Services regulations.
HOME OCCUPATION: An occupation, profession, activity or use
that is clearly a customary, incidental and secondary use of a residential
dwelling unit, is conducted solely within the main building on the property and
does not alter the exterior of the property or affect the residential character
of the neighborhood.
HOSPITAL:
A facility for primary inpatient care and services for observation,
diagnosis and active treatment of patients with medical, surgical, obstetric or
chronic conditions requiring daily care and supervision of physicians and
professional medical support staff. A hospital may include 24-hour emergency
care services, inpatient/outpatient diagnostic and therapeutic services and
medical clinics. A hospital may include
a specialty or psychiatric hospital.
HOSPITAL, ANIMAL: An establishment for the diagnosis and medical
or surgical care of sick or injured animals, including facilities for the
temporary housing of such animals.
IMPERVIOUS
COVER: Those
surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and
water (e.g., building rooftops, pavement, sidewalks, driveways,
etc).
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.
INFILTRATION: The process of
percolating stormwater into the subsoil.
JUNK: Items including, but not limited to, old,
dilapidated, scrap or abandoned metal, paper, building material and equipment,
bottles, glass, appliances, furniture, beds and bedding, rags and rubber.
JUNK YARD:
A lot, land or structure, or part thereof, used for the collecting,
storage and sale of junk; or for the collecting, dismantling, storage and
salvaging of machinery, and for the sale of the parts thereof. Junk yard shall also mean any place of
storage or deposit, whether in conjunction with another business or not, where
two or more junk vehicles are held, whether for the purpose of resale of used
parts or materials therefrom or not.
Such term shall include any place of storage or deposit for any such
purpose of used parts or waste materials from motor vehicles which, taken
together equal in bulk two (2) or more such vehicles.
JUNK VEHICLE: Any motor vehicle, trailer or semi-trailer
which is inoperable and which by virtue of its condition cannot be economically
restored. In addition, any vehicle may
be presumed to be a junk vehicle when:
1. Valid license plates are not displayed
or license plates have been expired for more than sixty (60) days; or
2. Valid state inspection stickers, as
required for the use of the vehicle, are not displayed or have been expired
more than sixty (60) days; or
3. The vehicle remains in an inoperable
condition for more than ninety (90) days.
NOTE: Vehicles removed from the road and
stored on a seasonal basis for not more than six (6) months shall not be
considered to be junk vehicles.
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.
KENNEL, COMMERCIAL: A building or land used for the commercial
grooming, breeding, boarding, training or selling of more than three (3)
domesticated animals older than six (6) months of age.
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.
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.
LAUNDRY, SELF-SERVICE: A business that provides home-type washing,
drying and/or ironing machines for hire to be used by customers on the
premises.
LOADING SPACE: An off-street space on the same lot with a
building or group of buildings, used for the temporary parking of a commercial
vehicle while loading and unloading merchandise or materials.
LOT: A
parcel of land occupied, or intended to be occupied, by a building and its
accessory buildings, or by group dwellings and their accessory buildings,
together with such open spaces as are required, having at least the minimum
area required for a lot in the zone where such lot is located and having its
principal frontage on a public street or public way.
LOT COVERAGE: The part or percent of the lot occupied by
the above grade portion of all principal buildings, accessory structures and
uses, driveways, parking areas and sidewalks.
a. Front
b. Rear
c. Side
LOT, THROUGH: An interior lot having frontage on two more
or less parallel streets, as distinguished from a corner lot.
MAINTENANCE
AGREEMENT: A
legally recorded document that acts as a property deed restriction,
and which provides for long-term
maintenance of stormwater management practices.
MINI OR SELF STORAGE WAREHOUSE: A building or group of buildings in a
controlled access and fenced compound that contains varying sizes of
individual, compartmentalized and controlled access stalls or lockers for the
storage of consumer's goods.
MAJOR
MANUFACTURED HOME: A factory-built,
single family dwelling designed and built to meet the National Manufactured
Home Construction and Safety Standards Act on a frame and wheels including
plumbing, heating and electrical equipment so as to be towed on its own chassis
to its destination. A unit may contain
parts that may be folded, collapsed or telescoped when being towed, and
expanded later to provide additional cubic capacity, as well as two or more
separately towable components designed to be joined into one integral unit
capable of being again separated into the components for repeated towing. A recreational living unit shall not be
considered to be a manufactured
home.
MANUFACTURED HOME PARK: A parcel of land having an area of at least
five (5) acres which has been designed or improved prior to its occupancy for
the placement of two (2) or more
manufactured homes for non-transient use.
The term “Manufactured Home Park” shall not
include the placement of two manufactured homes on residentially used property
for the housing of parents, grandparents, brothers, sisters, aunts, uncles,
children or grandchildren or employees of an operating farm. The manufactured home(s) shall meet all
setback, bulk and coverage requirements of the zoning district in which it is
located
MODULAR HOME: A dwelling unit, partially prefabricated
off-site, having a total wood frame structure, and designed only for erection
or installation on a site-built permanent foundation and not designed to be moved once erected on
such foundation. Said modular home shall
have a minimum roof pitch of 3 on 12 and
shall be designed and manufactured in compliance with the New York State Uniform
Fire Prevention and Building Code. For
the purposes of this Ordinance, a modular home shall be considered to be a
single family dwelling unit.
MOTEL: A
building or group of buildings, whether detached or in connected units, used as
individual sleeping units designed primarily for transient automobile travelers
and providing for accessory off-street parking facilities.
MOTOR VEHICLE BODY SHOP: A place where the primary business is making
substantial repairs to and/or the painting of the shell or body of any motor
vehicle, The following services may also
be carried out; general motor vehicle repair, engine rebuilding, rebuilding or
reconditioning of motor vehicles, collision service, such as body, frame or
fender straightening and repair and overall painting and undercoating.
MOTOR VEHICLE REPAIR STATION: A place where the following services may be
carried out; general motor vehicle repair, engine rebuilding and rebuilding or
reconditioning of motor vehicles.
Automotive repair stations shall not include collision service or
painting and undercoating of motor vehicles. The sale of engine fuels may or
may not be carried out.
MOTOR VEHICLE SALES: A business establishment involved in the sale
or resale of more than one motor vehicle at any given time during one calendar
year.
MOTOR VEHICLE SERVICE STATION: A place where gasoline or any other motor
vehicle engine fuel (stored only in underground tanks), kerosene, motor oil,
lubricants, grease (for operation of motor vehicles) or minor accessories are
retailed directly to the public on the premises and where the servicing or minor
mechanical repair of motor vehicles or installation of mufflers or other
specialty items may occur. Automotive
service stations shall not include sale or storage of motor vehicles or
trailers (new or used).
MOTOR VEHICLE WASHING ESTABLISHMENT: Any structure or land where the washing
and/or waxing of motor vehicles is carried on manually or by either high
pressure spraying or the use of a chain or other conveyor system with water
jets, blower and/or steam cleaning device.
NON-CONFORMING BUILDING, LOT OR USE: A building, lot or use of land lawfully
existing at the time of enactment of this Ordinance, and which does not conform
to the regulations of the district or zone in which it is located.
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, silvicultural, mining,
construction, subsurface disposal and urban runoff sources.
NURSING HOME:
A facility providing rehabilitative inpatient
care and services in addition to long-term care for patients with chronic or
disabling medical conditions. The
services provided may include occupational and physical therapy, nursing care
and supervised residency.
PARKING SPACE: A space designed for the parking of one motor
vehicle and having an area of at least one hundred eighty (180) square feet,
with a minimum width of at least ten (9) feet
and a minimum depth of at least eighteen (18) feet, exclusive of driveways
and passageways giving access thereto.
PERIMETER
CONTROL: A
barrier that prevents sediment from leaving a site by either filtering
sediment-laden runoff or diverting the
runoff to a sediment trap or basin.
PERSONAL SERVICE ESTABLISHMENT: Any building where the primary occupation is
the repair, care and maintenance of personal properties that are worn or
carried about the person or are a physical component of the person. For the purpose of this Ordinance, personal
service establishments shall include, but not be limited to; barber shops,
beauty parlors, hair stylists, tailors, dressmakers, shoe cleaning or repair
shops and other similar places of business.
The term "personal service establishment" is not construed to
include offices of physicians, dentists and veterinarians, linen or diaper
service establishments or dry cleaning plants.
PHASING: Clearing a parcel of
land in distinct pieces or parts, with the stabilization of each piece
completed before the clearing of the
next.
PLANNED DEVELOPMENT: Land under unified control to be planned and
developed as a whole in a single development operation or a definitely
programmed series of development operations or phases. A planned development includes principal and
accessory structures and uses substantially related to the character and
purposes of the planned development. A
planned development is built according to general and detailed plans that
include not only streets, utilities, lots and building location, and the like,
but also site plans for all buildings as are intended to be located,
constructed, used and related to each other, and plans for other uses and
improvements on the land as related to the buildings. A planned development includes a program for
the provisions, operations and maintenance of such areas, facilities and
improvements as will be for common use by some or all of the occupants of the
planned development district, but which will not be provided, operated or
maintained at general public expense.
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 waterbody
that will receive a discharge from the land development
activity.
PROJECT: Land development
activity.
RECHARGE: The replenishment of
underground water reserves.
RECREATION ESTABLISHMENT, INDOOR: A building where the commercial operation of
recreational or amusement activities is conducted, including, but not limited
to a bowling alley, skating rink, theater, billiard parlor, gymnasium and game
arcade.
RECREATION ESTABLISHMENT OUTDOOR: A privately owned business which provides
outdoor recreational services to the general public, including, but not limited
to, miniature golf course, swimming pool, driving range, batting cage go-cart
track, skating rink, riding stable, tennis court and skiing facility.
RECREATIONAL LIVING UNIT: A manufactured recreational housekeeping
unit, not designed or intended for year-round living, including, but not
limited to, travel trailer, pick-up camper, converted bus, pop‑up camper,
camper trailer, tent or similar device.
RELIGIOUS INSTITUTION: A building where people regularly congregate
to participate in or hold religious services, meetings or other related
activities.
REPAIR SERVICE ESTABLISHMENT: Any building wherein the primary occupation
is the repair and general service of common household appliances including, but
not limited to musical instruments, sewing machines, televisions and radios,
washing machines, vacuum cleaners, power tools, electric razors and lawn
mowers.
RETAIL SALES ESTABLISHMENT: Any building wherein the primary occupation
is the sale of merchandise in small quantities, not for resale. Retail sales establishment shall not be
interpreted to include automotive oriented uses and neighborhood convenience
stores.
RESTAURANT:
An establishment whose principal business is the selling of unpackaged
food to the customer in a ready-to-consume state, where the customer usually
consumes these foods while seated at tables or counters located within the
building.
RESTAURANT, DRIVE-IN: An establishment that delivers prepared food
and/or beverages to customers in motor vehicles, regardless of whether or not
it also serves customers who are not in motor vehicles, for consumption either
on or off the premises.
SATELLITE DISH ANTENNA: A device
incorporating a reflective surface that is solid, open mesh or bar configured
and is in the shape of a shallow dish, cone, horn or cornucopia. Such devices shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrial and/or orbitally
based uses.
SCHOOL:
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools, junior high
schools and high schools.
SEDIMENT
CONTROL: Measures
that prevent eroded sediment from leaving the site.
SENSITIVE AREAS: Cold water fisheries,
shellfish beds, swimming beaches, groundwater recharge
areas, water supply reservoirs,
habitats for threatened, endangered or special concern species.
SETBACK:
The distance required to obtain the minimum required distance between
the front, side or rear lot lines and the building line or parking lot. Setbacks from a public street or private road
shall be measured from the right-of-way line or easement. Front setbacks along curvilinear streets shall
be established along a line connecting points along the side lot lines meeting
the required front yard setbacks.
Setbacks shall remain as open space as defined herein, unless otherwise
provided for in this Ordinance.
SHOPPING CENTER: A business or group of businesses which
provides a variety of merchandise and/or services which requires a location on
a major road and a large parking area to accommodate vehicular traffic. Such a center may be a small neighborhood
center, a discount store, or a mall, though this does not restrict such use to
be one or any one of these.
SILVICULTURE: The controlling of the
establishment, growth, composition, health, and quality of
forests.
SITE: A parcel of land or a
contiguous combination thereof, where grading work is performed as
a single unified operation (would
include all phases of a single development).
SITE DEVELOPMENT
PERMIT: A
permit issued by the municipality for the construction or alteration
of ground improvements and structures
for the control of erosion, runoff, and grading.
SITE PLAN:
A document or group of documents containing sketches, text, drawings,
maps, photographs and other material intended to present and explain certain
elements of a proposed development, including physical design, siting of
buildings and structures, interior vehicular and pedestrian access, the
provision of improvements and the interrelationship of these elements.
SPDES GENERAL PERMIT
FOR CONSTRUCTION ACTIVITIES GP-02-01: A
permit under the
State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction
activities to regulate disturbance of
one or more acres of land.
SPDES GENERAL PERMIT
FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
GP-02-02: 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
SPECIAL USE PERMIT: A permit issued by the Zoning Board of
Appeals to a person or persons intending to undertake the operation of an
activity upon land or within a structure which is not specifically mentioned as
a principally permitted use in this Ordinance and possesses a unique
characteristic found to be not injurious to the health, safety, convenience and
general welfare of the Town's inhabitants.
STABILIZATION: The use of practices
that prevent exposed soil from eroding.
STABLE, COMMERCIAL: A building where horses are kept for
commercial uses, including hire, sale, boarding or show.
STABLE, PRIVATE: A building, incidental to an existing
residential, principal use, that shelters horses and other livestock for the
exclusive use of occupants of the premises.
START OF
CONSTRUCTION: The
first land-disturbing activity associated with a development,
including land preparation such as
clearing, grading, and filling; installation of streets
and walkways; excavation for basements,
footings, piers, or foundations; erection of temporary
forms; and installation of accessory
buildings such as garages.
STOP WORK ORDER: An order issued which
requires that all construction activity on a site be
stopped.
STORMWATER: Rainwater, surface
runoff, snowmelt and drainage
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.
STORMWATER
MANAGEMENT: The
use of structural or non-structural practices that are designed to
reduce stormwater runoff and mitigate
its adverse impacts on property, natural resources and the
environment.
STORMWATER MANAGEMENT
FACILITY: One
or a series of stormwater management practices
installed, stabilized and operating
for the purpose of controlling stormwater runoff.
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.
STORMWATER MANAGEMENT
PRACTICES (SM Ps): 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.
STORMWATER POLLUTION
PREVENTION PLAN (SWPPP): A
plan for controlling stormwater runoff
and pollutants from a site during and
after construction activities.
STORMWATER
RUNOFF: Flow
on the surface of the ground, resulting from precipitation.
STORY: That
portion of a building above the basement or cellar included between the surface
of any floor and the surface of the
floor next above it, or if there be no floor above it, then the space between
any floor and the ceiling next above it.
STORY, HALF: That part of a building between a pitched,
hip gambrel or gabled roof and the uppermost full story, and having a floor
area at least half as large as the floor below it. Space with less than five (5) feet clear
headroom shall not be considered as floor area.
STREET
STRUCTURE:
Anything constructed or erected, the use of which requires location on
the ground or attachment to something having location on the ground. Structures include, but are not limited to,
principal and accessory buildings, towers, decks, fences, privacy screens,
walls, antenna, swimming pools, signs, gas or liquid storage facility and
manufactured homes. Essential public
utility poles, regulatory signs and the like are not considered structures when
located within required setback open spaces.
SUBDIVISION: The division of any
parcel of land into three or more lots, plots, sites or other division of land
for the purpose, whether immediate or future, of transfer of ownership or
building development. The term “Subdivision”
shall include re-subdivision in whole or in part of any plat, filed or unfiled,
which is entirely or partially undeveloped within a three year period.
SURFACE WATERS OF THE
STATE OF
springs, wells, rivers, streams,
creeks, estuaries, marshes, inlets, canals, the
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 manmade
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.
TRANSFER STATION: A facility where
waste materials from residences, commercial and industrial establishments are
transferred to vehicles which will take the materials to a landfill or other
disposal site.
VARIANCE:
An authorized departure, granted by the Zoning Board of Appeals, from
the requirements of this Ordinance.
WATERCOURSE: A permanent or
intermittent stream or other body of water, either natural or manmade, which
gathers or carries surface water.
WATERWAY: A channel that directs
surface runoff to a watercourse or to the public storm drain.
WAYSIDE STAND: A temporary structure, generally seasonal and
excluding a tent, designed for the display and sale of agricultural products.
YARD, FRONT: An open, unoccupied space on the same lot
with the main building, extending the full width of the lot and situated
between the street line and the front line of the building, including any
attached garage, projected to the side lines of the lot.
YARD, REAR:
An open space, unoccupied except for an accessory building, if any,
located on the same lot with the main building and extending the full width of
the lot and located between the rear line of the main building and the rear
line of the lot.
YARD, SIDE:
An open space, unoccupied except for an accessory building, if any,
located on the same lot with the main building and located between the
side-lines of the main building and the adjacent lot side-lines and extending
from the front yard to the rear yard.