All words used 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 "lot" includes the word "plot," and the word "shall" is mandatory.
The word "person" includes any legal entity as well as an individual.
The word "use" shall be deemed to also include "designed, intended
or arranged to be used." Unless otherwise specified, all distances
shall be measured horizontally.
For the purposes of this Part 1, certain words
and terms used herein are defined as follows:
A subordinate structure or building, the use of which is
incidental to that of the main structure, and which is located on
the same building lot or parcel of real property.
[Added 2-25-2004 by L.L. No. 1-2004]
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 5-16-2007 by L.L. No. 3-2007]
[Added 5-12-1990 by L.L. No.
3-1990]:
To change or rearrange the structural parts, windows or exit
facilities of a structure, including extension or increase in height
or 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.
[Added 5-16-2007 by L.L. No. 3-2007][1]
That portion of a building wholly or partly underground,
the bottom of the ceiling beams of which are no more than four feet
above the average finished grade.
A basement level shall be added to the total square footage
of the floor area of the main structure if the exposed grade is greater
than 50% of the wall area. In addition the basement shall be considered
a story in the total height calculations of the structure.
[Added 2-25-2004 by L.L. No. 1-2004]
Any sloping topographic feature, such as a hill, cliff, or
embankment, having all of the following characteristics:
[Added 12-19-2001 by L.L. No. 3-2001]
Runoff from the feature drains towards a body
of water; and
The vertical rise of the slope is at least 10
feet from the toe of the bluff to the top of the bluff; and
The grade of the slope, from the toe to a point
10 or more feet above the toe, averages 40% or greater; and
The linear extent of the feature, in the direction
parallel to the bluff line, is in excess of 25 feet.
The duly appointed Board of Appeals of the Village.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
[Amended 5-16-2007 by L.L. No. 3-2007]
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot and which is not used for
dwelling.
The area of a lot or parcel of real property within which
all structures must be confined as determined by the Zoning Code.
[Added 2-25-2004 by L.L. No. 1-2004]
The Building Inspector appointed in accordance with the Village
Building Administrative Local Law.[2]
The maximum percentage of lot coverage inclusive of all structures
and impervious surfaces.
[Added 2-25-2004 by L.L. No. 1-2004]
A building in which is conducted the main or principal use
of the lot on which such building is situated.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 5-16-2007 by L.L. No. 3-2007]
Any activity that removes the vegetative surface cover.
[Added 5-16-2007 by L.L. No. 3-2007]
The deliberate appropriation of property by its owner for
general public use.
[Added 5-16-2007 by L.L. No. 3-2007]
The New York State Department of Environmental Conservation.
[Added 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
A person who undertakes land development activities.
[Added 5-16-2007 by L.L. No. 3-2007]
A building designed or used exclusively as living quarters,
and shall not be deemed to include a motel, hotel, rooming house,
tourist home, tourist camp, mobile home, trailer, camping car, tent
or other similar temporary or mobile structure, whether or not made
secure to the land.
A detached building designed with an integrated floor plan
for use and occupancy by a single family, containing no more than
one room for cooking and not used as a so-called "model house" for
promoting the sale of improved or unimproved property.
[Amended 5-16-1981 by L.L. No. 1-1981]
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
[Added 5-16-2007 by L.L. No. 3-2007]
One person; two or more persons related by blood, marriage
or legal adoption; or two unrelated persons living together as a single
housekeeping unit.
The total of the horizontal areas of the several floors of
a building measured from the exterior faces of the walls, or in the
case of covered or enclosed porches, patios and decks, to the omitted
wall lines. Floor area shall include stairwells at each story, interior
balconies, mezzanines, attached garages and storage areas, attic spaces
designed and equipped to be used for habitable purposes, basements
where there exists a floor-to-ceiling height to the underside of the
ceiling joists of 10 feet or more, and all space within any portion
of a building wholly or partly underground constructed beyond the
footprint of a building’s first floor.
[Added 2-25-2004 by L.L. No. 1-2004;
amended 5-18-2005 by L.L. No. 10-2005]
The outline of the total area, which is covered by a structure’s
perimeter at ground level; includes roofed over and cantilevered structures.
[Added 2-25-2004 by L.L. No. 1-2004]
The extent of a parcel of land along a street or harbor.
An accessory building and/or part of a main building which
does not exceed a cumulative total of 1,500 square feet, and which
is designed or used for the housing of private passenger cars, private
trucks, and private agricultural equipment and machinery owned and
used by residents and their employees living on the premises.
[Added 5-18-2005 by L.L. No. 10-2005]
The natural elevation of the surfaces along a wall of a building
after the completed change in contour of lawns, gardens, walks or
roads adjoining such wall.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 5-16-2007 by L.L. No. 3-2007]
Guest houses for use solely by temporary guests, relatives
and domestic employees of the owner-occupants of existing one-family
dwellings. One such house shall be permitted on the same lot as a
one-family dwelling but only in the A and A-1 Districts. The Village
Board may establish, from time to time, such conditions on the location,
nature and length of occupancy of such houses so as to assure that
they will not be used except for purposes clearly incidental to the
maintenance and enjoyment of the principal use for the lot on which
they are located, except that any guest house in existence at the
time of the adoption of this definition may be continued in its then
usage.
[Added 2-25-2004 by L.L. No. 1-2004]
The height of a structure shall be measured from the mean
level of the existing undisturbed grade or the proposed final grade,
whichever is more restrictive, along the perimeter of the structure
to a point midway between the peak and the eaves of the highest section
of the roof, provided that chimneys, spires and similar projections
shall not be included in the height if they do not exceed a combined
total of 10% of the gross horizontal area of the entire roof, and
further provided that in no case shall the maximum elevation of the
highest point of any roof exceed 40 feet.
[Amended 5-18-2005 by L.L. No. 10-2005]
Any portable or mobile vehicle used or designed to be used
for living or sleeping purposes, and shall include such a vehicle
if mounted on temporary or permanent foundations, with or without
the wheels in place.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 5-16-2007 by L.L. No. 3-2007]
A surface composed of any material that significantly impedes
or prevents natural infiltration of water into the soil. Impervious
surfaces include, but are not limited to, roofs, buildings, paved
driveways, streets, parking areas, tennis courts, swimming pools,
etc.
[Added 2-25-2004 by L.L. No. 1-2004]
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 5-16-2007 by L.L. No. 3-2007]
The process of percolating stormwater into the subsoil.
[Added 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
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 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 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
An establishment primarily intended to accommodate patrons
spending one or more nights, but shall not include a discotheque or
a bar without a restaurant.
A parcel of land held in single and separate ownership, not
divided by or lying within a street or streets, occupied or to be
occupied by a building or by a building and accessory buildings, together
with such open spaces as are required by this Part 1, and having its
principal frontage on a street.
A lot of which at least two adjacent sides abut on streets.
The property lines bounding a lot as defined herein, except
that the front lot line shall be the street right-of-way line.
Main or principal residential structure inclusive of all
heated living space, covered porches, covered patios and attached
garages.
[Added 2-25-2004 by L.L. No. 1-2004]
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
[Added 5-16-2007 by L.L. No. 3-2007]
A building, lot or structure, the size, dimension or location
of which was lawful prior to the adoption of this Part 1 or an amendment
to it but which does not conform to the present requirements of this
Part 1.
[Added 5-12-1990 by L.L. No. 3-1990]
A use of a building or of land that does not conform to the
regulations as to the use in the district in which it is situated,
which use was lawful at the time this Part 1 or any amendment thereof
became effective.
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 5-16-2007 by L.L. No. 3-2007]
An off-street space available for the parking of one or more
motor vehicles on a transient basis, having a depth of not less than
20 feet and a width of 10 feet per vehicle, exclusive of passageways
and driveways appurtenant thereto, and giving access thereto and having
direct usable access to a street or driveway.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 5-16-2007 by L.L. No. 3-2007]
The duly appointed Planning Board of the Village.
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 5-16-2007 by L.L. No. 3-2007]
Land development activity.
[Added 5-16-2007 by L.L. No. 3-2007]
The replenishment of underground water reserves.
[Added 5-16-2007 by L.L. No. 3-2007]
An eating establishment in which food is prepared and served
to patrons seated at tables or counters inside the building. Any such
establishment may be licensed to sell alcoholic beverages but shall
not permit dancing.
Measures that prevent eroded sediment from leaving the site.
[Added 5-16-2007 by L.L. No. 3-2007]
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special-concern species.
[Added 5-16-2007 by L.L. No. 3-2007]
The required minimum distance measured between a lot line
and the closest element of a building or structure of that site.
[Added 2-25-2004 by L.L. No. 1-2004]
A line parallel to the lot line and at a distance therefrom
equal to the required minimum yard for the district in which located.
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 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
The use of practices that prevent exposed soil from eroding.
[Added 5-16-2007 by L.L. No. 3-2007]
An order issued which requires that all construction activity
on a site be stopped.
[Added 5-16-2007 by L.L. No. 3-2007]
Rainwater, surface runoff, snowmelt and drainage.
[Added 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
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 5-16-2007 by L.L. No. 3-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 5-16-2007 by L.L. No. 3-2007]
Flow on the surface of the ground, resulting from precipitation.
[Added 5-16-2007 by L.L. No. 3-2007]
That portion of a building included between the top of a
floor beam or slab and the top of the beam next above it and which
is not less than eight feet for a basement story, nine feet for a
first story and 8 1 /2 feet for an upper story.
A public or private thoroughfare devoted to vehicular or
pedestrian movement, or both, including a road or right-of-way permanently
open to common and general use over which the abutting owners have
the rights of access, air and light, which thoroughfare has been established
as part of a subdivision approved by the Planning Board or as part
of a subdivision plat recorded in the office of the County Clerk of
Suffolk County or which thoroughfare existed prior to the date that
the Village regulated the subdivision of land. A private driveway
shall not be considered a private "street" unless or until a right-of-way
or easement therein is vested in more than one ownership.
Anything erected or constructed, the use of which requires
location on the ground or attachment to something having location
on the ground, including but not limited to signs, swimming pools,
tennis courts, docks, retaining or other types of walls, fences, gates,
buildings and accessory buildings.
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 5-16-2007 by L.L. No. 3-2007]
A traffic circle at the end of a dead-end street.
The specific purpose for which land or a structure is designed,
arranged or 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.
A use which is customarily incidental and subordinate to
the principal use of a lot or a structure and located on the same
lot therewith and limited to the uses specifically permitted for the
zoning district in which it is located.
The Incorporated Village of Head-of-the-Harbor.
The duly elected Board of Trustees of the Village.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 5-16-2007 by L.L. No. 3-2007]
Land with frontage on Stony Brook Harbor or Stony Brook Creek.
[Amended 5-19-1984 by L.L. No. 5-1984]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 5-16-2007 by L.L. No. 3-2007]
Any freshwater or tidal wetland, pond, swamp or meadow within
the Village, including, but not limited to:
[Added 12-19-2001 by L.L. No. 4-2001]
Those freshwater wetlands, or ponds and streams
as shown on the Freshwater Wetlands Map prepared by or for the State
of New York pursuant to Article 24, the New York State Freshwater
Wetlands Act (Article 24 of the New York Environmental Conservation
Law); and
Those tidal wetlands as shown on the Tidal Wetlands
Map prepared by or for the State of New York pursuant to Article 25,
the New York State Tidal Wetlands Act (Article 25 of the New York
State Environmental Conservation Law), or as defined in § 25-0103
of that article.
A required open space of uniform width or depth, as the case may be, on the same lot with a structure or group of structures, which open space lies between a structure and the appropriate lot line and is unoccupied and unobstructed from the ground upward, except for certain features specified in § 165-27. In measuring a "yard," as hereinafter provided, the line of a structure shall be deemed to mean a line parallel to the nearest lot line and drawn from a point of such structure nearest to such lot line, exclusive of certain features specified in § 165-27 as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively, and shall be at right angles from such line of the structure to the nearest lot line.
A yard extending across the full width of the lot and lying
between the street right-of-way and the nearest point of a structure
or group of structures.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest point of a structure or
group of structures. In the case of a corner lot of which two adjacent
sides abut on streets or on a street and Stony Brook Harbor, the owner
shall decide which yard is the "rear yard." In the case of a corner
lot of which three sides abut on streets or on streets and Stony Brook
Harbor, there shall be no side yard.
A yard between the side lot line and the nearest point of
a structure or group of structures and extending from the front yard
to the rear yard or to another front yard.
