General construction of language. Words used in the present
tense include the future; the singular number shall include the plural,
and the plural the singular, unless the natural construction of the
wording indicates otherwise. The word "lot" includes the word "plot";
the word "structure" shall include the word "building"; the word "used"
shall be deemed also to include "arranged, designed, constructed,
altered, converted, rented, leased or intended to be used." The words
"should" or "may" mean the standard is recommended; and its application
is optional at the discretion of the Planning Board. The word "person"
shall include any legal entity, as well as an individual. The word
"shall" is mandatory and not optional. Unless otherwise specified,
all distances shall be measured horizontally. The word "Town" means
the Town of Beekman; the term "Town Board" means the Board of Councilpersons
and the Supervisor of said Town; the term "Board of Appeals" means
the Zoning Board of Appeals of said Town; the term "Planning Board"
means the Town Planning Board of said Town; the term "Town Comprehensive
Plan" means the plan adopted by the Town Board pursuant to § 272-a
of the Town Law.
The following definitions shall be used in the interpretation
and construction of this chapter:
A separate dwelling unit which is subordinate in size and intensity to a single-family dwelling unit, and which is subject to the provisions in § 155-25.
A building without living quarters or cooking facilities which is incidental and subordinate to the principal structure on the lot, and which is subject to the provisions of § 155-26.
That coverage which is consistent with the FCC mandate that
personal wireless service providers build out their systems so that
adequate service is provided to the public.
An "adult establishment" is any use of land, structure or
location which, by the provisions of the Penal Law is required to
restrict the access thereto by minors. Such establishments may include
an adult bookstore, adult eating or drinking establishment, adult
theater, or other adult commercial establishment, or any combination
thereof, as defined below:
An "adult bookstore" is a bookstore that offers "printed or
visual material" for sale or rent to customers where a "substantial
portion" of its stock-in-trade of "printed or visual material" consists
of "adult printed or visual material," defined as printed or visual
material characterized by an emphasis upon the depiction or description
of "specified sexual activities" or "specified anatomical areas";
An "adult eating or drinking establishment" is an eating or
drinking establishment which regularly features in any portion of
such establishment any one or more of the following:
Live performances which are characterized by an emphasis on
"specified anatomical areas" or "specified sexual activities"; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or "specified anatomical
areas"; or
Employees who, as part of their employment, regularly expose
to patrons "specified anatomical areas"; and which is not customarily
open to the general public during such features because it excludes
or resists minors.
An "adult theater" is a commercial establishment which regularly
features one or more of the following:
Films, motion pictures, videocassettes, slides or similar photographic
reproductions characterized by an emphasis on the depiction or description
of "specified sexual activities" or "specified anatomical areas";
or
Live performances characterized by an emphasis on "specified
anatomical areas" or "specified sexual activities"; and which is not
customarily open to the general public during such features because
it excludes or restricts minors. An adult theater shall include commercial
establishments where such materials or performances are viewed from
one or more individual enclosures.
Any other "adult commercial establishment" is a facility, other
than an adult bookstore, adult eating or drinking establishment, adult
theater, commercial studio, or business or trade school, or which
features employees who as part of their employment, regularly expose
to patrons "specified anatomical areas" and which is not customarily
open to the general public during such features because it excludes
or restricts minors.
The following defined terms shall also apply:
"Printed or visual materials" are books, magazines, or other
printed matter, including product packaging or wrapping, or photographs,
films, motion pictures, video cassettes, slides or other visual matter;
"Specified sexual activities" are human genitals in a state
of sexual stimulation or arousal; actual or simulated acts of human
masturbation, sexual intercourse or sodomy; or fondling or other erotic
touching of human genitals, pubic region, buttock, anus or female
breast.
"Specified anatomical areas" are less than completely and opaquely
concealed human genitals, pubic region, human buttock, anus 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 concealed.
An "eating or drinking establishment" includes any portion of
a commercial establishment within which food or beverages are offered
for purchase, or are available to or are consumed by customers or
patrons, and any portion of a commercial establishment from which
a portion of a commercial establishment described is accessible by
customers or patrons.
"Adult physical culture establishments" is any establishment,
club or business by whatever name designated which offers or advertises
or is equipped or arranged so as to provide, as part of its services,
massages, body rubs, alcohol rubs, baths or other similar treatment,
by members of the opposite sex, except for activities performed by
a New York licensed or registered professional.
For the purpose of determining whether a "substantial portion"
of a bookstore, stock-in-trade of "printed or visual" material consists
of "adult printed or visual material," the following factors shall
be considered:
The amount of stock of "adult printed or visual material" accessible
to customers as compared to the total stock of "printed or visual
material" accessible to customers in the establishment; and
The amount of floor area and cellar space accessible to customers
containing stock of "adult printed or visual material"; and
The amount of floor area and cellar space accessible to customers
containing stock of "adult printed or visual material" as compared
to the amount of floor area and cellar space accessible to customers
containing "printed or visual material" which is not "adult printed
or visual material," provided that "printed or visual material" which
is not "adult printed or visual material" (hereinafter for purposes
of this subsection "other printed or visual material") shall not be
considered stock-in-trade for purposes of this subsection where such
store has one or more of the following features:
An interior configuration and layout which requires customers
to pass through an area of the store with "adult printed or visual
material" in order to access an area of the store with "other printed
or visual material";
One or more individual enclosures where adult movies or live
performances are available for viewing by customers;
A method of operation which requires customer transactions with
respect to "other printed or visual material" to be made in an area
of the store which includes "adult printed or visual material";
A method of operation under which "other printed or visual material"
is offered for sale only and "adult printed or visual material" is
offered for sale or rental;
A greater number of different titles of "adult printed or visual
material" than the number of different titles of "other printed or
visual material";
A method of operation which excludes or restricts minors from
the store as a whole or from any section of the store with "other
printed or visual material";
A sign that advertises the availability of "adult printed or
visual material" which is disproportionate in size relative to a sign
that advertises the availability of "other printed or visual material,"
when compared with the proportions of adult and other printed or visual
materials offered for sale or rent in the store, or the proportions
of floor area or cellar space accessible to customers containing stock
of adult and other printed or visual materials;
A window display in which the number of products or area of
display of "adult printed or visual material" is disproportionate
in size relative to the number of products or area of display of "other
printed or visual material," when compared with the proportions of
adult and other printed or visual materials offered for sale or rent
in the store, or the proportions of floor area or cellar space accessible
to customers containing stock of adult and other printed or visual
materials.
The practice of cultivating the soil, producing crops and
raising and caring for livestock and in varying degrees the preparation
and marketing of the resulting products.
The changing or rearranging of the walls, roof, ceiling,
floors, supporting beams, columns or other structural parts, the interior
plan or layout, the exterior architectural features or the exit facilities
of a structure or the relocation of a building from one location to
another.
A facility designed for housing three or more persons who are unable to live and work independently at a particular time and providing for their specific needs. These facilities are subject to all applicable state laws and § 155-28 of this chapter. For purposes of this chapter, "alternative-care facility" includes the following specific types of supervised facilities:
Community residence, i.e., a dwelling providing room and board,
recreation and rehabilitative services for the mentally disabled under
responsible supervision.
Supervised living facility, i.e., a community residence, or
group home, providing twenty-four-hour on-site responsible supervisory
staff for long-term residents.
Supportive living facility, i.e., a community residence providing
responsible supervision of residents.
Family-care housing, i.e., a dwelling providing room, board
and supervision for patients who are maintained on an inpatient status
by a state-operated psychiatric facility.
Housing for the disabled, i.e., for those persons who are unable
to function in society without assistance and/or supervision because
of their physical, mental or emotional deficiencies.
A place where animals are given medical care, and the boarding
of animals is limited to short-term care incidental to the hospital
use.
A device attached to a tower or other structure for transmitting
and receiving electromagnetic waves.
A rectangular area adjacent to a driveway, near a dwelling,
that allows for the containment of emergency vehicles during an emergency
situation, the dimensions of which are 25 feet wide and 75 long. The
AOA may contain the driveway or vehicle turning area adjacent to a
garage.
An underground bed or stratum of earth, gravel or porous
stone that contains water.
A building containing a room or series of rooms where works
of art are on display.
Any nonresidential structure in which individuals regularly
gather to participate in or to observe programs.
An independent-living senior citizen development which includes
enriched housing and/or assisted-living, nursing care facilities as
accessory uses as such terms are defined in Article 46 of the Public
Health Law of the State of New York.
Space between the top of the uppermost floor construction
and underside of roof.
Any nonresidential structure in which individuals regularly
gather to participate in or to observe programs.
A building devoted to the use of washing automobiles, subject to § 155-29 of this chapter.
The space on a tower or structure to which antennas of a
personal wireless service provider are both structurally able and
electromagnetically able to be attached.
Any movable roof-like structure cantilevered, or otherwise
entirely supported from a building, so constructed and erected as
to permit its being readily and easily moved within a few minutes'
time to close an opening or rolled or folded back to a position flat
against the building or a cantilevered projection thereof or which
is detachable. A canopy is not included in this definition.
An establishment licensed under the laws of New York State
for the sale and dispensing of liquor by the drink and its consumption
on the premises or the principal structure or part of a combined-use
structure in which alcoholic beverages are served, which may include
entertainment.
The primary sending and receiving site in a wireless telecommunications
network. More than one base station and/or more than one variety of
personal wireless service provider can be located on a single tower
or structure.
A residential dwelling, carriage house and/or converted barn, not to exceed a total of 10 guest bedroom units, used for renting accommodations to transient, fee-paying guests and providing not more than breakfast daily to lodging guests only. May also be referred to as a "B&B." Small-scale receptions, banquets or similar gatherings may be held incidentally to the primary use. Such use shall be in accordance with § 155-30 of this chapter.
A sign or structure which directs attention to any idea,
product, business activity, service or entertainment which is conducted
sold or offered elsewhere than upon the lot on which such sign is
situated.
A building, other than a hotel, where lodging and meals for
up to five unrelated persons are provided for compensation. These
rooms, individually or collectively, do not constitute separate dwelling
units.
Any establishment that provides either recreational bowling
alleys or billiard rooms. Such use may include ancillary services
for customers, such as a restaurant, bar, arcade and/or a lounge.
A strip of land established to separate a use, structure,
parking lot or loading area from wetlands, roadways or neighboring
properties. No structure, parking or loading is permitted in any buffer
area. Buffer areas are to be landscaped and kept as open space, except
that driveways or walkways providing access through the buffer area
to a structure or parking lot are permitted.
The space remaining on a lot after the minimum yard, area
and bulk requirements of this chapter have been met, or that area
of the lot for which a variance from said minimum yard, area and bulk
requirements has been granted by the Zoning Board of Appeals.
A structure designed to be used as a place of occupancy,
storage or shelter; any permanent structure having a roof supported
by columns or by walls and intended for the shelter, housing or enclosure
of persons, animals or chattel. The term "building" shall include
the term "structure" as well as receiving and transmitting commercial
radio, television and other utility communications towers. The term
"building" shall not be deemed to include a travel trailer or tent.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for a flat roof, and to the mean height
between eaves and ridge for gable, hip, gambrel and mansard roofs.
This does not include chimneys, spires, towers, tanks and similar
projections.
The individual who is appointed by the Town Board and authorized
by law for purposes of administering and enforcing the provisions
of this chapter, as the same is defined under the New York State Town
Law, Article 9, § 138. The Building Inspector may also be
identified as the "Code Enforcement Officer" or "Zoning Administrator."
A line on a lot that is parallel to or concentric with a
street right-of-way line where the lot has frontage and which does
not extend into the required front yard area.
A yard where a stock of lumber and other building materials
are kept for sale, and may include a sales office, parking and loading
area, housing for material-moving equipment and necessary security
structures, such as fencing.
Standards that control the height, density and location of
a structure on a lot.
A roof-like structure of a permanent nature which projects
from the wall of a building and overhangs the public way. An awning
is not included in this definition.
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 finished grade of the ground adjoining
the building.
Property used for the interring of the dead subject to § 155-31.
The changing of the use or occupancy of a building from either
residential, commercial or industrial to one of the other uses or
a change in the type or intensity of the same use.
The segment of the radiation spectrum from an antenna that
carries one signal. An antenna may radiate on many channels simultaneously.
A building and/or related facilities owned and operated by a charitable organization under § 501(c)(3) of the Internal Revenue Code for the exclusive purposes of accommodating the administrative functions of the organization, as well as provide a setting for visitation by those directly assisted by the organization for nonmedical therapeutic consultation. Such use shall be in accordance with § 155-42.
Complete cutting and removal of an entire stand of trees
over eight inches in diameter at breast height (4.5 feet).
A structure designed for the practice of medicine or dentistry
in which nonresident patients are treated.
A building and/or related facilities owned or operated by
a corporation, association, or group of individuals established for
the fraternal, social, educational, recreational, or cultural enrichment
of its members and not primarily for profit and whose members may
pay dues and/or meet certain prescribed qualifications for membership.
See "Building Inspector."
The practice of placing more than one base station and/or
more than one variety of personal wireless service provider on a single
tower or structure.
A commercial site, other than residential or agricultural,
consisting of a parcel of property or parcel of continuous properties,
existing as a unified or coordinated project (whether or not under
unified ownership), with a building or buildings housing more than
one business occupant.
Except for cars, trucks and vans having a gross weight of
less than 10,000 pounds, any motor vehicle used for business or commercial
purposes, such as for construction or for the transportation of goods,
wares and merchandise, and including any truck with a fifth wheel
attachment, and trailers and semitrailers used in combination therewith.
A structure located at a base station designed principally
to enclose equipment used in connection with personal wireless service
transmissions.
Open space, parks or other specific physical, social or cultural
amenities, or cash in lieu thereof, of benefit to the residents of
the community authorized by the Town Board.
The Comprehensive Plan adopted by the Town Board for the
future preservation and development of the Town of Beekman pursuant
to § 272-a of the Town Law, which identifies the general
locations recommended for different types of development, for open
space preservation and for public improvements, including any part
of such plan separately adopted and any amendment to such plan, or
parts thereof.
The duly appointed Conservation Advisory Council of the Town of Beekman as created pursuant to Article 12-F, §§ 239-x and 239-y of the General Municipal Law and Chapter 7 of the Code of the Town of Beekman.
A residential subdivision approved under § 278 of the Town Law, through which flexibility of design is enabled and encouraged in order to preserve the natural and scenic qualities of platted lands, subject to § 155-54.
Land used for the keeping of goods, wares, supplies or equipment,
and other building materials are kept for storage, and may include
an office, parking and loading area, and necessary security structures,
such as fencing.
Under § 155-32, a retail establishment of not greater than 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods for off-premises consumption.
A recreational facility usually restricted to members and
their guests, which generally includes a clubhouse, dining and eating
establishment, and recreational facilities such as golf course(s),
tennis courts and swimming pools.
The following activities: lawn mowing, using hand or mechanical
equipment; flower, tree and shrub planting; noncommercial gardening;
activities not associated with construction activities; tree and shrub
trimming; the removal of dead or diseased trees and shrubs; and all
other tree removal not subject to a tree removal permit pursuant to
the Code of the Town of Beekman, all of which may be described as
activities which may be carried out using hand tools without the use
of powered construction equipment.
An application shall be deemed received by the Planning Board
on the date of the first regular meeting of the Planning Board following
the filing of the complete application and supporting plans pursuant
to the provisions of this section.
A facility, under § 155.31.1, for the care of three
or more children away from their homes for more than three but less
than 24 hours a day, but not including a family day-care home or group
family day-care home. Such use must be licensed by the State of New
York.
The diameter of a tree measured at a point 4 1/2 feet
above the ground.
To fill, grade, discharge, limit, dump, or place any material
or the act thereof.
The emission of any water, substance or material into a wetland
or wetland buffer whether or not such substance causes pollution.
The removing of vegetation and the filling, excavating, regrading
or removing of soil, rock or retaining structures in a minimum area
of 100 square feet of steep slopes, whether by labor, machine or explosive.
The condition of disturbance shall be deemed to continue until the
area of disturbance is revegetated or permanently stabilized.
A dominant species is either the predominant plant species
(i.e., the only species dominating a vegetative unit) or a codominant
species (i.e., when two or more species dominate a vegetative unit).
Dominant species are considered to be those with 20% or more areal
coverage in the plant community. The measures of spatial extent are
percent areal cover for all vegetation units other than trees and
basal area for trees. In this section, "dominance" refers to the spatial
extent of a vegetative species because spatial extent is directly
discernible or measurable in the field.
To excavate or remove sediment, soil, mud, sand, shells,
gravel or other aggregate.
The portion on a lot provided for the accommodation of vehicle
access to and from the lot or structure on said lot that consists
of a travel lane bounded on either side by an area that is not part
of the vehicle access.
Any building, structure or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
The term shall not be deemed to include an automobile court, motel,
boardinghouse or rooming house, travel trailer, or tent.
One or more rooms or an enclosure containing sleeping, cooking
and sanitary facilities in a dwelling structure, designed as a unit
for occupancy or permanent residence by not more than one family for
living and sleeping purposes.
A dwelling unit having common walls, floors or ceilings with
two or more other dwelling units.
An apartment house or houses where the apartments or dwelling
units are individually owned, each owner receiving a deed enabling
him to sell, mortgage or exchange his apartment independent of the
owners of the other dwellings in the building(s).
A dwelling having no walls, floors or ceilings in common
with any other dwelling unit or building.
A dwelling or group of dwellings each containing a minimum
of 600 feet of habitable gross floor area above grade, containing
separate dwelling units for three or more families living independently
of each other, but which may have joint services or facilities or
both.
Dwelling units for age-restricted senior adults who require
no in-residence diagnosis, treatment or medical care. Such units are
to be purely residential in character and employ no nursing or medical
staff.
A building containing one dwelling unit designed and used
exclusively for occupancy by one family.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistance walls.
A building designed for and occupied exclusively as a home
or residence for two families.
A person having knowledge of the physical, chemical and biological
sciences related to the physiology, identification and distribution
of native plants and vegetative associations in wetland and upland
systems and of methods to describe, classify, and delineate vegetative
species and associations.
A measure of how well an antenna concentrates radio frequency
energy; it is not the power radiated from the antenna.
A temporary, modular, detached, accessory dwelling for elderly
relatives of occupants of the principal single-family dwelling; the
unit is a removable modular cottage on a concrete foundation or slab
or an approved semi-permanent foundation in the rear or side yard
of a dwelling for temporary use.
[Amended 1-7-2015 by L.L.
No. 1-2015]
The determination that the new signal from and to the proposed
new antennas will not significantly interfere with the existing signals
from and to other facilities located on the same tower or structure
as determined by a qualified professional telecommunications engineer.
The use of available technologies to alleviate such interference shall
be considered when making this determination.
A rectangular area adjacent to a driveway used to allow for
the passage of vehicles during an emergency situation, the dimensions
of which are 75 feet long on the side adjacent to the driveway and
13 feet deep.
Electromagnetic frequency radiation.
An area used for the storage of items for retail or wholesale
but does not include the storage of wrecked, partially dismantled
or junked vehicles or equipment or motor vehicles which do not qualify
for New York State vehicle registration.
To engage in digging, hollowing out, or removing material,
whether or not within or immediately adjacent to a wetland, watercourse,
or water body and/or their regulatory buffers.
The front or face of a building.
A property, or any part thereof, which is owned or leased
by one or more personal wireless service providers and upon which
one or more personal wireless service facility(ies) and required landscaping
are located.
Vegetative species that can occur in both upland and wetland
systems. There are three subcategories of facultative species: facultative
wetland, straight facultative and facultative upland. Under natural
conditions, a facultative wetland species is usually (estimated probability
of 67% through 99%) found in wetlands, but occasionally in uplands;
a straight facultative species has basically a similar likelihood
(estimated probability of 34% through 66%) of occurring in both wetlands
and uplands; a facultative upland species is usually (estimated probability
of 67% through 99%) found in uplands but occasionally in wetlands.
One or more persons living together as a single housekeeping
unit.
Care provided in the caregiver's home for three to six
children plus two additional school-age children in accordance with
the Social Services Law.
Any activity where a farmer sells agricultural and value-added
products directly to consumers at a stand or kiosk located on or near
his farm or along a road near the farm.
The cultivation of fruits, vegetables and other crops and
any structures related to cultivation, and including the raising and
keeping of animals and livestock.
Federal Communications Commission. The government agency
responsible for regulating telecommunications in the United States.
A report and order that sets new national standards for emissions
of radio frequency emissions from FCC-regulated transmitters.
Placing material in a regulated area so as to alter its elevation
or topography, including bottom elevation or topography if submerged,
or its aquatic function.
Business which collects funds from the public and places
them in financial assets, such as deposits, loans, and bonds, rather
than tangible property.
Any land area susceptible to being inundated by water from
any source and may include lands adjacent to the channel of a watercourse
which are covered with sediments deposited during high-water events
and are covered with water when the watercourse overflows its banks
at flood stage, such as but not limited to those mapped by Federal
Emergency Management Agency (FEMA).
A quantitative unit of measurement referring to illumination
incident at a single point. One footcandle is equal to one lumen uniformly
distributed over an area of one square foot.
An ecosystem supporting a dense growth of trees and other
plants.
The final freshwater wetlands map promulgated by the Commissioner
of the New York State Department of Environmental Conservation pursuant
to § 24-0301.5 of the New York State Freshwater Wetlands
Act, or such map as has been amended or adjusted, and on which are
indicated the approximate locations of the actual boundaries of wetlands
regulated pursuant to Article 24 of the Environmental Conservation
Law.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation; it may include ancillary services for cremation.
A structure which is accessory to a permitted principal use
and which is used for parking and storage of vehicles.
A tract of land laid out for a least nine holes for playing
the game of golf that may include a clubhouse, dining and snack bars,
pro shop, and practice facilities.
Those buildings and or grounds needed to service the municipality.
The completed elevation of lawns, walks, roads and other
graded surfaces.
To alter the natural contours of the land, including leveling,
smoothing and any other modification of the natural land surface.
An enclosed building or structure, permanent or portable,
which is used for the growth of small plants to be sold at wholesale
or retail.
The total area taken on a horizontal plane measured to the
extreme outer limits of all floors of the principal building and all
accessory buildings, exclusive of uncovered porches, terraces and
steps.
Care provided in the caregiver's home for three to 12
children plus two additional school-age children in accordance with
the Social Service Law.
The growing season for Dutchess County, approximately May
15 through September 15.
An accessory use carried out for gain customarily conducted within a dwelling by the resident owners thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than that permitted in §§ 155-33 and 155-57.
An institution providing health or medical services, surgical
care or rehabilitation services, including as an integral part of
the institution such related facilities as laboratories, outpatient
departments, training facilities or central service facilities and
staff offices.
A building used primarily to provide sleeping accommodations
for the transient public in which more than 30 rooms are available
for hire. A hotel is differentiated from a motel in that it may contain
a common entrance and lobby area and may also contain a restaurant
and/or gift shop. Hotels are limited to a maximum of 75 rooms. Small-scale
receptions, banquets or similar gatherings may be held incidentally
to the primary use.
Soils that are saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Hydric soils in Dutchess County include but are not limited to the
following classifications:
|
Hydric Soils
(soils that are hydric in Dutchess County)
|
Potential Hydric Soils
(soils with potential hydric inclusions)
| |||
|---|---|---|---|---|
|
Ca
|
Canandaigua
|
CxB
|
Copake-urban land complex, undulating
| |
|
Cc
|
Carlisle Muck
|
Kn
|
Kingsbury and Rhinebeck soils
| |
|
Ff
|
Fluvaquents
|
Ln
|
Linlithgo
| |
|
Fr
|
Fredon
|
MnA
|
Massena silt loam, 0% to 3% slope
| |
|
Ha
|
Halsey
|
MnB
|
Massena silt loam, 3% to 8% slope
| |
|
Hy
|
Hydraquents
|
Ps
|
Pits, gravel
| |
|
Lv
|
Livingston
|
Pu
|
Pits, quarry
| |
|
Hy
|
Medisaprists
|
PzA
|
Punsit silt loam, 0% to 3% slope
| |
|
Pc
|
Palms Muck
|
PzB
|
Punsit silt loam, 3% to 8% slope
| |
|
Ra
|
Raynham
|
SrB
|
Stockbridge-urban land complex
| |
|
Su
|
Sun
|
Ud
|
Udorthents, smoothed
| |
|
Wy
|
Wayland
|
Ue
|
Udorthents, wet substratum
| |
|
Ur
|
Urban land
| |||
Vegetation, including obligate wetland species and facultative
species, growing in water, soil, or on substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
A building or group of buildings containing more than six
rooms and no more than 20 rooms available for hire of which all such
rooms shall be without individual cooking facilities for transient
occupancy and let for compensation. A restaurant, dining room and/or
related retail and consumer services, intended primarily for serving
the guest room occupants and only incidentally the public, may be
provided within the building or buildings. Small-scale receptions,
banquets or similar gatherings may be held incidentally to the primary
use.
Unless specifically defined elsewhere, includes hospitals,
nursing homes, sanatoriums, correctional institutions or other institutions
of a similar public or semipublic nature.
A regulated area that comprises stream, creek, or brook,
through which surface water travels in a well-defined channel on a
seasonal basis, but not continuously throughout the year. For the
purposes of this code, intermittent watercourses are those where water
stands or flows for at least three consecutive months in a twelve-month
period, except waterways specifically designed and constructed to
serve a stormwater conveyance or treatment function, such as grassy
swales, drainage ditches, and other structures engineered to concentrate
and convey stormwater from development and only retain water for a
short duration after a rain storm or spring snowmelt are not considered
intermittent watercourses.
A word; an abbreviation; a numeral; a symbol; or a geometric
shape.
The raising and/or keeping of animals in accordance with § 155-34.
A commercial operation that provides food and shelter and
care of animals for purposes not primarily related to medical care
or farming, for which compensation is provided.
A building and accessory structure(s) developed for the purpose
of scientific testing and research or to provide testing or research
services.
A business premises equipped with individual clothes-washing
machines for use by retail customers.
A place in which literary and artistic materials, such as
books, periodicals, newspapers, pamphlets, prints, records, tapes,
and other electronic media, are kept for reading, reference and lending.
One who is entitled to use the title "professional engineer,"
"landscape architect," "architect" or "land surveyor" in accordance
with New York State Education Law.
An independent-living senior citizen development which includes
enriched housing and/or assisted-living, nursing care facilities as
accessory uses as such terms are defined in Article 46 of the Public
Health Law of the State of New York.
Includes limited manufacturing, assembly, wholesaling, warehousing,
research and development, and related commercial/service that meet
the performance standards, bulk controls, and other requirements contained
in this chapter.
A use involving the manufacture of a product but not requiring
heavy, noisy or otherwise objectionable disturbances, such as vibration,
dust and odors, nor involving the use of heavy machinery or transporting
equipment.
The interior area of a dwelling unit which may be occupied
for living purposes, including basements and attics (if permitted).
Livable floor area does not include a garage or any accessory structure(s).
A parcel of land whose boundaries are established by some
legal instrument such as a recorded deed or map and which is recognized
as a separate legal entity for the purposes of transfer of title.
The total area on a horizontal plane contained within the
property lines of an individual parcel of land, excluding any area
within an existing street right-of-way.
The percentage of the lot area covered by the combined area
of all buildings, structures or other impervious surfaces on the lot.
The average horizontal distance between the front and rear
lot lines.
Property lines bounding a parcel of land.
LOT LINE, FRONTThe line separating the lot from the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
The distance between the side lot lines measured at right
angles, at the midpoint of the lot depth.
A lot at the junction of, or 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°.
A lot so shaped and designed that the main portion of the lot is set back from the public street or road on which it fronts, is situated behind one or more lots, is connected to such frontage road or street only by means of a relatively narrow strip of land, and conforms to § 155-41 of this chapter.
A yard where a stock of lumber and other building materials
are kept for sale, and may include a sales office, parking and loading
area, housing for lumber-moving equipment and necessary security structures,
such as fencing.
Any change or proposed change in the number of antennas or
a change in antenna type above the maximum number and type(s) approved
under an existing special use permit. The replacement of an existing
antenna with a new model of the same type is not considered a change.
Any increase or proposed increase in the dimensions of an
existing and permitted tower or other structure designed to support
personal wireless service transmission, receiving and/or relaying
antennas and/or equipment.
Liquid, solid or gaseous substances, including but not limited
to soil, silt, gravel, rock, water, clay, peat, mud, debris and refuse;
any organic or inorganic compound, chemical agent or matter; sewage
sludge or effluent; or industrial or municipal solid waste.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location; excluding the excavation and disposition
of minerals from construction projects or excavations in aid of agricultural
activities.
Constructed, or replacement wetland, watercourse or water
body, usually by flooding or excavating lands not previously occupied
by a wetland, watercourse or water body, that recreates as nearly
as possible the type and function of the original source.
Use of land, building, group of buildings, and/or structure(s)
containing a variety of complementary and integrated uses such as,
but not limited to, residential, office, retail, entertainment, public
and recreation.
A structure, transportable in one or more sections, which
in travelling mode is eight body feet or more in width or 40 body
feet or more in length, or when erected on site is 320 or more square
feet, and which is built on a permanent chassis within a mobile home
park or as specially permitted to be used as an elderly cottage housing
opportunity unit and designed to be used as a dwelling with or without
a permanent foundation when connected to required utilities and includes
plumbing, heating and electrical systems contained therein. Any trailer
not meeting the minimum specifications as described in § 122-c
of the New York State Vehicle and Traffic Law shall not be considered
a mobile home and is not permissible in the Town of Beekman.
[Amended 1-7-2015 by L.L.
No. 1-2015]
A residential use in which two or more mobile homes are located on a single lot, subject to the provisions of § 155-36.
Housing for sale or for rent which meets certain local requirements
as contained in § 155.36.1, intended to promote the ownership
or rental of housing for households not exceeding 120% of the Dutchess
County median household income for purchasing a home, or 60% of the
Dutchess County household median income for renting a home.
A single self-supporting vertical pole with no guy-wire anchors,
usually consisting of galvanized or other unpainted metal, or a wooden
pole with below-grade foundations.
A building or buildings providing overnight accommodations
for motorists. The word "motel" includes "motor court," "motor inns,"
"motor lodge," "tourist cabin" and similar descriptive titles and
is differentiated from a hotel in that it does not include accessory
uses such as a restaurant, gift shop or common entryway. Motels are
limited to a maximum of 50 rooms.
Any vehicle operated or driven upon a public highway, which
is propelled by any power other than muscular power and used for transportation
or recreational purposes.
A facility which for its principal use sells, at retail,
automobile and truck accessories, which may include but is not limited
to parts, tires, batteries, mufflers, tailpipes, radiators, belts,
starters and hoses and which may or may not include facilities for
installing such accessories. The sale of motor fuels is not included
in this definition.
A facility, including structures and display areas, used
for the rental of passenger vehicles, trucks, cargo trailers, or recreational
vehicles or other vehicles requiring registration for road use, and
which may include a facility solely for the repair of such rental
vehicles. The sale of motor fuels is not included in this definition.
Land or structure(s) used for the repair or maintenance of
motor vehicles and their mechanical systems, including painting, collision
services involving frame and fender straightening and the dismantling
or disassembly of frames or exterior parts, and which may or may not
include the sale of rebuilt vehicles and parts. Such use may include
facilities for lubricating, washing or otherwise servicing motor vehicles,
and may include the sale of gasoline and other automotive fuels, oils
and lubricants and similar motor vehicle accessory sales.
Any area of land, including structures thereon, which has
as its principal use the display or sale of new and/or used automobiles,
motorcycles, trucks, cargo trailers or recreational vehicles or other
vehicles requiring registration for road use, and which may or may
not include the repair of vehicles. Enclosed showrooms and open display
areas are included in this definition. The sale of motor fuels is
not included in this definition.
A facility which for its principal use sells, at retail,
fuel or other products and services for vehicle operation and maintenance,
including a gasoline filling station, a car wash, or a quick-stop
maintenance, and which may include but is not limited to as a secondary
use a convenience store selling goods and food for off-site consumption,
but not including repair services or facilities.
A building, place or institution devoted to the acquisition,
conservation, study, exhibition and educational interpretation of
objects having scientific, historical or artistic value.
An establishment that provides for fee liquor and/or meals
and in which music, dancing or entertainment is conducted.
A building or structure existing at the time of the enactment
of this chapter which does not meet the minimum area and bulk regulations
of the district in which it is situated.
A lot existing at the effective date of this chapter that
does not meet the minimum area and bulk regulations of the district
in which the lot is located.
A sign that does not conform to the height, area, design criteria, color lighting or other dimensional requirements of § 155-57.
A building, structure or parcel of land existing at the time
of the enactment of this chapter which accommodates a use that does
not conform to the regulations or permitted uses in the district in
which it is situated.
An interference with the enjoyment and use of a property.
Any place, however designated, for social and educational
programs for children three years to five years old, operating for
less than three hours per session, two times to five times per week,
usually following a school-year schedule and licensed by New York
State.
A place where trees, shrubs, vines and/or flower and vegetable
plants are grown and/or are offered for sale, to be transplanted onto
the lands of the purchaser by the purchaser or by the nursery establishment
itself.
A building, grounds and necessary accessory uses, structures
or buildings where persons are furnished with shelter, meals and medical
and nursing care for hire; except, however, that the premises shall
not be used, occupied or employed for the care, treatment or detention
of the insane or those addicted to drugs.
Plant species that, under natural conditions, always occur
in uplands (i.e., greater than 99% of the time). The less than one-percent
difference allows for anomalous wetland occurrences (i.e., occurrences
that are the result of human-induced disturbances and transplants).
Obligate upland species for the northeast are listed in the Wetland
Plants of the State of New York 1986, published by the United States
Fish and Wildlife Service in cooperation with the National and Regional
Wetland Plant List Review Panels, and as updated from time to time.
Plant species that, under natural conditions, always occur
in wetlands (i.e., greater than 99% of the time). The less than one-percent
difference allows for anomalous upland occurrences (i.e., occurrences
that are the result of human-induced disturbances and transplants).
Obligate wetland species for New York State are listed in Wetland
Plants of the State of New York 1986, published by the United States
Fish and Wildlife Service in cooperation with the National and Regional
Wetland Plant List Review Panels, and as updated from time to time.
A building or buildings with the purpose of providing services
to business enterprises. A secondary purpose can include the provision
of services to the general public.
One used by a duly licensed architect, attorney, dentist,
optometrist, engineer, insurance broker or salesman, physician or
surgeon, chiropractor, real estate broker or salesman or surveyor,
or similar profession.
An area characterized by natural scenic beauty or existing
openness used for recreation or resource protection. It may include
wooded areas, meadows, agricultural lands and active and passive recreation
areas. Open space shall not include buildings, driveways, parking
lots or other surfaces designed or intended for motor vehicular travel.
An area for the temporary storage and parking of motor vehicles as described in § 155-56.
That area enclosed by the extreme points or edges of the
pavement used for vehicular parking and circulation.
A locally based nonprofit performing arts center and where
live performances may be performed for public attendance; excludes
showing of commercial films.
Designed, constructed and intended for more than short-term
use.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
All equipment (including any repeaters) with which a personal
wireless service provider broadcasts and receives the radio-frequency
waves, which carry their services, and all locations of said equipment
or any part thereof. This facility may be sited on one or more towers
or structure(s) owned and permitted by another owner or entity.
An entity licensed by the FCC to provide personal wireless
services to individuals or institutions.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services. These services
include cellular services, personal communications services (PCS),
specialized mobile radio services and paging services.
A site upon which residential, commercial, and/or other land
uses or any combination thereof may be authorized in a flexible manner
so as to achieve the goals of this chapter and the Town's Comprehensive
Plan.
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant, or animal life or to property.
A roofed, open structure (without walls or window sashes)
projecting from the outside wall of a building.
A building or structure in which is conducted the principal
(predominant) use of the lot on which it is located.
Establishments engaged in printing by letterpress, lithography,
gravure, screen, offset or other common process, including electrostatic
(xerographic) copying and other "quick printing" services; and establishments
serving the printing trade including silk screening, bookbinding,
typesetting, engraving, photoengraving and electrotyping. This use
also includes establishments that publish newspapers, books and periodicals;
and establishments manufacturing business forms and binding devices.
Any proposed or ongoing action which may result in direct
or indirect physical or chemical impact on a wetland, watercourse
or wetland or watercourse buffer, including but not limited to any
regulated activity.
A utility service provided by a public agency or specifically
franchised local operation to supply electric, gas, water, cable television
or telephone service; included are such utilities as electric unit
substations, municipal pump stations and water towers, municipal garages,
firehouses, telephone substations, cable television structures and
any other service subject to regulation by the Public Service Commission
and/or Federal Communications Commission but excluding personal wireless
communication towers.
Computer-generated estimates of the radiation emanating from
antennas or repeaters sited on a specific tower or structure. The
height above the ground, power input and output, frequency output,
type of antenna, antenna gain, topography of the site and its surroundings
are all taken into account to create these simulations. They are the
primary tools for determining whether a site will provide adequate
coverage for the personal wireless service facility proposed for that
site.
An enclosed structure for public use developed for active
recreation, such as ball courts, skating rinks, bowling alleys, etc.
Open areas developed for activities such as picnicking, walking,
running, biking or other sports or activities, including passive enjoyment
of open space and areas developed for organized and/or active recreation
such as ball fields, tennis courts, swimming pools, golf courses,
ice skating, etc.
A structure or place in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or grade.
A small receiver/relay transmitter of not more than 20 watts'
output designed to provide service to areas which are not able to
receive adequate coverage directly from a base station.
An establishment where food and drink is prepared, served
and consumed primarily within the principal building, including fast
foods where there is the sale of preprepared or rapidly prepared food
directly to the customer in a ready-to-consume state for consumption
either within or outside the premises.
An establishment where food and drink are prepared and which
includes the sale of pre-prepared or rapidly prepared food directly
to the customer through an automobile drive-through facility. Such
establishment may also provide for the service and consumption of
food within the principal building.
To reclaim a disturbed or degraded wetland or watercourse
in order to bring back one or more functions that has been partially
or completely lost by such actions as draining or filling.
Establishments engaged in the selling or rental of goods
or merchandise and rendering services incidental to the sale of such
goods.
The linear distance of a lot along a public street, road
or right-of-way
A building, structure or parcel of land where junk, waste,
discarded or salvaged materials are bought or sold, exchanged, stored,
collected, dismantled or otherwise processed, including automobile
wrecking yards and yards for house wrecking, structural steel materials
and equipment, but not including premises used for the purchase or
storage of used furniture and household equipment or used cars in
operable condition. A "junkyard" may be defined as a parcel of land
containing two or more unregistered, inoperable motor vehicles.
An area from which sand and gravel is excavated as a source
of supply and may include the preparation and processing of such materials,
including any activities or processes or parts thereof for the extraction
or removal of sand and gravel from their original location; excluding
the excavation and disposition of sand and gravel from construction
projects or excavations in aid of agricultural activities.
An antenna not greater than two feet in diameter normally mounted on the ground that attracts television signals beamed from satellites and is ordinarily shaped like a saucer, as referenced in § 155-38.
A place, however designated, for the care of seven or more
children, ages five to 14, during the hours in which school is not
in session in accordance with the Social Services Law.
A procedure for harvesting timber in which individual trees
or small groups of trees are harvested at periodic intervals (usually
eight years to 15 years) based on their physical condition or degree
of maturity. It is associated with uneven-aged management.
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users.
A subsurface sewage treatment system which consists of a
septic tank and disposal facilities in which the liquid waste material
is distributed following a process in the septic tank where solids
are settled out of the waste.
A system owned and operated by a municipality or public sewer
district for the disposal of sanitary waste, supported by mandatory
sewer charges or by the real property tax.
Any structure or part thereof attached or painted or represented
thereon which shall display or include any letter, word, model, banner,
flag, insignia, device or representation used as, or which is in the
nature of, an announcement, direction or advertisement. The word "sign"
does not include the flag, pennant or insignia of any nation, state,
city or other political unit. The area of a sign is that area which
results by multiplying the outside dimensions of a sign, not including
the vertical, horizontal or diagonal supports that may affix the sign
to the ground or to a structure or building. Unless otherwise provided,
only one face of a double-faced sign is included as the area of such
sign.
A sign used to direct the public to specific uses, areas
or places for their safety or convenience on the premises of the business
or activity where the sign is located.
A freestanding sign with interchangeable lettering constructed
of paper, cloth or cardboard.
The building, construction, repair, display, attachment,
hanging, placing, suspension, securing by wire or rope or affixing
of any sign, to include the painting of building signs.
Any sign not depending upon a building for its main support.
A double-faced sign is considered to be one sign.
A sign which projects from the wall of a building more than
one foot or under a permitted canopy.
The distance from the ground level measured from the mid-point
of the base of the sign, to the top of the sign.
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
A sign that does not pertain to a use conducted on the same
premises on which the sign is located.
Any device on wheels or a stand that is designed to be easily
moved, the purpose of which is to display a sign.
A sign advertising property on which it is located or a building
thereon for sale, rent or lease.
A sign extending above the roofline (above coping, eave or
cornice) of a building.
A sign which is painted on or attached to the outside wall
of a building.
The development plan for one or more lots on which is shown
the existing and proposed conditions of the lot and any structure
thereon.
An authorization of a particular land use which is permitted
in this chapter subject to requirements imposed by such permitted
use to assure that the proposed use is in harmony with this chapter
and will not adversely affect the neighborhood if such requirements
are met.
Earth or rock excavated or dredged.
An establishment where horses are boarded and cared for and/or
where instruction in riding, jumping and showing is offered for the
general public who may, for a fee, hire horses for riding or instruction.
The use of camouflage or disguise to render the tower or
antenna almost invisible and/or to appear natural to the surrounding
environment.
Any geographical area, whether on a single lot or not, consisting
of at least 10,000 square feet, having a topographical gradient of
15% or more (ratio of vertical distance to horizontal distance) and
a minimum horizontal distance of 10 feet, whether man-made or not
and whether created by a retaining structure or not. If the land area
is less than 10,000 square feet, that land area shall be considered
as part of any adjacent land in the next slope category having at
least 10,000 square feet. Steep slopes are further categorized as:
MODERATELY STEEP SLOPEA slope equal to or greater than 15% but less than 25%.
VERY STEEP SLOPEA slope equal to or greater than 25% but less than 35%.
EXTREMELY STEEP SLOPEA slope equal to or greater than 35%.
A way that is an existing state, county or Town highway or
a way shown on a subdivision plat approved by the Planning Board as
provided by law or on a plat duly filed and recorded in the office
of the Dutchess County Clerk.
The determination that a tower or structure is capable of
carrying the load imposed by the proposed new antennas under all reasonably
predictable conditions as determined by professional structural engineering
analysis.
Anything constructed or erected, the use of which requires
location on or under the ground or an attachment to something having
location on the ground.
A structure for uses in agricultural operations, including
but not limited to barns or storage buildings, greenhouses, coops;
corrals and pens, for the purpose of sheltering animals, agricultural
equipment, hay, feed, etc.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets. A
lot line alteration shall also be regulated as a subdivision.
An establishment whose principal business activity is the
practice of placing designs, letters, figures, symbols, and/or other
marks upon or under the skin of any person using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin. Such use may also include the piercing of the body for the
purpose of inserting jewelry or other decoration.
A facility utilizing satellite dishes of greater than two
meters in diameter designed to uplink to communications satellites
for transmitting in the C-band (4 GHZ to 6 GHZ) spectrum.
A building or part of a building devoted to showing moving
pictures or stage productions on a paid-admission basis.
Any native species likely to become an endangered species
within the foreseeable future in New York State.
Any activity which may alter the physical characteristics
of any forested land including, but not limited to, any activity involving
or associated with the cutting of trees, except that the following
activities shall not be considered to be timber harvesting:
A lattice structure or framework or monopole that is designed
to support transmission, receiving and/or relaying antennas and/or
equipment for the purpose of transmitting and/or receiving signals
for personal wireless services.
The portion of a lot that contains the driveway and includes
cleared areas on either side of the driveway to accommodate extensions
of a vehicle that may protrude beyond the width of the driveway.
The business of felling trees, cutting them into logs and
transporting the logs to sawmills or to market.
Any part of the site area which has a slope of more than
25% or is in the floodplain or flood-prone area or is subject to periodic
flooding due to subsoil conditions. Also, land area which has a high
length-to-width ratio as compared to the main site, natural discontinuities
in grade or heavily wooded slopes in excess of 15% or is otherwise
unsuitable for development.
That part of the lot area not classified as unusable open
space or which is used for or devoted to dwelling structures, driveways
or parking spaces; such open space shall be at least 25 feet in minimum
dimension, shall have no more than 10% of its area with a grade of
more than 5%, and shall not include floodplains and/or wetlands.
That part of the lot area not classified as unusable site
space which is used for dwelling structures, accessory uses and structures,
streets, sidewalks, parking, active and passive recreation and is
an integral part of the overall development plan.
The use of land, or building or a portion of land or building
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot with the principal use.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Seasonally flooded, isolated pools of standing water that
are devoid of naturally occurring fish and that persist, in a year
of average precipitation, for at least two months (annual precipitation
in Dutchess County normally ranges from 36 inches to 44 inches). Vernal
pools are essential breeding habitat for certain amphibians. Vernal
pools shall be regulated by the same minimum area standards as wetlands.
A building used primarily for the storage of goods and materials.
The form of written approval issued by the Town of Beekman
under this section for the conduct of a regulated activity within
a regulated water resource or its associated adjacent regulatory buffer.
A permit will include a water resources activity permit issued by
the Planning Board.
Any natural or artificial pond, lake, reservoir or other
area which usually or intermittently contains water and which has
a discernible shoreline. Regulated water bodies do not include detention,
retention, infiltration basins, or facilities required for the transportation
or treatment of stormwater.
Includes:
Rivers, streams, brooks and waterways which are delineated on
the most recent edition of the United States Geological Survey topographic
maps of the Town, and the Town of Beekman Stream and Waterbody Map
prepared by the Dutchess County Environmental Management Council from
NYSDEC's Biological Survey series dated 1991;
Any other streams, brooks and waterways containing running water
for a total of at least three months a year;
Lakes, ponds, marshes, swamps, bogs, natural springs and all
other bodies of water, natural or artificial, which are fed by or
have discharge to another wetland, water body or watercourse; and
Artificial water segments such as swales, and ditching shall
not be considered a watercourse.
NYSDEC identifies certain waters in the Town of Beekman that
are classified and protected on the basis of the existing or expected
best usage of these waters. This information is available in the Town
of Beekman's stream classification document, as prepared by the
Dutchess County Environmental Management Council from NYSDEC's
Biological Survey Series dated 1991.
The wetland buffer is a specified area surrounding a wetland
that is intended to provide some degree of natural protection to and
separation from the wetland from human activity and other encroachment
associated with development. The wetland buffer shall be subject to
the regulations for wetlands as defined in this section and shall
be determined by the Planning Board, except where New York State or
United States regulations may require additional buffer area.
The sum total of wetness characteristics in areas that are
inundated or have saturated soils for a sufficient duration to support
hydrophytic vegetation.
An official(s) designated by the Town Board to enforce § 155-52.
Areas of at least 11,000 square feet that comprise hydric soils
or are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support and, under normal circumstances,
do support a prevalence of hydrophytic vegetation and, that under
normal circumstances do support a prevalence of vegetation typically
adapted for life in saturated soil conditions, as further defined
by the Federal Manual for Interagency Committee of the United States
Army Corps of Engineers, United States Environmental Protection Agency,
United States Fish and Wildlife Service, and the USDA Natural Resources
Conservation Service Cooperative Technical Publication.
Watercourses shall be encompassed under the term "wetland" as
used in this section. For purposes of identification, the minimum
area requirement of 11,000 square feet pertaining to wetlands shall
not apply.
"Wetland or freshwater wetland," as defined and regulated under
this section, shall include lands and waters that meet the definition
provided in § 24-0107, Subdivision 1, of the New York State
Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of
the Environmental Conservation Law).
The list of obligate and facultative wetland and upland species
developed by the United States Department of Interior, Fish and Wildlife
Service, "National List of Plant species that occur in wetlands, New
York State: 1988," in cooperation with the National and Regional Wetland
Plant List Review Panels, or as amended and updated.
Establishments or places of business primarily engaged in
selling merchandise to other business, including retailers, industrial,
commercial, institution or professional business users, other wholesaler,
or acting as agents or brokers and buying merchandise for or selling
merchandise to, such individuals or companies.
A wind turbine is a rotating machine which enables the conversion
of kinetic energy in wind into mechanical energy.
An unenclosed, unoccupied space on the same lot with a building
or structure.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line.
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such rear lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.
See "Building Inspector."
A map, as adopted by the Town Board pursuant to the requirements
of Town Law §§ 264 and 265, which depicts the Town
of Beekman and the boundaries of the zoning districts described in
this chapter.
