APPLICANT Proponent of a land use application, as described herein.

BOARD(S) The Town Board, the Planning Board and the Zoning Board of Appeals and/or any other board having jurisdiction over any land use permit(s).

COMMITTEE A team consisting of the Town's engineer, the Commissioner of Planning, Environmental and Development and the Deputy Supervisor or their designees.

LAND USE APPLICATION Any application for a subdivision, site plan, special permit, variance, zoning amendment, wetlands permit and/or other use permit, requiring, in conjunction therewith, an environmental quality review pursuant to the State Environmental Quality Review Act or similar related county, state and federal laws and procedures.

APPEAL A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.

AREA OF MODERATE WAVE ACTION The portion of the SFHA landward of a V Zone or landward of an open coast without mapped V Zones, in which the principal sources of flooding are astronomical tides, storm surges, seiches, or tsunamis, not riverine sources. Areas of moderate wave action may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces and are treated as V Zones. The area of moderate wave action is an area within a Zone AE that is bounded by a line labeled "Limit of Moderate Wave Action."

AREA OF SHALLOW FLOODING A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD Land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A 1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "100-year floodplain." For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."

BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT That portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

BUILDING See "structure."

CELLAR The same meaning as "basement."

COASTAL HIGH-HAZARD AREA An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V. The coastal high-hazard area shall also include areas on a FIRM within a Zone AE that is bounded by a line labeled "Limit of Moderate Wave Action."

CRAWL SPACE An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.

DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING A nonbasement building (i) built, in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zone V1-30, VE, or V, or area of moderate wave action, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V I -V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

FEDERAL EMERGENCY MANAGEMENT AGENCY The federal agency that administers the National Flood Insurance Program.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD ELEVATION STUDY An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP (FHBM) An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.

FLOOD INSURANCE STUDY See "flood elevation study." FLOOD or FLOODING

       A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

       (1) The overflow of inland or tidal waters;

       (2) The unusual and rapid accumulation or runoff of surface waters from any source.

       B. Flood or flooding also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A above.

FLOODPLAIN OR FLOOD-PRONE AREA Any land area susceptible to being inundated by water from any source (see definition of "flooding").

FLOODPROOFING Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY The same meaning as "regulatory floodway."

FUNCTIONALLY DEPENDENT USE A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.

HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HISTORIC STRUCTURE Any structure that is:

       A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

       B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

       C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

       D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

       (1) By an approved state program as determined by the Secretary of the Interior; or

       (2) Directly by the Secretary of the Interior in states without approved programs.

LOCAL ADMINISTRATOR The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.

LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME The same meaning as "manufactured home."

NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.

ONE-HUNDRED-YEAR FLOOD OR 100-YEAR FLOOD The same meaning as "base flood."

PRIMARY FRONTAL DUNE A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

PRINCIPALLY ABOVE GROUND At least 51% of the actual cash value of the structure, excluding land value, is above ground.

RECREATIONAL VEHICLE A vehicle which is:

       A. Built on a single chassis;

       B. Four hundred square feet or less when measured at the largest horizontal projections;

       C. Designed to be self-propelled or permanently towable by a light-duty truck; and

       D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 33-4D(2) of this chapter.

SAND DUNES Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The "actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

       A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

       B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE - A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.

DRAINAGE FACILITIES - Includes gutters, swales, pipes, conduits and superstructures for the collection and conducting of stormwater to an adequate facility for the storage and disposal of the stormwater.

GROUNDWATER TABLE - The elevation of the top of the water stored in the highest aquifer in the subsoils, at the location of the proposed structure, including but not limited to so-called "perched water," except that where it is demonstrated that removal of the impervious layer underlying the perched water will substantially lower the level of the water, the lower water surface shall be considered the groundwater table. In locations where the groundwater is subject to tidal action, the mean high elevation of the groundwater surface shall be considered the groundwater table.

LATERAL SUPPORT -- The resistance to active horizontal pressure of soils provided by either the passive pressure of the adjoining soils or by a retaining wall or structure.

NATURAL DRAINAGE - The stormwater runoff resulting from topographical and geographical surface conditions prior to clearing, regrading or construction.

NATURAL WATERSHED - An area of land which, in its natural state and prior to any man-made change and due to its topography and geography, drains to a particular location within that area.

REGRADE - To change the elevation of the ground surface, either temporarily or permanently.

STABILIZATION - Treatment of subsoils to increase ability to resist lateral pressures and/or treatment of surface to resist wind and water erosion.

STORMWATER RUNOFF - The amount of rainwater which, due to topographical surface conditions and geology of the upstream land, drains to a particular location or the rate at which the rainfall passes through a particular location.

MINING - 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 and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.

ANIMATED SIGN - Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

AREA OF SIGN - The total area of the faces of the sign within a perimeter which forms the outside shape of said sign.

AWNING - A protective roof-like covering, often of canvas, mounted on a frame over a walkway or door.

BANNER - Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

BILLBOARD - Any freestanding commercial sign located on a plot or parcel other than that where the advertised business is conducted; also known as off-site or nonaccessory billboard. [Added 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001]

BUILDING INSPECTOR - The Chief Building Inspector of the Building Division of the Town of Brookhaven or any of his deputies or any inspector regularly assigned to the Department of Law.

CANOPY - A structural protective cover over an outdoor service area.

CANOPY SIGN - Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

CHANGEABLE COPY SIGN - A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

COMMERCIAL CENTER - Any building or buildings, structure or structures or premises used by one or more enterprises for a commercial purpose specifically permitted within the particular use district in which this term is applied where the proposed use occupies a site of five or more acres, whether built at one time as a unit or in two or more construction stages.

COMMERCIAL MESSAGE - Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

COMMISSIONER - The Commissioner of the Department of Planning, Environment and Development or his/her designee.

DEPARTMENT - The Department of Planning, Environment and Development.

DIRECTORY SIGN - Any sign containing a list of the names of business establishments located within a shopping center and/or the name of the shopping center.

ELECTRONIC MESSAGE SIGN - An on-premises sign with changing text or graphics generated by electronic components, with a black background or face, advertising an on-site product, service, or activity, public service message, time, and/or temperature. Said signs shall not create visual distractions to adjacent roadways. [Added 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]

ELECTRONIC SIGN - Any sign, video display, projected image, or similar device or portions thereof with text, images, or graphics generated by solid-state electronic components. Electronic signs include, but are not limited to, signs that use light-emitting diodes (LED), plasma displays, fiber optics, or other technology that results in bright, high-resolution text, images, and graphics. Said signs shall not create visual distractions to adjacent roadways. [Added 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]

ERECT - To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.

FREESTANDING SIGN - Any sign not attached to a building, including, but not limited to, monument signs, pole signs, and pylon signs. [Amended 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]

FRONT YARD - An open, unoccupied space on the same lot with the building or structure, extending the full width of the lot and situate between the street line and the front lines of the building. The depth of the front yard shall be measured between the front line of the building or structure and the street line.

GROUND SIGN - Any freestanding commercial sign which is accessory to the business conducted at the same location or parcel. [Added 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001]

HOUSE OF WORSHIP - Any structure in which any recognized religion which has a tax-exempt status meets to practice its religion.

ILLUMINATED SIGN - Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

LIGHTING DEVICE - Any light, string of lights or group of lights located or arranged so as to cause illumination on a sign.

MARQUEE SIGN - A canopy extending more than two feet from a building, with lettering thereon.

MOBILE SIGN - Any sign not designed or intended to be anchored to the ground and designed and intended to be capable of being transported over public roads and streets, whether or not it is so transported.

MONUMENT SIGN - A freestanding sign, generally having a low profile where the base of the sign structure is on the ground or just above the ground such that the sign has the appearance of a solid base and having a structure constructed of masonry, wood, or materials similar in appearance. [Added 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]

MUNICIPAL DIRECTORY SIGN - A sign erected and maintained by the Town of Brookhaven, with space available on a rental basis to businesses and enterprises wishing to have placed thereon a sign advertising their enterprise. Such sign must meet specifications as to size, color and appearance specified by the Town.

OVERSIZED GROUND SIGN - Any freestanding commercial sign which is accessory to the business conducted at the same location or parcel which exceeds an area of 32 square feet. [Added 8-14-2001 by L.L. No. 21-2001, effective 8-17-2001]

PENNANT - Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERMANENT SIGN - Any sign intended and installed to be permanently in place at a given location by means of suitable fastening to a building or to a structure specifically erected to hold such sign(s) or to the ground.

PERSON - Any person, firm, partnership, association, corporation, company, institution or organization of any kind.

POLE SIGN - A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. [Added 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]

POLITICAL SIGNS - Political posters, banners, promotional devices and signs of a temporary nature.

PYLON SIGN - Any freestanding sign that is supported by two or more uprights, poles, or braces, with visible support structure or that is surrounded by a decorative cover to form one solid sign support, often with a sign face having a vertical dimension in excess of its horizontal dimension. [Added 10-28-2014 by L.L. No. 27-2014, effective 11-4-2014]

ROOFLINE - The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

ROOF SIGN - Any sign in which all or any part extends above the wall of any building or structure, where said wall does not extend above the roofline. In no event shall a sign permitted as defined by "wall sign" extend beyond the actual wall surface.

SETBACK - The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

SHOPPING CENTER - Premises having two or more stores or business establishments in connection with which there is provided, on privately owned property near or contiguous thereto, an area or areas of land totaling at least one acre usable by the public as the means of access to and egress from the stores and business establishments on such premises and for the free parking of motor vehicles of customers and patrons of such stores and business establishments on such premises.

SIDE YARD - An open, unoccupied space on the same lot with the building or structure extending from the rear line of the front yard to the rear lot line on a line which would extend the side of the building facing said side yard to the rear lot line.

SIGN - Any material, structure or device or part thereof composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

SOFFIT SIGN - A sign affixed to the underside of a roof overhang adjacent to a store or other commercial premises.

STREET - A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.

       **Webmasters Note: The previous sections, 57A-1 through the previous definition of 57A-2, have been amended as per Supplement No. 50.

STREET FRONTAGE - The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

TEMPORARY SIGN - Any sign other than a permanent sign, except for posters, banners, window signs or building contractor's, subcontractor's, architect's or engineer's signs maintained on the premises only while the same is under construction.

WALL SIGN - Any single-faced sign which is attached to, incorporated into or painted on the exterior wall of the premises abutting a public street or a public or private parking field advertising only the business conducted on the premises. Such sign shall be parallel to the face of the wall.

WINDOW SIGN - A sign installed inside a window for purposes of viewing from the outside of the premises. This term does not include merchandise located in a window.

PERSON - Includes a person, partnership, corporation or any other form of legal entity, its agents and employees.

APPLICANT - The owner of real property, or his duly authorized agent, seeking a permit to remove trees pursuant to the provisions of this chapter.

PERSON - Any firm, partnership, association, corporation, company, public utility or individual.

PLANNING BOARD - The Planning Board of the Town of Brookhaven.

TREE - Any living, perennial, woody plant, its branches, its root system and its trunk, if greater than three inches in diameter measuring three feet from ground level, and six feet in height measured from ground level.

ADJACENT AREA - The adjacent area shall be subject to regulations for wetlands and waterways and shall extend 150 feet landward of and parallel to the wetland boundary or shoreline of a water body.

APPARENT HIGH WATER - For the purpose of this code, the apparent high water shall be defined as the approximate average high water level for a given body of water at a given location as determined by reference to hydrogeological information concerning water levels, as identified by direct measurement of the water level or rack line provided the date and time of the measurement are provided, or as identified by other appropriate tests.

APPARENT LOW WATER - For the purpose of this code, the apparent low water shall be defined as the approximate average monthly low water level for a given body of water at a given location as determined by reference to hydrogeological information concerning water levels as identified by direct measurement provided the date and time of the measurement are provided or as identified by other appropriate tests.

APPLICANT - The owner, contract vendee or authorized agent of the parcel of property which is the subject of an application under this chapter.

BOAT - Any vessel propelled by oars, paddles, sail, or fuel powered engine which must by law be registered with New York State or documented by the United States Coast Guard, including, but not limited to: power boats, sailboats, personal watercraft, including jet skis and wetbikes.

BOUNDARY-OF A WATERWAY - For waters under tidal influence, the spring high water mark will be considered the landward limit of a waterway. For waters not under tidal influence, the boundary will be the maximum landward limit of the waterway as determined by either field survey and/or historical information.

BOUNDARY OF A WETLAND - The landward limit of wetlands as specified in the definitions of "freshwater wetlands" and "tidal wetlands"below.

BULKHEAD - A vertical shore-hardening device intended to protect upland property from wave, wind, water and storm damage.

CATEGORY A PROJECT - Any regulated activity not specifically classified as a Category B project or as a work release shall be deemed a Category A project. Category A projects shall include, but are not limited to, subdivisions, land divisions, site plans, new residential and commercial buildings and associated activities which propose to or cause the erection of a building within 50 feet of wetlands and/or cause activities in association with construction of a new building such as removal of natural vegetation, filling, grading, the installation of roads, parking areas, drainage areas and the like which cause a disturbance to the soils or vegetation within 25 feet of wetlands; all commercial docks and residential docks which exceed the standards set forth in § 81-10 of this chapter and structural erosion control measures proposed on Town-owned land.

CATEGORY B PROJECT - Any regulated activity listed herein: subdivisions, land divisions, site plans, new residential and commercial buildings and associated activities which propose to or cause the erection of a building within 120 feet of wetlands but outside of 50 feet of wetlands and/or cause activities in association with construction of the structure such as removal of natural vegetation, filling, grading, the installation of roads, parking areas, drainage areas and the like which cause no disturbance to the soils or vegetation within 25 feet of wetlands; in-kind and in-place replacement of bulkheads, bulkhead refacing, new bulkheads, not located on Town-owned underwater land, construction of residential docks in conformance to the standards set forth in § 81-10 of this chapter, placement of residential mooring piles not associated with a previously permitted residential dock, all dredging projects, and construction of accessory structures such as pools, decks, garages, tennis courts, sheds and the like, and any work done appurtenant to an existing residence such as additions clearing, filling and regrading when such activities may, as determined by the Commissioner or his designee,. adversely impact a wetland or waterway. All non-maintenance projects of the Town of Brookhaven shall be considered Category B projects.

CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the apparent high water mark.

COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter.

COMMISSIONER - The Commissioner of Planning, Environment and Development.

DIRECTOR - The Director of the Division of Environmental Protection of the Town of Brookhaven.

DISCHARGE - The emission of any water, substance, or material into a wetland or waterway whether or not such substance causes pollution.

DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and mooring piles, as measured from the apparent low water mark to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is greater.

DREDGING - The removal or excavation of any sand, gravel, aggregate, soil, mud, or sediment from the land lying beneath any waterway or contiguous to any waterway.

FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the apparent high water mark.

FLOATING. DOCK - Any structure, raft. or floating platform which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. [Amended 12-17-2002 by L.L. No. 27-2002, effective 12-20-2002]

FRESHWATER WETLANDS - The lands and waters in the Town of Brookhaven (including but not limited to those lands and waters as shown on the Freshwater Wetlands Map prepared by or for the State of New York pursuant to § 24-0301 of the New York State Freshwater Wetlands Act and filed with the Suffolk County Clerk as of July 31, 1984, revised on June 14, 1989, and entitled "Tentative Freshwater Wetlands Maps"), which contain any or all of the following:

       A. Lands and submerged lands, commonly called marshes, swamps, sloughs, bogs, flats, streambanks, riverine systems, and the like, supporting aquatic of semiaquatic vegetation of the following vegetative types:

       (1) Wetland trees which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees, including, among others: red maple (Acer rubrum), willows (Salix spp.), swamp white oak (Quercus bicolor), black gum (Nyssa sylvatica) and sweet gum (Liquidambar styraciflua), Atlantic white cedar (Chamaecyparis thyoides), black ash (Fraxinus nigra), green ash (Fraxinus pennsylvanica), river birch (Betula nigra), and yellow birch (Betula alleghanensis).

       (2) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs, including, among others: alder (Alnus spp), buttonbush (Cephalanthus occidentalis), sweet pepperbush (Clethra alnifolia), swamp honeysuckle (Rhododendron viscosum), spicebush (Lindera benzoin), sheep laurel (Kalma latifolia), highbush blueberry (Vaccinium corymbosum), crimson eyed rose mallow (Hibiscus palustris), winterberry (Ilex verticillata), arrow- wood (Viburnum dentatum), common elderberry (Sambucus canadensis), inkberry (Ilex glabra), wild-raisin (Viburnum cassinoides), serviceberry (Amelanchier spp.), red chokeberry (Aronia arbutifolia), swamp rose (Rosa palustris) and witch-hazel (Hamamelis virginiana).

       (3) Emergent vegetation, including, among others: cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wild rice (Zizania aquatica), bur reeds (Sparganium spp.), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica), sweet flag (Acorns calamus), skunk cabbage (Symplocarpus foetidus), jewelweed (Impatiens spp.), blue flag (Iris versicolor), marsh marigold (Caltha palustris), horsetails (Equisetum spp.), swamp milkweed (Asclepias incarnata), and yellow flag (Iris pseudacorus).

       (4) Rooted, floating leaved vegetation, including, among others: water lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar advena).

       (5) Free-floating vegetation, including, among others: duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.).

       (6) Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other open land vegetation, including, among others: sedges (Carex and Cyperus spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cutgrass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), purple loosestrife (Lythrum salicaria), spotted joe-pye weed (Eupatorium maculatum), beggar ticks (Bidens spp.), cinnamon fern (Osmunda cinnamomea), marsh fern (Dryopteris thelypteris), ostrich fern (Pteretis pennsylvanica), royal fern (Osmunda regalis), sensitive fern (Onoclea sensibilis), spike rushes (Eleocharis spp.), and switch grass (Panicum virgatum).

       (7) Bog mat vegetation, including, among others: sphagnum mosses (Sphagnum spp.), pitcher plant (Sarracenia purpurea), cranberries (Vaccinium macrocarpon and V. oxycoccos), sundew (Drosera rotundifolia), and leatherleaf (Chamaedaphne calyculata).

       (8) Submergent vegetation, including, among others: pondweeds (Potamogeton spp.), naiad family (Najas spp.), Bladderworts (Utricularia spp.), wild celery (Valisneria americana), coontail (Ceratophyllum demursum), water milfoils (Myriophyllum spp.), muskgrass (Chara), stonewort (Nitella spp.), water weeds (Elodea app.) and water smartweed (Polygonum amphibium).

       B. Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period and provided further that such conditions can be expected to persist indefinitely, barring human intervention.

       C. Lands underwater and surface waters substantially enclosed by aquatic or semiaquatic vegetation as set forth herein in Subsection A above and/or dead vegetation as set forth in Subsection B above.

       D. Those geologic formations commonly known as "perched ponds."

       E. The waters overlying the areas set forth in Subsections A, B and D above.

FLOATING HOME - Any vessel in fact used, designed or occupied as a dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation which functions substantially as a land structure while the same is moored or docked within the municipal limits of the Town of Brookhaven, whether such vessel is self-propelled or not.

LANDS UNDERWATER - Those lands lying beneath or subject to predictable or regular immersion by fresh, brackish or saline waters.

MAINTENANCE DREDGING - Any dredging action which occurs in a location where dredging has been historically performed to maintain navigational access or which occurs within 10 feet of any bulkhead.

PERSON - Any corporation, firm, partnership, association, trust, estate or one or more individuals and any unit of government or agency or subdivision thereof.

POLLUTION - The presence in the environment of man induced conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant, marine or freshwater life, wildlife or other animal life, or to property; or unreasonably interferes with the comfortable enjoyment of life and property.

PROJECT PROPERTY - The property which is the subject of a wetlands application and any adjacent properties under common ownership.

RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles.

RESIDENTIAL HOUSEBOAT - A vessel not designed primarily for residential dwelling units, designed primarily for pleasure craft, recreation and for independent navigation and not considered a floating home, in accordance with the definition set forth above, and which is being used for residential purposes.

TIDAL WETLANDS - The lands and waters in the Town of Brookhaven (including but not limited to those lands and waters in the Town which are included in the inventory of tidal wetlands prepared by or for the State of New York and filed with the Suffolk County Clerk as of September 28, 1982, last revised November 16, 1982, and entitled "Tidal Wetlands Maps") which include any or all of the following:

       A. Those areas which border on or lie beneath tidal waters, such as but not limited to banks, bogs, salt marshes, swamps, meadows, flats or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters.

       B. All banks, bogs, meadows, flats and tidal marshes subject to such tides and upon which grow or may grow some or any of the following: salt meadow grass (Spartina patens), saltgrass (Distichlis spicata), black grass (Juncus gerardi), saltworts (Salsola spp.), sea lavendar (Limonium carolinianum), glassworts (Salicomia spp.), big cordgrass (Spartina cynosuroides), prairie cordgrass (Spartina pectinata), marsh elder (Iva frutescens), seamblite (Suaeda maritima); grouridsel tree (Baceharis halimifolia); crimson eyed rose mallow (Hibiscus palustris), seaside goldenrod (Solidago sempervirens) and the intertidal zone including salt marsh cordgrass (Spartina alterniflora).

WATERWAY - Any natural or artificial fresh or marine body of water commonly known as streams, rivers, creeks, lakes, ponds, estuaries, bays, harbors, oceans, and the like. A waterway includes those areas defined as lands underwater.

WATERWAYS MANAGEMENT SUPERVISOR - The Waterways Management Supervisor of the Division of Environmental Protection of the Town of Brookhaven.

WETLANDS - Those areas defined in this chapter as tidal or freshwater wetlands.

WETLANDS AND WATERWAYS PERMIT - That form of written Town approval required to conduct a regulated activity as specified under this chapter, hereinafter referred to as a "permit."

WIDTH OF A WATERWAY - The linear distance in feet as measured from the apparent low water mark from one shoreline to the corresponding point on the opposite shoreline.

WORK RELEASE - That form of written Town approval which permits a regulated activity without the issuance of a wetlands and waterways permit.

CODE ENFORCEMENT OFFICER - Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building/Zoning Inspector, Building Inspector, Zoning Inspector, Waste Management Inspectors, Housing Inspectors, Building Permits Coordinator, Electrical or Plumbing Inspector, Chief Fire Marshal, Assistant Chief Fire Marshal, Senior Fire Marshal, Police Officer, Town Investigator or Ordinance Inspector of the Town of Brookhaven and other law enforcement officers.

DWELLING UNIT A structure or building, one-, two-, or three-family dwelling, or multi-unit apartments, condominiums or cooperatives, occupied or to be occupied by one or more persons as a home or residence.

IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws.

OWNER - Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. [Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010]

RENT - A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.

RENTAL DWELLING - A dwelling unit established, occupied, used or maintained for rental occupancy as a one, two, or three family dwelling or multiple apartment units or condominiums or cooperatives.

RENTAL OCCUPANCY - The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.

RENTAL REGISTRATION A registration which is issued upon application to the Chief Building Inspector and shall be valid for 15 months from the date of issuance. [Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 7-2-2013 by L.L. No. 33-2013, effective 7-15-2013]

       § 82-3. Neighborhood preservation requirements.

       [Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 7-15-2014 by L.L. No. 14-2014, effective 7-27-2014]

       A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the accumulation of water. Gutters, culverts, catch basins, drain outlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized to prevent damage to any portion of the subject or adjacent properties or any improvements thereupon.

       B. Steps, walks, driveways, parking areas and other paved areas shall be maintained in good repair.

       C. Yards shall be kept clean and free of physical hazards and debris.

       D. All lawns, common areas and recreation areas shall be maintained in a clean and neat condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in total height. No portion of a lawn shall be damaged or destroyed by overuse or by the parking or driving of motor vehicles on such established lawn area. Carpet, tarps, sand or materials that damage or destroy the lawn shall not be placed anywhere upon a front lawn at any time. No portion of any front lawn shall be used for the parking, placement or storage of motor vehicles, trailers, boats or campers.

       E. Exterior surfaces of any and all dwellings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint.

       F. Dwellings, structures and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health.

       G. Dwellings, structures, accessory structures and property shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards.

       H. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Department standards.

       I. Floors, walls, ceilings and fixtures in residential dwellings shall be maintained in a clean and sanitary condition.

       J. Dwellings, structures and accessory structures shall be free of partitions or locked internal doors barring access between segregated portions of the building or dwelling unit.

       K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors servicing said bedroom or sleeping quarters.

       L. No bedroom shall constitute the only means of access of other bedrooms or habitable spaces, and bedrooms shall not serve as the only means of egress from other habitable spaces.

       M. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any dwelling, structure or accessory structure with a carbon monoxide source, in accordance with the New York State Uniform Fire Prevention and Building Code and Town Code Chapters 16 and 30.

       § 82-4. (Reserved)

       § 82-5. Fees.

       [Amended 7-22-2003 by L.L. No. 18-2003, effective 7-28-2003]

       A. A nonrefundable permit application fee shall be paid, upon filing an application for a rental occupancy permit or for a renewal rental occupancy permit, in accordance with the following schedule of rental dwelling units per structure: [Amended 7-2-2013 by L.L. No. 33-2013, effective 7-15-20131

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       B. The fee required by this section shall be waived for any applicant which demonstrates that it is a not-for-profit housing development corporation organized under the laws of the State of New York, and that it is providing housing for senior citizens or other designated special populations subject to income guidelines established by either federal or state regulation.

       C. Any owner who operates a multi-unit apartment complex shall pay a biennial fee based upon the number of rental units as follows:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       § 82-6. Smoke detectors.

       [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]

       Each rental dwelling shall be equipped with a functioning smoke detector device, in compliance with New York State Uniform Fire Prevention and Building Code.

       § 82-7. Required space for occupancy.

       [Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010; 1-19-2012 by L.L. No. 2-2012, effective 1-31-2012]

       No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:

       A. Every dwelling unit shall contain at least 150 square feet of floor area per occupant, the floor areas to be calculated on the basis of total usable floor area of habitable rooms.

       B. There shall be no more than four persons per bedroom.

       C. No unfinished basement or bathroom space shall be used to calculate the minimum total usable floor area.

       D. Each rental dwelling unit shall have a dining area and recreation area in the dwelling structure.

       § 82-8. Inspections.

       [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002; 7-15-2014 by L.L. No. 14-2014, effective 7-27-2014]

       A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Brookhaven, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with.

       B. The Chief Building Inspector of the Town of Brookhaven is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Chief Building Inspector or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this chapter.

       C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Chief Building Inspector of the Town of Brookhaven or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court.

       D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court-ordered inspection.

       E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable.

       § 82-9. Application for search warrant.

       [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]

       The Chief Building Inspector of the Town of Brookhaven or his designated representative is authorized to make application to the District Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.

       § 82-10. Rental registration required.

       [Amended 11-23-2010 by L.L. No. 41-2010, effective 12-7-2010]

       A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rent registration from the Chief Building Inspector. [Amended 8-28-2012 by L.L. No. 20-2012, effective 9-11-2012]

       (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members, of the owner of the subject premises, as defined in this chapter.

       B. Entities including, but not limited to limited-liability companies, corporations, small corporations, partnerships and professional corporations shall have a valid rental registration in effect at any time the dwelling is occupied.

       C. Application review; inspection of premises.

       (1) The Chief Building Inspector or his designee shall review each application for completeness and reject incomplete applications. The Chief Building Inspector shall create and approve the application requirements in accordance with this chapter.

       (2) Upon properly filing a complete application with the Building Division, the Chief Building Inspector shall issue a temporary rental registration valid for 90 days.

       (3) Inspection report. Within 90 days of receiving a temporary rental registration, the owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Chief Building Inspector or his designee employed by the Town of Brookhaven, or (2) provide to the Chief Building Inspector an inspection report, designed and approved by the Chief Building Inspector, signed by either a New York State licensed professional engineer, architect or home inspector that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. Upon receipt of the approved Inspection Report, the Chief Building Inspector shall issue a rental registration valid for 15 months from the date of the issuance of the temporary rental registration. [Amended 7-2-2013 by L.L. No. 33-2013, effective 7-15-2013]

       **Webmasters Note: The previous sections, 82-5.C through 82-10.C(3), have been amended as per Supplement No. 51.

       (4) No rental registrations may be issued after the expiration date of the temporary rental registration.

       D. Rental registration requirements.

       (1) Rental registration applications shall be in writing on a form designed and approved by the Chief Building Inspector and shall include the owner's name, address and telephone number.

       **Webmasters Note: The previous sections, 82-3 through 82-10.D(1), have been amended as per Supplement No 49.

       (2) Rental registrations shall also include the maximum number of persons that are allowed to occupy the premises pursuant to this chapter.

       (3) Rental registrations shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included.

       (4) All applicants must submit a sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Brookhaven local laws or ordinances pertaining to the property.

       (5) All applicants for a rental registration shall sign an affidavit stating that they have received a copy of and fully understand the Brookhaven Town Code concerning the restrictions on the number of unrelated persons occupying said residence.

       (6) All applicants must submit the following documents:

       (a) A property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities: said survey to be dated not more than one year prior to the date of the application.

       (b) A building permit application, properly prepared, for all proposed buildings, improvements and alterations to existing buildings on the premises, if any.

       (c) Copies of all certificates of occupancy and/or certificates of existing use for all building and structures on the property.

       (d) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Building Division of any change of address submitted pursuant to this section within five business days of any change thereto.

       (7) Each application shall be executed and sworn to by the owner of the premises.

       (8) Any additional information required by the Chief Building Inspector.

       (9) All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Building Division within five days of the designation of the manager or any changes thereto.

       E. Notwithstanding the above, no rental occupancy registration shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines.

       F. Renewal of rental registrations.

       (1) The Chief Building Inspector shall design and approve a renewal rental registration application form. A renewal rental registration application signed by the owner shall be completed and filed with the Building Department on or 90 days prior to the expiration date of any valid rental registration. A renewal rental registration application shall contain a copy of the prior rental registration.

       (2) A renewal rental registration application shall contain a signed sworn statement setting forth the following:

       (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Brookhaven local laws or ordinances pertaining to the property; and

       (b) That there are no changes to any information as provided on the prior valid rental registration and application.

       (3) Prior to the issuance of a renewal rental registration, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(3) above.

       (4) The Town of Brookhaven shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental registration expiration date has passed. If the expiration date has passed, the owner must file a new application.

       § 82-11. Revocation of permit.

       A. The Chief Building Inspector shall revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection can not be done by a devisee or assistant of the Chief Building Inspector.

       B. An appeal from such revocation may be taken by the permit holder to the Board of Zoning Appeals, by written request, made within 30 days from the date of such revocation. The Zoning Board of Appeals shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Zoning Board of Appeals has considered and ruled upon the issue.

       § 82-12. Broker's/Agent's responsibility.

       [Amended 11-23-2010 by L L. No. 41-2010, effective 12-7-2010]

       A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental permit has not been issued by the Chief Building Inspector. It shall be the broker's or agent's duty to verify the existence of a valid rental registration before acting on behalf of the owner.

       B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Town of Brookhaven where no valid rental registration has been issued as required under this chapter.

       C. In the event that a person convicted of a violation of this section shall have been a real estate broker or salesperson licensed by the State of New York, at the time such violation was committed, the Town Clerk shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint thereto against such licensee on behalf of the Town of Brookhaven, pursuant to the provisions of Article 12-A of the Real Property Law.

       § 82-13. Enforcement.

       This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter.

       § 82-14. Penalties for offenses.

       [Amended 4-16-2009 by L.L. No. 7-2009, effective 4-27-2009; 4-23-2013 by L.L. No. 19-2013, effective 5-8-2013]

       A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:

       (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.

       (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years.

       B. Each week's continued violation shall constitute a separate additional violation.

       C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein.

       § 82-15. Implementation.

       This chapter shall be effective immediately or upon filing with the Secretary of State, whichever is later. No violation of this chapter will be charged prior to April 1, 2000.

       § 82-16. Severability.

       If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment.

       Chapter 85 ZONING

       ARTICLE I General Provisions

       § 85-1. Definitions; word usage.

       A. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular include the plural number. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is always mandatory; and the word "used" or "occupied" shall be construed as though followed by the words "or intended, arranged or designed to be used or occupied." The word "Town" shall mean the Town of Brookhaven; the term "Town Board" shall mean the Town Board of said Town; the term "Planning Board" shall mean the Planning Board of said Town; the term "Board of Appeals" shall mean the Board of Appeals of said Town; the term "Chief Building Inspector" shall mean the Building Inspector of said Town; the term "Town Engineer" shall mean the Town Engineer of said Town; and the term "Town Clerk" shall mean the Town Clerk of said Town.

       B. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

ACCESSORY APARTMENT - A dwelling unit which is subordinate to a permitted principal one-family residence use in terms of size, location and appearance and is located within the principal structure.

ACCESSORY BUILDING, STRUCTURE OR USE - A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. An accessory use is permitted only on the same lot upon which a valid permitted principal use exists.

ACCESSORY FACILITY - A building or structure that serves the principal use, which is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

ACCESSORY SOLAR ENERGY SYSTEM - A solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices, including solar carports, and solar-related equipment, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

ACRE - As used herein, an acre shall be measured as 43,560 square feet.

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT ESTABLISHMENT - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age. Said establishments shall also include any movie theater in which a majority of the movie films presented are X-rated.

ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows, that is not open to the public generally but excludes any minor by reason of age.

AGRICULTURE -

       (1) OPEN FARMING - Includes the cultivation of the soil for food products and other useful or valuable growths of the field.

       (2) OTHER AGRICULTURE - Agricultural uses not included in the foregoing definition of "open farming," but including greenhouses, dairies and the raising of livestock, roosters and other poultry, except when such poultry consists solely of a total of six or fewer ducks or geese or female chickens or any combination thereof per residential premises, regardless of size.

ALTERATION - As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERNATIVE TOWER STRUCTURE - Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANAEROBIC DIGESTER FACILITY - An area or facility designed for disposal, storage and/or collection of organic biodegradable waste for the purpose of processing same into renewable natural gas and fertilizer.

ANTENNA - Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

ART GALLERY - An establishment engaged in the sale, loan, or display of art books, paintings, sculpture or other works of art or limited editions, where all activities occur inside the building.

ARTIST STUDIO - The showroom or workshop of an artist, sculptor, photographer or craftsperson.

ASSEMBLY/SOCIAL RECREATION HALL - An indoor space, open to the public, that houses room for small or large gatherings of people for meetings, meals, games, parties, or other gatherings.

AUTOMOBILE PARKING FIELD - A lot used solely for the parking of registered automobiles and only in conjunction with a permitted principal use, which is adjacent to or within 100 linear feet from the parking field.

BAR, TAVERN OR NIGHTCLUB - An establishment regulated by the New York State Liquor Authority and consisting of one or more of the following characteristics: age restrictions or cover charges for admission, listening or dancing to music provided by live entertainment, disc jockeys, juke boxes or hours of operation which extend beyond the normal dining times for dinner. The accessory or incidental sale of foods or snacks shall not entitle such a use to be considered a restaurant under other provisions of this code. The permanent or temporary removal of tables and chairs from such an establishment to permit any of the aforesaid characteristics shall constitute the creation of a bar, tavern or nightclub.

BARN - A structure or building designed and used exclusively for the housing of domestic animals and/or agricultural products and/or farm and/or agricultural equipment including, but not limited to, farm implements, tractors, cultivators, and other such items as are customarily used for active farming.

BED-AND-BREAKFAST ESTABLISHMENT - An owner-occupied single-family dwelling wherein, as an accessory use, guest rooms and breakfast only are made available to the public for compensation for short-term accommodation of no more than 14 consecutive nights.

BILLIARD HALL - A business establishment containing more than two pool or billiard tables for the use of patrons. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

BLIGHT - Commercial or industrial properties which have a deteriorating and/or abandoned building(s) in whole or substantial part thereof. These properties are inadequately maintained with debris, litter and/or trash and junk accumulation and missing public amenities and may impair or arrest the sound growth and development of the area, community or municipality. Blighting conditions share some or all following characteristics:

       (1) Unsafe or unhealthy conditions that make the building unfit for use.

       (2) Deterioration of the site.

       (3) Dilapidated, deteriorated, or defective structures.

       (4) Boarded-up buildings.

       (5) Criminal activity and loitering.

       (6) Aesthetically poor conditions: signs, parking area, facades.

       (7) Code violations and a public nuisance.

       (8) Vacant and underutilization of land, lots and buildings.

       (9) Weeds and poorly landscaped, debris and litter.

       (10) Poorly maintained, cracked sidewalks and curbing.

       (11) Damaged or missing fencing.

       (12) High vacancy or rates.

       (13) Outdated and inefficient buildings and uses.

       (14) Vacant lots on which buildings have been demolished.

BOARDINGHOUSE - A building other than a motel or hotel where lodging and meals are provided for compensation.

BUILDING - A structure having a roof supported by columns or walls, and when separated by a party wall without openings, it shall be deemed a separate building.

BUILDING HEIGHT - The vertical distance from the average grade at the base of the structure to the highest point of the roof, provided that chimneys, spires and similar permitted projections shall not be included in determining height.

CAMP COTTAGE - Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants within a tourist camp.

CAMP UNIT - Any plot of land in a tourist camp upon which is proposed to be located any tent, tent-house, camp cottage, tourist unit, house-car or trailer designed or equipped to be used for living, sleeping or eating.

CENTRAL PINE BARRENS - The land area described in Article 57 of the Environmental Conservation Law, as shall be amended from time to time, as the Central Pine Barrens Area.

CENTRAL PINE BARRENS COMPREHENSIVE LAND USE PLAN - The land use plan adopted by the Joint Policy and Planning Commission pursuant to Article 57 of the Environmental Conservation Law, together with all subsequent amendments thereto, also referred to in this chapter as the "Plan."

CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION - The Commission established by Article 57 of the Environmental Conservation Law; also referred to in this chapter as the "Commission."

CLOSED-LOOP GROUND-SOURCE HEAT PUMP SYSTEM - A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

COMMERCIAL BOAT STORAGE - Indoor or outdoor yard, place, or enclosure where boats are stored. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

COMMERCIAL CENTER - A retail use(s) which exceeds a gross floor area of 100,000 square feet and/or occupies a site of five or more acres.

COMMERCIAL SHIPYARD OR BOAT REPAIR YARD - A yard, place, or enclosure where boats or ships are built or repaired. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

COMMERCIAL VEHICLE - Every type of motor vehicle with a gross vehicle weight rating of 10,000 pounds or more driven or used for commercial purposes on the highways, such as for transportation of goods, wares and merchandise; motor coaches carrying passengers and trailers and semitrailers, including tractors when used in combination with trailers and semitrailers, except such vehicles as are run only upon rails or tracks. [Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

COMMISSIONER - The Commissioner of Planning, Environment and Land Management.

COMPATIBLE GROWTH AREA - The land area within the Town of Brookhaven described and defined by Article 57 of the Environmental Conservation Law located and situated in the Central Pine Barrens of Suffolk County.

CONSERVATION EASEMENT - As defined by Article 49 of the Environmental Conservation Law.

CONVENIENCE STORE - A retail establishment which sells food and beverages, prepackaged or packaged within the establishment and in a ready-to-consume state, and also sells newspapers, magazines and other sundries of a convenience nature, and which is open seven days per week, at least 12 hours per day.

CONVENTS AND MONASTERIES - The building or buildings utilized by members of a religious order as their primary residence and from where activities in furtherance of the religious order are conducted primarily for the residents therein, including, but not limited to, worship, education and labor.

CORE PRESERVATION AREA - The land area described and defined in Article 57 of the Environmental Conservation Law, together with subsequent amendments thereto.

CRITICAL RESOURCE AREAS - A land area located within the Compatible Growth Area identified in the Central Pine Barrens Comprehensive Land Use Plan as having significant environmental features for which development proposals are subject to review and approval by the Joint Planning and Policy Commission. (See Volume 1, Chapter 4, of the Plan for identification/location of specific critical resource areas.)

CURB LEVEL - The officially established grade of the curb in front of the midpoint of the lot.

DAY-CARE FACILITY - Any premises which receives six or more children, senior citizens or handicapped persons for day-care periods of less than 24 hours per day. The term "day-care facility" shall be deemed to include "nursery school," "kindergarten," "preschool," "day camp" and similar terms.

DELICATESSEN - A store which sells food products, both those ready to eat and those prepared to eat, and contains no facilities for eating on the premises.

DENSITY OF DEVELOPMENT - The residential unit yield (number of dwelling units) permitted under the existing zoning district classification for any given lot, parcel or assemblage.

DEPOT - An area where vehicles may be stored legally pursuant to all of the local laws and requirements of the Code of the Town of Brookhaven, including hut not limited to zoning, and which is owned or leased by the licensee. A depot shall be an accessory use to a motor vehicle repair shop, as defined in Chapter 66, Towing Businesses, of the Code of the Town of Brookhaven. A depot must be located on the same site plan as the motor vehicle repair shop. A depot must be paved, provided with drainage, and be screened from view with landscaping and a six-foot-high perimeter fence, having no opening, mesh, hole or gap larger than two inches measured horizontally and vertically. To qualify for use in connection with a towing business licensed pursuant to the provisions of Chapter 66 of the Code of the Town of Brookhaven, a depot shall be so constructed as to contain an additional area of not less than 2,025 square feet. Any depot legally existing prior to the effective date of this revision may be maintained as a nonconforming use in conformance with the provisions of Chapter 85 of the Code of the Town of Brookhaven. Any depot may be located entirely inside a building, provided that the building has the appropriate certificate of occupancy for such storage and is in compliance with the Fire Code.

DEVELOPMENT OF REGIONAL SIGNIFICANCE - Development projects in this article, which meet the threshold set forth subject to review and approval of the Joint Planning and Policy Commission.

DRIVE-IN ESTABLISHMENT - Any use which does not customarily provide off-street parking facilities and which serves the needs of customers who do not customarily leave their vehicles while being served. The term "drive-in establishment" shall be deemed to include but not be limited to such places of business as bank windows, motor vehicle washes and dairy stores.

DRIVEWAY - An area of a parcel, whether constructed of asphalt, pavement, cement, stone, or other material, or property left in a natural state, which automobiles use for means of egress from or ingress to a parcel of real property and/or by which automobiles may park on the property, not including the parking area within a structure such as a garage.

DRY CLEANER - An establishment which launders or dry-cleans articles dropped off on the premises directly by the customer or where articles are dropped off, sorted, and picked up but where laundering or cleaning is done elsewhere.

DUCK RANCH - Any area or areas used for the breeding, killing or handling of ducks or other water fowl exceeding 100 living units for commercial purposes.

DWELLING, MODEL - A dwelling or dwellings used for the exhibition or demonstration of dwellings or dwelling units for sale.

DWELLING, MULTIPLE - A building or portion thereof designed for or occupied by three or more families living independently of each other with separate cooking facilities.

DWELLING, SINGLE- OR ONE-FAMILY - A building designed for residential purposes and arranged or intended to be occupied by one family doing its own cooking, which building shall have not more than one kitchen. Boardinghouses and rooming houses shall not be deemed single- or one-family dwellings. A single- or one-family dwelling is no longer being used as a single- or one-family dwelling if any of two or more of the following features are found to exist on the premises of that building or dwelling unit by the Chief Building Inspector or his designee:

       (1) More than one mailbox, mail slot or post office address.

       (2) More than one doorbell or doorway on the same side of the building or dwelling unit.

       (3) More than one electric meter.

       (4) More than one gas meter.

       (5) More than one connecting line for cable television.

       (6) Separate entrances for segregated portions of the building or dwelling unit.

       (7) Partitions or locked internal doors barring access between segregated portions of the building or dwelling unit, including bedrooms.

       (8) Separate written or oral leases or rental agreements or the payment of rent for portions of the building or dwelling unit among its owner and residents.

       (9) Two or more kitchens, each of which contains a range or oven and refrigerator and sink.

DWELLING, TWO-FAMILY - A detached building designed for or occupied exclusively by two families living independently of each other with separate cooking facilities.

ESSENTIAL SERVICE - The erection, construction, alteration or maintenance by public utilities or municipal corporations of underground or overhead gas, electrical or water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal corporations or for the public health, safety or general welfare.

EXHIBIT HALL - A building or part thereof used to display items for observation, review, or inspection only and not otherwise intended as a place of assembly.

FAA - The Federal Aviation Administration.

FAMILY -

       (1) The following groups shall be considered a family:

       (a) Any number of persons related by blood, marriage, legal adoption or legal foster relationship, living and cooking together as a single, nonprofit housekeeping unit.

       (b) Four or more persons occupying a single dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

       (2) It shall be presumed that four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family. This presumption can be overcome only by a showing that, under the standards enumerated in Subsection (3) hereof, the group constitutes the functional equivalent of a traditional family. A determination as to the status of such group may be made in the first instance by the Chief Building Inspector or his designee, or on appeal from an order, requirement, decision or determination made by him, by the Zoning Board of Appeals in conformance with this Chapter 85 of the Brookhaven Town Code.

       (3) In determining whether four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption or legal foster relationship constitute the functional equivalent of a traditional family pursuant to Subsection (2), the following factors shall be evaluated:

       (a) The group is one which lives and cooks together as a single housekeeping unit, shares expenses for food, rent, ownership costs, utilities and other household expenses. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.

       (b) The group is of a permanent and stable nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a dwelling unit by a group which otherwise meets the standards of this subsection at its permanent residence. Evidence of such permanence and stability includes, but is not limited to:

       [1] The presence of minor children regularly residing in the household who are enrolled in a local school.

       [2] Members of the household have the same address for the purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail.

       [3] Members of the household are employed in the area.

       [4] The household has been living together as a unit for a year or more, whether in the current dwelling or in other dwelling units.

       [5] The existence of a head of the household that cares for the occupants in a family-like living arrangement.

       [6] Common ownership of furniture and appliances among the members of the household.

       [7] Any other factors reasonably related to whether or not the occupants are the functional equivalent of a family.

       (c) All other requirements of this chapter regarding the use and occupancy of a residence for one family shall be complied with.

       (d) Any determination under this subsection shall be limited to the status of a particular group of persons as a family and shall not be interpreted as authorizing any other use, occupancy or activity.

       (e) In no case shall a residence for a single family be occupied by more than the number of persons permitted under the standards presented in this chapter.

       (f) Floor plans of the dwelling unit shall be submitted to the Chief Building Inspector or his designee, and on appeal if necessary to the Zoning Board of Appeals, and must conform to all Town and state laws, regulations and codes.

       (g) There shall be at least one room which is not designed as a conventional bedroom, bathroom, foyer, storage area or closet.

       (h) The Chief Building Inspector, or his designee, or the Zoning Board of Appeals may impose such conditions and safeguards as it shall deem reasonable, necessary and/or advisable in order to maintain the stability and character of the neighborhood and protect the health, safety and welfare of the community.

FARMERS MARKET - Any building or buildings, structure or structures or premises used by four or more transient or part-time independent vendors for the sale at retail of produce, goods, wares or merchandise.

FCC - The Federal Communications Commission.

FERRY TERMINAL/FACILITY - A specialized docking facility that receives a ferryboat or train ferry that is used to carry passengers and/or motor vehicles across a body of water. A terminal building may be available for ticket sales and waiting of passengers. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

FLOOR AREA - The total of the horizontal areas of the several floors of a building, excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA RATIO (FAR) - The gross floor area of a structure(s) divided by the total lot area.

FOUNDATION - The underlying supporting substructures of a building, including footings, foundation walls and supporting piers, piles, and columns, exclusive of any slab, first floor walls, or other structural components of the building.

FRONT BUILDING LINE - The line across the entire frontage of the lot at the required front yard depth.

GARAGE, ATTACHED - A private garage attached to the principal structure by means of a common wall or by means of a fully enclosed breezeway not exceeding 10 feet in length.

GARAGE, DETACHED - A private garage detached from the principal structure or attached to the principal structure by means of an enclosed breezeway exceeding 10 feet in length. Detached garages shall be considered accessory structures but may not be greater than 14 feet in height above the surrounding grade, and any area above the first-floor level may only be used as a storage area with a ceiling height not to exceed six feet above the floor. Detached garages may not exceed 600 square feet in floor area and may not be located forward of the front foundation line of the principal structure. No more than one detached garage shall be permitted on any parcel of property. The above limitations shall not apply to detached garages utilized for permitted commercial or industrial purposes in connection with a permitted principal use.

GARAGE, MINOR - A building, other than a private garage, not more than one story in height, used for the storage only of noncommercial automobiles and in which no repair work or servicing of any kind is carried on. Such garages shall not be utilized for the retail sale of motor fuels, lubricants and other motor vehicle supplies.

GARAGE, PRIVATE - An accessory building, not more than one story in height, for the storage of one or more power-driven vehicles used by the owner(s) or tenant(s) of the lot on which it is erected and for the storage of not more than two noncommercial automobiles used by others. A private garage is permitted only on the same lot upon which a valid permitted principal use exists.

GEOTHERMAL ENERGY - Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. A generating system that uses the earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

GRADE, FINISHED - The completed surfaces of lawns, driveways and walks brought to grades as shown on the plans or designs relating thereto.

GREENHOUSE - A structure which is specifically designed, constructed and used for the culture and propagation of horticultural commodities.

GROSS FLOOR AREA (GFA), COMMERCIAL - The total floor area of a structure as measured from the exterior faces of the walls. GFA shall include accessory buildings/structures, above-grade floors, stairwells at each story, interior balconies, mezzanines, floor space utilized for mechanical equipment with structural headroom of seven feet six inches or more and covered or enclosed porches, patios and decks. GFA shall include the area under a gambrel, gable, hip or similar type roof, where there exists a floor-to-ceiling height of five feet or more, unless access to said area is limited to a scupper or pull-down staircase. All storage space or occupied space shall be included when calculating GFA for nonresidential uses. Open and unroofed decks and patios, awnings, sills, cornices, buttresses and eaves shall not be included in calculating GFA.

GROSS FLOOR AREA (GFA), RESIDENTIAL - The total floor area of a structure as measured from the exterior faces of the walls. GFA shall include accessory buildings or structures, above-grade floors, stairwells at each story, interior balconies, mezzanines and covered or enclosed porches, patios and decks. GFA shall include the area under a gambrel, gable, hip or similar type roof, where there exists a floor-to-ceiling height of five feet or more, unless access to said area is limited to a scupper or pull-down staircase. Below-grade floors shall not be included in GFA for residential uses, provided such floors are at least 75% below grade and are not used as habitable space. Open and unroofed decks and/or patios, awnings, sills, cornices, buttresses and eaves shall not be included in calculating GFA.

GROUND-SOURCE HEAT PUMP SYSTEM (GSHPS) - A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site.

GUIDELINES - Planning recommendations set forth in this chapter applicable to development proposals at the discretion of the governmental board or body otherwise authorized to review and approve said development proposals.

HEALTH CLUB - An establishment that provides facilities for physical fitness activities, including, but not limited to, aerobic exercises, running and jogging, exercise equipment, games courts, swimming facilities and saunas.

HEAT TRANSFER FLUID - A nontoxic and food-grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.

HEAVY CONSTRUCTION VEHICLES AND EQUIPMENT DEALERSHIP - A building or a part of a building or a lot or a part of a lot used for the sale, rental, lease, display or storage of those vehicles and/or equipment commonly used during construction, maintenance or demolition of utilities, buildings or structures or with the excavation of earth, sand or other construction materials. Such vehicles and equipment shall include, but not be limited to, commercial grade tractors, backhoes, front-end loaders, forklifts, bulldozers and scissor lifts.

HEIGHT - When referring to a tower or other structure, the distance measured from the finished mean grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

HISTORIC DISTRICT - An area containing buildings, structures or places which have a special character and ambiance based on historical value, notable architectural features representing one or more periods or styles of architecture of an era of history or the cultural and aesthetic heritage of the community and which area constitutes a distinct physical section of the Town of such significance as to warrant its conservation, preservation and protection from adverse influences.

HISTORIC DISTRICT TRANSITIONAL AREA - An area extending for a distance of 500 feet from and contiguous to the perimeter boundary of an historic district. The purpose of such transitional area shall be to control the effect of potentially adverse environmental, visual and developmental influences on an historic district.

HISTORIC LANDMARK - Any historic building, site, structure, object or district that represents an outstanding aspect of American history and culture and designated by the Town Board of the Town of Brookhaven.

HOME OCCUPATION - An accessory use of a service character customarily conducted within a dwelling by the residents 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, and in connection therewith there is not involved the keeping of a stock-in-trade. The office of a physician, attorney, architect, accountant, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be home occupations; and the occupations of dressmaker, milliner or seamstress, each with not more than one paid assistant, shall be deemed to be home occupations. Dance studios, musical instrument instruction in groups, tearooms, tourist homes, beauty parlors, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home occupations.

HORSE FARM - An establishment principally used for the showing, breeding, boarding, renting or training of horses.

HOSPITAL - A facility or institution possessing a Public Health Council certificate and engaged principally in providing services by or under the supervision of a physician for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, treatment center, rehabilitation center other than a facility used solely for a vocational rehabilitation, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in asylum or outpatient lodge. Nothing herein shall be construed so as to prohibit the operation of union treatment centers, provided that they are located in the appropriate district and do not provide overnight accommodations. The private practice of medicine will be differentiated from a treatment center using the criteria set forth in § 600.8 of Title 10 of the New York Codes, Rules and Regulations, which section is incorporated herein by reference.

HOTEL - A building designed to provide individual sleeping accommodations for short-term transient occupants, without direct outside access, with or without restaurant facilities and a common entrance, common heating system or general dining room.

INCENTIVE ZONING - An increase in development intensity or density, or change of use permitted under the existing zoning district classification, which may be available upon the redemption of Pine Barrens development credits.

INDOOR RECREATION - A building or structure designed and equipped for the indoor conduct of sports and leisure-time activities within a building or structure, including indoor places of amusement, game rooms with snack bars, pro shops and facilities for social events.

INTENSITY OF DEVELOPMENT - An increase in the gross floor area or the uses permitted under the existing zoning district classification for nonresidential development of a given parcel, lot or assemblage.

JUNKYARD - The use of more than 300 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. "Junkyard," however, shall not be construed to mean a depot, as set forth in Chapter 66, Towing Businesses, of this Code, when vehicles are stored in said depot after being towed there by the owner or operator of said depot and are stored for not more than 30 consecutive days or until sold as junk, whichever shall occur sooner.

KITCHEN - A space used for, or intended to be used for, the cooking or preparation of food and containing any of the following: a refrigerator of any size, a sink, or cooking device, including but not limited to a range, oven, microwave, toaster oven, hot plate, grill, or hot pot.

LAND DIVISION - A division of any parcel of land into two or more lots, plots or sites in which all building lots front on an existing improved street, not requiring the construction of any new streets or roads and not adversely affecting the development of the remainder of the parcel or adjoining property.

LARGE COMMERCIAL RETAILER - A retail use within a commercial center, which tenant space exceeds a gross floor area of 125,000 square feet; commonly known as a "Big Box" store primarily containing a single tenant within one enclosed structure and may be either freestanding or attached to additional stores.

LARGE COMMERCIAL RETAILER WITHIN THE ROUTE 25A HAMLET CENTER OVERLAY DISTRICT - A retail use within a commercial center located within the Route 25A Hamlet Center Overlay District or Route 25A Transition Overlay District, which tenant space is between 60,000 square feet and 75,000 square feet of gross floor area, primarily containing a single tenant within one enclosed structure and may be either freestanding or attached to additional stores.

LAUNDROMAT - A business premises equipped with individual clothes-washing or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a garden apartment or multiple dwelling.

LAUNDROMAT, MEGA - A laundromat is considered a super or mega laundromat if one or more of the following are met or exceeded:

       (1) A total of 50 double-load machines (washers and dryers combined).

       (2) Five thousand square feet of interior space.

       (3) Generation of 30,000 gallons or more of wastewater per day.

LIVE PERFORMANCES - COMMUNITY THEATER - A building or part of a building devoted to the showing of dramatic, musical, motion-picture or comedic live performances.

LOADING SPACE - An off-street area available for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. [Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

LODGE - The premises and buildings used by a private organization of voluntary members as a place of assembly catering exclusively to the members and their guests primarily for a patriotic, veterans, fraternal, benevolent, religious or political purpose in which eating, drinking, meeting or indoor recreational activities are conducted. The lodge shall not be used in whole or in part for the conduct of any business or enterprise for profit, but that shall not be construed as preventing the utilization of a lodge for benefits or performances for a recognized charitable, philanthropic or altruistic purpose.

LOT - A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter. Upland only shall be deemed land; neither land underwater, shore, strand nor beach shall be deemed land for the purposes of this chapter.

LOT, CORNER - A lot situated at the junction of and fronting on two or more streets.

LOT, INTERIOR - A lot other than a corner lot.

LOT LINES - The lines bounding a lot as defined herein.

LOT, THROUGH - An interior lot having frontage on two streets.

MARINA - A dock or basin providing secure moorings for pleasure boats and offering supply, refueling, washing or repair, and other facilities, which may include retail sales and restaurants, and may provide in- or out-of-water boat storage. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

MASSAGE ESTABLISHMENT - Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical or massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude spas, and health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

MINI-STORAGE FACILITIES (ALSO KNOWN AS "MINI-STORAGE WAREHOUSES" AND/OR "SELF-STORAGE FACILITIES") - A structure(s) partitioned into private storage spaces or areas of varying size, individually leased or rented for varying terms to the public at large.

MIXED-USE BUILDING - A building in which residential uses are permitted to exist simultaneously with legally permitted commercial uses.

MOBILE HOME - A one-story, single-family dwelling unit not less than 10 feet in width and 50 feet in length which:

       (1) Is designed to be transported, after fabrication, on its own wheels to a site upon which it is not permanently affixed to a foundation.

       (2) Is designed for year-round, long-term occupancy and contains sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections designed to be attached to outside systems.

       (3) May contain parts that may be folded, collapsed or telescoped when being transported and expanded later to provide additional cubic capacity, as well as two or more separately transportable components designed to be joined into one integral unit capable of being again separated into the components for repeated transporting.

MOBILE HOME COMMUNITY - A parcel of land not less than 50 acres in area which is designed and improved for the placement of mobile homes for nontransient occupancy.

MOBILE HOME LOT - A designated site within a mobile home community to be rented for the exclusive use of the occupants of a single mobile home.

MOBILE HOME STAND - That part of an individual mobile home lot which has been reserved for the placement of the mobile home.

MOTEL OR MOTOR LODGE - A one-story or two-story building or series of one- or two-story buildings containing separate units to be occupied as sleeping quarters for transient travelers, together with adequate sanitary facilities and parking facilities sufficient to accommodate one motor vehicle for each unit. There shall be no cooking facilities contained in any unit, and no cooking shall be permitted in any unit.

MOTOR VEHICLE DEALERSHIP - A building or a part of a building or a lot or a part of a lot used for the sale, rental, lease, display or storage of new and/or used vehicles, including, but not limited to, automobiles, vans, trucks, trailers, buses, campers, recreational vehicles, boats or any other vehicle required to be registered with the New York State Department of Motor Vehicles. Accessory uses may include but are not limited to motor vehicle repair and motor vehicle wash. This definition shall not be construed to include heavy construction vehicles and equipment as defined herein. [Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

MOTOR VEHICLE FUELING STATION - The retail sale of motor vehicle fuels or the sale of or dispensing of motor vehicle fuel, including alternate fuels and fuel cell electric charging for delivery into the service tank of any motor vehicle. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

MOTOR VEHICLE RENTAL - A company which is engaged in the business of renting (without a driver) motor vehicles and which maintains a motor vehicle fleet of five or more passenger vehicles that are available for rental purposes, but does not include a motor vehicle repair shop. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

MOTOR VEHICLE REPAIR - The repair or servicing of automobiles, trucks, motorcycles, campers, trailers, recreational vehicles, recreational watercraft or any type of vehicle defined as a motor vehicle by New York State. Repair work shall include, but not be limited to, engine, transmission and other mechanical repair, tune-ups, body work, tire mounting and balancing, window tinting, detail work or similarly related work and accessory repair, including, but not limited to, radio, telephone and alarm installation.

MOTOR VEHICLE WASH FACILITY - Any facility wherein vehicles are cleaned by hand or mechanical means.

MOVIE THEATER, COMMUNITY - A building devoted to the showing of motion pictures on one or more screens within the building(s) on a paid-admission basis where the total number of seats or maximum permitted occupancy, as determined by the Town of Brookhaven, does not exceed 1,500.

MOVIE THEATER, REGIONAL - A building devoted to the showing of motion pictures on one or more screens within the building(s) on a paid-admission basis where the total number of seats or maximum permitted occupancy, as determined by the Town of Brookhaven, exceeds 1,500.

MULTIPLE-FAMILY RESIDENCES - Includes detached or semidetached dwelling units and other forms of multiple-family structures, whether rental, cooperative or condominium.

MUSEUM - A commercial establishment for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest. Such activity may include the sale of the objects collected and memorabilia, the sale of craft work and artwork, boutiques and the holding of meetings and social events.

NATURAL VEGETATION AND PLANT HABITAT CLEARING - The removal of any existing natural vegetation located on a lot, parcel or site, exclusive of vegetation associated with active agricultural or horticultural activity or formalized landscaped and/or turf areas.

NONCONFORMING STRUCTURE - Any structure that does not conform to the current zoning by reason of lot area, setbacks, side yards or rear yards.

NONCONFORMING USE - Any use of a building, structure, land or underwater land area lawfully existing at the time of the passage of this chapter, or any amendments thereto affecting such use, which does not conform to the regulations of the use district in which the building, structure, land or underwater land is situated.

NON-DEGREE-GRANTING SPORTS INSTITUTION/PROGRAMS - Educational facilities which do not offer an associate baccalaureate, graduate or professional degree, such as dance, gymnastics, self-defense, swimming, manufacturing or driver training.

NONMOTORIZED RECREATIONAL ACTIVITIES - Recreation activities which occur outdoors and do not utilize motorized vehicles or motorized equipment, wherein no principal buildings are constructed, no sand or materials are removed from site, no grading and no clearing, other than for required parking or accessory structures, may occur. Said uses shall not include those uses permitted in Town Code §§ 85-514 and 85-515.

NURSING HOME - A building or buildings which provide full-time skilled nursing care and related medical services for aged, convalescent or chronic disease patients and which is or will be licensed and operated in conformity with the standards and regulations of the New York State Department of Health and the New York State Department of Social Welfare. No care shall be provided for persons who are mentally ill, acutely ill or who have a communicable disease, and no surgical or obstetric services shall be provided in such a home. The term "nursing home" shall be deemed to include a convalescent home, sanatorium, rest home or home for the aged, but shall not be deemed to include an extended-care facility operated incident to and in conjunction with a hospital approved by the Joint Commission on Accreditation.

OFFICE - A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

OFF-TRACK BETTING (OTB) PARLOR - A commercial use at which persons can visit to wager upon and observe by remote television the outcomes of events that are taking place elsewhere. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

OUTDOOR STORAGE - The location of goods, materials or equipment other than in an enclosed building or structure.

OUTDOOR STORAGE AS AN ACCESSORY USE - Such use as is incidental and subordinate to the principal building located on the same lot with such principal building. Outdoor storage as an accessory use is permitted only on the same lot upon which a valid permitted principal building exists and may not exceed 1/3 the size of the principal building.

OUTSIDE RETAIL DISPLAY - The temporary display and sale of any goods, products and merchandise for retail sales to the general public for personal or household consumption, directly situated adjacent to and outside of a building or structure; outside display shall not include outdoor storage.

OUTSIDE SEATING - A porch, patio, deck or other area of land used for outdoor dining services which is not within the interior building walls of the restaurant, eatery or other facility with which the dining area is associated.

PARKING GARAGE, PRIVATE - An accessory building, or a part of a principal building, for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the parking of motor vehicles with no facilities for mechanical service or repair. Each level of a parking garage shall be included in determining the floor area ratio (FAR) of a parcel.

PARKING GARAGE, PUBLIC - A building or structure or a part of a building or structure used for the parking of automobiles, with no facilities for motor vehicle repair or service, operated as a business enterprise with a service charge being or fee being paid to the owner or operator for the parking of privately owned vehicles. Each level of a parking garage shall be included in determining the floor area ratio (FAR) of a parcel.

PARKING SPACE - An area available for the parking of one motor vehicle in a private or public automobile parking field or private or public parking garage and having direct access to a street or travel way. Loading space shall not be included in such area. [Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

PERSON - Any individual, firm, trust, partnership, corporation or other legal entity.

PERSONAL SERVICE SHOPS - Establishments primarily engaged in providing services involving the care of a person or his or her personal goods, including, but not limited to, barbershops, beauty shops, salons, shoe repair, spas, tailors and tanning salons, excluding laundromats, mega laundromats and dry cleaners. [Amended 7-16-2015 by L.L. No. 13-2015, effective 7-28-2015]

PINE BARRENS CREDIT CERTIFICATE - A certificate issued by the Joint Planning and Policy Commission which establishes the number of Pine Barrens development credits attributable to a given lot, parcel or assemblage of lands located in the Core Preservation Area which verifies the severance of development rights from the subject premises as evidenced by a recorded written instrument, a conservation easement, and which renders said Pine Barrens development credits available for sale or transfer.

PINE BARRENS CREDIT PROGRAM - The allocation and subsequent transfer of Pine Barrens development credits derived from lands located within the Core Preservation Area for the purpose of redirecting development from the Core Preservation Area to eligible lots, parcels or assemblages located in receiving districts.

PLANNED DEVELOPMENT DISTRICT - A floating zone specifically designed and approved by the Town Board to allow the unified and coordinated development of a parcel(s) of land, including the transfer of density from the Core Area of the Central Pine Barrens, as well as from one portion(s) of the site to another portion(s), the granting of zoning incentives to achieve special public benefits, and other flexible design features, all intended to help achieve the implementation of the legislative intent, purposes and goals of this article as established by the Town Board.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS - Any tower or antenna for which a building permit or special use permit or highway work permit has been properly issued prior to the effective date of this article or which was permitted pursuant to a lease or license granted by the Town Board, including permitted towers or antennas that have not yet been completed or constructed so long as such approval(s) is current and unexpired, or any tower which is existing and has a certificate of compliance.

PREMISES - Land with or without buildings or structures thereon.

       **Webmasters Note: The previous definitions, Non-Motorized Recreational Activities through Premises, have been amended as per Supplement No. 54.

PRIVATE OR PUBLIC AUTOMOBILE PARKING FIELD - An off-street, ground-level open area, under or outside of a building or structure, designed and used for the temporary storage of motor vehicles, including parking lots. [Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

PUBLIC MEETING - All open meetings as defined by the New York Open Meetings Law.

PUBLIC SPACE - The totality of areas used freely on a day-to-day basis by the general public, that help promote social interaction and a sense of community; reflect the community's local character and personality; foster social interaction and create a sense of community and neighborliness; provide a sense of comfort or safety to people gathering and using the space; and encourage use and interaction among a diverse cross-section of the public. Examples include, but are not limited to, the following: plazas, town squares, monuments or monument signs, active and passive parks, band shells, marketplaces, public commons and malls, public greens, and fishing and recreational piers.

RECEIVING DISTRICT - An eligible zoning district within the Town which is located outside of the Core Preservation Area where Pine Barrens development credits may be redeemed for an increase in intensity or density of development.

REDEMPTION OF PINE BARRENS CREDITS - The application or utilization of a Pine Barrens credit for a particular development project.

REDEVELOPMENT - The reuse of existing developed property. Redevelopment requires demolition or rehabilitation of existing buildings or structures on the site or changes to the site itself to accommodate reuse. Redevelopment does not require a change in use.

REDEVELOPMENT PROJECT - A project or development that is specifically designed and planned to incorporate the initiatives set forth herein.

RESIDENTIAL OVERLAY DISTRICT - All lots, parcels or assemblages of lands located in the A Residential 1 Zoning District and A Residential 2 Zoning District and outside of the Core Preservation Area, subject to the criteria set forth in this article.3

RESIDENTIAL STREET - That part of every public street which abuts on or passes through a residential-zoned district. [Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

RESIDUAL USES - The uses permitted on privately held parcels, lots or assemblages of land(s) located in the Core Preservation Area identified in a recorded conservation easement.

RESTAURANT - Any establishment where the principal business is the commercial sale of prepared food, frozen desserts or beverages, to patrons for immediate consumption, with a total gross floor area of between 2,001 square feet and 4,999 square feet, and between 17 seats and 199 seats, and without drive-through service.

RESTAURANT, MAJOR - Any establishment where the principal business is the commercial sale of prepared foods, frozen desserts, or beverages, to patrons for immediate consumption, with a total gross floor area of 5,000 square feet or greater, or with 200 seats or greater, or with drive-through service.

RESTAURANT, TAKE-OUT - Any establishment where the principal business is the commercial sale of prepared foods, frozen desserts or beverages, to patrons for immediate consumption, with a total gross floor area of 2,000 square feet or less, and not more than 16 seats, and without drive-through service.

RETAIL SALES ESTABLISHMENT - A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

RETIREMENT OF PINE BARRENS CREDITS - The extinguishment of a Pine Barrens credit without application of said credit to a particular development project.

ROAD FRONTAGE (COMMERCIAL AND INDUSTRIAL LOT FRONTAGE) - The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. On a curvilinear street, the arc between the side lot lines shall be considered the lot frontage.

ROOMING HOUSE - A building, other than a motel or hotel, where lodging is provided for compensation.

SENIOR CITIZEN HOUSING UNIT - A residential dwelling unit limited to persons who are 55 years of age or over, with the following exceptions:

       (1) A husband or wife under the age of 55 years who is residing with his or her spouse who is 55 years of age or over.

       (2) Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is/are residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren are over the age of 19 years.

       (3) Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Town Board that the presence of such person is essential for the physical care and economic support of eligible older persons.

SERVICE BUILDING - A permanent structure built to conform to Town construction standards, housing management offices or recreational, maintenance, storage or laundry facilities.

SHARED PARKING - Parking that is utilized by two or more different uses or properties that generate different peak period parking demand.

SHOP - An enclosed building housing an establishment offering a specified line of goods or services for retail sale direct to walk-in customers.

SIGN - Every kind of billboard, signboard and other shape or device or display arranged, intended, designed or used to advertise, announce, direct or otherwise inform, including any text, symbol, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building or structure, but not including any flag, pennant or insignia of any nation, state or municipal corporation.

SINGLY AND SEPARATELY OWNED LOT - Any lot owned individually and separately and separate from any adjoining tracts of land on or before its inclusion within any zoning district and owned individually and separately and separated from any adjoining tracts of land continuously thereafter.

SOLAR COLLECTION SYSTEM - A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.

SOLAR ENERGY PRODUCTION FACILITY (SOLAR FARM) - An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to a public utility entity. Solar energy production facilities consist of one or more freestanding ground or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

STANDALONE FARM STAND - Any structure, not on the same property as a farm, used for the purpose of retail sale of produce, plant stock or products cooked, pressed or dried from produce grown on farming operations. A truck or trailer on wheels, with areas in excess of 20 square feet and not exceeding 1,000 square feet, displaying locally grown produce shall be considered a standalone farm stand. A standalone farm stand shall not sell manufactured products or products not locally grown.

STANDARDS - Mandatory parameters and requirements applicable to development within the Compatible Growth Area as established in this article.4

STONE AND MASON SUPPLY - Any structure or land used for the display and/or sale of natural stone, cultured stone, pavers, bricks, retaining walls and which may also include other mason supplies, construction, landscape and building materials associated with landscaping and building construction. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between such floor and the ceiling next above it.

STORY, HALF - A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.

STREET - A public way which affords the principal means of access to abutting properties. Boardwalks on the Great South Beach shall be deemed to be streets for the purpose of this chapter. Neither tidal nor nontidal waters nor the shores, strands or beaches along the same shall be deemed streets for the purpose of this chapter.

STRUCTURE - An assembly of materials forming a construction of component structural parts for occupancy or use, including buildings, but not including fences which are six feet or less in height. The term "structure" shall be construed as though followed by the words "or part thereof."

TAXI AND LIMOUSINE STATION - A company which is engaged in the business of transporting fewer than 20 passengers (with a driver) and which maintains a motor vehicle fleet of two or more passenger vehicles, but does not include a motor vehicle repair shop. [Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

TOURIST CAMP - Any plot on which is located or which is offered to the public for the location of one or more tents, cabins, tent-houses, camp cottages, tourist units, house-cars or trailers designed or equipped to be used for living, sleeping or eating.

TOWER - Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, Long Island Power Authority (LIPA) transmission poles and similar structures, but not including telephone poles and streetlight poles. The term includes the structure and any support thereto.

TRAILER OR HOUSE-CAR - Any vehicle designed or equipped to be used for living, sleeping or eating and designed to move from place to place on wheels, propelled by its own power or otherwise drawn or propelled.

TRANSFER OF DEVELOPMENT RIGHTS - The severance of existing development rights from a parcel, lot or assemblage of land(s) as evidenced by a written instrument (conservation easement) in recordable form and/or duly recorded.

TRANSPORTATION TERMINAL/FACILITY - Premises and building(s) for the storage or parking of registered motor vehicles or other modes of transportation, where passengers may or may not load and unload.

TRUCKING TERMINAL - Premises and building(s) where trucks load and unload cargo, which may or may not be broken down into smaller, or aggregated into larger loads for transfer to other motor vehicles or modes of transportation. Warehouses, incidental to the principal use, may also be part of a trucking terminal.

UNDERTAKING ESTABLISHMENT/MORTUARY - An establishment providing services such as preparing the human dead for burial and arranging and managing funerals. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings or display of funeral equipment.

USE - The purpose for which land or a building or 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.

VETERINARY HOSPITAL - Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of said animals.

WECS HEIGHT, TOTAL - When referring to a wind energy conversion system, the distance measured from the grade level at the center of the foundation to the highest point on the structure (including the blades), even if said highest point is a lightning protection device or any other allowable apparatus attached to the wind energy conversion system.

WECS, HORIZONTAL AXIS - A wind turbine where the main rotor shaft is set horizontally and the main components, such as gearboxes and generators, are located at the top of the tower.

WECS, SETBACK ZONE - The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.

WECS TOWER, GUYED - A freestanding wind energy conversion system support structure consisting of a single pole supported by tensioned cables (guy wires) anchored to the ground.

WECS TOWER, LATTICE - A freestanding framework tower, typically consisting of cross-bracing of structural steel connected into a framework.

WECS TOWER, MONOPOLE - A freestanding wind energy conversion system support structure consisting of a single pole, without guy wires or ground anchors.

WECS, VERTICAL AXIS - A wind turbine where the main rotor shaft is set vertically and the main components such as gearboxes and generators are located at the base of the turbine.

WIND ENERGY CONVERSION SYSTEM (WECS) - An accessory structure designed and constructed or erected for the purpose of converting wind energy into electrical power.

YARD - An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

YARD, FRONT - An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the street line and the front line of the building or structure projected to the side lines of the lot The depth of the front yard shall be measured between the front line of the building or structure and the street line.

YARD, REAR - An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the main building or structure.

YARD, SIDE - An open, unoccupied space on the same lot with a building or structure, extending from the rear line of the front yard to the front line of the rear yard and situated between the side line of the main building or structure and the adjacent side line of the lot.

PRIMARY ZONES shall he defined as sites located within a radius of 1,320 feet of a major arterial roadway and also located within one of the following:

       (1) Within a radius of 1,320 feet of an existing downtown/hamlet center or existing commercial area or node, subject to review of a 1,320-foot radius map illustrating that a sufficient concentration of supporting services, public transportation opportunities and adequate pedestrian access to such services exists; or

       (2) Within 2,000 feet of a transit-oriented development center designated by an adopted plan; or

       (3) Within 2,000 feet of an MTA/Long Island Rail Road active railroad station.

       (4) High-density housing sites designated pursuant to a Town Board adopted land use plan or study.

SECONDARY ZONES shall be defined as sites located within one of the following:

       (1) Within 1,320 feet of a primary zone; or

       (2) On a connector roadway and within approximately 1,320 feet of an existing commercial center, or mass transit hub, Suffolk County Transit bus route, or other public transportation opportunities and adequate pedestrian access to such services exists.

CONNECTOR ROADWAY shall be defined as a roadway that has between 2,000 average daily vehicle trips per day and 4,999 average daily vehicle trips per day. "Major arterial roadway" shall be defined as a roadway that has or exceeds 5,000 average daily vehicle trips per day.

SUPPORTING SERVICES shall mean services that enhance the residential quality of life, including, but not limited to: proximity to schools, police and fire stations; recreation services; postal services; transportation services; significant places of employment; food and restaurant services; hospitals; pharmaceutical, medical and professional offices; retail services.

AFFORDABLE HOUSING shall be defined as housing for individuals and families at or below 80% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development. "Workforce housing" shall be defined as housing for individuals and families at or below 120% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development.

PRIMARY ZONES shall be defined as sites located within a radius of 1,320 feet of a major arterial roadway and also located within one of the following:

       (1) Within a radius of 1,320 feet of an existing downtown/hamlet center or existing commercial area or node, subject to review of a 1,320-foot radius map illustrating that a sufficient concentration of supporting services, public transportation opportunities and adequate pedestrian access to such services exists; or

       (2) Within 2,000 feet of a transit-oriented development center designated by an adopted plan; or

       (3) Within 2,000 feet of an MTA/Long Island Rail Road active railroad station.

       (4) High-density housing sites designated pursuant to a Town Board adopted land use plan or study.

SECONDARY ZONES shall be defined as sites located within one of the following:

       (1) Within 1,320 feet of a primary zone; or

       (2) On a connector roadway and within approximately 1,320 feet of an existing commercial center, or mass transit hub, Suffolk County Transit bus route, or other public transportation opportunities and adequate pedestrian access to such services exists.

TERTIARY ZONES shall be defined as those areas of the Town which are not defined as primary or secondary zones.

CONNECTOR ROADWAY shall be defined as a roadway that has between 2,000 average daily vehicle trips per day and 4,999 average daily vehicle trips per day. "Major arterial roadway" shall be defined as a roadway that has or exceeds 5,000 average daily vehicle trips per day.

SUPPORTING SERVICES shall mean services that enhance the residential quality of life, including, but not limited to: proximity to schools, police and fire stations; recreation services; postal services; transportation services; significant places of employment; food and restaurant services; hospitals; pharmaceutical, medical and professional offices; retail services.

AFFORDABLE HOUSING shall be defined as rental or for-sale housing units for individuals and families at or below 80% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development.

WORKFORCE HOUSING shall be defined as rental or for-sale housing units for individuals and families at or below 120% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development.

HOMEOWNER - One who holds title or the bill of sale to a housing unit in the planned retirement community.

PLANNED RETIREMENT COMMUNITY OWNER OR OPERATOR - The entity holding title to a contiguous parcel of privately owned real property on which 200 or more senior citizen housing units are leased to owners. This term shall not include mobile homes, manufactured homes, or condominiums as defined in the New York Real Property Law or real property owned by a corporation formed pursuant to the New York Cooperative Corporations Law.

TENANT - One who occupies a housing unit in a planned retirement community.

ABANDONMENT - Nonpayment of taxes for one year and intent to abandon as manifested by noncontinuous use of any use within a building for a three-year period as measured by three summer seasons from Memorial Day to Labor Day.

ACCESSORY BUILDING, STRUCTURE OR USE - A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.

ALTERATION - A change or rearrangement in the structural parts of a building or other structure, including interior partitions, exterior porches, exits and decks, interior load-bearing walls, capacities of utility pipes, ducts or conduits.

BATHHOUSE - A building or portion thereof containing dressing rooms and/or lockers for bathers.

BOARDINGHOUSE A building, other than a hotel or restaurant, where lodging and meals for five or more persons are served for compensation, including tourist houses, rooming houses and lodging houses.

BUILDING - An enclosed structure having a roof supported by columns, walls or cantilevers, and if separated by a party wall without openings, it shall be deemed a separate building.

BUILDING AREA - The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings on a lot, excluding uncovered steps.

BUILDING HEIGHT - The vertical distance between the average existing ground elevation up to the highest point of the roof. In no case shall the building height be measured from a point less than the minimum elevation necessary to meet the prerequisite for federal flood insurance, designated within the Flood Risk Zone by the National Flood Insurance Programs, Federal Emergency Management Agency, indicated on the Flood Insurance Rate Map for the Great South Beach, Brookhaven Town, Community No. 365-334B.

DANCE HALL OR DISCOTHEQUE - A public place in which people assemble, where the main purpose of assembly is dancing to musical accompaniment, live or recorded. Such establishment may or may not serve alcoholic beverages.

DEVELOPED PROPERTY - Any property which has been altered from its natural state by the construction or erection of materials located in, upon or attached to something located in or upon the ground. Such alterations may include buildings, decks, aboveground swimming pools, storage sheds, patios, docks, tennis courts, septic systems or leaching fields, walkways, groins, fences and signs (except dune protection fences and signs), roads, retaining walls, grading, artificial fill or other structures or materials, excluding live vegetation.

DEVELOPMENT - Any activity, action or alteration which changes undeveloped property into developed property.

DWELLING, MULTIPLE - A building designed for or occupied by three or more families living independently of each other with separate cooking facilities, including cooperative apartments, garden apartments and condominium apartments.

DWELLING, SINGLE- OR ONE-FAMILY - A detached building arranged, designed for or occupied exclusively as a home or residence by one family doing its own cooking.

DWELLING, TWO-FAMILY - A detached building designed for or occupied exclusively as a home or residence for not more than two families living independently of each other with separate cooking facilities.

FAMILY - One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

FLOOR AREA, GROUND - The area within the exterior walls of a building at the first floor.

GUESTHOUSE - An accessory structure, on the same lot as the principal building, for the temporary accommodation of guests of residents living in the principal building, without any cooking facilities.

HOTEL - A building designed to provide individual sleeping accommodations for short-term transient occupants, with or without direct outside access, with or without restaurant facilities and with or without a common entrance, common heating system or general dining room.

IMPROVED PROPERTY - A type of developed property which is defined by the Fire Island National Seashore Act, Public Law No. 88-587, Section 2(F), 1964, to mean any building, the construction of which was begun prior to July I, 1963, and such amount of land, not in excess of two acres in the case of a residence or 10 acres in the case of a commercial or industrial use, on which said building is situated as the Secretary of the Interior considers reasonably necessary to the use of the building. The Secretary of the Interior may exclude from such improved property any beach or waters, as well as land adjoining such beach or waters, which he deems necessary for public access thereto.

LOT - A parcel of land, exclusive of public walk areas, used or designed to be used by one use or building or by a related group of uses or buildings and the accessory uses of buildings customarily incident thereto, including such open spaces as are required by this chapter.

LOT AREA - The total area measured inside of all the lot lines, excluding underwater areas below mean high water.

NONCONFORMING USE - Any building, structure or land lawfully occupied by a use that does not conform to the regulations of the use district in which it is situated.

PREMISES - A tract of land with buildings thereon.

RESTAURANT - A building or part of a building or plot on or in which food and/or beverages are prepared and served to patrons, either inside and/or outside, whether counter service or carry-out, fast-food or table service.

SIGN - Any device intended for use for the purpose of advertisement, identification, publicity or notice when visible from the exterior of a structure in or on which the sign is located. The term "sign" shall include any billboard illustration, insignia, lettering, picture, display banner, pennant or flag, however made, displayed, painted, supported or attached, and shall exclude house numbers in the residence district not larger than square foot.

STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between such floor and ceiling, which shall not exceed 28 feet in height. In structures of more than one story, the definitional footage measurement to be used to determine height is 10 feet.

STRUCTURE - Anything constructed or erected which requires location in or upon the ground or attached to something having location in or upon the ground, including all types of signs. The word "structure" shall be construed as though followed by the words "or part thereof."

UNDEVELOPED PROPERTY - Any property which has not been altered from its natural state, with the exception of such dune protection measures as snow fencing, beach nourishment or dune grass planting.

UNIMPROVED PROPERTY - Either undeveloped property or property which is developed or built after July 1, 1963.

USE - The purpose for which land or a building or structure is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

WALK - A public or private right-of-way, as shown on the Zoning Map, which affords the principal means of access to abutting properties. Neither tidal nor nontidal waters nor the shores, strands or beaches along the same shall be deemed walks for the purpose of this chapter.

YARD, FRONT - The open space between the walk or right-of-way and the nearest part of any building.

YARD, REAR - Open space on the same lot with the main building between the rear line of said building and the rear line of the lot.

YARD, SIDE - Open space on the same lot with the main building situated between the building and the side line of the lot and extending through from the walk or from the front yard to the rear yard of the lot. Any lot line not a walk line or a rear line shall be deemed a "side line."

BLOCK - An area bounded by the nearest of (1) a lot line along a public or private street, and/or (2) a public pedestrian passageway, and/or (3) as restricted by existing local conditions. A block shall have a perimeter dimension not less than 1,300 linear feet and not greater than 1,600 linear feet. Exception: Where a block spans two subdistricts, each subdistrict within the block shall be considered a separate block for the purpose of calculating permitted land use percentages.

BUILDABLE LOT AREA - The total area of a lot available for construction of a building(s) and structure(s), as defined by:

       A. The boundary of the build-to zone that is closest to the lot line along a street;

       B. The lot line along the street where there is no build-to zone; and

       C. All required building setback lines.

BUILDABLE SQUARE FOOTAGE - The total building floor area permitted in a block. It is calculated by multiplying the total of the buildable lot areas for all lots in the block by the maximum number of stories permitted in the block.

BUILD-TO ZONE - The range of distances, as measured from the street lot line, within which the ground-floor facades of principal buildings must be located along primary and secondary frontages. Exception: Where there is a designated outdoor space between the street lot line and a building, the build-to zone shall be measured from the inner line, i.e., the line opposite and farthest from the lot line, of such designated outdoor space.

CONVENTION CENTER - A building or group of buildings designed for single- and/or multiday events, industrial/trade shows, and the like, having exhibit areas, conference rooms, hotel accommodations, restaurants, and other related facilities.

DESIGNATED OUTDOOR SPACE - An area or horizontal space, including but not limited to a park, green, node, pedestrian median, square, plaza, courtyard or outdoor eating or drinking area, that is open to and unobstructed from the sky, except for canopies or other structures providing protection or shelter from sun or weather.

LINEAR PRINCIPAL FRONTAGE - The total length, measured parallel to the lot line along a principal frontage, of the facades of all buildings in a block.

LIVE/WORK UNIT - A single unit consisting of both residential and nonresidential space.

PARKING GARAGE - A building or structure, or part of a building or structure, used for the bulk parking of vehicles, with no facilities for motor vehicle repair or service.

PAVILION - A covered open-air structure, typically used for shelter, concerts, exhibits, or temporary retail sales. A pavilion shall not be required to comply with minimum height limits.

PRINCIPAL FRONTAGE - The side of a block that is of greatest length, abuts a public street, and contains one or more main building entrances, or that is otherwise designated by the Planning Board at site plan approval. There shall be one principal frontage per block.

SECONDARY FRONTAGE - Any side of a block that abuts a public street but is not a principal frontage or that is otherwise designated by the Planning Board at site plan approval.

STORY - That portion of a building or structure included between the surface of any floor that is at or above the average grade and the surface of the floor (not including any mezzanine) next above it or, if there is no floor above it, then the space between such floor and the ceiling next above it. A basement not greater than six feet in height above the average grade, any other structure that is not greater than six feet in height above the average grade plane, and attics which do not include any habitable space shall not be considered a story.

TOWER - A vertical architectural element of limited length and width that does not include any habitable space, which is permitted to exceed the maximum height of the subdistrict to the extent permitted by the New York State Building Code.

BUFFER ZONE - That area between a wetlands boundary and the closest permissible location to such boundary for a regulated activity that is not to be disturbed and left in its natural state except for the supplemental planting of native vegetation and those activities approved by the issuance of a wetlands and waterways permit.

DEVELOPMENT - Any building activity, the making of any material change in the use or intensity of use of any structure or land, or the excavation or material alteration of grade or vegetation on a lot which alters the existing state of a parcel of land. Development that has been undertaken without the necessary Town approvals or permits shall not be considered development.

WETLANDS OVERLAY DISTRICT - All property identified as wetlands as defined in Chapter 81, Wetlands and Waterways, of the Town Code and/or as may be designated by the New York State Department of Environmental Conservation (NYSDEC) as freshwater or tidal wetlands or adjacent buffer areas under Articles 24 and 25 of the New York Environmental Conservation Law or as may be mapped by the NYSDEC, including, but not limited to, the New York State Freshwater Wetlands Map, filed with the Suffolk County Clerk on or after May 26, 1993, and entitled "Freshwater Wetlands Maps" and any amendments thereto, and the property within and included in the inventory of tidal wetlands prepared by or for the State of New York and filed with the Suffolk County Clerk as of September 28, 1982, last revised November 16, 1982, and entitled "Tidal Wetlands Maps" and any amendments thereto.

AFFORDABLE HOUSING shall be defined as housing for individuals and families at or below 80% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development. "Workforce housing" shall be defined as housing for individuals and families at or below 120% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development.

CLOSED LOOP SYSTEM uses buried high-density polyethylene (HDPE) plastic piping installed in drilled and grouted boreholes that conductively exchanges thermal (heat) energy with the ground via circulating water or a water/antifreeze mixture through the piping system.

OPEN LOOP SYSTEM is a series of standard water wells that extract and use groundwater directly as a heat-exchange source then return the heated or cooled groundwater back to the aquifer.

DIRECT EXCHANGE SYSTEM uses buried copper tubing that conductively exchanges heat energy with the ground via circulating a refrigerant through the tubing.

AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens (100 watts incandescent).

AVERAGE HORIZONTAL FOOTCANDLE - The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.

ESSENTIAL LIGHTING - Lighting that is used for a specified period of time, which is necessary for a specific task or purpose while said task or purpose is actively being performed. This includes lighting that is necessary to promote public safety or facilitate public circulation.

EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as is indicated on the Table of Limits of Illumination Levels (See Table 3, included as an attachment to this chapter.)

EXTERIOR LIGHTING - Temporary or permanent lighting equipment that is installed, located or used in such a manner with the intention to cause light rays to shine outdoors. Luminaires located indoors that are intended to light something outside are considered exterior lighting for the purposes of §§ 85-862 through 85-873.

FIXTURE (ALSO CALLED "LUMINAIRE") - The bulb, the assembly that holds the bulb (or lamp) in a lighting system, and the mounting apparatus, including reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing.

FLOODLIGHT - A fixture rated to produce over 1,800 lumens (100 watts incandescent), regardless of the number of bulbs, and is designed to flood an area with light.

FOOTCANDLE (FC) - The American unit of illuminance (the amount of light falling on a surface). One footcandle is approximately equal to the illuminance produced by a light source of one candle, measured on a surface one foot away from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters.

FULL CUTOFF (FCO) - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80 up to 90 cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer as produced by an independent lab. A cutoff, or semi-cutoff, design allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal.

FULLY SHIELDED - A luminaire constructed, lamped, and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. A full cutoff fixture is also fully shielded, but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report.

GLARE - Stray, unshielded light striking the eye that may result in:

       (1) Nuisance or annoyance, such as light falling across property lines;

       (2) Discomfort, such as bright light causing squinting of the eyes;

       (3) Disability, such as bright light reducing the ability of the eyes to see into shadows and visual performance; or

       (4) Distracting light which diverts the eye from a visual task.

HID LIGHTING - A family of bulb types known as "high intensity discharge," including high-pressure sodium, mercury vapor, and metal halide. These types require a warm-up time, usually require a ballast, and have a higher lumen output per watt than incandescent or halogen lamps.

HOLIDAY LIGHTING - Temporary lights used to celebrate holidays. Holiday lighting includes, but is not limited to, strings of small individual lights, illuminated menorahs, illuminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature.

IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry.

IESNA RECOMMENDED PRACTICES - The publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc.

ILLUMINANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandle."

LAMP - The generic term for an artificial light source, to be distinguished from the whole assembly (see "fixture"); commonly referred to as the "light bulb."

LIGHT - The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHTING ASSEMBLY - Any or all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole.

LIGHT POLLUTION - Any adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, wasted energy due to excessive or unnecessary lighting, or any man-made light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna.

LIGHT TRESPASS - Light projected onto the property of another or into the public right-of-way when it is not required or permitted to do so.

LUMEN - A unit used to measure the actual amount of light that is produced by a bulb. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. For example, a seventy-five-watt incandescent lamp can produce 1,000 lumens while a seventy-watt high-pressure sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer on the light bulb packaging.

LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), including the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.

LUMINANCE - The brightness of a source of light.

MOUNTING HEIGHT - The distance from natural grade to the lowest light-emitting part of the luminaire.

NONCONFORMING - Lighting which does not meet the requirements and specifications contained herein.

NONESSENTIAL LIGHTING - Lighting which is unnecessary and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).

PARTIALLY SHIELDED - A luminaire which is not fully shielded but incorporates a partial shield around the lamp.

PHOTOMETRICS - Technical test reports that indicate light distribution and performance from a luminaire. Photometric reports may include candlepower distribution data, cutoff classifications, footcandle charts, etc. These are generally available from the luminaire manufacturers.

SKYGLOW - The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Skyglow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. Among other effects, skyglow reduces one's ability to view the night sky. Different sources of light, in equal quantities, can contribute differently to sky glow.

TEMPORARY LIGHTING - Lighting that is intended to be used for a specific event and removed within seven days thereafter.

UNIFORMITY RATIO (U RATIO) - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot.

UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light emissions above the lowest light-emitting part of the fixture.

REPAIR OF A LUMINAIRE OR SIGN - Any service normally provided by a licensed electrician upon a luminaire or sign. Repair shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles, shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above. Replacement of a user-serviceable lamp will not by itself be considered a repair.

ABOVEGROUND SWIMMING POOL - Any swimming pool located in or upon the ground which at no point is more than 18 inches below grade. An aboveground swimming pool is not a structure for purposes of this chapter.

IN-GROUND SWIMMING POOL - Any swimming pool located in or upon the ground which extends more than 18 inches below grade. An in-ground swimming pool is a structure for purposes of this chapter.

PRIVATE SWIMMING POOL - Any swimming pool constructed, installed or maintained as an accessory use on the same lot with a one- or two-family dwelling, intended solely for the private use of any occupant of such dwelling and such occupant's family and guests.

PUBLIC SWIMMING POOL - Any swimming pool which is not a private swimming pool as defined above.

SWIMMING POOL - Any body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.

AGRICULTURAL ACTIVITY - Activity defined as "open farming" or "other agriculture" in Chapter 85 of the Town Code.

       A. OPEN FARMING - Includes the cultivation of the soil for food products and other useful or valuable growths of the field.

       B. OTHER AGRICULTURE - Agricultural uses not included in the foregoing definition of "open farming," but including greenhouses, dairies and the raising of livestock, roosters and other poultry, except when such poultry consists solely of a total of six or fewer ducks or geese or female chickens or any combination thereof per residential premises, regardless of size.

APPLICANT - A property owner who has filed an application for a land development activity.

BUILDING - Any structure meeting the definition of "building" as defined in Chapter 85 of the Town Code. A structure having a roof supported by columns or walls, and when separated by a party wall without openings, it shall be deemed a separate building.

CLEARING - The removal of any existing natural vegetation located on a lot, parcel or site, exclusive of vegetation associated with active agricultural or horticultural activity or formalized landscaped and/or turf areas.

DEDICATION - The deliberate appropriation of property by its owner for general public use.

DEPARTMENT - The New York State Department of Environmental Conservation.

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.

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."

GRADING - Excavation or fill of material, including the resulting conditions thereof.

GREEN INFRASTRUCTURE - Those approaches that essentially infiltrate, evapotranspirate or reuse stormwater, with significant utilization of soils and vegetation rather than traditional hardscape collection, conveyance and storage structures.

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.

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 common plan of development, notwithstanding that multiple and distinct activities may occur at different times and/or 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.

LIGHT, IMAGING, DETECTION AND RANGING (LIDAR) SYSTEM - A three-dimensional laser scan that provides high-definition surveying for architectural, as-built, and engineering surveys.

MAINTENANCE AGREEMENT - A legally recorded document that provides for long-term maintenance of stormwater management practices.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Town and designed or used for collecting or conveying stormwater; the MS4, as defined, is not a combined sewer or part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

NONPOINT SOURCE POLLUTION - Pollution, from any sources 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.

PERSON - One or more of the following: any individual, owner, lease holder, entity, corporation, agent, company, parent company, subsidiary, limited-liability company, substantially owned affiliated-entity, successor, partnership, joint venture, association, legal representative, agent or any other form of doing business.

PHASING - Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN - Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant, including, but not limited to, nitrogen, phosphorus and pathogens, that have been identified as a cause of impairment to any water body that will receive a discharge from the land development activity.

RECHARGE - The replenishment of underground water reserves.

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, tidal wetlands and freshwater wetlands.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-10-001 - 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.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002 - 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.

STABILIZATION - The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER - An order issued that requires that all construction activity on a site be stopped.

STORMWATER - Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOT SPOT - A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants that are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT - The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

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 (SMPs) - Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies, while minimizing potential flood damage.

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.

SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean 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.

303(d) LIST OF IMPAIRED WATERS - NYSDEC-published list, and any amendments thereto, of all surface waters in the State for which beneficial uses of the water (i.e., drinking, recreation, aquatic habitat, and industrial) are impaired by pollutants, as required by Section 303(d) of the Federal Clean Water Act. 303(d) listed waters include estuaries, lakes, and streams that fall short of State surface water quality standards and are not expected to improve within the next two years.

TOTAL MAXIMUM DAILY LOAD (TMDL) - The maximum amount of a pollutant allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.

WATERCOURSE - A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY - Any natural or artificial fresh or marine body of water commonly known as a stream, river, creek, lake, pond, estuary, bay, harbor, ocean, and the like. A waterway includes those areas defined as lands underwater.

WETLANDS - Areas that meet the definition of "tidal wetland" or "freshwater wetland" as defined in Chapter 81 of the Town Code.

BEST MANAGEMENT PRACTICES (BMPS) Management practices designed to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems; schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Such practices may include pollution prevention and educational practices, maintenance procedures, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY Activities requiring authorization under the SPDES Permit for Stormwater Discharges from Construction Activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

DEPARTMENT The New York State Department of Environmental Conservation.

HAZARDOUS MATERIALS Material, including any substance, waste, or combination thereof, which because of its quantity, concentration, physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLICIT CONNECTIONS Any surface or subsurface drain or conveyance that allows an illegal discharge to enter the MS4, including, but not limited to:

       A. Conveyances that allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4; and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

       B. A drain or conveyance connected from a commercial or industrial land use to the MS4, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

ILLICIT DISCHARGE Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 86A-5 of this Chapter.

INDUSTRIAL ACTIVITY Activities requiring the SPDES Permit for Discharges from Industrial Activities, except construction, GP-98-03, as amended or revised.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Town and designed or used for collecting or conveying stormwater; the MS4, as defined, is not a combined sewer or part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.

NONSTORMWATER DISCHARGE Any discharge to the MS4 that is not composed entirely of stormwater.

PERSON Any individual, owner, entity, corporation, agent, company, parent company, subsidiary, limited-liability company, substantially owned affiliated-entity, successor, partnership, joint venture, association, legal representative, agent, or any other form of doing business.

POLLUTANT A substance that may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards, including, but not limited to: dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water;

PREMISES Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

SPECIAL CONDITIONS

       A. Discharge compliance with water quality standards: The condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

       B. 303(d) listed waters: The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater - management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.

       C. Total maximum daily load (TMDL) strategy: The condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

       D. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition, the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.

STORMWATER Natural discharge, which includes rainwater, surface runoff, snowmelt and drainage.

STORMWATER MANAGEMENT OFFICER (SMO) An employee or officer designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable board and inspect stormwater management practices.

303(D) LIST OF IMPAIRED WATERS NYSDEC-published list, and any amendments thereto, of all surface waters in the State for which beneficial uses of the water (i.e., drinking, recreation, aquatic habitat, and industrial) are impaired by pollutants, as required by Section 303(d) of the Federal Clean Water Act. 303(d) listed waters include estuaries, lakes, and streams that fall short of State surface water quality standards and are not expected to improve within the next two years.

TOTAL MAXIMUM DAILY LOAD (TMDL) The maximum amount of a pollutant allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.

WASTEWATER Water that is not stormwater, which is contaminated with pollutants and is or will be discarded.

BOARDED BUILDING(S) AND STRUCTURE(S) - A building(s) or structure(s) with a sheet(s) of plywood, wood or similar material(s) in front or in place of one or more exterior doors, other than a storm door, or of one or more windows.

OCCUPIED BUILDING(S) OR STRUCTURE(S) - Any building(s) or structure(s) wherein one or more persons actually conducts a business or resides in all or any part of the building as the business occupant, or as the legal or equitable owner(s)/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the United States Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid Town business license, or the most recent, federal, state, or city income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of pre-rental inspection.

OWNER(S) - Any person, partnership, limited-liability company, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control, including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained.

VACANT BUILDING(S) OR STRUCTURE(S) - A building(s) or structure(s) where no person or persons actually currently conduct a business, or reside or live in any part of the building or structure as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, nontransient basis.

BLIGHTED PROPERTY - An improved or vacant property which meets or exceeds a point value of 100 points as set forth within this chapter.

DEFACEMENT - Any mark or disfigurement of any face or surface that disfigures, injures, spoils or otherwise alters the appearance of property without the consent and express permission of the owner or proprietor thereof, or in the case of public property, of the person having charge, custody or control thereof.

DILAPIDATED - Extreme disrepair such that a structure or dwelling unit or commercial space is unfit or unsafe for habitation or occupancy.

GRAFFITI - Any inscription, figure, mark or design which is written, etched, scratched, painted, drawn or applied to property.

JUNKED VEHICLE - An unregistered motor vehicle not suitable for operation.

LEGAL OCCUPANCY - Occupancy that exists by virtue of fee ownership, a bona fide lease agreement, a rent receipt or, if necessary, a utility statement, and which occupancy is in compliance with federal, state local laws, local zoning, local housing, and all other pertinent rules, regulations and codes.

NEIGHBORHOOD - An area of the Town of Brookhaven defined by its residents and its distinctive characteristics.

VACANT - A period of 60 days or longer during which a building or structure, or part thereof, or land is not legally occupied.

VACANT PARCEL - A parcel of land with no structure(s) thereon.

UNIT - Any space within a building that is or can be rented by or to a single person or entity for his/her/its sole use and is intended to be a single distinct space.

COMPREHENSIVE PLAN A master plan for the future growth, protection and development of the Town of Brookhaven, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and the general welfare of its population.

CUL-DE-SAC A short dead-end street terminating in a vehicular turnaround area.

EASEMENT A restriction established in a real estate deed to permit the use of land by the public, a corporation or particular persons for specified uses.

ENGINEER An official engineer of the Town of Brookhaven Planning Board.'

LIMITED ACCESS AREA An area designed to control access to public rights-of-way or other public areas.

LOT The unit or units into which land is divided with the intention of offering such units for sale, either as undeveloped or developed sites, regardless of how they are conveyed. "Lot" shall also mean parcel, plot, site and any similar term.

MAJOR STREET A street within a subdivision or subdivisions designed to have considerable continuity and traffic capacity that, serving as an artery, collects traffic from the minor streets and guides it to the primary and secondary highways.

MARGINAL ACCESS STREET A street, located on a separate right-of-way parallel to and in the vicinity of a primary or secondary highway, designed to provide access to abutting properties without interrupting highway traffic, except at recognized intersections and access points.

MINOR STREET A street designed to provide access to abutting properties within a limited area such as a neighborhood.

PARCEL OF LAND Any parcel of land shown as a single parcel on the Suffolk County Real Property Tax Map, as revised through June 1, 1978, or any parcel of land held in ownership separate from contiguous parcels of land.

       **Webmasters Note: The previous definitions, Comprehensive Plan through Parcel of Land, have been amended as per Supplement No. 18.

PRIMARY HIGHWAY - A highway, generally under the jurisdiction of the state or county, designed principally to provide for high-speed through traffic between centers of development, such as commercial centers, industrial areas and concentrated residential communities, both within and outside the Town of Brookhaven.

SECONDARY HIGHWAY - A highway similar to a primary highway, generally under the jurisdiction of the Town, but designed for traffic between important centers of development within the Town of Brookhaven and as a highway link to the primary highway system.

SUBDIVISION - A division of any parcel of land into two or more lots, plots, blocks or sites.