Notwithstanding the provisions of the Building
Code of the Village,[1] this chapter or any other ordinance of the Village regulating
the use of land or the erection of buildings and structures or the
installation of sanitary, electrical, heating or other facilities
therein, land may be used and buildings or structures may be erected,
altered and used in any use district of the Village, as defined by
this chapter, for the purpose of fallout shelters as provided in this
article.
As used in this article, the following terms
shall have the meanings indicated:
Any building or structure or part thereof designed and used
in accordance with this article for protection against atomic radiation
resulting from nuclear explosions.
Any fallout shelter built as an accessory to a single-family
or two-family dwelling and designed for the protection of the occupants
of such dwelling.
Every fallout shelter other than a family shelter.
The floor area of a fallout shelter within the walls of the
fallout shelter and available for fallout shelter purposes, such as
for sleeping, eating, food preparation, toilets, storage of food,
water, bunks and other supplies and material.
A.
Execution; contents. Any person wishing to construct
or install a fallout shelter under this article shall file an application
therefor with the Building Department of the Village (on forms provided
by said Department), which shall be verified by the applicant and
shall contain the following information:
(1)
The name and residence address of the applicant.
(2)
The name and residence address of the owner of the
premises on which said shelter is proposed to be constructed or erected.
(3)
The number of persons which said shelter is intended
to accommodate.
(4)
A survey of the premises.
(5)
The location on the premises, according to such survey,
of the proposed shelter.
B.
Accompanying documents. Such application shall be
accompanied by a copy of the latest available tax bill covering the
premises, two sets of structural drawings and, if the floor of the
shelter is lower than the lowest floor elevation of the building to
which it is accessory, the existing water table data for the location.
The structural drawings shall be certified by a registered architect
or professional engineer, under his seal, or shall conform to plans
supplied by the Office of Civil and Defense Mobilization.
C.
Authority of Superintendent of Building Department.
If it appears from such application and accompanying documents that
the proposed shelter will conform to this article, a permit shall
be issued by the Superintendent of the Building Department for the
construction thereof. The Superintendent of the Building Department
shall have the same powers and duties with respect to the issuance
of a permit hereunder as he has with respect to the issuance of a
building permit under the Building Code of the Village,[1] except that there shall be no fee for the issuance of
such permit.
No fallout shelter shall be occupied or used
until a certificate of occupancy shall have been issued by the Superintendent
of the Building Department certifying that it complies with this article.
A.
Conformity to rules required. All fallout shelters
constructed or installed pursuant hereto shall conform to regulations
promulgated from time to time by the Superintendent of Buildings upon
the prior written certification of the Civilian Defense Director of
the Village that such regulations are substantially in accordance
with directives and specifications issued for such shelters by the
Office of Civilian Defense. All such regulations shall become effective
upon being filed in the Building Department with such certification
attached, and a copy thereof shall be forwarded forthwith to the Board
of Trustees.
B.
Minimum standards. In the event no such regulations
shall be promulgated by the Superintendent of Buildings, all fallout
shelters constructed or installed pursuant hereto shall conform to
the following regulations:
(1)
Every such fallout shelter shall be constructed of
such materials and in such manner as to provide an attenuation factor
of 100 or more; that is, the ratio of the amount of atomic radiation
resulting from nuclear explosions that would be received by a radiation
detector within such shelter, compared to the amount it would receive
if it were unprotected, shall be a maximum of 1:100 as determined
by the Superintendent of the Building Department, based on data supplied
by the Office of Civil and Defense Mobilization.
(2)
Family fallout shelters for 10 persons or less shall
have a minimum of 10 square feet of net available area and 40 cubic
feet of net available volume for each person.
(3)
Family fallout shelters for more than 10 persons shall
require a minimum of 10 square feet of net available area and 55 cubic
feet of net available volume for each person and a minimum height
of five feet six inches for 50% of the net available area.
(4)
Group fallout shelters for 15 persons or less shall
have a minimum of 12 square feet of net available area and 65 cubic
feet of net available volume for each person and a minimum height
of six feet for 50% of the net available area.
(5)
Group fallout shelters for 16 persons or more shall
have 180 square feet of net available area, plus not less than 10
square feet of net available area for each person over 15 persons,
and 65 cubic feet of net available volume for each person, with a
minimum height of six feet for 50% of the fallout shelter net available
area.
(6)
No such shelter shall contain any windows.
(7)
The entrance to every such shelter shall have not
less than one right-angle turn constructed so as to prevent the entrance
of radiation in a straight line.
(8)
Every shelter shall be provided with facilities for
sanitary waste disposal. In family shelters such facilities may be
provided by a water closet, either flush or chemical type, or by disposable
waste receptacle. In group shelters there shall be one toilet for
each 50 persons, with a minimum of two toilets.
Every fallout shelter detached from the main
building on the premises and having an entrance which is not through
such main building shall be supplied with ventilation pursuant to
this section:
A.
Rate of air intake generally. All such shelters shall
provide for a fresh-air intake of three cubic feet per minute for
each intended occupant.
B.
Family shelters. Family shelters may provide ventilation
by means of hand-operated blowers with a hooded intake and hooded
exhaust sufficient to exclude fallout particles.
C.
Group shelters. Group shelters must provide power-driven
ventilation systems with filters sufficient to exclude fallout particles.
Every group shelter shall be provided with electric
current sufficient to operate all required facilities which may be
operated by power and to furnish adequate light, with an emergency
auxiliary power source.
No fallout shelter shall be constructed beneath
any building and no shelter shall be constructed outside of any building
any part of which is below the highest level of the groundwater table
for such location, as determined from the records of the Nassau County
Department of Public Works, unless the plans for waterproofing such
fallout shelter have been approved by the Superintendent of Buildings.
No fallout shelter shall be constructed beneath
any building accessory to the main building on the same plot and no
such shelter shall be constructed outside any building any part of
which is above the grade of the immediately surrounding land unless
it shall comply with the setback regulations of this chapter for the
use district in which the premises are located.
No fallout shelter shall be constructed outside
of any building except in conformity with the following regulations
in addition to the regulations relating to such shelter hereinbefore
provided:
A.
Restricted to rear yard. No such shelter, any part
of which is above the grade of the immediately surrounding land, shall
be constructed or maintained except in a rear yard.
B.
Effect of setback regulations. Each such shelter shall
comply with the side and rear yard setback regulations of this chapter
for the use district designated by said ordinance in which the premises
are located.
C.
Use restricted. No such shelter shall be used for
any purpose except during a period when there is actual or anticipated
and imminent danger from atomic radiation or during a drill or practice
exercise authorized or conducted by the Nassau County Office of Civil
Defense, except that a family shelter may be used at other times for
occasional recreational purposes.
D.
Purpose to be accessory to main building. No such
shelter shall be constructed or used except as an accessory to a main
building on the same plot.
The Village Board of Zoning Appeals may permit
the construction on any premises of a fallout shelter not conforming
to the location or setback requirements of this article or of this
chapter if it shall find that compliance with such requirements shall
cause practical difficulties in the construction of an adequate shelter
upon such premises and, in granting such permission, may impose such
conditions for the protection of persons and property affected by
the proposed construction as it may deem reasonable and in the public
interest. Such permit shall be granted after application and hearing
in the manner provided by the Village Law and this chapter for granting
by said Board of variances from the regulations of said ordinance.
