[Added 10-19-2010 by L.L. No. 29-2010]
A. 
Legislative intent.
(1) 
It is the intent of the Town Board to establish incentives for applicants that submit proposals that incorporate specific universal design and accessibility features for new and existing residences.
(2) 
This article establishes a mechanism by which building permit applications for the development, redevelopment and modification of new and existing residences containing universal design and accessibility features are expedited, permit fees are reduced or waived, and strict adherence to the applicable zoning district's setback regulations through the building permit approval process are relaxed to the fullest extent practicable.
B. 
Findings.
(1) 
The Town of Babylon's 1998 Comprehensive Plan indicates that the Town's population over 65 years of age has been increasing, and the United States Census Bureau reports that by 2030 one out of five Americans will be 65 years and older. The aging of the population creates an increasing need for housing that is accessible for occupants as well as visitors.
(2) 
The Town Board finds that the incorporation of certain universal design features during the planning, construction, extension or alteration of a residence will afford seniors and physically challenged persons greater opportunity to occupy or visit homes within the Town of Babylon to age in place which avoids the considerable cost to retirees, their families and often the State of New York for unnecessary and unwanted residencies in assisted-living or nursing-care facilities.
As used in this article, the following terms must comply with the Americans with Disabilities Act (ADA) and shall have the meanings indicated:
ACCESSIBLE DOOR
As defined by ANSI 117.1 and commonly provides for a thirty-six-inch door that when hung in the standard manner provides a minimum clearance of 32 inches with no more than one-quarter-inch beveled thresholds and equipped or easily refitted with lever-type door handles.
ACCESSIBLE ENTRYWAY
A step-free entry at any opening of the dwelling (front, back, side, garage), the path to which from the driveway or public sidewalk is an unobstructed walkway of at least 36 inches in width with an approach slope of not more than 1:12.
ANSI A117.1
The most current version of the "Standard on Accessible and Usable Building Facilities," commonly known as "ICC/ANSI A117.1," published by the International Code Council and American National Standards Institute, Inc.
EXPEDITED REVIEW
The grant of priority status to an application that shall result in the review of the application ahead of applications filed prior thereto. Ultimately the issuance of a building permit will be contingent upon the application satisfying all applicable New York State Residential Building Code requirements.
FLEX ROOM
A common-use room that can be converted to a private bedroom without demolition, with the exception of that which is required for installing a door in an existing wall opening. A flex room must meet governing code requirements for future use as a bedroom, including egress and smoke detection.
KITCHEN
A room or an area in a building in which food is cooked and/or prepared and which contains equipment used in the cooking and preparation of food, i.e., stove and/or oven and/or microwave oven or any other appliance, device or equipment ordinarily used in the preparation and/or cooking of food. It may also contain any or all of the following: sink and/or refrigerator and/or base cabinet(s) and/or upper cabinet(s).
INCENTIVE
A specific benefit granted to the applicant submitting an application for development, redevelopment and modification of new and existing residences in accordance with the universal design and accessibility requirements.
POWDER ROOM (ALSO KNOW AS "HALF BATH")
A room containing a toilet (water closet) and lavatory (sink) but no bathtub or shower.
UNIVERSAL DESIGN
The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.
A. 
All applications for development, redevelopment and modification of new and existing residences, including single-family, multifamily and senior citizens' multiresidences, which are ADA compliant, shall receive an expedited review by the Building Division to the fullest extent practicable, if the following universal design features are incorporated into the project:
(1) 
Accessible entryway and accessible internal route of travel.
(a) 
Zero-step entrance. At least one zero-step entrance to the residence which may be located at the front, rear or side of the home but does not include any entrance that is located within an attached garage. There shall be less than a one-half-inch rise at the zero-step entrance. A sidewalk or walkway being utilized as the accessible unobstructed route of at least 36 inches in width to the zero-step entrance must have a slope no greater than 1:12.
(b) 
All exterior hinged doors shall be accessible doors with a minimum of 32 inches' internal clearance and with no more than one-quarter-inch beveled thresholds and equipped or easily refitted with lever-type door handles.
(c) 
All interior hinged doors with landings shall be a minimum of 36 inches wide (32 inches' internal clearance) and with no more than one-quarter-inch beveled thresholds and equipped with or easily refitted with lever-type handles.
(d) 
One dedicated power source at all interior stairs leading to habitable space for possible future stair-lift installation.
(e) 
Accessible route connecting the accessible entryway with all accessible dwelling space, including the accessible powder room, bathroom, kitchen, flex room or bedroom and other common-use rooms on the accessible level of the dwelling.
(2) 
At least one accessible bedroom or flex room on the ground/first floor of the dwelling.
(3) 
Convenient facilities.
(a) 
Accessible bathroom or adaptable powder room on the ground/first floor.
[1] 
There shall be at least a half bathroom located on the ground floor or first floor, and the fixtures shall be arranged to provide sufficient floor space so as to allow an individual using a wheelchair or other mobility aid to enter and close the door, use the facilities, reopen the door and exit. A sixty-inch turning radius is required to meet the requirements of this section. Maneuvering space may include any knee space or toe space available below the bathroom fixtures, including the clear space under the wall-hung lavatory. The lavatory shall be equipped with a lever faucet handle(s).
[2] 
Wall blocking for future grab bars installed per ANSI A117.1.
[3] 
Step-free tub or roll-in shower with wall blocking and grab bars per ANSI A117.1 or sufficient space for future accessible shower or accessible bath that does not encroach on the required sixty-inch turning radius. Adaptable plumbing to be provided for future installations of a step-free or roll-in shower to be brought to the floor and walls and capped off for future use. Install ANSI A117.1 compliant wall blocking for future grab bars.
(b) 
Accessible or adaptable kitchen consistent with the requirements of ANSI A117.1 or as determined by the Building Official, a kitchen that provides adequate wheelchair access and circulation with accessible light, vent, oven and stovetop controls as well as breakaway cabinetry under the sink for ease of future modification for wheelchair accessibility.
B. 
The building permit fee shall be reduced by 50% for any development, redevelopment and modification of a new or existing residence in which the applicant incorporates all of the above-listed universal design features which are ADA compliant.
C. 
Existing home modification.
(1) 
The building permit fee shall be waived for applications related solely to improving access, safety and welfare for the physically challenged and elderly, including but not limited to ramps, kitchen and bathroom renovations which are ADA compliant.
(2) 
The Building Division shall have the authority to approve the installation of exterior design modifications and accessibility improvements which are ADA compliant, when the Building Official determines that there is no practical and complying accessible pathway to any accessible entryway. A temporary exception from any applicable front, side and rear yard setbacks may be granted subject to the following:
(a) 
Such design modifications and accessibility improvements do not encroach more than six feet beyond the otherwise permissible building setback on the front, side and/or rear of the home;
(b) 
Such design modifications and accessibility improvements shall not be included in the calculation of a percentage of the maximum building area for a given lot;
(c) 
The applicant presents documentation from a licensed physician declaring that one or more occupants living in the home requires the construction of exterior design modifications and accessibility improvements to provide for access or egress;
(d) 
In granting such a temporary exception, the Building Division shall limit the duration of the exception to a time period of two years. An extension of such duration may be permitted by presentation of further documentation from a medical professional addressing the continued need for the design modification or accessibility improvement;
(e) 
The construction of said improvements meets applicable code requirements for accessibility.