[Adopted 11-5-2008 by L.L. No. 43-2008 (Ch. 53, Art. I, of
the 1976 Code)]
A.
It is becoming increasingly apparent that a growing percentage of
the residents of the Town of Riverhead require design modifications
and accessibility improvements in order to enter and exit their homes
safely. In addition, commercial establishments and places of public
accommodation require modifications to remove architectural barriers
to access and improve access for persons with mobility impairments.
This is particularly true where, as here, the demographics demonstrate
that increasing numbers of residents aged 55 years and better are
seeking to remain in their single-family homes and age in place.
B.
In order to construct necessary design modifications and accessibility improvements in these homes and commercial establishments, a building permit is required. The intent of this Part 3 is to facilitate the processing of these permits through the Building Department and to allow for relief from certain strictures of Chapter 301, Zoning and Land Development, for these accessibility improvements.
C.
Many existing homes have been built to occupy lots up to front, rear
and side lot setback requirements. Often, design modifications and
accessibility improvements may only be constructed within these required
setbacks, which, under current Town Code requirements, often necessitate
an area variance from the Zoning Board of Appeals. The Zoning Board
of Appeals may vary these setback requirements, but only after proceedings
that often require a hearing and other lengthy processes.
D.
The Town Board finds that, in furtherance of the above-stated goals of facilitating design modifications and accessibility improvements, exempting improvements to residential structures from the strict application of Chapter 301, Zoning and Land Development, will better assist residents who wish to age in place and improve their quality of life without adversely affecting neighboring properties.
As set forth in § 217-12C, and subject to compliance with the American National Standards for Accessible and Usable Buildings and Facilities, as adopted by the New York State Building Code, construction items related solely to improving access, safety and independent living for seniors and people with disabilities at entrances to and within buildings shall be exempt from building permit fee requirements.
A.
Commercial establishment modifications. The building permit fee shall
be waived for all modifications to commercial buildings or places
of public accommodation related solely to removing architectural barriers
to access and improving access for persons with mobility impairments,
including but not limited to ramps and bathroom renovations.
B.
Home modification. The building permit fee shall be waived for all
home modifications related to improving access for persons with mobility
impairments, including but not limited to ramps and kitchen and bathroom
renovations.
C.
New single-family home construction. The building permit fee shall
be reduced by $300 for a new construction of single-family dwellings
in which the applicant opts to incorporate the following universal
design basic access features:
(1)
At least one stepless entrance to the dwelling (may be located anywhere:
front, rear, side or even in the garage);
(2)
Wider doors on the first floor;
(3)
At least a half bath on the first floor that enables a wheelchair
user to enter and close the door. In addition, having reinforcements
between wall studs in bathrooms, or what is commonly called "blocking,"
allows for easier and safer installation of grab bars, if needed in
the future for the home's occupants;
(4)
Bedroom located on the first floor or room-suitable flex room for
living space for a person with mobility impairments.
D.
New two-family dwellings, multiple dwellings, apartments, condominiums
and hotels. For new two-family dwellings, multiple dwellings, apartments,
condominiums and hotels, the building permit fee shall be reduced
by $300 if the dwelling units incorporate the following universal
design basic access features:
(1)
At least one stepless entrance to the dwelling (may be located anywhere:
front, rear, side or even in the garage);
(2)
Wider doors and hallways on the first floor;
(3)
At least a half bath on the first floor that enables a wheelchair
user to enter and close the door. In addition, having reinforcements
between wall studs in bathrooms, or what is commonly called "blocking,"
allows for easier and safer installation of grab bars, if needed;
(4)
Bedroom located on the first floor or room-suitable flex room for
living space for a person with mobility impairments.
The Building Department Administrator shall promulgate procedures
for departmental review of applications for building permits related
to design modifications and accessibility improvements which allow
for priority review and expedited approval.
The Building Department Administrator or his/her designee shall
have the authority to approve the installation of design modifications
and accessibility improvements as a temporary exception from any applicable
front, side and rear lot setback or similar dimensional restrictions
governing the maximum building area of a residentially zoned lot,
without necessity of an application for an area variance from the
Zoning Board of Appeals, subject to the following:
A.
The applicant presents documentation from a licensed medical professional
declaring that one or more residents domiciled at a dwelling within
the Town of Riverhead requires the construction at said domicile of
design modifications and accessibility improvements to provide for
access or egress aided by equipment requiring ramps or lifts;[1]
B.
Such design modifications and accessibility improvements shall not
be included in the floor area or impervious surface calculations applicable
to the dwelling;
C.
Such design modifications and accessibility improvements do not project
more than seven feet beyond the otherwise permissible building area
on the front, side or rear of any dwelling;
D.
The construction of said facilities or improvements meets applicable
American National Standards for Accessible and Usable Buildings and
Facilities, as adopted by the New York State Building Code;
E.
In granting such exemption, the Building Administrator shall limit
the duration of the exception to the time period specified by the
licensed medical professional providing documentation for the home
design modification and accessibility improvement. An extension of
such duration may be permitted by presentation of further documentation
from a medical professional addressing the continued need for the
facility or improvement;
F.
The Building Department Administrator shall promulgate such rules,
procedures, application forms and certificates as may be required
to effectively implement the provisions of this section.
This Part 3 is enacted pursuant to New York State Town Law §§ 130 and 138.
