Town of Lyons, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED BUILDING MATERIAL OR CONSTRUCTION EQUIPMENT
Any building material or construction equipment, whether created in the course of construction operations or otherwise, and regardless of whether a building permit has been issued for the same, which remains upon the premises and which is not secured in a permanent type building or enclosure, for a period of one month after building material or construction equipment has been placed upon the premises and no work has been commenced upon same; or if said work has been commenced, one month after work has ceased on said premises.
ADJACENT (ABUTTING) PROPERTY
Two or more parcels sharing a common boundary at one or more points.
ADJACENT CONSTRUCTION
Any construction, demolition or excavation activity occurring on, above, or under adjacent property.
BRACKET CHIMNEY
A masonry chimney without a proper footing and supported by wood-framed brackets on or in a building.
BUILDING MATERIAL
Any lumber, siding, roofing material, masonry material, electrical wiring, plumbing, plumbing fixtures and parts of fixtures or any other item or items used in the trades for the construction of buildings of any substance or material.
COMBUSTIBLE VEGETATION
Material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation includes dry grass, brush, weeds, natural cut trees, loose surface litter or other flammable vegetation that creates a fire hazard. See also "highly flammable plants."
CONSTRUCTION AND DEMOLITION DEBRIS
Discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to clean cardboard, paper, plastic, wood, and metal scraps, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or demolition of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soil, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.
CONSTRUCTION EQUIPMENT
Any scaffolding, planks, tools, forms, saw horses, construction shanties, or any other item or items used in the trades as tools or equipment for the construction of a building of any substance or material.
CONSTRUCTION OPERATIONS
Any of the following activities:
A. 
The construction, alteration, repair, extension, demolition or dismantling of buildings or structures.
B. 
The construction, alteration, repair, extension or demolition of any works forming, or to form, part of the land, including but not limited to walls, road works, power lines, telecommunication apparatus, aircraft runways, docks and harbors, railways, pipelines, reservoirs, water mains, wells, sewers, etc.
C. 
The installation in or about any building or structure of systems of heating, lighting, air conditioning, soundproofing, ventilation, power supply, drainage, sanitation, water supply, burglar or fire protection.
D. 
Operations which form an integral part of, or are preparatory to, or are for rendering complete such operations as are described in Subsections A through C, including site clearance, earth moving, excavation, tunneling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works.
E. 
Operations which form an integral part of, or are preparatory to, or are for rendering complete the drilling for or extraction of minerals, oil, natural gas or the exploration for, or exploitation of, natural resources.
EXCAVATION
Any man-made cut, cavity, trench, or depression in the earth's surface formed by earth removal, using machinery or powered equipment.
FIRE STOPPING
Materials used to prevent or limit the spread of fire in hollow walls or floors, above false ceilings, in penetrations for plumbing or electrical installations, or in cocklofts or crawl spaces.
HIGHLY FLAMMABLE PLANTS
Combustible vegetation that generally has several of these characteristics: contains fine, dry, or dead material within the plant, such as twigs, needles, and leaves; leaves, twigs, and stems contain volatile waxes, terpenes, or oils; leaves are aromatic (strong odor when crushed); sap is gummy, resinous, and has a strong odor; may have loose or papery bark. A common example is juniper.
IMMEDIATE LANDSCAPED AREA
The area of improved property extending at least 30 feet from the foundation of the structure, including the footprint of decks and all extensions, and the area in which vegetation has been modified for reduced flammability or aesthetic purposes, such as lawns and gardens.
SCAFFOLD
A temporary platform, either supported from below or suspended from above, on which workers sit or stand when performing tasks at heights above the ground.
SCAFFOLD, SUPPORTED
A scaffold supported by legs, outrigger beams, brackets, poles, uprights, posts, frames, or similar rigid support.
SCAFFOLD, SUSPENSION
A scaffold suspended by ropes or other nonrigid means from an overhead structure.
Except for emergency work, the conducting of construction operations between the hours of 11:00 p.m. and 7:00 a.m. shall be prohibited.
A. 
Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, or ladders, arranged in accordance with the general principles of the Uniform Code insofar as they can reasonably be applied to buildings under construction.
B. 
No building or structure under construction shall be occupied in whole or in part until all exit facilities required for the part occupied are completed and approved for use.
C. 
Existing buildings may be occupied during repairs or alterations only if all existing exits and all existing fire protection equipment are continuously maintained or, in lieu thereof, other measures are taken which provide equivalent safety.
D. 
Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building only if the condition of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
A. 
Adjacent construction shall not cause serious adverse environmental conditions or a hazard to the public or property.
B. 
Adequate precautions shall be taken to minimize the possibility of injury to the public and damage to adjacent properties.
C. 
Where adjacent construction results in a code violation upon adjacent property, the violation shall be corrected at the expense of the owner or operator of the adjacent construction.
D. 
Hazards to firefighters. Whenever construction operations uncover potential hazards to firefighters, such hazards shall be mitigated as part of the construction project. Such hazards may include, but are not limited to, bracket chimneys and the lack of fire stopping.
A. 
Approval. The installation of a scaffold on, over or adjacent to public property shall be preapproved by the authority having jurisdiction. Supported scaffolds over 60 feet in height shall require a building permit.
B. 
Footing. Supported scaffold footings shall be level and capable of supporting the loaded scaffold. The legs, poles, frames, and uprights shall bear on mud sills or base plates.
C. 
Guying ties and braces. Supported scaffolds with a height-to-base ratio of more than 4:1 shall be restrained from tipping by guying, tying, bracing, or the equivalent.
D. 
Clearance to power lines. Scaffolds shall not be erected, used, dismantled, altered, or moved such that they or any conductive material handled on them might come closer to exposed and energized power lines than 10 feet.
(1) 
Exception 1. For insulated power lines of less than 300 volts, the minimum clearance shall be three feet.
(2) 
Exception 2. For uninsulated power lines of more than 50 kv, the minimum clearance shall be 10 feet plus 0.4 inch for each one kv over 50 kv.
(3) 
Exception 3. Scaffolds and materials may be closer to power lines where such clearance is necessary for performance of work, and only after the utility company, or electrical system operator, has been notified of the need to work closer and the utility company, or electrical system operator, has de-energized the lines, relocated the lines, or installed protective coverings to prevent accidental contact with the lines.
E. 
Suspension scaffolds.
(1) 
Suspension scaffolds shall be tied or otherwise secured to prevent swaying.
(2) 
Tiebacks must be secured to a structurally sound anchorage on the building or structure. Sound anchorages do not include standpipes, vents, other piping systems or electrical conduit.
F. 
Other safety precautions.
(1) 
Personnel shall be prohibited from working on scaffolds covered with snow, ice or other slippery material except as necessary for removal of such material.
(2) 
Suspension ropes shall be shielded from heat-producing processes. When corrosive substances are used on a scaffold, the ropes shall be shielded, treated to protect against the corrosive substances, or shall be of material that will not be damaged by the substance being used.
(3) 
Work on or from scaffolds is prohibited during storms or high winds unless a competent person has determined that it is safe for workers to be on the scaffold and those employees are protected by a personal fall arrest system or wind screens. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed.
(4) 
Rubbish shall not be allowed to accumulate on scaffolds.
A. 
Permit required. It shall be unlawful for any person, firm or corporation to excavate, strip, move, remove, grade, fill or deposit any topsoil, earth, sand, clay, gravel, humus, rock or other mineral deposit from, upon, or within any land within the jurisdiction unless a permit shall have been duly issued by the Code Enforcement Officer. Permits may be otherwise required by state or local law or these rules and regulations for the specific activity being conducted (i.e., installation of a septic system).
(1) 
Exception 1. Not more than an aggregate of 15 cubic yards of excavation or clean fill shall be allowed without a permit at one- and two-family dwellings.
(2) 
Exception 2. Agricultural activities such as land tilling and drain tile installation shall not require a permit.
(3) 
Exception 3: public utility work.
B. 
Protection of underground facilities. Building contractors and other persons engaged in demolition or excavation work shall contact Dig Safely New York for underground utility stakeouts, in accordance with New York State Code Rule 753. Public utilities shall be protected from damage due to grading or excavation operations.
C. 
Safety precautions.
(1) 
A competent person shall inspect, on a daily basis, excavations and the adjacent areas for possible cave-ins, failures of protective systems and equipment, hazardous atmospheres, or other hazardous conditions. If these conditions are encountered, exposed persons must be removed from the hazardous area until the necessary safety precautions have been taken. Inspections are also required after natural (e.g., heavy rains) or man-made events such as blasting that may increase the potential for hazards.
(2) 
Support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of adjacent structures such as buildings, walls, sidewalks or pavements.
(a) 
Excavation below the level of the base or footing of any foundation or retaining wall shall be prohibited unless:
[1] 
A support system such as underpinning is provided;
[2] 
The excavation is in stable rock; or
[3] 
A registered professional engineer determines that the structure is sufficiently removed from the excavation and that excavation will not pose a hazard to persons or property.
(b) 
Excavations under sidewalks and pavements are prohibited unless an appropriately designed support system is provided or another effective method is used.
D. 
Protection of open excavations. Open excavations in or near roads, pedestrian walkways and similar locations shall be protected by an approved barricade or continuously guarded.
E. 
Time limit on open excavations. No excavation for building or any other purposes in the jurisdiction, whether or not completed, shall be left open for more than 90 days without proceeding with the erection of a building thereon. In the event that any such excavation remains open for more than 90 days, the Code Enforcement Officer shall order that the erection of a building on the excavation begin forthwith or, in the alternative, that the excavation be filled to grade. If the owner of the land fails to comply with the order within 15 days after service thereof upon him, the Code Enforcement Officer shall cause the excavation to be filled to grade, and the cost plus an administrative fee shall be charged against the real estate in the same amount as the surcharge for property maintenance as set from time to time by the Town Board by resolution. The billing and collection of said costs shall be as provided in local law.
F. 
Excavation and fill of watercourses. A permit shall be required for excavation, grading or fill within any watercourse receiving drainage from a public roadway, or in any watercourse lying within a public easement or right-of-way. Precautionary measures to protect and maintain the flow of watercourses shall be taken.
G. 
Temporary erosion control. Precautionary measures necessary to protect adjacent watercourses and public or private property from damage by water erosion, flooding or deposition of mud or debris originating from the site shall be put in effect. Precautionary measures shall include provisions of properly designed sediment control facilities so that downstream properties are not affected by upstream erosion.
H. 
Tracking of dirt onto public streets. Adequate cleaning of equipment to prevent the tracking of dirt and debris onto public streets shall be provided.
I. 
Revegetation. The loss of trees, ground cover, and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground cover plants and/or trees. Such plantings shall provide for rapid, short-term coverage of the slopes as well as long-term permanent coverage. A plan by a registered design professional shall be provided where required by the Code Enforcement Officer.
J. 
Hazards from existing grading. Whenever any existing excavation, embankment or fill has become a hazard to life or limb, endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, such excavation, embankment or fill shall be eliminated.
A. 
General. Landscaping is required for all new buildings and additions over 500 square feet in floor area. Said landscaping shall be completed within one year from the date of occupancy of the building.
B. 
Street-side yards. All required yards and open spaces abutting public streets shall be completely landscaped, except for those areas occupied by utilities, access driveways, parking areas, paved walkways, playgrounds, walls, structures or other required facilities.
C. 
Maintenance. All required live landscaping shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis.
D. 
Prevention of mulch fires.
(1) 
Approved receptacles for smoking materials shall be installed at all entrances to public buildings and in designated smoking areas. Mulch shall not be used in or near these areas.
(2) 
A minimum eighteen-inch clearance shall be provided between landscaped mulch beds and combustible building materials.
(3) 
Noncombustible landscaping materials such as rock, decorative stone or pea gravel shall be used around the gas meter and next to the combustible portions of the structure.
E. 
Fire-resistant plants. Within the immediate landscaped area, only fire-resistant plants should be used. Highly flammable plants shall be prohibited within five feet of structures.
Any building material and construction equipment which has been abandoned as herein defined is hereby declared to be a menace to the public health and safety and a nuisance. All abandoned building material and construction equipment must be removed from the property or enclosed in a permanent building suitable for storage of said equipment or material, which building shall comply with Chapter 300, Zoning, of the Town Code.
A. 
The use of temporary cover is allowed on a temporary basis to protect structures and contents therein from storm and catastrophic events. A permit is not required; however, temporary cover must be securely attached to the structure, must be free of holes and tears, and must be removed no later than the time necessary to effectuate permanent repairs. The owner of the property shall exercise reasonable and prompt measures to make permanent repairs to the structure. The Code Enforcement Officer may allow a property owner a period not to exceed 180 days within which to remove temporary cover from, and make permanent repairs to, the structure. Exception: in cases of extension issued by the Code Enforcement Officer due to climate conditions.
B. 
The term "cover" shall mean any form of plastic, cloth, fabric, material commonly known as "tarp," wood, or other material that is used to conceal loose or missing shingles, cracks, holes or openings that expose or could expose an interior part of a structure, including the contents therein, to rain, snow, hail or wind, or theft or loss.
Once installed, housewrap and building paper shall not be left exposed to the elements for longer than four months.
A. 
Exception 1. Such materials may be left exposed to the elements for a longer period of time where specifically permitted by the manufacturer.
B. 
Exception 2. in cases of extension issued by the Code Enforcement Officer due to climate conditions.
It shall be the absolute duty and irrevocable responsibility of the building contractor to verify that all permits required by the Town of Lyons are lawfully in effect before proceeding with any work to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the whole or part of any building or structure or any of the appurtenances thereto, sidewalk, street or pavement. No building contractor, worker or other person shall perform any construction or demolition or other work unless a building permit covering such work has been displayed as required by this chapter.
A. 
Exception 1 (emergency repairs). Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted to the Code Enforcement Officer within three working business days.
B. 
Exception 2 (ordinary repairs). Work is not prohibited where such work does not require a permit.
A. 
All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, shall obtain such approval as required by the agency providing such service prior to issuance of a building permit.
B. 
Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The authority having jurisdiction (AHJ) is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the AHJ agrees otherwise. All service extensions shall be designed and installed in full conformance with the AHJ's standards for such service, and shall be subject to review, permit and inspection as required by other policies or laws of the AHJ.
After submittal of the appropriate construction documents, the Code Enforcement Officer is authorized to issue a permit for the construction of foundations of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation shall proceed at the holder's own risk and without assurance that a permit for the entire structure will be granted. Neither the basement and/or cellar may be occupied for any purpose until a certificate of occupancy has been issued for the entire structure.
A. 
All slash from vegetation modification and construction debris shall be removed prior to or immediately upon completion of construction.
B. 
Land-clearing debris, including rocks, trees, stumps and associated vegetation, shall not be sent to sites that are agricultural land, flood hazard areas, wetlands, or conservation areas, except where approved by the Code Enforcement Officer.
C. 
Combustible debris shall not be accumulated within buildings. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. Combustible debris, rubbish and waste material shall not be disposed of by burning on site unless approved.