[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:
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.
Two or more parcels sharing a common boundary at one or more
points.
Any construction, demolition or excavation activity occurring
on, above, or under adjacent property.
A masonry chimney without a proper footing and supported
by wood-framed brackets on or in a building.
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.
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."
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.
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.
Any of the following activities:
The construction, alteration, repair, extension, demolition
or dismantling of buildings or structures.
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.
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.
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.
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.
Any man-made cut, cavity, trench, or depression in the earth's
surface formed by earth removal, using machinery or powered equipment.
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.
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.
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.
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.
A scaffold supported by legs, outrigger beams, brackets,
poles, uprights, posts, frames, or similar rigid support.
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.
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.
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.
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.
