[Amended 12-5-1996 by L.L. No. 2-1996]
Any construction undertaken pursuant to a validly
issued building permit within the delineated boundaries shall conform
to the requirements of this chapter, the New York State Uniform Fire
Prevention and Building Code and any other applicable codes, whether
being local, county, state or federal.
A.
Permitted use. The following permitted uses in the
nonflood hazard area shall meet the standards set forth in this chapter:
[Amended 12-5-1996 by L.L. No. 2-1996]
(1)
Any use, purpose or activity of a building, dwelling
unit, structure, lot, land or part thereof pertaining to any residential
uses (i.e., single-family dwellings, multiple-family dwellings, mobile
homes, etc.);
(2)
Any business, commercial or industrial (i.e., retail
stores, banks, restaurants, machine shops, etc.);
(3)
Any agricultural or open space uses (i.e., crop farming,
golf course, playground, etc.); or
(4)
Any other use (i.e., municipal buildings, school libraries,
etc.).
B.
Requirements for occupied structures in the nonflood
hazard area. A permit shall be issued when it is determined that the
structure is located within a nonflood hazard area and the proposed
construction or alteration is in full compliance with any and all
applicable local, county, state and federal codes, rules and regulations,
including the following requirements:
[Amended 12-5-1996 by L.L. No. 2-1996]
(1)
General requirements.
(a)
All structures over 140 square feet and new
septic systems or the expansion of existing septic systems are required
to have a permit. Aboveground and in-ground pools, decks, porches
and any structure under 140 square feet which is occupied for other
than storage shall conform to the rules and regulations for that of
a structure over 140 square feet.
(b)
Placement of structures.
[1]
No structure shall be placed nearer than a distance
of at least 40 feet from the nearest right-of-way line of any public
highway or street.
[2]
No structure shall be placed nearer than a distance
of at least 30 feet from an adjacent property line, unless the structure
is deemed by the Building Inspector or Code Enforcement Officer that
it is an auxiliary structure of less than 140 square feet.
[3]
An auxiliary structure not used for business
under 140 square feet may be placed a minimum of 10 feet from the
property line.
[4]
Structures over 140 square feet used for human
occupancy, structures which are attached to an existing structure
with footings and structures which may impair safe egress from a structure
will be placed upon footings and/or a foundation.
[5]
Perk tests will be conducted and witnessed by
a New York State certified engineer or the Building Inspector or Code
Enforcement Officer on all new septic systems and expansion of existing
systems before a permit will be issued. A deep test hole of not less
than five feet will be conducted at the same time.
[6]
A person who may build a structure which is
used for living, constructed on a parcel of property which has an
existing occupied structure, must appear before the appropriate Town
Board for a variance before a permit may be issued.
(2)
Foundation construction. Each structure over 140 square
feet and used for human occupancy shall have a foundation which shall
extend a minimum of 48 inches. All footings shall have a minimum of
two continuous three-eighths-inch rebar throughout the footing.
(3)
Structures over 140 square feet and not used for human
occupancy shall either have a foundation which shall extend a minimum
of 48 inches below the finish grade or a floating slab. "Floating
slab" shall be defined as follows:
(a)
Floating slab foundations shall be limited to
wood frame buildings with heights of 12 feet maximum from floor to
eaves and 20 feet maximum from floor to gable peak.
(b)
All sewer, water, gas or oil supply lines must
be installed before the slab is poured.
(c)
A watertight vapor barrier must be placed over
the gravel before the slab is poured, which will prevent the cement
fines from working into the voids of the gravel and prevent moisture
from seeping up into the slab from the soil.
(d)
The slab must be reinforced with wire mesh weighing
not less that 20 pounds per 100 square feet or with six inches by
six inches of No. 10 wire mesh.
(e)
The slab must be at least four inches thick
and be troweled to a smooth, hard finish.
(f)
A permanent, waterproof, nonabsorptive type
of rigid insulation must be installed around the perimeter of the
slab in accordance with the requirements of the New York State Energy
Conservation Code. Slab edge insulation shall have an R-value of R-10.
(g)
The finish floor shall be at least eight inches
above grade.
(h)
The slab shall be thickened where any bearing
partitions may occur.
(i)
Anchor bolts shall be placed at maximums of
one foot from each end of the sill and maximums of eight feet on centers.
A minimum of two anchor bolts shall be installed in each sill. The
anchor bolt shall be at least 1/2 inch in diameter and shall be embedded
at a minimum of six inches into the concrete.
(j)
A pressure-treated sill shall be installed on
the concrete slab. A sill sealer shall be installed between the sill
and the concrete.
(k)
Two No. 4 rebars shall be installed. The rebars
shall be placed with a minimum of three inches of cover, placed on
chairs or other proper supports and properly lapped and tied.
(4)
Protection against frost action.
(a)
The adjoining ground is to be sloped away from
the foundation on all directions.
(b)
The finish floor level should be high enough
above natural grade so that the finished grade will provide good drainage.
(c)
The underlying soil should preferably be sand
or gravel to reduce to a minimum heaving due to frost action.
(d)
Silty sand or clay soil should be removed.
(e)
All debris, topsoil and organic matter must
be removed from below the slab. Loose soil must be tamped. Earth fill
should not exceed 12 inches.
(f)
At least a four-inch layer of course gravel
must be placed above the soil and tamped well.
C.
Site improvement requirements.
(1)
General. Condition of soil, groundwater levels, drainage
and topography shall not create hazards to the property or the health
and safety of the occupants. The site shall not be exposed to objectionable
smoke, noise, odors or other adverse influences.
(2)
Soil and ground cover. Exposed ground surfaces shall
be protected with a vegetative growth or other substance that is capable
of preventing soil erosion and of eliminating objectionable dust.
(3)
Site drainage requirements. The ground surface in
all parts shall be graded and equipped to drain all surface water
in a safe, efficient manner.
D.
Water supply requirements.
(1)
General. An accessible, adequate, safe and potable
supply of water shall be provided for each occupied structure. A private
water supply system shall be developed and used as type approved by
the New York State Department of Health.
(2)
Source of supply.
(a)
The water supply system shall be developed and
used as type approved by the New York State Department of Health.
(b)
Every well or suction line of the water supply
system shall be located and constructed in such a manner that neither
underground nor surface contamination will reach the water supply
from any source. The minimum distances set by the New York State Department
of Health for wells and various sources or contamination shall be
used.
E.
Electric distribution requirements.
(1)
General. When public power is available, every occupied
structure shall contain an electrical system consisting of wiring,
fixtures, equipment and appurtenances which shall be installed and
maintained in accordance with applicable codes and regulations governing
such systems.
(2)
Power distribution lines.
(a)
Main power lines not located underground shall
be suspended at least 18 feet above the ground. There shall be a minimum
horizontal clearance of three feet between overhead wiring and structures.
An occupied structure which is lawfully in existence
prior to the enactment of this chapter may continue to be used as
living quarters by its occupants, provided that the water and sewage
systems meet the minimum requirements of the New York State Department
of Health.
When a structure is damaged to the extent that
a safety and health hazard exists, either by fire, explosion, act
of God or the public enemy, such structure shall be altered or rebuilt
immediately. If the structure is not altered or rebuilt it shall be
removed immediately following the destructive incident.
If a nonconforming building or use existing
at the time this chapter becomes effective is subsequently changed
to a conforming use or is destroyed by fire, explosion, act of God
or the public enemy to the extent that a safety and/or health hazard
exists, such building or use shall not again be altered or rebuilt,
except in conformity with the rules and regulations of the district
in which such building is located.
