The restrictions of Chapter 198, Zoning, shall not be deemed to be modified by any provisions of this chapter; and such restrictions shall be controlling except insofar as this chapter imposes greater restrictions by reason of the type of construction used, in which case the provisions of this chapter shall control.
A. 
General. Except as otherwise provided in this section, no part of a building hereafter erected or any enlargement of a building heretofore erected shall project beyond a street line or a building line.
B. 
Permissible projections.
(1) 
Moldings. Moldings, belt courses and similar decorative projections other than a main cornice may project not more than four (4) inches when less than ten (10) feet above the curb level and not more than ten (10) inches when more than ten (10) feet above the curb level.
(2) 
Main cornices. Main cornices may project not more than eighteen (18) inches if less than twenty (20) feet above the curb, nor more than three feet when more than twenty (20) feet above the curb level.
(3) 
Rustications and quoins. Rustications and quoins may project not more than four (4) inches beyond the building line. Bases for columns, pilasters, etc., may project not more than ten (10) inches, provided they are not more than five (5) feet in height.
(4) 
Doors. No door shall be hung so as to project, when fully open, more than twelve (12) inches beyond the building line.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(5), Marquees, was repealed 5-10-2005 by L.L. No. 19-2005.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(6), Drop awnings, was repealed 5-10-2005 by L.L. No. 19-2005.
(7) 
Fire escapes. Fire escapes and balconies to fire towers or other required exits, constructed of steel or other noncombustible materials, when required to be added to existing buildings, may project not more than four (4) feet beyond the street line, but no part of such fire escapes and balconies shall be less than ten (10) feet above the sidewalk, provided that nothing in this section shall prevent the use of movable stairs to the sidewalk.
(8) 
Exterior hose connections. Exterior hose connections for fire extinguishing equipment hereafter installed shall not project beyond the building line but shall be set in recesses in the street walls of buildings when these are on the street line, except that such hose connections may project nine (9) inches into the street if they are at least two (2) feet above the sidewalk level. Fresh-air plates for plumbing systems may not project into the street but shall be set flush with the face of the wall.
(9) 
Vaults. Vaults under the sidewalks, areas, hatchways, stairways or open spaces below the sidewalk level outside of buildings shall be enclosed with substantial walls and shall not project more than five (5) feet into the street. They shall be covered with flush iron or steel nonslip covers or gratings designed to carry three hundred (300) pounds per square feet of live load. Covers which are designed to be opened shall be safeguarded when so open. When such vaults, areas or open spaces are called for in plans of a proposed building for which a permit is being sought, a permit to construct said vaults, areas or open spaces shall be obtained from the State, County or Town Highway Department and submitted to the Building Inspector with the application for a permit for the building as a whole.
C. 
Projections removable. Any part of a building permitted to project beyond a street line or building line shall be so constructed that it may be removed without adversely affecting the structural safety of the building.
D. 
Limitations. Nothing in this section shall be deemed to authorize a projection beyond the street line or building line that is prohibited by Chapter 198, Zoning, or by other code or law.
E. 
Permits revocable. Permission, expressed or implied in the provisions of this section, to construct a building so as to project beyond the street line or building line is revocable by the Town of Huntington at will.
F. 
Alterations. No change or enlargement shall be made to an existing building now projecting beyond the street line, except in conformity with the provisions of this section for new construction.
G. 
Existing encroachments. Such parts of buildings as already project beyond the street line may be maintained as constructed until their removal is directed by the Town Board.
A. 
Every single-family dwelling of frame construction hereafter erected shall have a ground floor livable area of not less than eight hundred (800) square feet, except that for a dwelling with a second story which has fully seven (7) feet six (6) inches of headroom, the livable area of the ground floor may be reduced to six hundred (600) square feet, provided the second story has at least four hundred (400) square feet of finished livable area. For the purpose of computing the ground floor livable area of a split-level dwelling, the half story above the ground level shall be included but not the half story below ground level. The livable area of a single-family dwelling shall contain at least three rooms, at least one of which shall have a minimum area of one hundred seventy (170) square feet and none of which, except bathrooms, shall have an area of less than seventy (70) square feet, except that for single-family dwellings whose ground floor area exceeds one thousand (1,000) square feet, partitions between living rooms, kitchens and dining rooms may be omitted, provided the minimum square footage of floor space allotted to these several purposes equals or exceeds the amount of floor space each of these rooms would contain if partitioned off separately.
B. 
Every two-family dwelling of frame construction shall have a minimum ground floor area of eight hundred (800) square feet and each apartment therein shall have a livable floor area of at least six hundred (600) square feet and at least three (3) rooms, one of which shall have a minimum area of one hundred seventy (170) square feet and none of which, except bathrooms, shall have an area of less than seventy (70) square feet.
C. 
The term "livable area" shall be construed as applying to space in which persons normally live and shall include only living rooms, dining rooms, bedrooms, kitchens and bathrooms and closets containing not more than fifteen (15) square feet for each such room, and only such rooms as are finished and accessible directly by permanent stairs.
D. 
No existing dwelling shall be changed or altered so that it fails to comply with the provisions of this section.
Slab foundations are permitted for dwellings, frame accessory buildings and prefabricated buildings. These shall consist of reinforced monolithic concrete slabs at least six (6) inches thick, resting upon at least six (6) inches of well-tamped cinder or gravel fill and supported around their entire periphery by foundation walls at least six (6) inches thick, extending to a depth of at least three (3) feet below finished grade.
Downspouts and leaders emptying on grade shall have splash blocks of concrete or other approved material so located as to carry the rainwater at least three (3) feet from the building. In lieu of this arrangement, downspouts may be carried below grade into vitrified tile leading to dry wells at least ten (10) feet away from the building.
[Amended 1-9-2007 by L.L. No. 2-2007; 5-7-2013 by L.L. No. 9-2013]
A. 
Fences.
(1) 
No fence more than six (6) feet in height shall be constructed, installed, located or modified without a building permit having been issued by the Department of Engineering Services. The height of fence posts including decorative tops shall not exceed six feet six inches (6’ 6”) from grade without a permit. Notwithstanding the preceding section, and notwithstanding anything to the contrary in this Code, a deer fence of up to eight (8) feet in height may be constructed, installed, located or modified without a building permit having been issued by the Department of Engineering Services.
[Amended 8-11-2021 by L.L. No. 39-2021]
(2) 
The height of a fence shall be measured from grade to the highest component of the fence. Where a fence is mounted on top of a retaining wall the height of the fence shall be measured from the grade of the bottom of the retaining wall to the highest component of the fence.
(3) 
Where a retaining wall is located within ten (10) feet of a property line, the height of any fence within five (5) feet of the retaining wall shall be measured from the top of the fence to either the grade at the base of the fence or the base of the retaining wall, whichever height is greater.
B. 
Retaining walls.
(1) 
No retaining wall or tiered retaining walls with a combined height of more than four (4) feet shall be constructed, installed or modified without a building permit having been issued by the Department of Engineering Services.
(2) 
The height of a retaining wall shall be measured vertically from grade to the highest component of the retaining wall.
(3) 
A retaining wall constructed as a crib wall shall not have an exposed vertical face of more than four (4) feet or a cumulative height of more than eight (8) feet.
(4) 
At the discretion of the Town, if the height of a retaining wall creates a hazardous condition a guard must be installed at the top of the wall to ensure public safety. The guard shall not be less than thirty-six (36) inches in height. Guards shall have intermediate rails or ornamental closures which do not allow passage of a sphere four (4) inches or more in diameter.
C. 
Freestanding walls.
(1) 
No freestanding wall more than four (4) feet in height shall be constructed, installed, located or modified without a building permit having been issued by the Department of Engineering Services.
(2) 
The height of a freestanding wall shall be measured from grade to the highest component of the wall.
The installation of heating systems and cooking appliances shall conform to the requirements of the National Board of Fire Underwriters as embodied in N.B.F.U. pamphlet No. 54 and in the Building Code Standards of the National Board of Fire Underwriters for the installation of Heat Producing, Ventilating, Air Conditioning, Blower and Exhaust Systems, 1949 Edition. Provision shall be made in all boiler or heater rooms for an adequate air supply to ensure proper combustion.
[Amended 2-11-2003 by L.L. No. 5-2003]
A. 
Installation. The installation of all electrical work, including equipment, shall comply with all laws applying to electrical installations in effect in the Town of Huntington and with all current regulations of the National Electrical Code as mandated by the New York State Building Code.[1]
[1]
Editor's Note: Former Subsection B, Lighting, which immediately followed this subsection, was repealed 11-9-2005 by L.L. No. 39-2005.
A. 
Definition. "Unprotected metal construction," as applied to buildings, means that in which the structural supports are unprotected metal and in which the roofing and walls or other enclosures are of sheet metal or of noncombustible materials or of masonry deficient in thickness or otherwise not conforming to approved masonry.
B. 
General. The requirements of this section provide a minimum standard of new construction and shall apply to all public, institutional, business and storage buildings and to reconstructions, alterations and conversions of such structures existing prior to the adoption of this chapter in the Town of Huntington.
C. 
Limitations. No dwellings or residence buildings shall be constructed of unprotected metal construction.
D. 
Construction. Buildings of unprotected metal construction shall comply with all requirements for safety and sanitation required by the New York State Labor Law and the State Building Code.
[Added 5-10-2005 by L.L. No. 16-2005]
(A) 
For the purpose of this section, the following terms shall have the meanings indicated:
[Amended 11-19-2019 by L.L. No. 65-2019]
(1) 
a "construction contract" shall mean any contract with a value in excess of two hundred and fifty thousand ($250,000) dollars which the Town of Huntington is a party or for work to be performed on Town of Huntington-owned property that concerns the design, construction, reconstruction, improvements, rehabilitation, maintenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind; and
(2) 
a "Certificate of Completion" shall mean a certificate issued by the New York State Department of Labor which recognizes a person's successful completion, within the twelve (12) month period immediately preceding the date of the construction contract, of a qualified apprenticeship training program registered and approved by the Commissioner of the New York State Department of Labor in accordance with the New York Labor Law and 12 NYCRR § 600, et seq., and any amendments thereto.
(B) 
Prior to entering into a construction contract, each of the general contractor, subcontractor, or applicant (as the case may be, and hereinafter the "Contractor") shall provide (i) a list of all trades or classifications of workers it anticipates engaging on the construction project given the type and scope of work to be performed and (ii) documentation to show that it has apprenticeship agreements appropriate for said type and scope of work to be performed which have been registered with, and approved by, the New York State Commissioner of Labor in accordance with Article 23 of the New York Labor Law, and at least 1 Certificate of Completion from each apprenticeship training program with which it has an apprenticeship agreement. The Contractor must also submit then current New York State Department of Labor approved Form AT-401 certificates or similar certificates demonstrating that there is at least one (1) apprentice currently enrolled in each apprenticeship training program for the type and scope of work to be performed on the construction contract, and if the Contractor is a signatory to a sponsored apprenticeship training program, it must submit to the Town a letter from the sponsor of the apprenticeship training program(s), verifying the Contractor's signatory status as a participating entity approved by the Commissioner of the New York State Department of Labor to employ New York State registered apprentices.
[Amended 11-19-2019 by L.L. No. 65-2019]
(C) 
The determination of compliance with this section shall be made, and certified, by the Director of the Department of Engineering Services. An aggrieved party may appeal such determination in an Article 78 proceeding to the Supreme Court, Suffolk County filed within thirty (30) days of filing of the determination by the Director with the Town Clerk or mailing of such determination to the Contractor, whichever is later.
[Amended 11-19-2019 by L.L. No. 65-2019]
(D) 
It is the intent of the Town Board to exercise its municipal home rule powers to supercede any inconsistent provisions of state law, with specific reference to the time periods to commence legal action set forth in CPLR § 217(1) or any other inconsistent provision of state law with respect to the subject matter of this code provision.
[Added 5-22-2007 by L.L. No. 24-2007; amended 6-11-2008 by L.L. No. 14-2008; 10-11-2011 by L.L. No. 26-2011]
(A) 
Commencing on January 1, 2012 prior to the issuance of a building permit for the construction of a new one-family dwelling, the owner or applicant shall certify that the plans and specifications comply with the energy conservation requirements by submitting with the building permit application a New York State HERS compliance certificate issued by an independent certified HERS rater that is acceptable to the Director of Engineering Services, indicating that the building was designed to meet a HERS Index Rating of 70 or less as defined by the most current rating system promulgated by RESNET. Said certificate must indicate compliance with the most current version of the Energy Conservation Construction Code of New York State (ECCCNYS).
(B) 
Prior to the issuance of a Certificate of Occupancy for a newly constructed one-family dwelling where the building permit was issued on or after January 1, 2012, the property owner or applicant shall produce a Home Energy Rating Certificate (HERC) from an independent certified RESNET rater acceptable to the Director of Engineering Services that the as-built structure achieves a HERS Index Rating of 70 or less and that the structure complies with the most current version of the Energy Conservation Construction Code of New York State (ECCCNYS). The applicant shall also produce a certificate by an independent certified rater that the structure is in compliance with the most current Combustion Safety Standards promulgated by RESNET. Any Certificate of Occupancy issued shall indicate that the structure is in compliance with the Energy Efficient Home Standard.
(C) 
Commencing on January 1, 2012, prior to the issuance of a Certificate of Occupancy for a newly constructed one-family dwelling for which a building permit has been previously issued, the owner or applicant shall provide a Home Energy Rating Certificate (HERC) from an independent third party certified RESNET rater acceptable to the Director of Engineering Services. Any Certificate of Occupancy issued shall indicate that the structure is ESLH V.2 compliant.
(D) 
The Director of Engineering Services may establish requirements for HERS raters practicing within the Town of Huntington as to the submission of proof regarding certification, insurance, experience, independence, and such other proof or disclosure as deemed advisable or necessary by the Director; and may maintain a list of approved raters that have provided the required information. The Director may establish rules and regulations to limit conflicts of interest in the HERS rating of buildings and structures. If an approved list is maintained by the Director, no HERS rater may provide the services required in this section unless the rater is on the approved list. HERS raters may be removed from the list of approved raters by the Director for cause and upon reasonable notice.[1]
[1]
Editor’s Note: Former § 87-55.3, which was "Reserved," and § 87-55.4, Solar Power Fast-Track Program, added 5-22-2007 by L.L. No. 21-2007, which immediately followed, were repealed 9-23-2008 by L.L. No. 29-2008 and 12-13-2011 by L.L. No. 38-2011.