[Adopted 1-2-1963]
This article shall be known as the "Henrietta
Cellar Drainage Ordinance."
The purpose of this article is to remedy and
prevent the flooding of sanitary and storm drains and to protect the
health, safety and property of the people by requiring proper drainage
of cellars in residences.
[Amended 3-20-1963; 9-19-1973; 9-7-1977]
A.
Every structure below grade hereafter erected shall
have a sump pit installed, the bottom of which shall be not less than
two feet below the surface of the basement floor and no less than
18 inches in diameter. Perforated drain tiles, or an approved equal,
four inches inside diameter shall be installed just outside or inside
the footings of the basement exterior walls and at least six inches
below the basement floor, and such drain tiles shall be drained into
the sump pit. The tile system shall be properly installed and protected
from siltation. In areas where high or extensive groundwater is evident,
tiles shall be provided inside and outside the footings as described
above. Drain tiles are to be placed around entire perimeter of footings
with both ends of tile connected to the sump pit. The grade of the
tile is to permit drainage from both ends of the pipe. In areas of
high or extensive groundwater, if tiles are placed inside and outside
of footings and it is evident that groundwater continues to penetrate
the footings and/or basement walls, weep holes are to be bored through
the bottom course of block and covered with an approved material.
[Amended 6-20-2001 by L.L. No. 3-2001]
B.
In the sump pit, there shall be installed an automatic
electrically operated Underwriters approved sump pump with a capacity
of not less than 2,600 gallons per hour against a discharge head of
five feet, with a one-and-one-fourth-inch discharge pipe through the
basement wall and equipped with a swing check valve to prevent backflow
to the sump pit. The electric motor shall not be less than 1/3 horsepower
and shall be equipped with approved thermal overload protection devices.
C.
Where sump pumps are installed, they shall be connected
to any available storm sewer system. Basement floor drains, if installed,
shall be connected as required by the Monroe County Health Department.
When discharge into a storm sewer is impossible, necessary precautions
shall be taken to prevent the discharge to flow on any neighboring
property by means of proper grading of the ground surface and by proper
location of the discharge pipe.
D.
In structures where the elevation of the point of
proposed drainage discharge in relation to the lowest point of the
cellar drainage system is such that gravity flow is possible, such
a system may be used only with the approval of the Director of Engineering
and Planning. The minimum allowable grade shall be 1/4 inch per foot
(2%). Where gravity flow is allowed, a check valve shall be installed
to prevent any backflow into the cellar drainage system.
E.
Where the topography, soil and water conditions, as shown by the certificate of an engineer or architect duly licensed by the State of New York, in the case of a particular building or group of buildings, are such as to permit drainage of the cellars in such building or buildings by means other than those required by Subsections A, B and C of this section, the owner of the premises or builder of such buildings may make application to use other methods of cellar drainage. Such other methods shall be shown on a map and plan thereof, showing the location and design of the proposed cellar drainage facilities and the location of said buildings, prepared by a licensed architect or engineer, which map and plan shall accompany the said certificate. Upon the written recommendation of the Building Inspector or designee and after the filing of the required documents, the Town Board may adopt a resolution authorizing the Building Inspector or designee to issue a building permit or permits for the construction of such building or group of buildings with drainage facilities as shown on said map, plan and certificate or the Town Board may modify said plan and approve issuance of a permit in accordance with such modified plan or may deny such relief.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
[Added 9-7-1977]
The approval of plans for proposed cellar drainage
systems shall not constitute a representation, guaranty or warranty
of any kind or nature by the Town of Henrietta or by any officer or
employee thereof of the safety, operation, adequacy or intent of the
proposed facilities and shall create no liability upon or cause for
action against such public body, officer or employee for any damage
that may result from construction pursuant thereto.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
No building permit for a residential building shall hereafter
be issued by the Henrietta Building Inspector or other official charged
with the issuance of building permits unless the plans for construction
submitted with the application for the permit shall include provisions
for compliance with this article, and such Inspector shall not issue
any certificate of occupancy for such residence unless and until the
requirements of this article have been complied with.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
This article shall be enforced by the Building Inspector of
the Town of Henrietta or designee.
[Added 6-20-2001 by L.L. No. 3-2001;
amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this article shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
in the minimum amount of $100, up to a maximum amount of $250. Each
week's continued violation shall constitute a separate additional
violation.
