[Adopted 11-7-2003 by L.L. No. 37-2003]
The Americans with Disabilities Act of 1990 (42 U.S.C. § 12181), as the same may be amended from time to time, prohibits discrimination on the basis of disability and requires, pursuant to Title III of said Act, that places of public accommodation and commercial facilities be designed, constructed, and altered in compliance with accessibility standards set forth in the Americans with Disabilities Act Accessibility Guidelines set forth in Title III of the Americans with Disabilities Act, and Part 36 of the Regulations for Title III of the Americans with Disabilities Act, as printed in the Code of Federal Regulations (7/1/94 and as thereafter amended) and the appendices annexed thereto, as the same may be hereafter amended from time to time.
All terminology used in this article shall be defined as set forth in the Americans with Disabilities Act (42 U.S.C. § 12181), as the same may be amended from time to time.
It shall be the responsibility of any owner of property containing improvements which are subject to the provisions of Title III of the Americans with Disabilities Act or upon which the owner proposes to construct improvements which, if constructed as proposed, would be subject to the provisions of Title III of the Americans with Disabilities Act, to assure that such improvements comply with any and all Design and Accessibility Guidelines ("Guidelines") required pursuant thereto. Newly constructed places of public accommodation and commercial facilities must be accessible to individuals with disabilities to the extent that such access is not structurally impracticable. Existing facilities which predate the January 1993 dateline are required to remove physical barriers to entering and using existing facilities when such removal is "readily achievable." Whether such alterations on existing facilities are considered readily achievable is to be considered on a case-by-case basis. If compliance with the Guidelines is not readily achievable, other safe, readily achievable measures must be taken.
All plans submitted to the Building Inspector for purposes of obtaining a building permit for new construction, or for the addition to, alteration or modification of existing construction utilized or proposed to be utilized for purposes within the scope of Title III of the Americans with Disabilities Act, shall contain a certification from the architect or design professional that the proposed construction complies with the accessibility requirements of the Americans with Disabilities Act, and shall further state that:
Any required alterations to existing premises (other than the improvements for which a permit is sought) required pursuant to the requirements of the American with Disabilities Act have been designed and will be implemented as a part of the improvement process; or
A waiver or variance has been obtained from such requirements.
Jurisdiction. The Zoning Board of Appeals shall have jurisdiction to determine appeals of aggrieved persons concerning the following. Aggrieved persons, for purposes hereof, shall be deemed those individuals owning or in control of property over which the Building Inspector has jurisdiction and authority pursuant to the provisions of the Town Code and/or New York State Uniform Fire Prevention and Building Code, and for which the Building Inspector has issued an interpretation, order, requirement, decision or determination relating to the application of the ADA upon the subject property.
Interpretations: interpretations of the Building Inspector including all orders, requirements, decisions, or determinations made by him pursuant to the provisions of the Americans With Disabilities Act (ADA); or
Variances: application for a variance from the requirements of the ADA. Criteria to be considered when granting such variances shall include but are not limited to the following:
The size and financial means of the public accommodation, commercial facility, or private entity seeking the variance;
Architectural limitations on existing structures, including geographical, structural, and technical barriers, which may make alterations necessary to comply with the provisions of the ADA impracticable;
In newly constructed places of public accommodation only "unique characteristics of terrain" (i.e., proximity to wetlands requiring construction on pilings) shall be considered when granting variances to the ADA.
The aggrieved party shall make written application to the Zoning Board of Appeals in the form required by the Board. In the event of an appeal front an interpretation, order, requirement, decision or determination by the Building Inspector with regard to the application of the ADA, such application shall be filed within 60 days of the Building Inspector's interpretation, order, requirement, decision, or determination made pursuant to the provisions of the ADA.
For purposes of this section, the Building Inspector shall be deemed to have filed his/her interpretation, order, requirement, decision or determination when the later of the following two events occur:
When the Building Inspector has placed his/her interpretation, order, requirement, decision, or determination in any of his/her official files regarding the affected premises; or
When the Building Inspector has mailed or caused to be delivered notice of his/her interpretation, order, requirement, decision, or determination to any owner, lessee, contract vendee, mortgagee, or other person having a legal or equitable interest in the affected premises, or to any agent of any of the above parties.
All applications shall set forth fully the facts and circumstances relied upon by the applicant in support of the application. The application shall set forth the specific provisions of the ADA involved, the interpretation, order, requirement, decision, or determination of the Building Inspector appealed from, the circumstances and reasons for requesting a variance, or, if applicable, the "unique characteristic of terrain" which purportedly justifies the variance.