[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:
A.
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
B.
A waiver or variance has been obtained from such requirements.
A.
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.
(1)
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
(2)
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:
(a)
The size and financial means of the public accommodation,
commercial facility, or private entity seeking the variance;
(b)
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;
(c)
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.
B.
Application procedure.
(1)
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.
(2)
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:
(a)
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
(b)
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.
(3)
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.
