[Added 10-19-2010 by L.L. No. 29-2010]
A.Â
Legislative intent.
(1)Â
It is the intent of the Town Board to establish incentives for applicants
that submit proposals that incorporate specific universal design and
accessibility features for new and existing residences.
(2)Â
This article establishes a mechanism by which building permit applications
for the development, redevelopment and modification of new and existing
residences containing universal design and accessibility features
are expedited, permit fees are reduced or waived, and strict adherence
to the applicable zoning district's setback regulations through the
building permit approval process are relaxed to the fullest extent
practicable.
B.Â
Findings.
(1)Â
The Town of Babylon's 1998 Comprehensive Plan indicates that the
Town's population over 65 years of age has been increasing, and the
United States Census Bureau reports that by 2030 one out of five Americans
will be 65 years and older. The aging of the population creates an
increasing need for housing that is accessible for occupants as well
as visitors.
(2)Â
The Town Board finds that the incorporation of certain universal
design features during the planning, construction, extension or alteration
of a residence will afford seniors and physically challenged persons
greater opportunity to occupy or visit homes within the Town of Babylon
to age in place which avoids the considerable cost to retirees, their
families and often the State of New York for unnecessary and unwanted
residencies in assisted-living or nursing-care facilities.
As used in this article, the following terms must comply with
the Americans with Disabilities Act (ADA) and shall have the meanings
indicated:
As defined by ANSI 117.1 and commonly provides for a thirty-six-inch
door that when hung in the standard manner provides a minimum clearance
of 32 inches with no more than one-quarter-inch beveled thresholds
and equipped or easily refitted with lever-type door handles.
A step-free entry at any opening of the dwelling (front,
back, side, garage), the path to which from the driveway or public
sidewalk is an unobstructed walkway of at least 36 inches in width
with an approach slope of not more than 1:12.
The most current version of the "Standard on Accessible and
Usable Building Facilities," commonly known as "ICC/ANSI A117.1,"
published by the International Code Council and American National
Standards Institute, Inc.
The grant of priority status to an application that shall
result in the review of the application ahead of applications filed
prior thereto. Ultimately the issuance of a building permit will be
contingent upon the application satisfying all applicable New York
State Residential Building Code requirements.
A common-use room that can be converted to a private bedroom
without demolition, with the exception of that which is required for
installing a door in an existing wall opening. A flex room must meet
governing code requirements for future use as a bedroom, including
egress and smoke detection.
A room or an area in a building in which food is cooked and/or
prepared and which contains equipment used in the cooking and preparation
of food, i.e., stove and/or oven and/or microwave oven or any other
appliance, device or equipment ordinarily used in the preparation
and/or cooking of food. It may also contain any or all of the following:
sink and/or refrigerator and/or base cabinet(s) and/or upper cabinet(s).
A specific benefit granted to the applicant submitting an
application for development, redevelopment and modification of new
and existing residences in accordance with the universal design and
accessibility requirements.
A room containing a toilet (water closet) and lavatory (sink)
but no bathtub or shower.
The design of products and environments to be usable by all
people, to the greatest extent possible, without the need for adaptation
or specialized design.
A.Â
All applications for development, redevelopment and modification
of new and existing residences, including single-family, multifamily
and senior citizens' multiresidences, which are ADA compliant, shall
receive an expedited review by the Building Division to the fullest
extent practicable, if the following universal design features are
incorporated into the project:
(1)Â
Accessible entryway and accessible internal route of travel.
(a)Â
Zero-step entrance. At least one zero-step entrance to the residence
which may be located at the front, rear or side of the home but does
not include any entrance that is located within an attached garage.
There shall be less than a one-half-inch rise at the zero-step entrance.
A sidewalk or walkway being utilized as the accessible unobstructed
route of at least 36 inches in width to the zero-step entrance must
have a slope no greater than 1:12.
(b)Â
All exterior hinged doors shall be accessible doors with a minimum
of 32 inches' internal clearance and with no more than one-quarter-inch
beveled thresholds and equipped or easily refitted with lever-type
door handles.
(c)Â
All interior hinged doors with landings shall be a minimum of
36 inches wide (32 inches' internal clearance) and with no more than
one-quarter-inch beveled thresholds and equipped with or easily refitted
with lever-type handles.
(d)Â
One dedicated power source at all interior stairs leading to
habitable space for possible future stair-lift installation.
(e)Â
Accessible route connecting the accessible entryway with all
accessible dwelling space, including the accessible powder room, bathroom,
kitchen, flex room or bedroom and other common-use rooms on the accessible
level of the dwelling.
(2)Â
At least one accessible bedroom or flex room on the ground/first
floor of the dwelling.
(3)Â
Convenient facilities.
(a)Â
Accessible bathroom or adaptable powder room on the ground/first
floor.
[1]Â
There shall be at least a half bathroom located on the ground
floor or first floor, and the fixtures shall be arranged to provide
sufficient floor space so as to allow an individual using a wheelchair
or other mobility aid to enter and close the door, use the facilities,
reopen the door and exit. A sixty-inch turning radius is required
to meet the requirements of this section. Maneuvering space may include
any knee space or toe space available below the bathroom fixtures,
including the clear space under the wall-hung lavatory. The lavatory
shall be equipped with a lever faucet handle(s).
[2]Â
Wall blocking for future grab bars installed per ANSI A117.1.
[3]Â
Step-free tub or roll-in shower with wall blocking and grab
bars per ANSI A117.1 or sufficient space for future accessible shower
or accessible bath that does not encroach on the required sixty-inch
turning radius. Adaptable plumbing to be provided for future installations
of a step-free or roll-in shower to be brought to the floor and walls
and capped off for future use. Install ANSI A117.1 compliant wall
blocking for future grab bars.
(b)Â
Accessible or adaptable kitchen consistent with the requirements
of ANSI A117.1 or as determined by the Building Official, a kitchen
that provides adequate wheelchair access and circulation with accessible
light, vent, oven and stovetop controls as well as breakaway cabinetry
under the sink for ease of future modification for wheelchair accessibility.
B.Â
The building permit fee shall be reduced by 50% for any development,
redevelopment and modification of a new or existing residence in which
the applicant incorporates all of the above-listed universal design
features which are ADA compliant.
C.Â
Existing home modification.
(1)Â
The building permit fee shall be waived for applications related
solely to improving access, safety and welfare for the physically
challenged and elderly, including but not limited to ramps, kitchen
and bathroom renovations which are ADA compliant.
(2)Â
The Building Division shall have the authority to approve the installation
of exterior design modifications and accessibility improvements which
are ADA compliant, when the Building Official determines that there
is no practical and complying accessible pathway to any accessible
entryway. A temporary exception from any applicable front, side and
rear yard setbacks may be granted subject to the following:
(a)Â
Such design modifications and accessibility improvements do
not encroach more than six feet beyond the otherwise permissible building
setback on the front, side and/or rear of the home;
(b)Â
Such design modifications and accessibility improvements shall
not be included in the calculation of a percentage of the maximum
building area for a given lot;
(c)Â
The applicant presents documentation from a licensed physician
declaring that one or more occupants living in the home requires the
construction of exterior design modifications and accessibility improvements
to provide for access or egress;
(d)Â
In granting such a temporary exception, the Building Division
shall limit the duration of the exception to a time period of two
years. An extension of such duration may be permitted by presentation
of further documentation from a medical professional addressing the
continued need for the design modification or accessibility improvement;
(e)Â
The construction of said improvements meets applicable code
requirements for accessibility.
