This chapter is enacted in order to establish a code for the guidance of the Village of Lake Grove, the Building Inspector, the Village Engineer, the Planning Board and Board of Appeals, its departments, employees, agencies and for the general public, contractors, owners and builders engaged in the construction and development of the Incorporated Village of Lake Grove.
Adoption and enforcement of the New York State Uniform Fire Prevention and Building Code. Please refer to Chapter 89, Fire Prevention.
Applicability of State Code. Those rules and regulations promulgated pursuant to Article 18 of the Executive Law of the State of New York, collectively known as the "New York State Fire Prevention and Building Code," are applicable to all buildings and construction in the Village of Lake Grove; said rules and regulations being referred to hereinafter as the "code."
Grading. The grading standards as provided for in Article III of this chapter are as promulgated for the following purposes:
To regulate and control the regrading of land throughout the village in all use district classifications in order to prevent serious and irreparable damage to our natural resources, to maintain the natural terrain where feasible so as to minimize and retard the erosive effects of wind and water, to prevent the depreciation of property values, to prevent the removal of lateral support for abutting streets, lands and structures, to prevent damage to natural watersheds, to provide adequate drainage for surface water runoff and, in general, to protect the health, welfare and safety of the residents of the village, their land, property and possessions.
To regulate and prescribe certain requirements and conditions necessary for the construction of one-family dwellings as part of a subdivision or development and on individual lots conforming to the provisions of a residence district, lots or parcels of land heretofore held in single and separate ownership, including such small and substandard lots as do not comply with the requirements and specifications for residence districts as provided in Chapter 175, Zoning, of the Incorporated Village of Lake Grove.
All new construction of buildings, commercial, business, residential dwellings or other structures are included and must comply with all the required provisions of this chapter, regardless of size or area of the lot, parcel or plot located in whole or in part within the Village of Lake Grove.
Word usage. As used in this chapter and when not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory, and the word "person" includes corporations or copartners as well as an individual. "Writing" includes printing, printed or typewritten matter. The "code" shall refer to and mean both this chapter and the New York State Uniform Fire Prevention and Building Code.
Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
- DRAINAGE FACILITIES
- Gutters, swales, pipes, conduits and superstructures for the collection and conducting of stormwater to an adequate facility for the storage and disposal of the stormwater, dry wells, curb catch basins, manholes, leaching wells and other appurtenances.
- GROUNDWATER TABLE
- The elevation of the top of the water stored in the highest aquifer in the subsoils, at the location of the proposed structure, including but not limited to so-called "perched water"; except that where it is demonstrated that removal of the impervious layer underlying the perched water will substantially lower the level of the water, the lower water surface shall be considered the "groundwater table."
- Capable of being occupied by one or more persons for living, sleeping, eating or cooking.
- LATERAL SUPPORT
- The resistance to active horizontal pressure of soils provided by either the passive pressure of the adjoining soils or a retaining wall or structure.
- NATURAL DRAINAGE
- The stormwater runoff resulting from topographical and geographical surface conditions prior to clearing, regrading or construction.
- NATURAL WATERSHED
- An area of land which, in its natural state and prior to any man-made change, and due to its topography and geography, drains to a particular location within that area.
- To change the elevation of the ground surface, either temporarily or permanently.
- Treatment of subsoils to increase ability to resist lateral pressures and/or treatment of surface to resist wind and water erosion.
- STORMWATER RUNOFF
- The amount of rainwater which, due to topographical surface conditions and geology of the upstream land, drains to a particular location, or the rate at which the rainfall passes through a particular location.
- Any person who owns, purchases, divides, develops or builds on plots or land as a builder, contractor, owner or in any other capacity, a subdivision for any purpose whatsoever and as herein below defined.
- The division of any parcel of land, with or without streets, into two or more lots, plots, sites or other division of land, for the purpose of transfer of title or ownership, whether immediately or in the future, regardless of the purpose for the use of such land, either as residential dwellings or plots for the development of business, commercial or industrial uses, regardless of the size of the divided lots or plots.
- VILLAGE BOARD
- The elected Mayor and the four elected Trustees constitute the governing body of the Village of Lake Grove and shall be referred to as the "Village Board" in this chapter.