A.Â
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.
B.Â
State regulations.[1]
(1)Â
Adoption and enforcement of the New York State Uniform Fire Prevention and Building Code. Please refer to Chapter 89, Fire Prevention.
(2)Â
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."
C.Â
Grading. The grading standards as provided for in Article III of this chapter are as promulgated for the following purposes:
(1)Â
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.
(2)Â
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.
(3)Â
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.
A.Â
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.
B.Â
DRAINAGE FACILITIES
GROUNDWATER TABLE
HABITABLE
LATERAL SUPPORT
NATURAL DRAINAGE
NATURAL WATERSHED
REGRADE
STABILIZATION
STORMWATER RUNOFF
SUBDIVIDER
SUBDIVISION[1]
VILLAGE BOARD
Definitions. For the purpose of this chapter, the
following terms, phrases, words and their derivations shall have the
meaning given herein:
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.
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.
The resistance to active horizontal pressure of soils provided
by either the passive pressure of the adjoining soils or a retaining
wall or structure.
The stormwater runoff resulting from topographical and geographical
surface conditions prior to clearing, regrading or construction.
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.
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.
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.