[Adopted 12-23-2002 by L.L. No. 52-2002[1]]
[1]
Editor's Note: This local law also provided
that applications for SC-44, and MFPRD developments which received
final conditional approval by the date of adoption of this local law
would be exempt from the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
Generally refers to houses or dwellings that meet specific
requirements for accessibility. These requirements are found in state,
local, and model building codes, and the regulations of the Fair Housing
Amendments Act of 1988, the American National Standards Institute
(ANSI) standards, and the Americans With Disabilities Act (ADA) accessibility
guidelines. These regulations, guidelines and laws dictate standard
dimensions and features, including but not limited to door widths,
clear space for wheelchair mobility, countertop heights for sinks
and kitchens, audible and visual signals, grab bars, switch and outlet
height.
Allows some features of a building or dwelling to be changed
to address the needs of an individual with a disability or a person
encountering mobility limitations as he/she ages. Essential design
elements such as wider doorways and halls and barrier-free entrances
are included as integral features, while provisions are made for features
to be adapted (modified or added) as needed. To meet the definition
of "adaptable," the change must be able to be made quickly without
the use of skilled labor and without changing the inherent structure
of the materials. For example, bathroom walls may be designed with
additional supports or reinforcements between wall studs for future
installation of grab bars.
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.
Refers to homes that are not only accessible to guests with
disabilities visiting the homes of nondisabled hosts, but to the future
needs of the nondisabled residents as well.
A design criterion that affords all persons basic access
to residential buildings. Access features to visitable homes include
a zero-step entrance, accessible hallways, and bathrooms with doors
wide enough for a wheelchair user to enter. Such features on the first
level of a dwelling make the home visitable to guests with disabilities
and can help a resident adapt in his/her home should the resident's
needs change due to disability, age, or reduced mobility.
A.
The Town of Southampton has enacted certain provisions
in its Zoning Code to provide for increased housing opportunities
and lifestyle options, consistent with the recommendations of the
Town of Southampton Master Plan of 1970 and the 1999 Comprehensive
Plan Update. Community planning objectives encourage that the Town
enable a wide variety of housing types and, more particularly, to
help make possible housing opportunities with purchase and rental
costs in keeping with the financial means of the Town's residents
who have low or lower-middle incomes. Given that there are many economic
factors impacting young adults, families, and senior citizens, including
but not limited to limited or fixed incomes, physical restrictions,
and the rapidly accelerating costs of purchasing and maintaining a
single-family residence, the Town Board has enacted legislation to
provide for such multifamily housing, congregate senior housing, and
retirement communities within the Town on a floating zone basis.
B.
The purpose of this article is to require that, to
the extent practicable, new developments designated as senior housing
or multifamily housing should incorporate the adaptable design and
visitable design concepts of universal design, respectively, to reduce
problems meeting requirements for accessibility pursuant to the Americans
With Disabilities Act (ADA) and Fair Housing Act Amendments (FHAA).
C.
Universal design, as defined in § 330-5,[1] is a flexible, inclusive process aimed at enabling all
occupants access regardless of size, age, or abilities, including
but not limited to accessibility code compliance. The diverse needs
of the development's population should be accommodated in a cost-effective
yet dignified and pleasant manner assuring a convenient, safe, and
secure environment for all persons residing in such development, whether
active or physically challenged, youthful or elderly.
D.
Visitability, as defined in § 330-5,[2] is a design criterion that affords all persons basic access
to residential buildings. The visitability standard is lower than
full accessibility. Therefore, visitability is not the same as the
Americans With Disabilities Act (ADA) or the National Rehabilitation
Act of 1973, Section 504, Compliant accessibility, or the Fair Housing
Act Amendments of 1988 (FHAA). Buildings of four or more units require
compliance to FHAA standards and will automatically be visitable;
however, visitable dwellings are not necessarily FHAA-compliant.
E.
The Town Board finds that incorporation of certain
universal design features in the design of certain housing developments
is in the best interests of the likely occupants of the housing complex,
future occupants, and the community at large. Such features on the
first level of a dwelling provides basic access and makes the home
visitable to guests with disabilities and can help a resident adapt
in his/her home should the resident's needs change due to disability,
age, or reduced mobility.
F.
Constructing units with visitable design includes
a zero-step entrance; wider doors and passageways within the dwelling;
locating at least one bathroom or powder room on the accessible entry
floor and the ability to install grab bars safely and conveniently
within such bathrooms.
G.
The methods of achieving a zero-step entrance include
consideration of grade when planning the site of multifamily housing
and senior housing developments. Grading an accessible route flush
with the entrance of a unit is typically less costly than constructing
a ramp, and often less than installing steps. Angling doorways at
the end of hallways eases entry for persons using mobility aids. Exterior
accessible routes should be considered when designing the site. Moreover,
accessible routes and wider doorways make movement of people, furniture,
baby strollers, and assistive devices such as wheelchairs, walkers
and crutches safer and easier.
A.
As used in this chapter, the term "high-density residential
development" generally refers to housing developments where the Suffolk
County Department of Health Services indicates the need for a sewage
treatment facility, rather than an on-site conventional subsurface
sanitary system (e.g., cesspools).
(1)
Suffolk County Department of Health Services utilizes
the following land use classifications for residential properties
in the Town of Southampton, based upon planning studies associated
with Peconic Estuary Program and South Shore Estuary Reserve Program:
(a)
Low density: greater than or equal to one acre
for single-family homes; greater than or equal to two acres for two-family
homes ("duplexes"); greater than or equal to three acres for three-family
homes (triplexes).
(b)
Medium density: between 0.2 and one acre for
single-family homes; between 0.4 and 2.0 acres for two-family homes
("duplexes"); between 0.6 and 3.0 acres for three-family homes (triplexes).
(c)
High density: less than or equal to 0.2 acre
for single-family homes; less than or equal to 0.4 acre for two-family
homes (duplexes); less than or equal to 0.6 acre for three-family
homes (triplexes).
(2)
High-density residential land uses include mobile
home parks, apartment buildings, residential cooperatives, and residential
condominium complexes.
(3)
High-density residential developments may also include
a concentration of detached dwelling units in which the underlying
residential zoning has been superseded by a floating zone designation
and the density has been more than doubled, typically to achieve community
planning objectives such as, but not limited to, housing units set
aside for low-to-moderate-income persons or the elderly.
B.
Although likely classified as high-density residential
land uses, two-family and three-family dwellings (i.e., duplexes and
triplexes) to be constructed on single and separate lots in permitted
zoning districts shall not be subject to the requirements of this
article unless there is a multitude of such dwelling units being constructed
in any one development project in the context of a Planned Development
District (PDD), Senior Citizen Housing Project (SC-44), or Multifamily
Housing Project (MFPRD).
C.
Nothing herein shall be construed as to require single-family
detached dwellings to be constructed on single and separate lots created
by typical subdivision plat to be conforming to accessible, adaptable,
or visitable design elements of universal design.
D.
Nothing herein shall be construed as to require detached
mobile homes to be sited on lots within a permitted Mobile Home Subdivision
Residence Zone (MHS-40) to be conforming to accessible, adaptable,
or visitable design elements of universal design.
A.
For high-density residential developments designated as "senior housing" and approved on a floating zone basis pursuant to Chapter 330, Article III, Senior Citizen Zone, SC-44, or § 330-246, Planned Development Districts, PDD, the following supplemental adaptable design development standards shall be required to the extent practicable for all architectural housing prototypes, including but not limited to townhouses and attached two-, three-, or four-family dwellings. The specific universal design standards cited are supplemental to, not in substitution of, other existing federal and state requirements which may impact accessibility and fair housing provisions of the residential development.
(1)
Zero-step entrance. For housing units located on the
ground floor, there shall be at least one stepless entrance to the
dwelling, with a wheelchair-accessible walkway leading to it, unless
it is impractical to do so because of terrain or unusual characteristics
of the site.
(a)
Only one zero-step entrance is required to be
accessible to any one ground floor dwelling unit. The stepless entrance
may be located at the front, rear, side or within an attached garage.
There shall be less than a one-half-inch rise.
(b)
It is preferred that the doorway utilized for
the stepless entrance provide at least 34 inches' clear passage. A
thirty-six-inch door, hung in the standard manner, provides such accessible
entrance. If sliding doors are used for the stepless entrance, those
with the lowest bottom track shall suffice, and at least a thirty-four-inch
clear opening is preferred.
(c)
A sidewalk or driveway being utilized as the
accessible route to the stepless entrance must have a slope no greater
than 1:12. The ratio of length to height should be a foot long for
every inch in height, and less steep whenever possible. Ramps for
accessible routes are permitted for slopes greater than 1:20.
(d)
Site impracticability due to unusual circumstances.
An accessible route to a building entrance is impracticable when the
unusual site characteristics result in a difference in finished grade
elevation exceeding 30 inches and 10%, measured between an entrance
and the closest vehicular or pedestrian arrival points.
(e)
The Building Inspector may waive the requirement
of a stepless entrance if the applicant demonstrates that the topographical
conditions of the site will create an undue hardship. The Building
Inspector shall refer such request for a waiver to the Town Planning
Board for review and recommendations, prior to making a final determination.
A decision shall be made on the request for a waiver of the stepless
entrance requirement no later than the 30th day after receipt of the
request and supporting documentation.
(2)
Doorways and passageways.
(a)
All doors on the ground floor (including bathrooms,
walk-in closets, and any door intended for human passage) shall have
at least a thirty-two-inch clear opening.
(b)
A thirty-four-inch door, hung in the standard
manner, provides the acceptable nominal thirty-two-inch clear opening.
Pocket doors or sliding doors are acceptable doors and have the added
advantage of not impinging on clear floor space in small rooms.
(c)
Levered door hardware is preferred, but not
required. This universal design feature makes it easier for all people,
particularly the elderly, to gain ingress and egress through closed
doors.
(d)
All hallways and room entrances on the ground
floor shall be at least 36 inches wide for an accessible route through
the dwelling.
(3)
Convenience facilities.
(a)
There shall be at least one bedroom located
on the ground floor. A den, library, studio or family room may be
considered as a bedroom to satisfy this requirement.
(b)
There shall be at least 1/2 bathroom (powder
room) located on the ground floor, and it shall be designed with thoughtful
arrangement of fixtures or sufficient floor space to allow an individual
using a wheelchair or other mobility aid to enter and close the door,
use the fixtures, reopen the door and exit.
[1]
Bathroom entry door may swing out or into the
clear floor space provided at any fixture if the maneuvering space
is provided. Maneuvering space may include any knee space or toe space
available below bathroom fixtures.
[2]
A sixty-inch turning radius in the ground floor
bathroom is preferred, but not required, and the clear space under
a wall-hung lavatory can be included in this measurement.
(4)
Adaptability features. All dwelling units shall be
constructed with a keen sensitivity to allow for future renovations
as age, mobility, or health conditions of occupants or future occupants
may necessitate accessibility improvements.
(a)
Bathrooms. Reinforcements or what is commonly
referred to as "blocking" shall be provided between wall studs around
the toilet and the bathtub/shower areas to conveniently and safely
allow for future installation of grab bars, commencing at a height
of 32 inches from the floor, extending at least to a height of 38
inches from the floor. Reinforcements may be provided by way of plywood
or wood blocking.
[1]
Behind the toilet, a minimum twenty-six-inch-wide
reinforced area is required which safely accommodates a twenty-four-inch
grab bar and provides proper backing for attachment flange. Where
a toilet is adjoining a side wall, a minimum twenty-six-inch-wide
reinforced area is required which safely accommodates a twenty-four-inch
grab bar and provides proper backing for attachment flange. For a
side wall adjoining a toilet, a forty-two-inch wide reinforced area
is preferred which safely accommodates a forty-two-inch wide grab
bar and proper backing for flange.
[2]
Along a tub wall, reinforcements shall be at
least 50 inches wide which safely accommodates a forty-eight-inch
grab bar and provides proper backing for flange. Side walls shall
have a minimum twenty-six-inch wide reinforced area, which safely
accommodates a twenty-four-inch grab bar and provides proper backing
for flange.
[3]
Inside a shower stall, reinforcements shall
be at least 26 inches wide on each side adjoining a wall, which safely
accommodates a twenty-four-inch grab bar and provides proper backing
for flange.
(b)
Light switches and other environmental controls
shall have operable parts located in accessible locations, no higher
than 48 inches from the floor and no lower than 15 inches above the
floor.
[1]
Controls or outlets that do not satisfy these
requirements are acceptable, provided that comparable controls or
outlets (i.e., that perform the same functions) are provided within
the same general area and are accessible.
(c)
Kitchens shall be designed with thoughtful arrangement
of appliances and cabinetry so as to provide at least 30 inches of
clear space by 48 inches lengthwise, which allows a parallel approach
by a person in a wheelchair at the oven range or cooktop, refrigerator,
dishwasher and sink.
[1]
Clearance between counters and all opposing
base cabinets, countertops, appliances, or walls is preferred to be
at least 40 inches.
[2]
In U-shaped kitchens with a sink or range or
cooktop at the base of the "U," a sixty-inch turning radius is preferred,
to allow a parallel approach. Alternatively, base cabinets may be
removable at that location to allow for knee space for a forward approach
by a wheelchair user.
[3]
A side-by-side refrigerator-freezer appliance
is preferred, but not required, as a universal design feature which
allows easier access for all people.
B.
For high-density residential developments designated as "multifamily housing" and approved on a floating zone basis pursuant to Chapter 330, Article IV, Multifamily Planned Residential Development, MFPRD, or § 330-246 Planned Development District, PDD, the following supplemental visitable design development standards shall be required to the extent practicable for all architectural housing prototypes, including but not limited to townhouses, attached two-, three-, or four-family dwellings, excluding single-family detached dwellings. The specific universal design standards cited are supplemental to, not in substitution of, other existing federal and state requirements which may impact accessibility and fair housing provisions of the residential development.
(1)
Zero-step entrance. For housing units located on the
ground floor, there shall be at least one stepless entrance to the
dwelling, with a wheelchair accessible walkway leading to it, unless
it is impractical to do so because of terrain or unusual characteristics
of the site.
(a)
Only one zero-step entrance is required to be
accessible to any one ground floor dwelling unit. The stepless entrance
may be located at the front, rear, side or within an attached garage.
There shall be less than a one-half-inch rise.
(b)
It is preferred that the doorway utilized for
the stepless entrance provide at least 34 inches' clear passage. A
thirty-six-inch door, hung in the standard manner, provides such accessible
entrance. If sliding doors are used for the stepless entrance, those
with the lowest bottom track shall suffice and at least a thirty-four-inch
clear opening is preferred.
(c)
A sidewalk or driveway being utilized as the
accessible route to the stepless entrance must have a slope no greater
than 1:12. The ratio of length to height should be a foot long for
every inch in height, and less steep whenever possible. Ramps for
accessible routes are permitted for slopes greater than 1:20.
(d)
Site impracticability due to unusual circumstances.
An accessible route to a building entrance is impracticable when the
unusual site characteristics result in a difference in finished grade
elevation exceeding 30 inches and 10%, measured between an entrance
and the closest vehicular or pedestrian arrival points.
(e)
The Building Inspector may waive the requirement
of a stepless entrance if the applicant demonstrates that the topographical
conditions of the site will create an undue hardship. The Building
Inspector shall refer such request for a waiver to the Town Planning
Board for review and recommendations, prior to making a final determination.
A decision shall be made on the request for a waiver of the stepless
entrance requirement no later than the 30th day after receipt of the
request and supporting documentation.
(2)
Doorways and passageways.
(a)
All doors on the ground floor (including bathrooms,
walk-in closets, and any door intended for human passage) shall have
at least a thirty-two-inch clear opening.
(b)
A thirty-four-inch door, hung in the standard
manner, provides the acceptable nominal thirty-two-inch clear opening.
Pocket doors or sliding doors are acceptable doors and have the added
advantage of not impinging on clear floor space in small rooms.
(c)
Levered door hardware is preferred, but not
required. This universal design feature makes it easier for all people,
particularly the elderly, to gain ingress and egress through closed
doors.
(d)
All hallways and room entrances on the ground
floor shall be at least 36 inches wide for an accessible route through
the dwelling.
(3)
Convenience facilities.
(a)
Bathroom. There shall be at least 1/2 bathroom
(powder room) located on the ground floor, and it shall be designed
with thoughtful arrangement of fixtures or sufficient floor space
to allow an individual using a wheelchair or other mobility aid to
enter and close the door, use the fixtures, reopen the door and exit.
[1]
Bathroom entry door may swing out or into the
clear floor space provided at any fixture if the maneuvering space
is provided. Maneuvering space may include any knee space or toe space
available below bathroom fixtures.
[2]
A sixty-inch turning radius in the ground floor
bathroom is preferred, but not required, and the clear space under
a wall hung lavatory can be included in this measurement.
(4)
Adaptability features. All dwelling units shall be
constructed with a keen sensitivity to allow for future renovations
as age, mobility, or health conditions of occupants or future occupants
may necessitate accessibility improvements.
(a)
Bathrooms. Reinforcements or what is commonly
referred to as "blocking" shall be provided between wall studs around
the toilet and the bathtub/shower areas to conveniently and safely
allow for future installation of grab bars, commencing at a height
of 32 inches from the floor, extending at least to a height of 38
inches from the floor. Reinforcements may be provided by way of plywood
or wood blocking.
[1]
Behind the toilet, a minimum twenty-six-inch-wide
reinforced area is required, which safely accommodates a twenty-four-inch
grab bar and provides proper backing for flange. Where a toilet is
adjoining a side wall, a minimum twenty-six-inch-wide reinforced area
is required, which safely accommodates a twenty-four-inch grab bar
and provides proper backing for flange. For a side wall adjoining
a toilet, a forty-four-inch wide reinforced area is preferred to safely
accommodate a forty-two-inch grab bar with proper backing for flange.
[2]
Along a tub wall, reinforcements shall be at
least 50 inches wide which safely accommodates a forty-eight-inch
grab bar and provides proper backing for flange. Side walls shall
have a minimum twenty-six-inch-wide reinforced area, which safely
accommodates a twenty-four-inch grab bar and provides proper backing
for flange.
[3]
Inside a shower stall, reinforcements shall
be at least 26 inches wide on each side adjoining a wall, which safely
accommodates a twenty-four-inch grab bar and provides proper backing
for flange.
(b)
Light switches and other environmental controls
are preferred, but not required, to have operable parts located in
accessible locations, no higher than 48 inches from the floor and
no lower than 15 inches above the floor.
(c)
Kitchens are preferred, but not required, to
be designed with thoughtful arrangement of appliances and cabinetry
so as to provide at least 30 inches of clear space by 48 inches lengthwise,
which allows a parallel approach by a person in a wheelchair at the
oven range or cooktop, refrigerator, dishwasher and sink.
[1]
Clearance between counters and all opposing
base cabinets, countertops, appliances, or walls is preferred to be
at least 40 inches.
[2]
In U-shaped kitchens with a sink or range or
cooktop at the base of the "U," a sixty-inch turning radius is preferred,
to allow a parallel approach. Alternatively, base cabinets may be
removable at that location to allow for knee space for a forward approach
by a wheelchair user.
[3]
A side-by-side refrigerator-freezer appliance
is preferred, but not required, as a universal design feature which
allows easier access for all people.
C.
Application to new construction of single-family and
multifamily dwelling units on or after the effective date of this
article that is funded with financial assistance from the Town of
Southampton.
(1)
As used in this section, "financial assistance" from
the Town of Southampton includes real estate purchase, lease, or donation
or a Town contract to provide funding or a financial benefit for housing.
(2)
For high-density residential developments designated as senior housing or multifamily housing and approved on a floating zone basis, and to be constructed through a building contract or similar contractual agreement involving a Town-funded program or financial assistance, including but not limited to federal community development block grant (CDBG) funds and Town affordable housing capital reserve funds, the supplemental adaptable design and visitable design development standards cited in § 123-33A and B, respectively, for senior housing and multifamily housing shall be required to the extent practicable for all architectural housing prototypes, including but not limited to townhouses and attached two-, three-, or four family dwellings, excluding single-family detached dwellings. The specific universal design standards cited are supplemental to, not in substitution of, other existing federal and state requirements, which may impact accessibility and fair housing provisions of the residential development.
(3)
For single-family dwellings and multifamily dwellings which are to be constructed on single and separate lots involving a Town-funded program or financial assistance, including but not limited to federal community development block grant (CDBG) funds and Town affordable housing capital reserve funds, the supplemental standards cited in § 123-33B are preferred, but not required, consistent with the fair housing policies of the United States Department of Housing and Urban Development (HUD).
D.
Waivers of the above supplemental design criteria
are applicable only if it can be shown that the site conditions make
the requirement impracticable or if the particular requirement significantly
reduces the affordability of the housing units for the target population
for which specialized zoning approval or municipal funding has been
authorized to enable the high-density residential development. The
applicant must provide supporting documentation that the topographical
conditions of the site or inclusion of basic access features will
create an undue hardship and significantly impact the affordability
of the units.
A.
The Planning Board shall ensure that, as a condition
of site plan approval, the aforementioned specific universal design
standards are to be incorporated in the architectural design by requiring
that the site plans be endorsed with a stamp noting "Universal Design
Required - Town Code Chapter 123" where applicable.
B.
Prior to the issuance of a building permit, the Building
Inspector shall ensure that the architectural plans conform to the
aforementioned specific universal design standards which have been
incorporated as a condition of site plan approval and noted by endorsement
on the approved site plans.
C.
Prior to the issuance of a certificate of occupancy,
the Building Inspector shall ensure that the construction is consistent
with the aforementioned specific universal design standards.
