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HomeMy WebLinkAboutTOR LL Building & Construction Office of the Town Clerk Diane M. Wilhelm, Ton~n Ciera Registrar of Vital Statistics Records Management Officer Marriage Officer February 24, 2012 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which were adopted by the Riverhead Town Board at a Regular Town Board meeting on February 22, 2012 ADOPTS A LOCAL LAW AMENDING CHAPTER 52 ENTITLED "BUILDING CONSTRUCTION" OF THE RIVERHEAD TOWN CODE (New York State Uniform Fire Prevention and Building Code) Please add this text to the Riverhead, New York Code Book. If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm Town Clerk 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 24, 2012 We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 158 from Town Board Meeting 02.22.12) Sincerely, Diane M. Wilhelm Town Clerk Signature: ~/~'?~,~(/~ ~ DW:cd date: ~//c~//r-~ 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 02.22,12 120158 TOWN OF RIVERHEAD Resolution # 158 ADOPTED ADOPTS A LOCAL LAW AMENDING CHAPTER 52 ENTITLED "BUILDING CONSTRUCTION" OF THE RIVERHEAD TOWN CODE (New York State Uniform Fire Prevention and BuildinR Code) Councilwoman Gi.qlio offered the following resolution, which was seconded by Councilman Dunleavy WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 52 entitled "Building Construction" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 7th day of February, 2012 at 2:10 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 52 "Building Construction", of the Riverhead Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review Newspaper, the official newspaper, and to post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes i--]No Gabrielsen []Yes [-']No Wooten []Yes [-]No Dunieavy [~Yes [--~No Waiter [~Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted G:\022212\158 - TA ch52NYSUFPBC ado.doc TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 52 entitled, "Building Construction" of the Riverhead Town Code at its regular meeting held on February 22, 2012. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 52 Building Construction § 52-1. New York State Uniform Fire Prevention and Building Code, General Provisions~ Definitions. A. Uniform 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 Uniform Fire Prevention and Building Code," are applicable to all buildings and construction in the Town of Riverhead; said rules and regulations are hereinafter referred to in this chapter as the "Uniform Code" or the Uniform Building Code. B. Violations of the Uniform Code. Any construction as defined herein resulting in a violation of the provisions of the Uniform Code, as promulgated pursuant to Article 18 of the Executive Law of the State of New York, shall be deemed a violation of this section and subject to any orders, requirements and penalties pursuant to New York State Executive Law Section 382 entitled Remedies. C. Scope. Unless otherwise expressly stated, the following words purposes of this chapter, have the meanings defined herein. and terms shall, for the D. Interchan.qeability. Words used in the present tense include the future; words stated in the masculine .qender include the feminine and neuter; the singular number includes the plural and the plural, the singular. E. Terms defined in other codes. Where terms are not defined in this code and are defined in the "Uniform Code," such terms shall have the meanings ascribed to them. F. Terms not defined. Where terms are not defined through the methods authorized by this Chapter, this Code or by the Uniform Code, such terms shall have the ordinarily accepted meanings such as the context implies. Definitions. G:\022212\158 - TA ch52NYSUFPBC ado.doc ADDITION. Any Construction which results in an extension or increase in floor area, number of stories, or height of a building or structure. For the purposes of this definition an addition shall also mean adding any component(s), device(s) or equipment to an existing electrical, plumbing or mechanical system within or upon any building, structure or premise. ALTERATION. Any construction or renovation to an existing building or structure other than an "ordinary repair" or "addition" as defined herein. Alterations are further identified pursuant to the "Uniform Code" and classified as Level 1, Level 2 and Level 3. For the purposes of this definition an alteration shall also include altering the location or the addition of any electrical, plumbing or mechanical system component(s) or device(s) with regard to their existinq location within or upon any building, structure or premise. ALTERED. See Alteration. ACCESSORY STRUCTURE, BUILDING. See chapter §108-3 of this code specifically, "ACCESSORY BUILDING, STRUCTURE OR USE. APPROVED. Acceptable to the code enforcement official or other authority having jurisdiction. BUILDING. Buildinq shall mean a structure having a roof supported by walls that is used, or desiqned or intended to be used for human habitation or occupancy. BUILDING INSPECTOR. An employee of the Town of Riverhead Building Department who currently holds the title and certification of a "New York State Code Enforcement Official" as designated by the "Department of State Division of Code Enforcement and Administration" who is charqed with the administration and enforcement of this chapter. BUILDING DEPARTMENT ADMINISTRATOR. See "Building Inspector" as defined herein. CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a buildinq, structure or premise that involves a change in application of the requirements the Uniform Code and or this code. CODE. The Code of the Town of Riverhead. CODE ENFORCEMENT OFFICIAL. The officer or other designated authority that currently holds the title and certification of a "New York State Code Enforcement Official" as designated by the "Department of State Division of Code Enforcement and Administration", who is charged with the enforcement of this chapter. CONSTRUCTION. To form by assembling or combining any materials, by building or erecting. CONSTRUCTION TRAILER. A portable building designed to be transported after fabrication on its own wheels or on flatbed, used primarily as a temporary office for the purpose of monitoring construction at a construction site. G:\022212\158 - TA ch52NYSLP~PBC ado.doc DEMOLITION. The act of removing "structural components" as defined in this chapter and or the removal of any electrical, plumbing or mechanical system within a building or structure by disassembling or tearing down. DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for livin.q, sleeping, eating, cooking and sanitation. Dwelling units include, but are not limited to, one-family dwellings, each unit in a two-family dwelling, each unit in a multiple single-family dwelling (townhouse), and bed and breakfast dwellinqs. ELECTRICAL INSPECTOR. An employee of the Town of Riverhead Building Department who currently holds the title of Electrical Inspector and certification of "New York State Code Enforcement Official" as designated by the "Department of State Division of Code Enforcement and Administration" who is charged with the administration and enforcement of this chapter. ENLARGED. See Addition. EXTENDED. See Addition. ORDINARY REPAIR. The restoration to .qood or sound condition of an existing part of any building or structure for the purpose of its maintenance. For the purpose of this definition an ordinary repair shall not be deemed an alteration, addition, demolition, and new construction or cause the removal of any "structural component(s)" or result in a "change of occupancy" as further defined herein. For the purpose of this definition any ordinary repair performed without the benefit of a building permit and approval thereof shall comply with the uniform code and shall not cause any building or structure to become less conforming or less safe than it was prior to the repair. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land, easement or public way, including any buildinqs, structures thereon. RENOVATION. See "Alteration". REPLACEMENT SIDING. The process of removing existing siding or cladding. Replacement siding or cladding can also be the installation of new siding or cladding over existing siding or cladding. For the purpose of this definition replacement siding G:\022212\158 - TA ch52NYSUFPBC ado.doc shall not cause any building or structure to become less conforming or less safe than it was prior to the repair. REROOFING. The process of recovering or replacing an existing roof covering. See "Roof recover." RESIDENTIAL PREMISES. A residential premises shall be any parcel of real estate, used or intended for residential purposes, whether platted or un-platted in which a dwelling or dwelling unit is situated upon. For the purpose of this definition a residential premise shall not be a Motel, Hotel, Dormitory or Country Inn which are further defined in this code. ROOF RECOVER. The process of installing an additional roof covering over a prepared existing roof covering without removinq the existing roof coverinq. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SIDING. The covering of the outside walls of a building or structure with materials including but not limited to boards, shingles or vinyl and includes RECLADDING which is covering of the outside walls of a building or structure with materials including but not limited to masonry, glass, stone, concrete, metal, stucco and fiberglass products. STRUCTURE. That which is built or constructed or a portion thereof. STRUCTURAL COMPONENT. Component(s) or material(s) within a building or structure that carry vertical or lateral loads, i.e. live loads, dead loads, snow loads. WALL, RETAINING. A wall not laterally supported at the top that resists lateral soil loads and other imposed loads. WALLS. Walls shall be defined as follows: Load-bearinq wall is a wall supporting any vertical load in addition to its own weight. Nonbearing wall is a wall which does not support vertical loads other than its own weight. § 52-6. Application for building permit. G:\022212\1. 58 - TA c~t52N¥SUF?BC ado,doc !977; 4-4'~ ncm7~ A. No person, owner, firm, agent, contractor or corporation shall commence any work to be done which may cause an "Addition", "Renovation", "Demolition", "Alteration", "Roof Deck Replacement", new "Construction" or "Change of Occupancy" as defined herein of any building or structure upon any premise thereof without first obtaining a building or demolition permit separate and distinct from that required by Chapter §73 and §108 of this code entitled "Landmarks Preservation" and "Zoning", from the Building Inspector for each such building or structure where work or construction is beinq performed. B. Unless there is a separate and distinct requirement in Chapter 73 and 108 of this code entitled "Landmarks Preservation", the following are exempted from the provisions of 52-6: (1) Ordinary Repairs, Except that any work to an existinq electrical system, device or part thereof must comply with .~52-6 (M) entitled Electrical Permits of this chapter. (2) "Reroofing". (3) "Roof Recover". (4) "Replacement Siding". (5) "Retaining walls", less than 4 feet in height. (6) "Construction trailers" provided that said trailers are removed upon completion of the work associated therewith or upon the expiration of the building permit whichever is the latter. (7) Nothing herein is intended to conflict with the exemption from obtaining a building permit for "accessory buildings and structures" set forth in various sections of chapter §108 Entitled Zoning of this code. C. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, or the Code of the Town of Riverhead. ~ D__:, Application for a building permit shall be made to the Building Inspector on forms provided by him. G~. E_= Copies of plans and specifications and a plot plan in accordance with the requirements of the Zoning Ordinance No. 26,EN Town of Riverhead, shall accompany every application for a permit and shall be filed in triplicate. D~. F~ Plans shall be drawn to scale upon substantial paper or cloth, and the essential parts shall be drawn to a scale of not less than 1/8 inch to one foot. In addition, the following dimensions shall be included: [Amended 7-21-1998] (1) (2) (3) (4) (5) (6) Area of property, as expressed in square feet. Percent of building area. Area of proposed building or addition, as expressed in square feet. Height (from grade to ridge). Area of proposed decks, as expressed in square feet. Private garage, as expressed in square feet. G:\022212\158 - TA ch52NYSUFPBC ado.doc E~. G.__:. All plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and show that the code will be complied with throughout. Computations, strains sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany same when required by the Building Inspector. R H__:. Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. G:. I_. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. N:. J_. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector. ~. K__=. The development of a lot within a residential or agricultural zoning use district shall conform to the following standards in the consideration of a building permit: [Added 1-17-1995] (1) Stormwater runoff or natural drainage shall not be diverted so as to overload existing drainage systems, create flooding, cause erosion or cause the need for additional drainage facilities on other private or public real property. (2) Adequate drainage facilities for stormwater runoff shall be provided. (3) Proposed slope embankments along adjoining property lines and street frontages shall have a slope not greater than 33 1/3% unless adequate stabilization or a retaining wall is provided. All slopes shall be adequately stabilized with topsoil and seeding or other approved planting. (4) Front and rear yards shall have a grade of not more than 5% for a distance of 25 feet, as measured in a horizontal plane from the structure. Side yards shall have a grade of not more than 10% for a distance of 10 feet, as measured in a horizontal plane from the structure. All finished grades within 10 feet of the structure shall pitch away from the structure at a grade rate of not less than 2%. (5) The required driveway apron shall be a minimum of 1 1/2 feet below the elevation of the finished floor of the proposed structure. (6) Notwithstanding the foregoing provisions of this section, the Building Department may waive or modify compliance with any of the foregoing minimum standards, subject to appropriate conditions which in the judgment of the Town Engineer are not warranted by special circumstances. (7) No person, firm or corporation shall commence the installation, extension, modification or removal of any electrical system or parts thereof without first filing an electrical application with the Building Department. [Added 5-2-1995 by L.L. No. 3-1995] & L_. The Building Department may approve, disapprove or approve with modification the application for a building permit based upon the standards provided for in this chapter. [Added 1-17-1995] G:\022212\158 - TA ch52NYSUFPBC ado.doc (1) In the event that the Building Department determines that the information required pursuant to § 52-6 of the Code of the Town of Riverhead is inadequate to ascertain whether er not the applicant can or will comply or has complied with this chapter, it may require the applicant to submit to the Building Department a topographical survey prepared by a registered land surveyor or registered professional engineer showing the following: (a) (b) (c) (d) (e) The existing topography at two-foot intervals. The proposed regrading plan at two-foot intervals. Test borings, The proposed structure or other on-site improvements in sufficient detail to determine compliance with this chapter. Elevations of the proposed structures. 62-) M. Electrical Permits. A__Qn application for an electrical permit must be submitted and approved by the Electrical Inspector for the installation, .. ........... Alteration, modiflc3tlon Addition, removal o_zr demolition as defined in this chapter of any electrical systems or parts thereof, said application shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances, and regulations and the Uniform Code. A fee schedule will be determined by resolution of the Town Board of the Town of Riverhead. Nothing herein shall be construed as prohibitinq ordinary repairs as defined in this chapter of an electrical system or device by an owner of residential premises as defined in this chapter on his or her own property. [Added 5-2-1995 by L.L No. 3-1995; amended 3-3-1998] (3) (1) Consistent with the provisions of Chapter 86, the Electrical Inspector shall interpret electrical permit applications for single-family dwelling units and/or their accessory structures which propose the installation of more than one electric meter as being in conflict with the provisions of the Town Code of the Town of Riverhead. Therefore, electrical permit applications proposing the installation of two or more electric meters for single-family dwelling units and/or their accessory structures shall be denied by the Building Department Administrator or his designee, unless the applicant can demonstrate that the location of the principal structure to the accessory structure is such that the electrical service requires two or more meters, and the applicant completes an affidavit attesting to single-family use in conformance with the applicable zoning district. Applicants may seek relief from the denial of such applications based upon this interpretation from the Zoning Board of Appeals. [Added 6-19-2007 by EL. No. 18-2007; amended 6-17-2008 by L.L. No. 18-2008] · Overstrike represents deletion(s) ° Underscore represents addition(s) Dated: Riverhead, New York February 22, 2012 BY THE ORDER OF THE TOWN BOARDOF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:\022212\158 - TA ch52NYSUFPBC ado.doc Town of Riverhead Local Law# 2-2012 CHAPTER 52 Building Construction § 52-1. New York State Uniform Fire Prevention and Building Code, General Provisions, Definitions. A. Uniform 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 Uniform Fire Prevention and Building Code," are applicable to all buildings and construction in the Town of Riverhead; said rules and regulations are hereinafter referred to in this chapter as the "Uniform Code" or the Uniform Building Code. B. Violations of the Uniform Code. Any construction as defined herein resulting in a violation of the provisions of the Uniform Code, as promulgated pursuant to Article 18 of the Executive Law of the State of New York, shall be deemed a violation of this section and subject to any orders, requirements and penalties pursuant to New York State Executive Law Section 382 entitled Remedies. C. Scope. Unless otherwise expressly stated, the following words and terms shall, purposes of this chapter, have the meanings defined herein. for the D. Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. E. Terms defined in other codes. Where terms are not defined in this code and are defined in the "Uniform Code," such terms shall have the meanings ascribed to them. F. Terms not defined. Where terms are not defined through the methods authorized by this Chapter, this Code or by the Uniform Code, such terms shall have the ordinarily accepted meanings such as the context implies. 1 G, Definitions. ADDITION. Any Construction which results in an extension or increase in floor area, number of stories, or height of a building or structure. For the purposes of this definition an addition shall also mean adding any component(s), device(s) or equipment to an existing electrical, plumbing or mechanical system within or upon any building, structure or premise. ALTERATION. Any construction or renovation to an existing building or structure other than an "ordinary repair" or "addition" as defined herein. Alterations are further identified pursuant to the "Uniform Code" and classified as Level 1, Level 2 and Level 3. For the purposes of this definition an alteration shall also include altering the location or the addition of any electrical, plumbing or mechanical system component(s) or device(s) with regard to their existing location within or upon any building, structure or premise. ALTERED. See Alteration. ACCESSORY STRUCTURE, BUILDING. See chapter §108-3 of this code specifically, "ACCESSORY BUILDING, STRUCTURE OR USE. APPROVED. Acceptable to the code enforcement official or other authority having jurisdiction. BUILDING. Building shall mean a structure having a roof supported by walls that is used, or designed or intended to be used for human habitation or occupancy. BUILDING INSPECTOR. An employee of the Town of Riverhead Building Department who currently holds the title and certification of a "New York State Code Enforcement Official" as designated by the "Department of State Division of Code Enforcement and Administration" who is charged with the administration and enforcement of this chapter. BUILDING DEPARTMENT ADMINISTRATOR. See "Building Inspector" as defined herein. CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building, structure or premise that involves a change in application of the requirements the Uniform Code and or this code. CODE. The Code of the Town of Riverhead. CODE ENFORCEMENT OFFICIAL. The officer or other designated authority that curren, tly holds the title and certification of a "New York State Code Enforcement Official" as designated by the "Department of State Division of Code Enforcement and Administration", who is charged with the enforcement of this chapter. CONSTRUCTION. To form by assembling or combining any materials, by building or erecting. CONSTRUCTION TRAILER. A portable building designed to be transported after fabrication on its own wheels or on flatbed, used primarily as a temporary office for the purpose of monitoring construction at a construction site. DEMOLITION. The act of removing "structural components" as defined in this chapter and or the removal of any electrical, plumbing or mechanical system within a building or structure by disassembling or tearing down. DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units include, but are not limited to, one-family dwellings, each unit in a two-family dwelling, each unit in a multiple single-family dwelling (townhouse), and bed and breakfast dwellings. ELECTRICAL INSPECTOR. An employee of the Town of Riverhead Building Department who currently holds the title of Electrical Inspector and certification of "New York State Code Enforcement Official" as designated by the "Department of State Division of Code Enforcement and Administration" who is charged with the administration and enforcement of this chapter. ENLARGED. See Addition. EXTENDED. See Addition. ORDINARY REPAIR. The restoration to good or sound condition of an existing part of any building or structure for the purpose of its maintenance. For the purpose of this definition an ordinary repair shall not be deemed an alteration, addition, demolition, and new construction or cause the removal of any "structural component(s)" or result in a "change of occupancy" as further defined herein. For the purpose of this definition any ordinary repair performed without the benefit of a building permit and approval thereof shall comply with the uniform code and shall not cause any building or structure to become less conforming or less safe than it was prior to the repair. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property;, or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land, easement or public way, including any buildings, structures thereon. RENOVATION. See "Alteration". REPLACEMENT SIDING. The process of removing existing siding or cladding. Replacement siding or cladding can also be the installation of new siding or cladding over existing siding or cladding. For the purpose of this definition replacement siding shall not cause any building or structure to become less conforming or less safe than it was prior to the repair. REROOFING. The process of recovering or replacing an existing roof covering. See "Roof recover." RESIDENTIAL PREMISES. A residential premises shall be any parcel of real estate, used or intended for residential purposes, whether platted or un-platted in which a dwelling or dwelling unit is situated upon. For the purpose of this definition a residential premise shall not be a Motel, Hotel, Dormitory or Country Inn which are further defined in this code. ROOF RECOVER. The process of installing an additional roof covering over a prepared existing roof covering without removing the existing roof covering. ROOF DECK. The fiat or sloped surface not including its supporting members or vertical supports. SIDING. The covedng of the outside walls of a building or structure with materials including but not limited to boards, shingles or vinyl and includes RECLADDING which is covering of the outside walls of a building or structure with materials including but not limited to masonry, glass, stone, concrete, metal, stucco and fiberglass products. STRUCTURE. That which is built or constructed or a portion thereof. STRUCTURAL COMPONENT. Component(s) or material(s) within a building or structure that carry vertical or lateral loads, i.e. live loads, dead loads, snow loads. WALL, RETAINING. A wall not laterally supported at the top that resists lateral soil loads and other imposed loads. WALLS. Walls shall be defined as follows: Load-bearing wall is a wall supporting any vertical Icad in addition to its own weight. Nonbearing wall is a wall which does not support ver[ical loads other than its own weight. 4 § 52-6, A. Application for building permit. No person, owner, firm, agent, contractor or corporation shall commence any work to be done which may cause an "Addition", "Renovation", "Demolition", "Alteration", "Roof Deck Replacement", new "Construction" or "Change of Occupancy" as defined herein of any building or structure upon any premise thereof without first obtaining a building or demolition permit separate and distinct from that required by Chapter §73 and §108 of this code entitled "Landmarks Preservation" and "Zoning", from the Building Inspector for each such building or structure where work or construction is being performed. Unless there is a separate and distinct requirement in Chapter 73 and 108 of this code entitled "Landmarks Preservation", the following are exempted from the provisions of 52-6: (1) Ordinary Repairs, Except that any work to an existing electrical system, device or part thereof must comply with §52-6 (M) entitled Electrical Permits of this chapter. (2) "Reroofing'L (3) "Roof Recover". (4) "Replacement Siding". (5) "Retaining walls", less than 4 feet in height. (6) "Construction trailers" provided that said trailers are removed upon completion of the work associated therewith or upon the expiration of the building permit whichever is the latter. (7) Nothing herein is intended to conflict with the exemption from obtaining a building permit for "accessory buildings and structures" set forth in various sections of chapter §108 Entitled Zoning of this code. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, or the Code of the Town of Riverhead. Application for a building permit shall be made to the Building Inspector on forms provided by him. Copies of plans and specifications and a plot plan in accordance with the requirements of the Zoning Ordinance No. 26, EN Town of Riverhead, shall accompany every application for a permit and shall be filed in triplicate. Plans shall be drawn to scale upon substantial paper or cloth, and the essential parts shall be drawn to a scale of not less than 1/8 inch to one foot. In addition, the following dimensions shall be included: [Amended 7-21-1998] (1)'Area of property, as expressed in square feet. (2) Percent of building area. (3) Area of proposed building or addition, as expressed in square feet. (4) Height (from grade to ridge). (5) Area of proposed decks, as expressed in square feet. (6) Private garage, as expressed in square feet. All plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and show that the code will be complied with throughout. Computations, strains sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany same when required by the Building Inspector. Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector. The development of a lot within a residential or agricultural zoning use district shall conform to the following standards in the consideration of a building permit: [Added 1-17-1995] (1) Stormwater runoff or natural drainage shall not be diverted so as to overload existing drainage systems, create flooding, cause erosion or cause the need for additional drainage facilities on other private or public real property. (2) Adequate drainage facilities for stormwater runoff shall be provided. (3) Proposed slope embankments along adjoining property lines and street frontages shall have a slope not greater than 33 1/3% unless adequate stabilization or a retaining wall is provided. All slopes shall be adequately stabilized with topsoil and seeding or other approved planting. (4) Front and rear yards shall have a grade of not more than 5% for a .distance of 25 feet, as measured in a horizontal plane from.the structure. Side yards shall have a grade of not more than 10% for a distance of 10 feet, as measured in a horizontal plane from the structure. All finished grades within 10 feet of the structure shall pitch away from the structure at a grade rate of not less than 2%. 6 (5) (6) (7) The required driveway apron shall be a minimum of 1 1/2 feet below the elevation of the finished floor of the proposed structure. Notwithstanding the foregoing provisions of this section, the Building Department may waive or modify compliance with any of the foregoing minimum standards, subject to appropriate conditions which in the judgment of the Town Engineer are not warranted by special circumstances. No person, firm or corporation shall commence the installation, extension, modification or removal of any electrical system or parts thereof without first filing an electrical application with the Building Department. [Added 5-2-1995 by L.L. No. 3-1995] The Building Department may approve, disapprove or approve with modification the application for a building permit based upon the standards provided for in this chapter. [Added 1-17-1995] (1) In the event that the Building Department determines that the information required pursuant to § 52-6 of the Code of the Town of Riverhead is inadequate to ascertain whether or not the applicant can or will comply or has complied with this chapter, it may require the applicant to submit to the Building Department a topographical survey prepared by a registered land surveyor or registered professional engineer showing the following: (a) The existing topography at two-foot intervals. (b)The proposed regrading plan at two-foot intervals. (c) Test borings. (d)The proposed structure or other on-site improvements in sufficient detail to determine compliance with this chapter. (e) Elevations of the proposed structures. Electrical Permits. An application for an electrical permit must be submitted and approved by the Electrical Inspector for the installation, alteration, addition, removal or demolition as defined in this chapter of any electrical systems or parts thereof, said application shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances, regulations and the Uniform Code. A fee schedule will be determined by resolution of the Town Board of the Town of Riverhead. Nothing herein shall be construed as prohibiting ordinary repairs as defined in this chapter of an electrical system or device by an owner of residential premises as defined in this chapter on his or her own property. [Added 5-2- 1995 by Lb No. 3-1995; .amended 3-3-1998] (1) Consistent with the provisions of Chapter 86, the Electrical Inspector shall interpret electrical permit applications for single-family dwelling units and/or their accessory structures which propose the installation of more 7 than one electric meter as being in conflict with the provisions of the Town Code of the Town of Riverhead. Therefore, electrical permit applications proposing the installation of two or more electric meters for single-family dwelling units and/or their accessory structures shall be denied by the Building Department Administrator or his designee, unless the applicant can demonstrate that the location of the principal structure to the accessory structure is such that the electrical service requires two or more meters, and the applicant completes an affidavit attesting to single-family use in conformance with the applicable zoning district. Applicants may seek relief from the denial of such applications based upon this interpretation from the Zoning Board of Appeals. [Added 6-19-2007 by L.L. No. 18-2007; amended 6-17-2008 by L.L. No. 18-2008]