TOWN OF NORTH HEMPSTEAD LOCAL LAW NO. OF 2012 A LOCAL LAW AMENDING CHAPTER 2 OF THE TOWN CODE, ENTITLED AADMINISTRATION AND ENFORCEMENT@ Section 1. Legislative Intent. The Board finds that it is in the best interest of the Town of North Hempstead to make amendments to Chapter 2 entitled Administration and Enforcement in order to eliminate the requirement of submitting a property survey to the Building Department for interior alterations or renovations that do not alter or change the footprint or envelope of the building or structure for which the building permit or certificate is sought; to establish a temporary reconciliation program for building and plumbing permit applications to maintain construction, improvements and alterations which had been previously undertaken without the required permit(s) and inspections, and that are submitted to, or pending in, the Building Department, on or after July 2, 2012, through and including December 31, 2013, wherein said applications will not be subject to increased penalty fees set forth in the Building Department fee schedule, but rather will be subject to the regular permit fee for proposed work without imposition of a penalty; to modify broker's responsibilities prior to listing; and to make such other amendments as deemed necessary. Section 2. Chapter 2 entitled AAdministration and Enforcement@of the Town Code, Article I, Section 2-9 is hereby amended as follows: 2-9. Permit required; application. [Amended 8-21-1990 by L.L. No. 8-1990; 9-17-1996 by L.L. No. 22-1996; 1-28-1997 by L.L. No. 3-1997; 4-2-2002 by L.L. No. 4-2002] A. No person, firm or corporation shall commence the alteration of any lot or parcel, including the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure or tree, or part thereof, or change the nature of the occupancy of any building or structure or cause the same to be done or the removal of trees without first filing with the Building Commissioner an application for such removal, construction, alteration, moving or demolition or installation of elevator, heating or heatproducing appliance or equipment, other than ordinary stoves or ranges, and obtaining a permit, except that no permit shall be required for the performance of ordinary repairs which are not structural in nature. B. Such application shall be made to the Building Commissioner on forms provided by him and shall contain the following information: (1) A description of the land on which the proposed work is to be done. (2) A statement of the use or occupancy of all parts of the land and the proposed building structure. (3) The valuation of the proposed work.
(4) The full name and address of the owner and of the applicant, and the names and addresses of their officers if any of them are corporations. (5) A brief description of the nature of the proposed work. (6) A duplicate set of plans and specifications as set forth in Subsection G of this section. (7) A short environmental assessment form, as set forth in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York. [Added 12-16-2003 by L.L. No. 15-2003] (8) A statement from the applicant and owner disclosing: [Added 12-16-2003 by L.L. No. 15-2003] (a) Whether the soils on or the groundwater beneath the land on which the proposed work is to be done has been contaminated by hazardous waste; and (b) Whether the lot or parcel on which the proposed work is to be done is subject to a consent order and a plan. If the lot or parcel is subject to a consent order and a plan, the applicant and owner shall provide a copy of such consent order and plan, along with the names, addresses, telephone numbers, and other contact information of any regulatory agency deemed relevant by the Commissioner of Buildings. No permit will be issued if the Building Commissioner determines, based upon information provided by a regulatory agency, that the owner or applicant is not in compliance with the consent order or plan. (c) For the purposes of this 2-9B(8): [1] The term "hazardous waste" shall have the same meaning as set forth for said term in Part 371 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York. [2] The term "consent order" shall mean an order issued by a regulatory agency for the remediation or monitoring of hazardous waste contaminating either the soils on or the groundwater beneath the land on which work is proposed hereunder. [3] The term "plan" shall mean a plan for the remediation or monitoring of hazardous waste contaminating either the soils on or the groundwater beneath the land on which work is proposed hereunder, which has been approved by a regulatory agency as part of a consent order. [4] The term "regulatory agency" shall mean the United States Environmental Protection Agency, the New York State Department of Environmental Conservation, the Nassau County Department of Health, or any other federal, state, or local agency, board, department, or other entity overseeing compliance with the consent order and implementation of a plan. (9) Such other information as may reasonably be required by the Building Commissioner to establish the compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations. C. Applications 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. D. If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by 2-9T.
Permits from the state, county, Town and/or village authorities shall be submitted at the time of making application for the permit. E. The Building Commissioner shall require a separate application to be filed for an elevator installation, but in case such separate application is filed by the same applicant in connection with and relating to an application to construct or alter a building or structure, it shall not be necessary to duplicate the affidavit attached to, or information contained in, the application to construct or alter. F. Nothing in this section shall prevent the Building Commissioner from requiring such additional information as may be necessary for an intelligent understanding of any proposed work. G. Each application for a building permit shall be accompanied by duplicate plans and specifications, and duplicate original property surveys representing existing conditions completed stamped and sealed by a licensed land surveyor and a recent tax bill for the subject property. The applicant shall type or print legibly all pertinent information on the applications. The plot plan shall be drawn to scale and shall show the location, size, shape and dimensions of the property, the setbacks from the property lines and the size of all existing and proposed buildings, additions and/or structures on the property, and the front yard setbacks of all existing buildings within 200 feet on each side of the plot. The plot plan shall show the location, type and size of all trees, indicating those trees to remain, those to be removed and those to be planted. Notwithstanding the above, property surveys representing existing conditions shall not be required for interior alterations or renovations that do not alter or change the footprint or the exterior shell of the building or structure, including but not limited to exterior walls and the roof, for which the building permit is sought. H. The plans shall be drawn to scale and shall show all necessary details of all structural, mechanical, electrical, and plumbing work to be performed. 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. J. The Building Commissioner may waive the requirement for filing plans and specifications for minor alterations. K. An application to demolish shall give the full name and address of the owner or owners, the applicant and the person who is to do the work and the lot number or street number of the premises. If the performance of the work requires the removal of a tree or trees, it shall be accompanied by a tree removal permit application as required by 2-9T. L. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Commissioner prior to the commencement of such change of work. Amendments shall be limited to minor changes, alterations, improvements or modifications to the work contemplated within
the original permit application and/or plans and specifications which accompanied same. Amendments shall not include substantive changes, modifications, alterations or improvements to the work contemplated within the original permit application and/or plans and specifications which accompanied same. Substantive changes, modifications, alterations or improvements shall require the filing of an original permit application, together with the appropriate fees and supporting documentation prior to the commencement of work thereon. [Amended 5-8-2007 by L.L. No. 3-2007] M. No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have received the approval of a site or topographical map providing for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, except in those instances where the Building Commissioner deems it not necessary due to topography. Said topographical map shall include all factors which are material, i.e., surface drainage, existing structures, future development, elevations of surrounding areas, actual and potential capacities of all stormwater basins and pools and the size thereof. Said topographical survey shall be submitted to the Building Commissioner after the necessary approvals shall have been obtained from the Nassau County Department of Public Works in accordance with the requirements of the General Municipal Law ( 239) if required. N. Minor structures; temporary buildings; tents. Temporary one-story frame buildings on lots whereon buildings are in the course of erection or on adjoining vacant lots, or sales or operating offices in connection with the development of subdivision of property, or platforms, stands, election booths and circus or exhibition tents, intended for temporary use only, may be erected upon permit issued by the Commissioner of Buildings, but not otherwise; but no such permit shall authorize the maintenance of such temporary building or other structure for a period exceeding six months from the date of said permit, unless said permit be renewed by the Commissioner of Buildings from time to time for consecutive periods not exceeding six months. Tents are permitted on a temporary basis under the following conditions. (1) The purpose for such tent is a permitted use in the zoning district. (2) The permit applicant submits plans describing the tent, its location on the property and provisions for vehicular parking. (3) The tent has such provisions for public health and safety as may be required by the circumstances. (4) The Nassau County Fire Marshal has approved the tent. (5) The permit applicant submits an insurance certificate in the minimum amount of $250,000 for bodily injury, naming the Town of North Hempstead as an additional insured for the duration of the tent. (6) The permit applicant submits a consent to removal by the Town and a bond or cash deposit in an amount determined by the Commissioner of Buildings to cover the cost of removal of the tent, if the applicant fails to remove it upon expiration of the permit. (7) A permit may be approved for a maximum of 15 days with an extension, subject to approval of the Commissioner of Buildings, for an additional 15 days. O. Unlawful use. It shall be unlawful to use any temporary structure for any purpose other than that designated in the permit.
P. Removal. Every temporary structure shall be removed at the expiration of the period for which the permit was issued unless such permit is renewed. Q. Upon application for a permit for a temporary structure, in addition to the prescribed fee, a cash deposit shall be required in an amount to be determined by the Building Commissioner, to guarantee the removal of said structure at the expiration of the period for which the permit is issued or, in case of default of the provisions of this section, to be forfeited to the Town of North Hempstead and used to defray the expense of removal of said structure. Such deposit shall be returned to the applicant upon his removal of the structure and compliance with the provisions of this article. R. Temporary buildings other than those mentioned above, which may be permitted in connection with a use permit granted by the Board of Appeals, shall comply with the regulations of the Board of Appeals for such buildings, and shall also be subject to the provisions of Subsection N of this section. S. Alterations and additions. Within the fire limits, no building or structure of frame construction or of unprotected metal construction shall be hereafter extended on any side unless the construction of such extension conforms to the requirements of this chapter for new construction, and provided that the area of the building as extended shall not exceed the allowable area for frame construction. T. Tree removal permits. (1) No person, firm or corporation shall remove any tree or trees on private property without first obtaining a tree removal permit. (a) If the removal of a tree(s) on private property is in connection with another activity for which a permit is required under 2-29A of this Code, a tree removal application as described in this subsection is required. In this section a "tree" is defined as any living woody plant which is six inches or more in diameter at a height of 4 1/2 feet above the base of the trunk, including its root system and the environment within the area defined by the outermost limits of its branches. (b) If the removal of a tree(s) on private property is not in connection with any other activity for which a permit is required under 2-29A of this Code, an applicant is subject to the definitions and tree removal application requirements as described in Chapter 20A. (2) If any such tree removal occurs within the six months prior to the filing of an application for a permit required by 2-9A, the removal of a tree or trees is deemed to have taken place in connection with the permit required by 2-9A. This subsection shall not apply to any tree removal that occurred within the six-month period prior to the effective date of this subsection. (3) In addition to the information required by 2-9B of this Code, an application for a tree removal permit shall also include the following information: (a) The name and address of the applicant and status of legal entity. (b) The status of the applicant with respect to the land. (c) Written consent of the owner or owners of the land, if the applicant is not the owner or sole owner. (d) The location of the property, including the section, lot and block number and street address. (e) The reason tree removal is sought.
(f) The condition of each tree with respect to disease and danger of falling. (g) A description of the size and type of each tree to be removed, including common name and/or botanical name. (h) Such other information as may reasonably be required by the Building Commissioner to establish compliance with this section, including, but not limited to, the following: [1] A signed statement from a New York State certified arborist indicating the health of the tree. [2] An erosion control plan. [3] Photos of each tree to be removed. [4] A survey noting the location of any structures or utilities endangered by the tree. [5] Alternative mitigation if the tree acts as a visual and/or noise barrier to a road or highway. [6] Proposed methods to ensure the protection of remaining trees. A copy of the Tree Standards and Specifications will be provided to the applicant. [7] Flagging of each tree to be removed. (4) In making the determination to grant or deny the application, the Building Commissioner shall be guided by the following criteria: (a) The ability of the applicant to rearrange the layout of proposed structures to minimize the removal of trees. (b) The necessity of removal or alteration of the tree in question. (c) The condition of the tree with respect to disease and danger of falling. In the event that the diseased condition of the tree is not evident, the Building Commissioner maintains the right to require the applicant to submit proof from a New York State certified arborist. (d) The proximity of the tree to proposed or existing structures. (e) Whether the tree endangers the usefulness of a public sewer or public utility. (f) The significance of the tree in regard to: [1] The size of the tree. [2] The rarity of the species. [3] The historical value of the tree. (g) The effect of the removal on: [1] The character of the site with respect to vegetation management practices. [2] Ecological systems. [3] The existing screening of any road or highway bordering the property in question. [4] Erosion control from the parcel on which the tree is to be removed and its impact on adjacent parcels. (h) Whether a denial of the permit will result in unnecessary hardship or severe financial loss to the applicant. (5) Tree replacement guidelines. Each tree removed of a diameter of six inches or greater subject to the tree replacement guidelines enumerated in this subsection. (a) Fifty percent of the total tree diameter removed must be replaced. (b) The tree(s) to be planted in replacement shall be located on the same parcel from which the tree(s) is proposed to be removed. (c) The proposed location of the new tree(s) shall be approved by the Building Commissioner.
(d) The tree(s) to be planted in replacement shall be from a similar size class or from a larger size class as the tree(s) removed. Size classes are enumerated in the Tree Standards and Specifications to be promulgated by the Building Commissioner. (e) If the Building Commissioner determines that the site does not allow for the planting of the required number of trees, the Building Commissioner shall require the applicant to plant the maximum number of trees possible, with any remaining trees to be replaced with shrubbery, provided the plant selection has met his prior approval, as a condition of a tree removal permit. If the site does not permit the planting of shrubs, the Building Commissioner shall require the applicant to pay an additional fee to the Commissioner of Buildings in an amount determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of the required number of trees and/or shrubs. (f) All required tree plantings shall occur between April 1 and December 1 and 90 days after the tree removal. [1] If plantings cannot occur within 90 days of the removal due to the above planting time restrictions, the Commissioner of Buildings may require the applicant to deposit a performance bond or a cash deposit in the form of a certified check with the Commissioner of Buildings in an amount which shall be determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of planting the required number of trees and/or shrubs and, if applicable, stabilizing the site. The term of said deposit or performance bond shall not exceed a period of six months, and the deposit or bond shall not be released until the plantings have been satisfactorily completed in accordance with the approved tree removal permit. [a] In the event of a default, such bond or cash deposit shall be forfeited to the Town Parks Department for additional plantings in Town parks, and the applicant shall be found to be in violation of the conditions of the tree removal permit. The Commissioner of Buildings shall determine the remedy of the violation; however, in no circumstances shall such forfeiture of the bond serve as a remedy of the violation. [b] Upon satisfactory completion of the contemplated work in accordance with the application and this chapter, such bond or cash deposit shall be released by the Commissioner of Buildings. Satisfactory completion of the work shall be evidenced by the Commissioner of Buildings. (6) In the event that the Building Commissioner denies a request for a tree removal permit, the applicant may appeal his decision to the Board of Zoning and Appeals pursuant to 70-225M. (7) No permit will be issued for tree removal unless: (a) The application is accompanied by plans for the development of the land from which such tree is to be removed and of any other land on the same tax lot or lots; or (b) The application demonstrates a serious threat to public health and safety, which can be solved by removal of such tree. Section 3. Chapter 2 entitled AAdministration and Enforcement@of the Town Code, Article I, Section 2-20 is hereby amended as follows: 2-20. Issuance of certificates.
A certificate of occupancy, a certificate of completion or a certificate of approval of plumbing or drainage work shall be issued within a reasonable time after application therefor is made. A final survey must be submitted before a certificate of occupancy or a certificate of completion will be issued; except in instances where a certificate of completion is sought, a final survey shall not be required for interior alterations or renovations that do not alter or change the footprint or the exterior shell of the building or structure, including but not limited to exterior walls and the roof, for which the certificate is sought. Section 4. Chapter 2 entitled AAdministration and Enforcement@of the Town Code, Article I, Section 2-28 is hereby amended as follows: 2-28. Fees. A. All fees required per this section shall be collected by the Building Commissioner, or his authorized designee, and no permits shall be issued by the Building Commissioner until such fees have been paid. [Amended 4-2-2002 by L.L. No. 4-2002; 4-11-2006 by L.L. No. 5-2006; 5-6-2008 by L.L. No. 4-2008] B. The "estimated cost" herein referred to means the amount of money that would ordinarily be expended for good, safe construction in the erection of the complete building or structure exclusive of interior decoration. C. All fees are defined per schedule adopted by Town Board resolution, as amended from time to time. [Amended 10-22-1974 by L.L. No. 9-1974; 7-10-1984 by L.L. No. 6-1984; 3-25- 1986 by L.L. No. 2-1986; 8-21-1990 by L.L. No. 8-1990; 8-13-1991 by L.L. No. 11-1991; 12-13-1994 by L.L. No. 9-1994; 7-16-1996 by L.L. No. 11-1996; 5-18-1999 by L.L. No. 5-1999; 4-2-2002 by L.L. No. 4-2002; 12-13-2005 by L.L. No. 14-2005; 4-11-2006 by L.L. No. 5-2006] (1) Reconciliation Period for Previously Non-Permitted Work. Notwithstanding any existing local law or preceding Town Board resolution to the contrary, all building and plumbing permit applications to maintain construction, changes, alterations, improvements or modifications which had been previously undertaken without the required permit(s) and inspections, and that are submitted to, or pending in, the Building Department, on or after July 2, 2012, through and including December 31, 2013, shall not be subject to the increased penalty fees set forth in the Building Department fee schedule, but rather shall be subject to the regular permit fee for proposed work without imposition of a penalty. This provision shall not effect the disposition of any pending court proceedings relative to code violations. D. The Building Commissioner is authorized to fix by regulation a schedule of square feet and/or cubic feet for buildings or structures of varying types of construction and classes of occupancy to serve as the basis for determining estimated costs. The estimated cost of the
structure shall be determined by the Building Commissioner. [Amended 4-2-2002 by L.L. No. 4-2002] E. The payment of a fee as provided in this section shall in no way relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for inspections, certificates, sewer connections, water taps or other privileges or requirements. F. No fees, as in this section provided, shall be refunded after a permit has been granted by reason of abandonment of the project, revocation of a permit or for willful violation of the provisions of the Building Code. G. Upon the filing of an application for a permit, the following fees shall be charged and collected: [Amended 10-22-1974 by L.L. No. 9-1974; 4-20-1999 by L.L. No. 4-1999; 5-6-2008 by L.L. No. 4-2008] (1) The applicant shall pay an initial nonrefundable application fee of $250, which will be applied to the assessed fee, as later calculated by the Commissioner of the Building Department, or his designee, prior to the issuance of the permit; or (2) Where the Commissioner of the Building Department, or his designee, has determined that the estimated cost of the permit fee will not exceed $250, the applicant shall pay the total estimated cost thereof. Should the actual calculation exceed $250, the applicant shall pay the balance due and owing prior to the issuance of the permit. (3) The fee shall not be refunded if the application for the permit is not approved, unless: (a) The applicant has allowed its time to expire for an appeal to the Board of Zoning and Appeals, or has lost its appeal to the Board of Zoning and Appeals and has allowed its time to expire for commencing an Article 78 proceeding challenging the determination of the Board of Zoning and Appeals; and (b) The applicant provides proof to the Commissioner of Buildings that it is a tax-exempt organization under 501(C)(3) of the United States Internal Revenue Code. Such proof shall consist of either: [1] A ruling from the Internal Revenue Service approving an application on Form 1023; or [2] Documentary proof that the real property to which the application pertains is exempt from taxation on the assessment roll of the County of Nassau. Section 5. Chapter 2 entitled AAdministration and Enforcement@of the Town Code, Article VI, Section 2-116 is hereby amended as follows: 2-116. Broker's responsibility prior to listing. It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, show or otherwise offer for lease, or rent or sale on behalf of the owner any dwelling unit for which a current rental occupancy permit has not been issued by the Code Enforcement Officer. It shall be the broker or agent's duty to verify the existence of a valid permit before acting on behalf of the owner.
Section 6. This Local Law shall take effect immediately upon filing with the Secretary of State.
TOWN OF NORTH HEMPSTEAD LOCAL LAW NO. OF 2012 A LOCAL LAW AMENDING CHAPTER 70 OF THE TOWN CODE, ENTITLED AZONING@ Section 1. Legislative Intent. The Board finds that it is in the best interest of the Town of North Hempstead to make amendments to Chapter 70 entitled AZoning@ in order to remove the word blockfront from code sections related to front yard setbacks so that the minimum front yard depth is the same as the average front yard depth of the existing primary buildings on the same side of the street within the same zoning district; to modify the permissible types of fencing required for outdoor pools; to codify that fences must be erected and maintained on the property for which the permit or certificate was issued; to make amendments to provisions related to nonconforming uses and buildings and damaged buildings; and to make such other amendments as deemed necessary. Section 2. Chapter 70 entitled AZoning@of the Town Code, Article II, Section 70-10 is hereby amended as follows: 70-10. Front yard. A. There shall be a front yard, the depth of which shall be not less than 40 feet from the front property line. B. On a corner lot a front yard shall be required on each street. The front yard on the narrower street frontage shall be not less than 40 feet in depth and the other front yard shall be not less than 35 feet in depth, and, if the street frontages are equal, a minimum front yard of 40 feet shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 350 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 40 feet, whichever is greater. No front yard shall be required to have a depth greater than 60 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. [Added 1-3-2006 by L.L. No. 1-2006] Section 3. Chapter 70 entitled AZoning@of the Town Code, Article III, Section 70-20 is hereby amended as follows: 70-20. Front yard. A. There shall be a front yard, the depth of which shall be not less than 35 feet from the front property line.
B. On a corner lot, a front yard shall be required on each street. The front yard on the narrower street frontage shall be not less than 35 feet in depth, and the other front yard shall be not less than 30 feet in depth, and, if the street frontages are equal, a minimum front yard of 35 feet shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 300 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 35 feet, whichever is greater. No front yard shall be required to have a depth greater than 50 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. [Added 1-3-2006 by L.L. No. 1-2006] Section 4. Chapter 70 entitled AZoning@of the Town Code, Article IV, Section 70-30 is hereby amended as follows: 70-30. Front yard. A. Unless the main building on the lot is controlled by 70-30C, there shall be a front yard, the depth of which shall be not less than 35 feet from the front property line. [Amended 1-3-2006 by L.L. No. 1-2006] B. On a corner lot, a front yard shall be required on each street and, unless the building is controlled by 70-30C, the front yard on the narrower street frontage shall be not less than 35 feet in depth and the other front yard shall be not less than 30 feet in depth: and if the street frontages are equal, a minimum front yard of 35 feet shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 200 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 35 feet, whichever is greater. No front yard shall be required to have a depth greater than 50 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. [Amended 4-28- 1987 by L.L. No. 10-1987] Section 5. Chapter 70 entitled AZoning@of the Town Code, Article V, Section 70-40 is hereby amended as follows: 70-40. Front yard. A. Unless the main building on the lot is controlled by 70-40C, there shall be a front yard, the depth of which shall be not less than 30 feet from the front property line. B. On a corner lot, a front yard shall be required on each street and, unless the building is controlled by 70-40C, the front yard on the narrower street frontage shall be not less
than 30 feet in depth and the other front yard shall be not less than 25 feet in depth; and if the street frontages are equal, a minimum front yard of 30 feet shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 200 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 30 feet, whichever is greater. No front yard shall be required to have a depth greater than 45 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. [Amended 4-28-1987 by L.L. No. 10-1987] Section 6. Chapter 70 entitled AZoning@of the Town Code, Article VI, Section 70-50 is hereby amended as follows: 70-50. Front yard. A. Unless the main building on the lot is controlled by 70-50C, there shall be a front yard, the depth of which shall be not less than 25 feet from the front property line. [Amended 1-3-2006 by L.L. No. 1-2006] B. On a corner lot, a front yard shall be required on each street and, unless the building is controlled by 70-50C, the front yard on the narrower street frontage shall be not less than 25 feet in depth and the other front yard shall be not less than 20 feet in depth; and if the street frontages are equal, a minimum front yard of 25 feet shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 200 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 25 feet, whichever is greater. No front yard shall be required to have a depth greater than 40 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. [Amended 4-28-1987 by L.L. No. 10-1987] Section 7. Chapter 70 entitled AZoning@of the Town Code, Article VII, Section 70-61 is hereby amended as follows: 70-61. Front yard. A. Unless the main building on the lot is controlled by 70-61C, there shall be a front yard, the depth of which shall be not less than 25 feet. B. On a corner lot, a front yard shall be required on each street and, unless the building is controlled by 70-61C, the front yard on the narrower street frontage shall be not less than 25 feet in depth and the other front yard shall be not less than 20 feet in depth; and if
the street frontages are equal, a minimum front yard of 25 feet shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 200 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 25 feet, whichever is greater. No front yard shall be required to have a depth greater than 40 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. [Amended 4-28-1987 by L.L. No. 10-1987] Section 8. Chapter 70 entitled AZoning@of the Town Code, Article VIII, Section 70-69 is hereby amended as follows: 70-69. Plot area or density of population for senior citizen facilities. [Amended 6-8-1999 by L.L. No. 7-1999] A. No multiple dwelling shall contain more than 24 apartments to house 24 families on a site of less than one acre. B. The minimum lot area for multiple dwellings shall be 1,500 square feet per family. C. Where a multiple dwelling, senior citizen facility or nursing home is erected on a lot abutting a residence district of higher classification, a minimum side and/or rear yard of 25 feet abutting said district will be required, which shall be landscaped and maintained in accordance with 70-203G and H. D. Buildings containing the following senior citizen facilities and nursing homes shall be constructed on lots containing the following area dimensions: Type of Facility Minimum Lot Size (square feet) Minimum Lot Width (feet) Minimum Front Setback to Structures (feet) Maximum Density (units/acre) Senior independent living 40,000 100 25 25 Senior congregate living 40,000 100 25 32 Senior assisted living 40,000 100 25 38 Nursing home 1 acre 100 25 50 beds/acre Senior day care 20,000 100 25 N.A. E. For buildings containing more than one senior citizen facility, a composite total of 32 units per acre shall be permitted, with each use assessed at the following rate: Type of Facility Equivalent Unit
Senior independent living 1.25 Senior congregate living 1.00 Senior assisted living.85 F. A 25% density bonus shall be available for senior independent-living facilities where such units are made available as affordable senior citizen facilities. Section 9. Chapter 70 entitled AZoning@of the Town Code, Article VIII, Section 70-75 is hereby amended as follows: 70-75. Front yard. A. Unless the main building on the lot is controlled by 70-75C, there shall be a front yard, the depth of which shall not be less than 25 feet. B. On a corner lot, a front yard shall be required on each street and, unless the building is controlled by 70-75C, the front yard on the narrower street frontage shall be not less than 25 feet in depth, and the other front yard shall be not less than 20 feet in depth: and if the street frontages are equal, a minimum front yard of 25 feet in depth shall be required on each street front. C. The minimum front yard depth shall be the same as the average front yard depth of the existing primary buildings within 200 feet on each side of the lot on the same side of the street or and within the same blockfront and zoning district or 25 feet, whichever is greater. No front yard shall be required to have a depth greater than 40 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard. Section 10. Chapter 70 entitled AZoning@of the Town Code, Article XI, Section 70-100.2 is hereby amended as follows: 70-100.2. Accessory structures. [Amended 12-3-1985 by L.L. No. 12-1985; 4-28-1987 by L.L. No. 10-1987; 7-9-1991 by L.L. No. 10-1991] A. Fencing within residence districts shall: [Amended 5-7-1996 by L.L. No. 6-1996] (1) Not, if in existence under a Town permit on May 7, 1996, be affected by the following provisions of this subsection, except that if repairs to more than 50% of such a fence are required, the repaired fence shall comply with this subsection. (2) Not be located, at any point, in the area between a public or private street and the nearest effective building line. For the purposes of this subsection only:
(a) The term "building line" shall mean a straight line continuing the line established by an exterior wall of a residential structure to the point where it intersects a property line; (b) The term "effective building line": [1] In the case of a lot having frontage on only one street, shall not include that portion of a building line which lies between the residential structure and the street. [2] In the case of a lot having frontage on two or more intersecting streets shall include all of the building line. (c) The term "exterior wall" does not include the side of an entranceway or a porch; (3) Be constructed with the dressed side facing the street or adjacent property. (4) Not exceed four feet in height, except that: (a) A six-foot fence shall be permitted: [Amended 1-26-1999 by L.L. No. 2-1999] [1] Where a residential district immediately abuts a business or industrial district. [2] Where a residential property immediately abuts a road maintained by the State of New York or by Nassau County and the main entrance of the dwelling on said residential property does not face the said road. [3] Where a residential property immediately abuts property dedicated as parkland by the State of New York, by the County of Nassau, by the Town of North Hempstead, by one of the Town of North Hempstead's park districts or by an incorporated village, or where a residential property abuts a Nassau County recharge basin. [Amended 1-25-2011 by L.L. No. 1-2011] [4] In connection with a swimming pool when required by 70-102C. [Added 1-25-2011 by L.L. No. 1-2011] [5] Along the rear property line. [Added 1-25-2011 by L.L. No. 1-2011] (b) A five-foot fence shall be permitted along the side property lines but in no case shall it extend forward of the front building line. [Amended 1-25-2011 by L.L. No. 1-2011] (c) These provisions shall not apply to hedges, privets, trees or other shrubbery which are not limited in height, except as provided in 70-203C. [Amended 1-25-2011 by L.L. No. 1-2011] (5) Be erected and maintained on the property for which the permit or certificate was issued. (6) Not be constructed in easements where periodic access for maintenance or drainage precludes blocking.
B. Dangerous fencing. (1) In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in 70-100.2B(2). (2) Barbed wire or electric fences. (a) A fence which is seven feet high with a barbed wire, razor wire or spiked top or an electric shock fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it may be permitted in the industrial districts, upon issuance of a conditional use permit by the Board of Zoning and Appeals: [1] Where it can be demonstrated that the fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons. [2] Where, in the Board's opinion, other reasons are presented which, in the general community interests or interests of national safety, justify the need for such a fence. (b) Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 25 feet. C. (Reserved) D. Stationary outdoor fireplaces shall be at least 10 feet distant from side and rear property lines and shall not exceed five feet in height. E. Pools shall not exceed two feet in depth, except when in compliance with the provisions of 70-102C(2)(b), and no such pools shall be constructed, except in compliance with the regulations of the Nassau County Department of Health and unless provided with a drain or outlet to permit the same to be emptied. F. Pergolas shall not exceed 10 feet in height. G. Portable sheds shall not exceed 100 square feet and shall be located only in the rear yard not less than three feet from any property line. H. No accessory structure or building shall be erected upon the premises for the purpose of containing air-conditioning equipment, ventilating fans and appurtenances thereto; such airconditioning equipment, ventilating fans and appurtenant equipment shall be contained within the confines of the main building or upon the roof thereof. In the alternative, a central airconditioning unit of five tons or less may be installed when the outer face of the unit is not less than five feet from the side and rear property lines and when such installation has a certified sound-level rating at the adjoining property line not exceeding 25 to 35 decibels. [Amended 10-5-2010 by L.L. No. 12-2010; 12-14-2010 by L.L. No. 17-2010] I. Other accessory structures not mentioned herein shall be located in accordance with the requirements for accessory buildings as provided in 70-100.1A to G. J. Parabolic satellite dish antennas with a diameter greater than three feet, designed to receive or transmit signals from space satellites, shall be deemed accessory structures for the purposes of this section. Provisions of 70-100.1C, D and E shall apply to the installation of use
of dish antennas. In addition, the following provisions shall further limit and regulate the installation and use of dish antennas: (1) Dish antennas shall only be permitted in rear yards; there shall be no more than one dish antenna per plot. (2) Subject to the provisions of 70-100.1A, a dish antenna shall not occupy more than 20% of the rear yard in which it is situated; no part of the dish antenna shall be located any closer than 10 feet to the side or rear lot line or any closer to said line than the distance which is equal to the height of the antenna plus six feet, whichever is greater. (3) No part of the dish antenna, except for footings, foundations or buried wire, shall be located below ground level; the natural grade of the ground shall not be raised for the purpose of installing a dish antenna. (4) Dish antennas shall be screened from adjoining lots and roadways by a completely planted visual barrier consisting of evergreen plantings, the height of which, after planting, is at least equal to the height of the dish antennas. Section 11. Chapter 70 entitled AZoning@of the Town Code, Article XI, Section 70-102 is hereby amended as follows: 70-102. Outdoor pools. [Amended 8-12-1980 by L.L. No. 10-1980; 4-28-1987 by L.L. No. 10-1987] A. Outdoor pools, as defined in Subsection B of this section, may be installed in any district where permitted only as an accessory structure to a residence for the private families and guests or as accessory to a nursery school or day camp, provided that the approval of the Nassau County Department of Health is first obtained and, further, only in conformity with the provisions of this section. B. "Outdoor pool" shall, for the purpose of this chapter, be construed to mean a swimming pool, tank, depression or excavation in any material, dike or berm which is constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 24 inches (hereinafter referred to as a "pool") or having a larger plane surface area of water greater than 100 square feet. [Amended 7-9-1991 by L.L. No. 10-1991] C. No swimming pool shall be installed or maintained as authorized in the preceding subsections except on the following conditions: (1) Such pool shall be installed in the rear yard of the premises. (2) Anything in this chapter to the contrary notwithstanding, there shall be erected and maintained a six foot high good quality solid wood, solid vinyl, vertical wrought iron fence or similar product with spacing no more then four inches apart, or similar product, six feet in height, with the finished side facing the adjoining properties and the street. No pool fencing shall extend forward of the rear building lines of the dwelling. Such fence
shall only be installed after obtaining the necessary permits.[amended 7-9-1991 by L.L. No. 10-1991; 4-1-1997 by L.L. No. 8-1997; 5-18-2010 by L.L. No. 5-2010] (a) The fence enclosing the pool shall comply with the following; [1] The fence shall be at least six feet in height and shall have a maximum vertical clearance to grade of two inches. [2] The fence shall be constructed so as not to provide footholds. [3] Vertical members shall extend above the upper horizontal bar. [4] A wall of a dwelling is permitted to serve as part of the enclosure, in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code (9 NYCRR Part 720). [5] The enclosure is permitted only within the rear yard and may include equipment accessory to pool use. [6] The fence shall fully comply with the New York State Uniform Fire Prevention and Building Code with regard to openings and member spacing. (b) Exemptions. [1] Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the fencing requirements of Subsection C(2)(a)[1] through [5], provided that their access ladders or steps shall be capable of being secured, locked or removed to prevent access. [2] Aboveground pools, hot tubs and whirlpools having a height of less than 46 inches or having a plane area less than 100 square feet shall have a protective cover and a latching device. (3) Gates or doors. All gates or doors must be equipped with a self-closing, self-latching device located on the inside of the gate or door. Such gate or door must be securely closed and locked at all times when not in actual use. (4) Such pool area, combined with all other accessory structures, shall not exceed 40% of the area of the rear yard. (5) Setbacks. [Amended 7-9-1991 by L.L. No. 10-1991; 4-1-1997 by L.L. No. 8-1997] (a) An inground swimming pool and any mechanical equipment shall be no closer to the rear and side property lines than 10 feet or the minimum side yard setback requirements for a residential structure in a residential district, whichever is the more restrictive. (b) An aboveground pool and any mechanical equipment, as described in '_70-102C(2)(b), shall be no closer to the rear and side property lines than the minimum side yard setback requirement for the residential district in which the premises is located. (6) If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. (7) If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool, and that supply shall be equipped with an approved backflow device. (8) Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.