The Board of Trustees of the Village of Kings Point

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PLEASE TAKE NOTICE

The Board of Trustees of the Village of Kings Point will hold public hearings at 8:15 p.m., on Thursday, September 12, 2019, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bills 7 and 8 of 2019, which read as follows:

1. Bill 7 of 2019, A local law amending § 161-25, Visual obstructions, in Chapter 161, Zoning, of the Code of the Village of Kings Point.

Be it enacted by the Board of Trustees of the Village of Kings Point.

Section 1. § 161-25, Visual obstructions, of Chapter 161, Zoning, of the Code of the Village of Kings Point, is hereby amended to read as follows:

§ 161-25. Visual obstructions.

No wall, fence, or other structure shall be erected, altered, or maintained, and no hedge, tree, shrub, or other growth shall be planted or maintained, which may cause danger by obscuring the view of vehicles to vehicular traffic travelling on or coming onto a street from another street or driveway.  The word ‘street’ as used herein shall include all public roads and all private roads serving three or more properties.

Section 2.  Effective date.  This local law shall take effect immediately.

2.  Bill 8 of 2019, a local law amending § 117-2.1, Building Construction Sites, in Chapter 117, Property Maintenance, of the Code of the Village of Kings Point.

Section 1.  § 117-2.1, Building Construction Sites, in Chapter 117, Property Maintenance, of the Code of the Village of Kings Point, is hereby amended to read as follows:

‘§ 117-2.1.  Building Construction Sites.    

A. Purpose; definitions.

(1) Building construction sites shall be maintained in conformity with the provisions of this chapter and all applicable laws to assure reasonable safeguards to protect the safety, health, and property of Village residents and the general public; and to protect roads and waterways from sediment transport created by stormwater runoff from construction sites.  It shall be the obligation of the owners, residents, and all contractors and individuals working at a site to abide by the provisions of this section to keep the premises in a clean and safe condition and to take all required and other reasonable actions to prevent erosion and damage to any neighboring property, including, but not limited to waterways.

(2) For the purposes of this chapter, the following terms shall have the meanings indicated:

BUILDING CONSTRUCTION SITE – Any premises within the Village that is undergoing an improvement.

EROSION – The movement of soil particles by the action of water, wind, ice, or other geological agents.

IMPROVEMENT – All work including, but not limited to the construction and/or installation of new structures, additions, alterations, utilities, repairs, appliances, equipment, landscaping, demolition, excavation, and any other disturbance of existing stabilized soil, other than a disturbance of the soil which, in the opinion of the Superintendent, is de minimis.

RECEPTACLES – A dumpster, cart, pail, or other container used for the storage and/or transport of refuse.

REFUSE: Includes garbage, newspapers, and refuse, as such terms are defined in § 94-10 of this Code, and, for clarity, including, but not limited to materials used in building and other construction

RIGHT-OF-WAY – The area between the paved portion of a road and the property line of the property adjoining that road.

ROADS – All public roads and all private roads serving three or more properties

SUBJECT PREMISES – The premises where the improvements are taking place.

SUPERINTENDENT – The Superintendent of the Village Building Department or such Superintendent’s designated building inspector.

B. Building Construction Site Maintenance.

1. No construction materials shall be located on any property other than the subject premises without the prior approval of the owner of that property and the Superintendent.

2. No vehicles, machinery, or other equipment used in conjunction with an improvement shall be parked, standing, or stored other than on the subject premises without the prior approval of the owner of that other property and the Superintendent.  That prohibition includes, but is not limited to all roads.

3. No vehicles, machinery, or other equipment used in conjunction with an improvement shall block any roadways or driveways, damage any property, or drop, by their tires or otherwise, any mud, dirt, sediment, or refuse off the subject premises, or create any hazard or nuisance.

4. Grass and other ground cover on rights-of-way shall remain undisturbed and maintained for the duration of any improvement.

5. The subject premises and all rights-of-way adjoining the subject premises shall be maintained regularly for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow.

6. Tracked heavy machinery shall not be driven on any road or right-of-way.

7. Sufficient access to the subject premises, and to the structures thereon, if any, for fire and emergency vehicles, as determined by the Superintendent, shall be maintained at all times.

8. If access other than an existing driveway is being used for vehicles, machinery, and other equipment in conjunction with an improvement, there shall be only one entrance for such access.  The entrance shall be protected from erosion by placement of a recessed entry pad. The minimum size of the entry pad shall be 20 feet wide by 40 feet long and 12 inches deep, and be made of crushed stone on top of filter fabric, as approved by the Superintendent.

9. If access by an existing driveway is being used for vehicles, machinery, and other equipment in conjunction with an improvement, such access shall be protected by a crushed stone entry pad, as approved by the Superintendent.

10. Roads and rights-of-way shall be cleaned each time a vehicle, machinery, or other equipment exits the subject premises if it drops mud, dirt, sediment, or refuse onto a road or right-of-way.

11. Refuse shall not be stored in piles on the subject premises or any other property.

12. All refuse shall be placed immediately in receptacles.

13. All receptacles shall be securely covered at all times during the hours that construction work is not being conducted.  Receptacles shall not be allowed to overflow and shall be changed or emptied with sufficient regularity to prevent their overflowing or inability to be covered.

14. All receptacles shall be subject to the approval of the Superintendent to assure that they may be maintained in accordance with this section.

15. Refuse shall not be permitted, allowed, or tolerated to be scattered on the subject premises or any other property.

16. Any lightweight debris such as, but not limited to papers, cups, disposal food wrappings, plates, and utensils, shall not be permitted to blow and spread about the subject premises or other property, including, but not limited to roads, rights-of-way, neighboring properties, wetlands, and waterways.  Sufficiently strong and tightly closed plastic refuse bags shall be used to contain lightweight debris.

17. By 6:00 p.m. each night, until 8:00 a.m. the following morning, or such later time when construction may legally commence, there shall be no refuse on the subject premises that is not properly contained as required by this section and/or Chapter 94 of this Code, or in some other manner, as approved by the Superintendent, which is sufficient to prevent the blowing or other spread of such refuse, reduce the visual adverse impact of such refuse, and reduce the possibility of rodent and insect infestation as a result of such refuse.

18. All of the trees on the subject premises for which a permit would be required for their removal by Chapter 147 of this Code shall be protected by a 4-foot high barrier that extends to the dripline of the tree’s branches. The use of any crane, excavator, machinery, or other equipment shall not be permitted, allowed, or tolerated to cause damage to any such tree.

19. No mud, dirt, sediment, or other refuse shall be allowed, permitted, or tolerated to erode, flow, blow, or be dumped onto neighboring properties. The foregoing shall not apply to the natural falling and blowing of leaves.

20. The subject premises shall be protected at all times from erosion onto other properties, including, but not limited to roads, wetlands, and waterways by use of Best Management Practice Methods as required by all applicable laws, but, in any event, by no less than the placement and the maintenance in good condition of continuous rows of salt-hay bales, silt fencing, crushed stone, geotextile fabric, and berms to the satisfaction of the Superintendent.  Stockpiles of extra fill shall be protected with erosion control or removed from the subject premises as necessary in the discretion of the Superintendent.  Erosion control material shall be monitored regularly and immediately after a rain event so that such material is in good and sufficient condition at all times.

21. Construction that will create a disturbed land area of 43,560 sq.ft. (1 Acre) or more shall obtain a SPDES General Permit for Stormwater from the New York State Department of Environmental Conservation. An application shall be filed with the Kings Point Village Clerk.

22. Construction sites shall be protected by a continuous 6-foot chain link fence with black privacy mesh in accordance with Village Code 161-35(H).

All excavations shall be protected with temporary shoring to prevent collapse in accordance with all applicable laws.  All excavations may be required to have safety fencing in addition to the 6-foot chain link fence protecting the construction site at the discretion of the Building Inspector.

23. The subject premises, construction, and building materials shall be secured in the event of an extreme weather event.

24. The subject premises shall receive regular property maintenance during construction. Grass and weeds shall be cut. Leaves shall be raked. Snow shall be removed within 24 hours from the end of each snowfall. Swimming pools shall be pumped, cleaned, and covered as required.

25. The use of recycled concrete aggregate, crushed concrete, or blended recycled concrete is prohibited unless approved by the Superintendent.

26. The installation of Styrofoam stucco, or any similar material in the opinion of the Superintendent, on any building shall require the installation of scaffolding and/or mesh screens as required by the Superintendent to prohibit the blowing of Styrofoam upon or from the subject premises.

27. The subject premises shall have temporary guard rails with a minimum height of 36 inches at all locations where there is a drop in elevation of 30 inches or more in close proximity to any walking surface or grade and at such other locations as deemed reasonable to prevent falling by the Superintendent.

28. All buildings on the subject premises shall be provided with temporary smoke and carbon monoxide alarms as required on each floor level for the duration of construction until permanent smoke and carbon monoxide alarms are installed in accordance with applicable building codes.

29. All buildings on the subject premises shall be provided with portable fire extinguishers on each floor level for the duration of construction.

30. During any period of construction, the owners, residents, and all contractors and individuals working at the subject premises shall comply with such directions and orders of the Superintendent as may be issued to attempt to assure compliance with this section.

C. Enforcement.  The Superintendent shall administer and enforce the provisions of this section.

D. Penalties for offenses.

(1) The penalty provisions of Chapter 116 of this Code, other than § 116-1(A), shall apply.

(2) In lieu of the penalty provisions of § 116-1(A), a violation of any provision of this section shall be punishable by a fine not exceeding $5,000, imprisonment for not more that 15 days, or both such fine and imprisonment.”

Section 2.  Effective date.  This local law shall take effect immediately.

Persons who may suffer from a disability, which would prevent them from participating in said hearing, should notify Gomie Persaud, Village Clerk-Treasurer, at (516) 504-1000 in sufficient time to permit such arrangements to be made to enable such persons to participate in said hearing.

Dated:  Kings Point, New York                

July 30, 2019           

BY ORDER OF THE BOARD OF TRUSTEES VILLAGE OF KINGS POINT        

Gomie Persaud,

Village Clerk-Treasurer

GNN #151686

1x 8/9/2019

#151686

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