LEGAL NOTICE
The Board of Trustees of the Village of Kings Point will hold public hearings at 6:00 p.m., on May 13, 2021, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bills 3A, 4A, 5A, and 6C of 2021, which read, substantially, respectively, as follows:
1. Bill 3A of 2021, a local law to amend Chapter 161, Zoning, of the Code of the Village of Kings Point to regulate Playground Equipment.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. ß 161-3, Definitions, of Chapter 161, Zoning, of the Code of the Village of Kings Point, is hereby amended by adding the definitions of ìPlayground Equipmentî and ìPlayground Equipment Areaî, to read, respectively, as follows:
ìPLAYGROUND EQUIPMENT – Any kind of structure or apparatus on which a person may engage in activities such as playing, climbing, swinging, hanging, sliding, crawling, jumping, or stepping, whether in, over, across, under, through, or upon for enjoyment, exercise. Playground equipment shall include, but not be limited to playhouses, swings, slides, climbing apparatus, treehouses, jungle gyms, trampolines, monkey bars, seesaws, teeter totters, and skateboard ramps. This definition shall not include game courts, tennis courts, swimming pools, or driveways.î
ìPLAYGROUND EQUIPMENT AREA – The land which is occupied by any piece of playground equipment measured to the outermost horizontal extensions of the equipment.î
Section 2. Article V, Provisions Applicable to All Districts, of said Chapter 161, is hereby amended by adding a new ß 11-36.3, Regulation of Playground Equipment, to read as follows:
ìß 161-36.3. Regulation of Playground Equipment.
A. Notwithstanding any of the setback requirements in this chapter, no playground equipment shall be located in a front yard or closer than 20 feet to any side or rear property line.
B. All playground equipment shall be completely screened from adjoining properties by a living screen of coniferous trees. Said trees shall be of a height, when planted, of not less than six feet and shall be planted five feet on centers, and not more than 10 feet away from the playground equipment, on all sides of the equipment. The Building Inspector may waive the requirement for some of the required screening when, and to the extent, in his or her reasonable opinion, the principal building on the premises is in a position to provide a portion of such screening. Said coniferous screening shall consist of Canadian hemlock or an alternate growth of non-deciduous stock, as approved by the Building Inspector, and shall be maintained and/or replaced, as necessary or when otherwise reasonably required by the Building Inspector, so long as the playground equipment remains in existence.
C. No playground equipment shall exceed 12 feet in height.
D. No playground equipment shall be attached to or supported by any trees.
E. If there is more than one playground equipment area, all playground equipment areas, no playground equipment area shall be more than 15 feet from at least one other playground equipment area.
F. The total of all playground equipment areas shall not exceed 500 square feet.î
Section 3. Effective date. This local law shall take effect immediately.
2. Bill 4A of 2021, a local law amending Chapter 147, Trees, of the Code of the Village of Kings Point with regard to replacement trees and penalties.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. Legislative Intent.
Section 2. ß 147-2, Definitions, of Chapter 147, Trees, of The Code of the Village of Kings Point, is hereby amended by adding the definition of ìReplacement Diameterî to read as follows:
ìREPLACEMENT DIAMETER ñ As determined by the Superintendent, is the diameter of a tree measured at a point four feet six inches above the ground at the lowest part of the base of the tree or, if a tree has been so substantially altered that the diameter of the tree cannot be measured at that point, the largest diameter of the remaining portion of the tree below that point. In the event that a tree has been so substantially altered that the diameter of the tree cannot be measured from the tree, the Superintendent shall determine the diameter based upon such other information as the Superintendent finds relevant, such as, but not limited to, the remaining portions of the tree, documents in the Village files, and/or photographs.î
Section 3. Subsection C, Replacement, of ß 147-7, Replacement, of said Chapter 147, is hereby amended to read as follows:
ìC. The maximum number of replacement trees shall be equal to the 110% replacement diameter of all of the trees to be replaced. All replacement trees shall be deciduous specimen trees unless otherwise specified by a Village board. The size of the tree shall be no less than three inches in diameter (measured six inches above grade as per nursery standard). The location where it shall be planted, and the date by when it shall be planted, shall be determined by the Superintendent.î
Section 4. Subparagraph a, of paragraph 1, Penalties, of subsection B, Penalties, of ß147-10, Enforcement; penalties for offenses, said Chapter 147, is hereby amended to read as follows:
ì(a) The following fines:
[1] For a tree with a replacement diameter less than 3 inches, a minimum of $1,500.00 and a maximum of $4,000.00
[2] For a tree with a replacement diameter of 3 inches or more, but less than 6 inches, a minimum of $2,500.00 and a maximum of $5,000.00.
[3] For a tree with a replacement diameter of 6 inches or more, but less than 12 inches, a minimum of $4,000.00 and a maximum of $10,000.00.
[4] For a tree with a replacement diameter of 12 inches or more, a minimum of $7,000.00 and a maximum of $20,000.00.î
Section 5. Effective date. This local law shall take effect immediately.
3. Bill 5A of 2021, a local law amending ß 84-24, Penalties for offenses, of Chapter 84, Fire Prevention and Building Construction, 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. Legislative Intent.
Section 2. ß 84-24, Penalties for offenses, of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point, is hereby amended to read as follows:
ìA. It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy, or maintain any building or other structure or portion thereof:
(1) without or in a manner not permitted by or not in accordance or in violation of a required building permit from the Building Inspector;
(2) without or in a manner not permitted by or not in accordance or in violation of a required a certificate from the Building Inspector;
(3) in a manner not permitted by or not in accordance or in violation a decision, resolution, or other directive from the Villageís Planning Board, Board of Appeals, Architectural and Preliminary Site Review Board, or Landmark Preservation Commission;
(4) in a manner not permitted by or not in accordance or in violation an order, decision, notice, or other directive from the Building Inspector; or
(5) in a manner not permitted by or not in accordance or in violation of any other Applicable Law.
B. A violation of this section shall be punishable by a minimum fine of $2,500 and a maximum fine not exceeding $25,000, and imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.î
Section 3. Effective date. This local law shall take effect immediately.
4. Bill 6C of 2021, a local law to amend Chapter 161, Zoning, of the Code of the Village of Kings Point with regard to greenhouses, fences, and off-shore structures.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. ß 161-3, Definitions, of Chapter 161, Zoning, of the Code of the Village of
Kings Point, is hereby amended as follows:
A. The definition of ëGreenhouseî is added, to read:
ìGREENHOUSE – An accessory structure with walls and roof made of no less than 80% transparent material, such as glass, for the purpose of growing plants requiring regulated climatic conditions.î
B. Subsection B of the definition of ëFloor Areaî, is amended by adding a new subdivision 9, to read:
ì(9) The first 250 square feet of the total of all greenhouses.î
Section 2. Subsection B, Maintenance, of ß 161-35, Fences, of said Chapter 161, is hereby as amended to read as follows:
ìB. Maintenance.
(1) All fences shall be maintained in a sound structural condition and in good repair.
(2) Fences, including legal nonconforming fences, may be replaced in kind within one year after they are removed without obtaining a variance or building permit.î
Section 3. Subsection D, General Standards, of ß 161-50.5, Standards and Regulations, of said Chapter 161, is hereby amended as follows:
A. Subparagraph g, of paragraph 2, All docks shall meet the following criteria, is amended to read:
ì(g) The railing and the elements supporting the railing along such walkway, floats, and/or docks shall be uniformly arranged to occupy not more than 20% of the vertical plane of the railing and the supporting elements, providing substantially an open view through the vertical plane of all the supporting elements of the railing. Railings shall be limited to two horizontal rails with vertical supports spaced at no more than 7 feet and shall be constructed of wood or such other material as may be approved by the Building Inspector.î
B. Subparagraph h, of said paragraph 2, is hereby amended to read:
ì(h) Canopies may not be constructed on off-shore structures.î
Section 4. Subsection F, All dock lighting shall meet the following standards, of said ß 161-50.5, is hereby amended by adding a new paragraph 6, to read as follows:
ì(6) It shall not exceed the 42-inch height limit of the required railing.î
Section 5. ß 161-50.6, Lifts, of said Chapter 161, is hereby amended as follows:
A. Paragraphs 1 and 2 of subsection C are amended to read, respectively:
ì(1) No boat lifted by or placed upon the boat lift shall be longer than 50 feet.î
ì(2) No boat lifted by or placed upon the boat lift shall weigh more than 40,000 pounds.î
B. Subsection E, is hereby amended to read as follows:
ìE. No lift shall be used except between April 1 and November 30.î
Section 6. ß 161-50.7, Maintenance of structures, of said Chapter 161, is hereby amended to read as follows:
ìß 161-50.7. Maintenance of structures and Penalties.
A. All the owners of off-shore structures shall maintain them in structurally sound condition and in good repair so that they will not become a menace to navigation, to persons using them, or to the environment, and will not otherwise present a physical danger or threat of harm to persons or property.
B If an off-shore structure is owned by more than one person, all persons, jointly and severally, shall be responsible for the maintenance of the structure.
C. All of the provisions ß 116-1, Penalties for Offences, of said code shall apply to violations of this section, except that there shall be a minimum fine of $2,500, a maximum fine of $10,000, imprisonment for not more than 15 days, or both such fine and imprisonment.î
Section 7. 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, April 16, 2021,
BY ORDER OF THE BOARD OF TRUSTEES, VILLAGE OF KINGS POINT, Gomie Persaud, Village Clerk-Treasurer