Public Hearing: The Board of Trustees of the Village of Kings Point

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The Board of Trustees of the Village of Kings Point will hold a public hearing at 6:00 p.m., on April 14, 2021, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bill 2E of 2021, which reads as follows:Bill 2E of 2021, a local law to amend Chapter 161, Zoning, of the Code of the Village of Kings Point to regulate Game Courts.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 definition of Game Court, to read as follows:ìGAME COURT – Any outdoor surface, feature, or element, whether pervious, †impervious, a combination thereof, or otherwise, in excess of 100 square feet, in the aggregate, including formed ice, other than grass or other landscaping, which is designed or used, or is intended or susceptible of use, for the playing of basketball, hockey, pickleball, or any other game or games, sport or sports, or hobbies. This definition shall not include tennis courts, swimming pools, or driveways.îSection 2. †Article V, Provisions Applicable to All Districts, of said Chapter 161, is hereby amended by adding a new ß 11-36.2, Regulation of Game Courts, to read as follows:ìß 161-36.2 †Regulation of game courts.A. All game courts shall have surfaces of acrylic emulsions, or such other material as may be approved by the Building Inspector of the Village, upon such documentation as may be reasonably required by the Building Inspector, and produced by the applicant, which shows to the reasonable satisfaction of the Building Inspector, that such material will similarly decrease the noise from the bouncing of balls. All such surfaces shall be free of lead, mercury, asbestos, formaldehyde, and any other hazardous material, as defined by the New York State Department of Environmental Conservation or the United States Environmental Protection Agency. No game courts shall have surfaces of concrete or asphalt.B. Notwithstanding any of the setback requirements in this chapter, no game court shall be located in a front yard or closer than 20 feet to any side or rear property line.C. All game courts 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 game court, on all sides of the court. 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 game court remains in existence.D. The height of the playing surface of the game court shall not be above the existing level of the ground immediately surrounding the game court area prior to construction of the game court, except to permit usual surface drainage.E. No game court shall be so constructed or maintained so as to permit any drainage water to flow onto adjoining properties.F. The use of a game court is prohibited at all times except between 8:00 a.m. and sunset on weekdays, excluding holidays, and except between 9:00 a.m. and sunset on Saturdays, Sundays, and holidays.G. The surface of all game courts shall be green, with either white, black, or green lines for marking the relevant play areas of the court, or such other colors as may be approved by the Architectural Review Board of the Village.H. No game court shall be used for the playing of hockey or any other game in which a puck or other hard object is hit or otherwise caused to be sent in a manner in which it can travel onto or across an adjoining property, public or private, unless such game court is fenced and screened as herein provided:(1) Such fence shall be comprised of black mesh netting supported by black galvanized steel poles. †(2) The size of the mesh shall be too small for the puck or other object being played with on the game court to pass through. †(3) Such fence shall meet the following specifications:(a) The netting shall be knotless 3.5mm polypropylene high tenacity impact/barrier mesh.(b) The fence shall have both top and bottom poles of black galvanized steel tubing, with not less than a two-inch outside dimension.(c) The fence shall have vertical poles, not further than 10 feet apart, of black galvanized steel tubing, with not less than a two-inch outside dimension.(d) The vertical poles shall be set in concrete, in accordance with a plan for the entire fence approved by the Building Inspector, to assure conformity with this section and structural integrity.(e) Notwithstanding any limitations in this chapter to the contrary, such fence shall be 10 feet in height measured along the vertical distance from the top of the proposed fence to the level of the nearest portion of such game court.(f) Such fence shall be immediately adjacent to such game court and shall completely surround the game court except, at the option of the owner of the premises, at such locations facing directly upon the principal dwelling on the lot, so long as, in the opinion of the Building Inspector, the lack of a fence at such location will not reasonably result in a puck or other hard object being caused to be sent from such game court onto or across an adjoining property.(g) The entrance through the fence to the game court shall be at a location that, in the opinion of the Building Inspector, will not reasonably result in a puck or other hard object being caused to be sent through such entrance onto or across an adjoining property; even if such entrance has a gate, since such gate may not always be closed.(h) The Village Architectural Review Board shall review all such fences after they have been erected to determine whether they should be screened in whole or in part from adjacent properties, public and private. In the event that the Architectural Review Board shall require any screening, such screening shall be planted in such manner and within such time period as shall be determined by the Architectural Review Board.(i) Such fence and any plantings that may be required shall be properly maintained, repaired, and replaced, as may be appropriate, in the determination of the Building Inspector.îSection 3. †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: March 25, 2021

BY ORDER OF THE BOARD OF TRUSTEES

Kings Point

VILLAGE OF KINGS POINT

Gomie Persaud, Village Clerk-Treasurer

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