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

The Island Now

Legal Notice The Board of Trustees of the Village of Kings Point will hold public hearings at 8:00 p.m., on October 22, 2020, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bills 10, 11C, 12, and 13 of 2020, which read, respectively, as follows:1.Bill 10 of 2020, a local law amending the provisions for the enforcement of building construction codes within the Village of Kings Point.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1.§ 3-2. Building construction, of Chapter 3, Appearance Tickets, of the Code of the Village of Kings Point, is hereby amended to read as follows: “§ 3-2. Building construction and public and private property maintenance. The Superintendent of the Building Department, Building Inspector, Deputy Building Inspector, Assistant to the Building Inspector, Superintendent of Public Works, Highway Supervisor, Labor Supervisor, and an employee of the Village authorized, from time to time, by the Superintendent of the Building Department or the Superintendent of Public Works, are hereby authorized to:A.Administer and enforce within the Village of Kings Point the New York State Uniform Fire Prevention and Building Code (sometimes referred to as the “State Building Construction Code”) and other codes, laws, ordinances and regulations of the Village of Kings Point pertaining to the construction, alteration, repair, maintenance, occupancy, demolition, and removal of buildings and other structures and public and private property maintenance and all elements thereof.B.Issue and serve appearance tickets upon a person, where there is reasonable cause to believe such person committed a violation of any of the provisions of said codes, laws, ordinances, rules, or regulations.” Section 2. Effective date. This local law shall take effect immediately.2.Bill 11C of 2020, a local law amending § 84-20, Operating permits, 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. Subsection A, of § 84-20, Operating permits, of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point, is hereby amended to read as follows: “§ 84-20 Operating permits. A.Any person who proposes to conduct any activity listed in paragraphs 1, 2, or 3 below, or to operate any type of building or other structure listed in paragraphs 4, 5, or 6 below shall be required to obtain an operating permit prior to commencing such activity or operation:(1)Manufacturing, storing or handling hazardous materials in quantities exceeding those in tables 5003.1.1(1), (2), (3), or (4) of the 2015 edition of the International Fire Code and incorporated by reference in 19 NYCRR § 1225.1, as such may be amended from time to time;(2)Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;(3)Use of pyrotechnic devices in assembly occupancies;(4)Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and(5)Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution of the Board of Trustees.” Section 2. Effective date. This local law shall take effect immediately.3.Bill 12 of 2020, a local law amending § 116-1, Penalties for offences, of Chapter 116, Penalties and Liability Through Accessorial Conduct, of the Code of the Village of Kings Point to provide for restitution. Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. § 116-1, Penalties for offences, of Chapter 116, Penalties and Liability Through Accessorial Conduct, of the Code of the Village of Kings Point, is hereby amended by re-designating subsections C and D as subsections D and E, respectively, and adding a new subsection C to read as follows: “C. The court shall consider restitution or reparation to the victim of the crime and may require restitution or reparation as part of the sentence imposed upon a person convicted of an offense, as provided and in accordance with § 60.27 of the Penal Law, as such section may be amended from time to time.”Section 2.Effective date. This local law shall take effect 4.Bill 13 of 2020, a local law amending the Code of the Village of Kings Point to provide that board approvals will lapse if not implemented within 3 years.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1.Subsection A of § 100-13, Lapse of approval, of Chapter 100, Land Development, of the Code of the Village of Kings Point, is hereby amended to read as follows: “A.Except as provided in Subsection B hereof, every approval granted by the Planning Board pursuant to the provisions of this chapter shall lapse and be of no further force or effect unless within three years after the meeting in which said approval is granted substantial construction or, if no construction is involved, substantial work pursuant to the approval has been performed.” Section 2. Chapter 137, Subdivision of Land, of said Code, is hereby amended by adding a new § 137-33, Lapse of approval, to read as follows: “§ 137-33. Lapse of approval.A. Except as provided in Subsection C hereof, every approval of a preliminary plat granted by the Planning Board pursuant to the provisions of this chapter shall lapse and be of no further force or effect unless, within three years after the meeting in which said preliminary plat is approved, a final plat is approved.B. Except as provided in Subsection C hereof, every approval of a final plat granted by the Planning Board pursuant to the provisions of this chapter shall lapse and be of no further force or effect unless, within three years after the meeting in which said final plat is approved, there has been compliance with all of the conditions imposed by the Planning Board that were required to be performed within said three years and a separate deed for each of the parcels [for example, if there are three parcels, there must be three deeds], has been recorded in the office of the Nassau County Clerk.C. The Planning Board, for good cause shown, or upon a showing of no change in law or facts upon which the Planning Board would then come to a different conclusion with regard to the subject application, may extend the three-year periods set forth in Subsections A and B, upon written application to it for such extension. In no event, however, shall the Planning Board grant an extension for more than three years beyond the original period hereinabove provided.”Section 3. § 161-58, Lapse of approval, of Chapter 161, Zoning, of said Code, is hereby amended to read as follows: “§ 161-58. Lapse of approval. A. Except as provided in Subsection B hereof, every approval granted by the ARB pursuant to the provisions of this article shall lapse and be of no further force or effect unless within three years after the meeting in which said approval is granted substantial construction has been completed.B. The ARB, for good cause shown, or upon a showing of no change in law or facts upon which the ARB would then come to a different conclusion with regard to the subject application, may extend the time within which such substantial construction must be completed, upon written application to it for such extension. In no event, however, shall the ARB grant an extension for more than three years beyond the original period hereinabove provided. In determining whether good cause exists for such extension, the ARB shall consider, among other things, the nature and extent of the construction and the difficulties tending to delay construction.” Section 4.Subdivision 1, of Subsection A, of § 161-65, Lapse of variance, of said Chapter 161, is hereby amended to read as follows: “(1) Substantial construction of the building or other structure or alteration thereof has taken place in accordance with the plans upon which such variance or permit was based within three years after the meeting in which said variance or permit is granted.”Section 5. Effective date. This local law shall take effect immediately. Persons who may suffer from a disability, which would prevent them from participating in said hearings, 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 hearings.Dated:Kings Point, New YorkBY ORDER OF THE BOARD OF TRUSTEESSeptember 18, 2020 VILLAGE OF KINGS POINT Gomie Persaud, Village Clerk-Treasurer

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