LEGAL NOTICE
The Board of Trustees of the Village of Kings Point will hold public hearings at 5:00 p.m., on January 25, 2021, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with
respect to Bills 15, 16, 17, 18G, and 19 of 2020, which read, substantially, as follows:
1. Bill 15 of 2020, A local law amending the Code of the Village of Kings Point with regard to prohibited noise.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. Subdivision 1, of subsection B, of ß106-1, Prohibited actions; enumeration, of chapter 106, Noise, of the Code of the Village of Kings Point, is hereby amended, to read as follows:
ìThe use or operation of any radio receiving set, television set, musical instrument, phonograph or sound amplifier, air conditioner, fan, lawn sprinkler or other similar mechanical device in such
manner as to create any sound or noise exceeding 85 decibels at the adjoining property line.î
Section 2. Effective date. This local law shall take effect immediately.
2. Bill 16 of 2020, A local law amending the Code of the Village of Kings Point with regard to gates for gatehouses.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. Paragraph e, of subdivision 3, of subsection E, of ß161-8, Permitted uses, of Article III, A2 Residence Districts, of chapter 161, Zoning, of the Code of the Village of Kings Point, is
hereby deleted.
Section 2. Effective date. This local law shall take effect immediately.
3. Bill 17 of 2020, A local law amending the Code of the Village of Kings Point to regulate the use of drones.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. The Code of the Village of Kings Point, is hereby amended by adding a new chapter, Chapter 69, Drones, to read as follows:
ìCHAPTER 69
ß 69-1. Definitions. DRONES
The following words shall, for the purposes of this chapter, have the meanings herein indicated:
DRONE ñ An unmanned aerial vehicle weighing not more than 55 pounds.
GOVERMENTAL AUTHORITY ñ Any federal or state government, agency, department, or administration, with jurisdiction to supersede this chapter.
MUNICIPALITY ñ A municipality, other than the Village, including the special districts of such municipality.
PRIVATE PROPERTY ñ Property not owned by the Village or municipality.
ß 69-2. Prohibitions.
A. No person shall fly a drone at an altitude of less than 300 feet over any property owned by or leased to the Village, without the permission of the Village.
B. No person shall fly a drone at an altitude of less than 300 feet over any property owned by or leased to a municipality, without the permission of an
owner or lessee of that property.
C. No person shall fly a drone at an altitude of less than 300 feet over private property, without the permission of an owner or lessee of that property.
D. No person who owns a drone shall allow, permit, or tolerate another person to fly that drone in violation subsections A, B, or C or this section.
ß 69-3. Affirmative defenses.
A. It shall be an affirmative defense that, at the time of the alleged offense, an owner or lessee of the property over which the drone was flown had given permission to the operator of the
drone to fly over its property.
B. It shall be an affirmative defense that, at the time of the alleged offense, a Governmental Authority had granted the operator of the drone the right to fly over the property.
C. In the event that a court finds that a credible witness testifies that based upon such witnessí observations, the drone was at an altitude of less than 300 feet, it shall be an affirmative
defense that the drone was at an altitude of 300 feet or more.î
ß 69-4. Severability.
If any part of this chapter is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.î
Section 3. Effective date. This local law shall take effect immediately.
4. Bill 18G of 2020, A local law amending the Code of the Village of Kings Point with regard to fees to remove and the replacement of trees.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. The definition of ìSpecimen Treeî in ß 147-2, Definitions, of Chapter 147, Trees, of the Code of the Village of Kings Point, is amended to read as follows:
ìSPECIMEN TREE – Any living, woody plant of the following species, if said plant shall have a height which is twelve feet or more above the ground at the base of the plant:
A. Deciduous trees:
B. Evergreen trees:
Section 2. ß 147-5, Fees, of said Chapter 147, is amended to read as follows:
ìThe application fee herein shall be established from time to time by resolution of the Board of Trustees. The fee shall be paid upon submission of the application and shall not be refundable.î
Section 2. Subsection A, of ß 147-6, Removal of trees or specimen trees, of said Chapter 147, is hereby amended and a new subsection C is hereby added, to read, respectively, as follows:
ìA. Private property. Any tree growing on real property which constitutes a danger to persons or property, including, but not limited to in any way endangering the usefulness of a public sewer
or utility lines or which by reason of infestation or blight endangers other trees in the Village, shall be removed or the habit thereof altered by the owner of said real property as directed by
the Superintendent. In the event that the property owner fails to comply with the directive of the Superintendent within the time specified by him, the Village may then take the action
directed by the Superintendent and assess the cost thereof against the property owner. The directive from the Superintendent shall be in writing, shall clearly state the source of the danger,
the action to be taken, the date by which such action must be taken and shall be served on the owner of the real property personally or by certified or registered mail, return receipt
requested, addressed to said owner at the last address for said owner on the tax records of the Village. If served by mail, the notice shall be deemed received three days after the notice is
deposited in a depository maintained by the United States Postal Service.î
ìC. Any tree removed shall be removed to grade.î
Section 3. Subsections C and D of ß 147-7, Replacement, of said Chapter 147, are hereby amended and new subsections H and I are hereby added, to read, respectively, as follows:
ìC. The maximum number of replacement trees shall be equal to the total inches in diameter (DBH) of all of the trees to be replaced, measured at a point four feet six inches above the ground
at the lowest point of the base of the tree, as determined by the Superintendent, plus ten percent. 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 6î 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. In the event that a tree has been so substantially altered that the Superintendent cannot accurately determine such
total diameter, the Superintendent shall estimate such total diameter based upon such information as the Superintendent may have. Replacement trees shall be documented as part of a
submittal for tree permit approval.î
ìD. The Superintendent may require fewer replacement trees than otherwise required by this section. However, except as provided in subsections H and I, in no event shall the minimum
number of replacement trees be fewer than one tree of 3 inch caliper or more per tree removed regardless of size. In determining that requirement, the Superintendent may consider:
(1) The health of the tree being replaced.
(2) The species of the tree being replaced. As examples, but not limited to, if the species:
(a) was invasive, such as Ailanthus, Norway Maple, Black Locust, and Mulberry; or
(b) a nuisance that caused staining from fruit or sap, such as Mulberry, Black Cherry, and Pine.
(3) The number, health, and location of other trees on the real property affected.
(4) The ability to allow sun to reach solar panels, pools, and play areas.
(5) The removal was of a tree that by its size or otherwise presented a medium to high risk of personal injury or property damage, including, but not limited to damage to subsurface
facilities and foundations.
(6) The requirements or suggestions of any previous approval granted by any Village board.
ìH. In the event that the Superintendent determines that a tree to be removed is dead, dying, diseased, dangerous, invasive, infested, or causing or threatening to cause damage to a structures
or other facility, such as, but not limited to, power lines and and subsurface pipes, the Superintendent is authorized to waive the requirement for replacement trees. The Superintendent
may require the person requesting the removal of a tree based upon this subsection to provide a certified arborist or other professionalís certification of the need or other basis for the
removal of the tree.î
ìI. In the event that the Superintendent determines that it is not feasible to plant any or all of the replacement trees required in accordance with the provisions of this section, the person
responsible for the planting of those replacement trees shall pay to the Village a sum equal to what would have been the cost of purchasing and planting the replacement trees. Such sum
shall be as set forth from time to time by resolution of the Board of Trustees.î
Section 4. ß 147-8, Protection of Trees, of said Chapter 147, is hereby to read as follows:
ìAll trees on property on which demolition, excavation, grading, or construction activity is conducted shall be guarded with a substantial fence at all times when any of said activities are taking
place. The fence shall be at least four feet high and shall completely enclose the trunk of the tree at a distance from the trunk equal to the greater of one foot for each one inch of the treeís
diameter at a point 4-foot 6-inches (DBH) above grade at the base of the tree, or four feet. On application of the owner or the ownerís agent the Building Inspector may waive the necessity of the
fence for one or more trees where he finds that distance, existing natural features or man-made structures afford adequate protection for such tree or trees. No person shall conduct any
demolition, excavation, grading or construction activity on a property without erecting and maintaining thereon the fences above required.î
Section 5. Effective date. This local law shall take effect immediately.
5. Bill 19 of 2020, A local law amending the Code of the Village of Kings Point to require dogs to be vaccinated to prevent the spread of rabies.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. Chapter 48, Animals, of the Code of the Village of Kings Point, is amended by adding a new ß 48-5, to read as follows:
ìß 48-5. Rabies vaccination required; exceptions.
A. Any person owning, possessing, harboring, or walking a dog four months of age or over in the Village shall be required to have the dog vaccinated to prevent the spread of rabies.
B. It shall be prima facie proof that a dog was not vaccinated if it is not wearing a collar with a tag indicating that the dog was vaccinated within the immediately preceding three years.
C. It shall be an affirmative defense that:
(1) The dog is less than four months old.
(2) The dog was vaccinated within the immediately preceding three years.
(3) The dog was vaccinated with a vaccine that was effective for a period longer than three years and the vaccination was within that longer effective period
(4) The dog was brought into the Village for a period of less than 15 days
(5) The dogís health would be adversely affected by a rabies vaccination, as certified by a written statement by a veterinarian duly licensed by the state of New York.î
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 BY ORDER OF THE BOARD OF TRUSTEES
January 7, 2021 VILLAGE OF KINGS POINT
Gomie Persaud, Village Clerk-Treasurer
