PLEASE TAKE NOTICE
The Board of Trustees of the Village of Kings Point will hold public hearings at 6:00 p.m., on Tuesday, September 20, 2022, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bills 15A, 16, 17A, 18, 19, 20, 21A, 22 and 23C of 2022, which read, respectively, as follows:1. Bill 15A of 2022, a local law creating a Community Benefit Enhancement Committee for the Village of Kings Point.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. †Article VIII, Community Benefit Fund, of Chapter 137, Subdivision of Land, of the Code of the Village of Kings Point, is hereby amended by adding a new ß 137-37 to read as follows:ìß 137-37. †Community Benefit Enhancement Committee.A. The purpose of the Community Benefit Enhancement Committee, sometimes hereinafter referred to as the “CBEC”, shall be to advise the Board of Trustees on the landscaping, beautification, maintenance, safety, and overall improvements and enhancements of the Village that could be improved with the funds collected in the Community Benefit Fund.B. There is hereby created a Community Benefit Enhancement Committee, consisting of five to seven members to be appointed for terms of one year by the Mayor, subject to the approval of the Board of Trustees.C. The Chairperson of the CBEC shall be appointed for a term of one year by the Mayor, subject to the approval of the Board of Trustees.D. The CBEC shall hold meetings from time to time as called by the Chairperson, or, in the absence of the Chairperson, by such person as shall be appointed from time to time by either the Chairperson or the Mayor to act as a temporary Chairperson during the absence of the Chairperson. †Those meetings shall be open to the public.E. The sole power of the CBEC shall be to advise the Board of Trustees from time to time on the landscaping, beautification, maintenance, safety, and overall improvements and enhancements of the Village that could be improved with the funds collected in the Community Benefit Fund.îSection 2. †Effective date. †This local law shall take effect immediately.2. Bill 16 of 2022, a local law amending the application requirements for rental occupancy permits within the Village of Kings Point.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. †Subdivision 6, of subsection A, of ß 122-5, Application for rental permit, of Chapter 122, Rental Dwelling Unit Registration, of the Code of the Village of Kings Point, is hereby amended to read as follows:ì6. †A certification that the dwelling unit:(a) is equipped with the required number and placement of properly functioning smoke detector devices and carbon monoxide alarms in compliance with the New York State Uniform Fire Prevention and Building Code; and(b) is in compliance with all other Village, Nassau County, New York State, and other relevant municipal codes; andvalid certificates of occupancy or compliance have been issued for all structures, equipment, and other work as may be required for the dwelling unit by the Village Code.îSection 2. †Effective date. †This local law shall take effect immediately.3. Bill 17A of 2022, a local law amending the notice requirements for permit applications for off-shore structures within the Village of Kings Point.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. †Subsection F, of ß 161-50.3, Application process for permit for construction or maintenance; filing fees and deposits, of Article VIII, Off-Shore Structures, of Chapter 161, Zoning, of the Code of the Village of Kings Point, is hereby amended to read as follows:ìF. The applicant shall file a radius map showing all properties along the shoreline within 400 feet of the property together with a list of the names and addresses of the owners of those properties as provided in Chapter 25 hereof and send notice to those property owners and file an affidavit and proof of providing such notice to all as provided in said Chapter 25.îSection 2. †Effective date. †This local law shall take effect immediately.4. Bill 18 of 2022, a local law amending the Penalties for offenses provisions 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. †Subdivision 3, of subsection A, of 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:ì(3) In a manner not permitted by or not in accordance or in violation of a decision, resolution, or other directive from the VillageÃs Planning Board, Board of Appeals, Architectural and Preliminary Architectural and Preliminary Site Review Board, Board of Trustees, or Landmark Preservation Commission.îSection 2. †Effective date. †This local law shall take effect immediately.5. Bill 19 of 2022, a local law amending the provisions of the Code of the Village of Kings Point with regard to rental permits.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. †ß 122-1, Legislative Intent, of Chapter 122, Rental Dwelling Unit Registration, of the Code of the Village of Kings Point, is hereby amended, to read as follows:ìß 122-1. †Legislative intent.The intent of this chapter is to attempt to protect the bucolic nature of the Village and the peace and quiet of its residents from unreasonable noise and traffic, and to provide that all rental dwelling units are safe, that necessary information is provided to the Village for essential communications between emergency responders and tenants in the event of an emergency, to prevent illegal rentals, and to prohibit the rental of accessory facilities or other portions of the premises separate and apart from the dwelling itself.îSection 2. ß 122-2, Definitions, of said Chapter 122, is amended to add the definition of accessory facilities, to read as follows:ìACCESSORY FACILITIES ñ accessory structures such as, but not limited to, swimming pools, tennis courts, basketball and other sports courts, garages, guest houses, and the vacant grounds of the premises, or, as to a vacant lot, all or any part of the premises.îSection 3. ß 122-3, of said Chapter 122, is amended, to read as follows:ìß 122-3. †Applicability and prohibitionsA. This chapter shall apply to all rentals of property not used by the United States government or a department thereof, a public school district, or a special district of the Town of North Hempstead.B. The issuance of any permit pursuant to this chapter does not make legal any use that is otherwise illegal under any other applicable law.C. Rentals may only be made to one or more individuals who compromise all or a part of the family, as ìfamilyî is defined in ß 161-3 of this chapter, which will be occupying the premises during the rental period.D. No rental permit shall be for less than one consecutive thirty-day period and, if there are non-consecutive periods, each period shall be for not less than thirty consecutive days.E. No rental permit shall be for the use of a premises that is not improved with a legal family dwelling.F. No rental permit shall be for the use of one or more accessory facilities if it does not include the dwelling.G. In the event that this section causes a severe and substantial financial hardship to any property owner, an application may be made in writing to the Board of Trustees requesting an exemption from the provisions of this section. †After due notice to all property owners within 800 feet of the subject premises and a public hearing on such application, the Board of Trustees may grant such exemption and impose any conditions as may be deemed reasonable or necessary. †No exemption shall be granted pursuant to this section, except upon a determination in the sole discretion of the Board of Trustees that severe and substantial financial hardship exists as a result of the application of the provisions of this section and the granting of the application will not have a significant adverse impact on the surrounding properties.î6. Section 4. †Effective date. †This local law shall take effect immediately.5. †Bill 20 of 2022, A local law amending the definition of ìfamilyî 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. †The definition of Family, in ß 161-3, Definitions, of Chapter 161, Zoning, of the Code of the Village of Kings Point is hereby amended, to read as follows:ìFAMILY – Persons occupying a dwelling unit and living together as a family unit. It shall be presumptive evidence that more than four persons living in a single dwelling unit who are not related by blood, marriage, domestic partnership, or legal adoption do not constitute a family unit.A. In determining whether individuals are living together as a family unit, the following criteria must be present:(1) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;(2) The group shares expenses for food, rent or ownership costs, utilities and other household expenses;(3) The group is permanent and stable. Evidence of such permanency and stability may include:(a) The presence of minor dependent children regularly residing in the household who are enrolled in a local school;(b) Members of the household having the same address for the purposes of voter registration, driver’s license, motor vehicle registration and filing of taxes;(c) Members of the household are employed in the area;(d) The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;(e) Common ownership of the furniture and appliances among the members of the household; and(f) The group is not transient or temporary in nature;(4) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.B. A fraternity or sorority will not be considered the functional equivalent of a family.îSection 2. †Effective date. †This local law shall take effect immediately.7. Bill 21A of 2022, a local law amending the provisions of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point with regard to inspections and expired building permits.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. †Subsections A, B, C, D, E, and F, of ß 84-16, Inspections; Issuance of certificates, of chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point, are hereby redesignated as subsections B, C, D, E, F, and G, respectively, and a new subsection A is hereby added to said ß 84-16, to read as follows:ìA. The VillageÃs Superintendent of the Building Department, Building Inspectors, and Assistants to a Building Inspector shall have the right to inspect the premises and all of the buildings thereon from the time a building permit is issued until the required certificate pursuant to this chapter is issued confirming the satisfactory completion of such work or the work has been abandoned and the required action to be taken pursuant to this chapter upon such abandonment, if any, has been completed to the satisfaction of the VillageÃs Superintendent of the Building Department. †The foregoing shall not include the right to inspect any building for which work was not authorized by such permit.îSection 2. Said chapter 84, Fire Prevention and Building Construction, is hereby further amended, to add a new section, ß 84-13.1, read as follows:ìß 84-13.1. †Expired Permits; violation.A. It is a violation of this chapter when a building permit has expired and has not been extended and the work for which such permit was issued required that a certificate confirming to the satisfaction of the VillageÃs Superintendent of the Building Department that such work has been satisfactorily completed and such certificate has not been issued, unless the work has been abandoned and the required action to be taken pursuant to this chapter upon such abandonment, if any, has been completed to the satisfaction of said Superintendent.B. The applicants for such permit and the owners of the subject premises for which such permit was issued all shall be guilty of a violation of this section.îSection 3. †Effective date. †This local law shall take effect immediately.8. Bill 22 of 2022, A local law amending ß161-24, Accessory Buildings, of 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. †ß161-24, Accessory Buildings, of Chapter 161, Zoning, of the Code of the Village of Kings Point, is hereby amended, by adding subsection C, to read:ìC. On any lot with more than one rear yard, notwithstanding the provisions of ß 161-10 of this chapter and subsection A of this section, with the approval of the Architectural and Preliminary Site Review Board, an accessory building may be separated from the main building and any accessory structures attached thereto by less than 10 feet, located less than 10 feet farther back from the front street line than the rearmost portion of the main building, and set back from side and rear lot lines less than the same number of feet as the highest point of the building is above the mean level of the ground surrounding said building.îSection 2. †Effective date. †This local law shall take effect immediately.9. Bill 23C of 2022, A local law limiting applications to the Planning Board of the Village of Kings Point.Be it enacted by the Board of Trustees of the Village of Kings Point.Section 1. †Legislative intent.This Board has found that applicants to the VillageÃs Architectural and Preliminary Site Review Board and Planning Board do not always show the complete foreseeable development of their property when they apply to construct a new dwelling or alter more than 50% of their dwelling, and, after receiving approval from either or both of those boards and have substantially completed their new dwelling or their alterations, they make application to the Planning Board to grade the property differently from what had previously been approved, placing the Planning Board in the position of having to approve a grading that either of those boards might not have approved if it knew the full scope of the proposed development when it approved the application, often resulting in adverse impacts on neighboring properties.Although those board ask the applicants if the plans submitted entail the applicantsà complete plans for the development of their property, whether knowingly or unknowingly, the applicants say yes and then apply to the Planning Board for a grading plan that is different from what had been approved, based upon a development of their property not shown during the prior application.In order to obviate the significant problems that have arisen, this legislation is intended to encourage applicants to those boards to include in their applications their foreseeable development of their property for three years after a certificate of occupancy is issued for their dwelling.Section 2. †Chapter 100, Land Development, of the Code of the Village of Kings Point, is hereby amended by adding a new ß 100-15, to read as follows:ìß 100-15. †Limitation on applications to the Planning Board.A. After a building permit is issued for a dwelling to be constructed or altered by more than 50%, until three years after a certificate of occupancy is issued upon the completion of the work for which that permit was issued, no land development application for a change in grade may be heard by the Planning Board with regard to that property and the property shall not be graded other than substantially as shown on the plans approved by the VillageÃs Architectural and Preliminary Site Review Board and Planning Board, if any, whether or not such change in grade would require Planning Board approval.B. The Board of Trustees, upon an applicantÃs showing of significant and unforeseeable difficulties with regard to the physical development of its property, and not just a change in the applicantÃs desire as how to develop or use its property, may waive the restriction in subsection A hereof and permit the Planning Board to hear the application.C. The fee for an application to the Board of Trustees pursuant to subsection B hereof shall be established from time to time by resolution of the Board of Trustees.îSection 3. †Effective date. This local law shall take effect immediately; but shall not apply with regard to building permits issued prior to September 21, 2022.Dated: Kings Point, New York
BY ORDER OF THE BOARD OF TRUSTEES
August 25, 2022
VILLAGE OF KINGS POINT
Gomie Persaud, Village Clerk-Treasurer
