The Board of Trustees of the Village of Kings Point will hold public hearings at 6:00 p.m. on Thursday, July 27, 2023, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024 with respect to Bills 10A, 11, 12A, 13, and 14 of 2023 which read, respectively, as follows: 1. Bill 10A of 2023, a local law amending the Code of the Village of Kings Point with regard to the Powers of the Building Inspector. Be it enacted by the Board of Trustees of the Village of Kings Point. Section 1. Legislative intent. It is the intention of this legislation to inform the residents of the Village about certain powers of the Building Inspector based upon State law that do not appear in the Village Code and to add additional powers to assure the safety of Village residents. Section 2. Subsection B, Duties and Powers, of § 84-4, Building Inspector, of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point is hereby amended by renumbering subdivision 12 as subdivision 15, and to add new subdivisions 12, 13, and 14 to read, respectively, as follows: “(12) to suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.” “(13) to order that a building be vacated and not occupied because such occupancy is unsafe. Such order may provide for occupancy solely for the purpose of identifying the work required to make the occupancy safe and for the purpose of performing the work required to make the occupancy safe, and may require certain work to be performed to protect individuals from entering or being in close proximity to the building while it is unsafe by such actions as, but not limited to, boarding closed all access points to the building and erecting a fence or fences.” “(14) to order that a structure that is not safe because it is not stable or in good condition to be repaired or removed. Such order may require certain work to be performed to protect individuals from being on or in close proximity to the structure while it is unsafe by such actions as, but not limited to, erecting a fence or fences.” Section 3. Effective date. This local law shall take effect immediately. 2. Bill 11 of 2023, a local law amending the Code of the Village of Kings Point to add a new chapter 64, Burning, Outdoor, to read as follows. Be it enacted by the Board of Trustees of the Village of Kings Point.
“Chapter 64 BURNING, OUTDOORS
§ 64-1. Prohibitions. No person shall allow, cause, suffer, permit, or tolerate the burning of rubber goods, mattresses, paper goods, rubbish, wood, leaves, branches, or other vegetation, batteries, casings from batteries, battery boxes, tar paper, insulating material from wire, button nuts, or any other material of any kind, except as set forth in § 64-4. § 64-2. Definitions: As used in this chapter, the following terms shall have the meanings indicated: BARBEQUE – includes and is limited to: A. A temporary portable freestanding structure manufactured for the purpose of cooking food and being used solely for the cooking of food; and B. An outdoor structure designed and being used solely for the purpose of cooking food for which a building permit has been issued and the requisite certificate pursuant to § 84-15, if any, has been issued FIRE PIT – includes and is limited to: A. A temporary portable freestanding structure manufactured for the purpose of providing warmth and/or cooking food and being used solely for the provision of warmth and/or the cooking of food; and B. An outdoor structure intended and used for warmth and/or cooking for which a building permit has been issued and the requisite certificate pursuant to § 84-15, if any, has been issued. § 64-3. Presumptions. There shall be a rebuttable presumption that the owners, lessees, and other adults, if any, in possession of the premises allowed, caused, suffered, permitted, or tolerated the burning. § 64-4. Exceptions and affirmative defenses. A. Exception. The prohibitions in § 64-1 shall not apply to heating and cooking equipment within a building for which a building permit has been issued and the requisite certificate pursuant to § 84-15, if any, has been issued. B. Affirmative Defenses. (1) The burning was in a barbeque being used solely for the purpose of cooking food and burning charcoal, propane, of other material expressly manufactured, treated, or sold for use in a barbeque. (2) The burning was in a fire pit being used for warmth and/or cooking burning untreated wood, charcoal, propane, of other material expressly manufactured, treated, or sold for use in a fire pit.” Section 2. Effective date. This local law shall take effect immediately. 3. Bill 12A of 2023, a local law amending the provisions for maintenance of landscaping after an abandonment of a project and for the revocation of building permits when work is not being diligently prosecuted. Be it enacted by the Board of Trustees of the Village of Kings Point. Section 1. Subdivision 3, of subsection F, of § 84-12, Abandonment of project, of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point, is hereby amended, to read as follows: “(3) Implement a planting and weekly maintenance plan to effectuate an appropriate aesthetic appearance of the uncompleted structures from adjacent properties, public and private. Such planting and weekly maintenance plan shall be subject to the approval of the Village’s Architectural and Preliminary Site Review Board and shall be implemented within 60 days of the abandonment, or as otherwise approved by such Board.” Section 2. Subsection A of § 84-13, of said Chapter 84, is hereby amended by adding a new subdivision 5, to read as follows: “(5) Where he finds that the work performed under the permit is not being diligently prosecuted to completion and is not showing signs of active progress for a period of time greater than six months.” Section 3. Said § 84-13 is hereby further amended by adding a new subsection D, to read as follows: “D. In the event that a permit has been revoked and a new permit for the project has not been granted within three months thereafter, the provisions of § 84-12, Abandonment of project, shall apply.” Section 4. Effective date. This local law shall take effect immediately. 4. Bill 13 of 2023, a local law amending the provisions of the Code of the Village of Kings Point with regard to fees for building permits. Be it enacted by the Board of Trustees of the Village of Kings Point. Section 1. Fees, of Chapter 84, Fire Prevention and Building Construction, of the Code of the Village of Kings Point, is hereby amended, to read as follows: “§ 84-28. Fees. A. Permit Fees. The following fees shall be required for a building permit. (1) A Building Permit fee, which shall be based upon the estimated cost of construction. The estimated cost of construction is defined for the purpose of this section as the amount of money that would ordinarily be expended for good, safe, construction in the erection of the complete building, the alteration of the building, or other structure, as the case may be, in accordance with the then contemporary standards of other new construction within the Village, exclusive of interior decoration. (2) An Infrastructure fee. (3) A Curb Crossing fee. B. All permit fees shall be paid to the Village Administrator. C. The payment of a fee, as provided in this section, shall in no way relieve the applicant, owner, or holder of the permit of the payment of other fees that may be prescribed by applicable law for inspections, certificates, sewer connections, water taps, or other privileges or requirements. D. Upon the filing of an application for a building permit, the applicant shall pay a sum equal to 50% of the Building Department’s estimate of the Building Permit Fee. That sum shall not be refunded if the application for the permit is not approved. E. If the application is approved, the 50% balance of the Building Permit Fee, the Infrastructure Fee, and the Curb Crossing Fee shall be paid prior to the issuance of the building permit. E. No fee, as provided in this section, shall be refunded after a permit has been issued. F. The estimated cost of construction, permit fees, and certificate fees shall be set from time to time by resolution of the Board of Trustees.” Section 2. Effective date. This local law shall take effect immediately. 5. Bill 14 of 2023, a local law amending the residency requirements for certain officer 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 § 35-1, Residency requirements, of Chapter 35, Residency Requirements For Village Officials, of the Code of the Village of Kings Point, is hereby amended to read as follows: “(A) In addition to any other legal requirements or prohibitions, no person shall be eligible to be elected or appointed as mayor, trustee, justice, or member of any board or commission who is not a resident of the Village, except as follow: (1) Two of the Commissioners of the Board of Police Commissioners shall not be required to be residents of the Village so long as such persons are residents of the County of Nassau and such persons have either: (a) previously served on the Commission of the Board of Police Commissioners for at least 10 years; or (b) have at least 15 years of service as a police officer. (2) One member of the Landmarks Preservation Commission shall not be required to be a resident of the Village so long as such person is a resident of County of Nassau.” Section 2. Effective date. This local law shall take effect immediately. Dated: Kings Point, New York BY ORDER OF THE BOARD OF TRUSTEES June 23, 2023 VILLAGE OF KINGS POINT Gomie Persaud, Village Clerk-Treasurer