[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1991 by L.L. No. 9-1991; amended in its entirety 8-27-2024 by L.L. No. 16-2024]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances, and certain resolutions of the Village shall be known collectively as the "Village Code." Wherever reference is made in any of the local laws, ordinances, and resolutions contained in the Village Code to any other local law, ordinance, or resolution appearing in the Village Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Village Code as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Village Code, insofar as they are substantively the same as those of local laws, ordinances, and resolutions in force immediately prior to the enactment of the Village Code by this local law are intended as a continuation of such local laws, ordinances, and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance, or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Village Board, and it is the intention of the Village Board that each such provision contained within the Village Code is hereby reaffirmed as it appears in said Village Code. Only such provisions of former local laws and ordinances as are omitted from this Village Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the Village in force on the date of the adoption of this local law and not contained in the Village Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights, and obligations, which are hereby expressly saved from repeal.
A. 
Any right or liability established, accrued, or incurred under any legislative provision of the Village prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village or any penalty, punishment, or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit, or other proceeding pending, or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village.
D. 
Any franchise, license, right, easement, or privilege heretofore granted or conferred by the Village.
E. 
Any local law or ordinance of the Village providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance, or vacation of any right-of-way, easement, street, road, highway, park, or other public place within the Village or any portion thereof.
F. 
Any local law or ordinance of the Village appropriating money or transferring funds, promising or guaranteeing the payment of money, or authorizing the issuance and delivery of any bond of the Village or other instruments or evidence of the Village's indebtedness.
G. 
Local laws or ordinances authorizing the purchase, sale, lease, or transfer of property, or any lawful contract or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The dedication of property.
J. 
Any legislation relating to salaries.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any legislation adopted subsequent to October 22, 1990.
If any clause, sentence, paragraph, section, article, chapter, or part of this local law or of any local law, ordinance, or resolution included in the Village Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Any and all additions, deletions, amendments, or supplements to any of the local laws, ordinances, and resolutions known collectively as the Village Code or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Village Board to be a part thereof shall be deemed to be incorporated into such Village Code so that reference to the Village Code shall be understood and intended to include such additions, deletions, amendments or supplements. Nothing contained in this local law shall affect the status of any local law, ordinance, or resolution contained herein, and such local laws, ordinances, or resolutions may be amended, deleted, or changed from time to time as the Village Board deems desirable.
It shall be the duty of the Village Clerk to keep up-to-date the published Village Code. All changes in said Village Code and all local laws and resolutions adopted by the Village Board subsequent to the enactment of this local law in such form as to indicate the intention of said Village Board to be a part of said Village Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, or resolutions until such changes, local laws, or resolutions shall be amended to said Village Code.
Any person who, without authorization from the Village, changes or amends, by additions or deletions, any part or portion of the Village Code or who alters or tampers with the Village Code in any manner whatsoever which will cause the legislation of the Village to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $10,000.
A. 
In compiling and preparing the local laws, ordinances, and resolutions for publication as the Village Code, no changes in the meaning or intent of such local laws, ordinances, and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes, and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Village Board that all such changes be adopted as part of the Village Code as if the local laws, ordinances, and resolutions had been previously formally amended to read as such.
B. 
In addition, the following changes, amendments, or revisions are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances, and resolutions as they have been renumbered and appear in the Village Code.)[1]
[1]
Editor's Note: Pursuant to the provisions of § 1-11B, the following sections or articles were added or amended: §§ 26-4, 26-7B, 26-10A(4), 40-4, 40-7B(1), 40-9, 49-2A, 49-17, 52-4, 57-2, 72-8D(1), 79-9, 79-13, 82-3A(14), 84-5, 84-20, 87-2, 91-2, 100-10B(6), 110-5, 116-6, 141-2B, 141-3, 141-4, 141-5, 141-7, Art. II of Ch. 141, 145-2, 145-20A and F(1), 145-29, 145-30, 145-32, 149-5, 159-3, 163-12, 168-38, 168-44, 168-54, 168-61, 168-78, Art. VI of Ch. 168, 172-3, 176-54A, 176-73, 176-75 and 176-76G(2), K and L. A complete description of each change may be found in L.L. No. 9-1991, on file in the office of the Village Clerk.
Wherever in the legislation contained in the Village Code the masculine gender is used, it shall be construed to include the feminine and neuter.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Sands Point, such local law to be entitled "General Provisions, Article I, Adoption of Code."
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
[Adopted 8-27-2024 by L.L. No. 16-2024]
As used throughout in the Village Code and not otherwise defined therein, the following terms shall have the meanings indicated:
Alteration
As applied to a Building or a Structure, any change or rearrangement of the structural parts of a Building or Structure, which shall include changes or rearrangement of the interior and exterior of such Building or Structure; extension on any side or increase in size or height of any such Building or Structure; moving from one location to another. It does not include ordinary repairs.
BZA
The Board of Zoning Appeals of the Village
Catch Basin
A structure used to collect water/stormwater runoff typically connected to a drainage system which functions to collect debris to prevent it from entering the storm system.
Code
The Code of the Village of Sands Point.
Dwelling Unit
A single-family residence, occupied, or to be occupied, by one or more persons living as a family for residential purposes for which a valid Certificate of Occupancy is on file in the Village.
Existing Irrigation System
An Irrigation System that was installed before the enactment of Local Law No. 10 of 2021 and that is operating without a permit, whether automatic or manually operated.
Historic District
Any area that contains places, sites, Structures, or buildings that have a special character and ambience of historic, architectural, or aesthetic interest and that represent one or more periods or Styles of Architecture of an era of history and that cause such area to constitute a distinct and identifiable district.
Historic Structure
Any premises, Structure, or portion of a Structure of historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage, or cultural characteristics of the Village, town, county, state, or nation.
Irrigation System
An underground, aboveground, or grade-level system, whether automatic or manually operated, that allows or provides a means to apply controlled amounts of water to land for irrigation.
Major Structural Alteration
Any Alteration of all, or part of, a Building or Structure which equals or exceeds 40% of the square footage of the gross floor area of the Building or Structure as originally constructed, or as last modified pursuant to site plan approval.
Minor Structural Alteration
Any Alteration of all, or part of a Building or Structure, less than 40% of the square footage of the gross floor area of the Building or Structure as originally constructed or as last modified pursuant to site plan approval.
New Irrigation System
An Irrigation System that was installed after the enactment of Local Law No. 10 of 2021.
Owner
Any individual, partnership, company, corporation, association, firm, organization, administration, department, institutional organization, or any other group of individuals or any person or employee thereof that owns, occupies, manages, controls, or submits an application to the Village regarding real property in the Village.
Planning Board
The Planning Board of the Village.
Private Road
Every road, lane, street, way, alley, or place which has not been dedicated to the Village and is not shown on a filed subdivision map or on the official Village map.
Private Street
Every road, lane, street, way, alley, or place which has not been dedicated to the Village and appears on a filed subdivision map, or on the official Village map.
Rent
A payment in money, property, or other valuable consideration (including payment in kind, in services, or of other thing of value), for use and occupancy or the right to the use and occupancy of a Dwelling Unit, whether or not a legal or contractual relationship of landlord and tenant exists between the Owner and the occupant or occupants thereof.
Rental Occupancy
The occupancy or use of a Dwelling Unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay Rent for such occupancy and use. For purposes of this law, there is a rebuttable presumption that any occupancy or use of a Dwelling Unit is a "Rental Occupancy" if the Owner of the building containing the Dwelling Unit does not reside in the same building.
Storm Drain
A surface drain that collects water, typically stormwater.
Storm Sewer
A conduit, usually subsurface, for the conveyance of stormwater.
Stormwater Detention Basin
An open excavation or receptacle or reservoir designed to collect and temporarily store stormwater runoff which may have a surface discharge or groundwater discharge.
Stormwater Recharge Basin
An open excavation designed to collect and temporarily store stormwater runoff and promote infiltration through permeable soil at the bottom and sides of the excavation, to help control flooding and to provide replenishment of water to an aquifer.
Village
The Incorporated Village of Sands Point.
Village Board
The Board of Trustees of the Village.