[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 Only such provisions of former local laws and ordinances as are omitted from this Village Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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in force by reference therein are hereby repealed from and after the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.
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:
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.
The Board of Zoning Appeals of the Village
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.
The Code of the Village of Sands Point.
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.
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.
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.
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.
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.
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.
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.
An Irrigation System that was installed after the enactment
of Local Law No. 10 of 2021.
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.
The Planning Board of the Village.
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.
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.
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.
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.
A surface drain that collects water, typically stormwater.
A conduit, usually subsurface, for the conveyance of stormwater.
An open excavation or receptacle or reservoir designed to
collect and temporarily store stormwater runoff which may have a surface
discharge or groundwater discharge.
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.
The Incorporated Village of Sands Point.
The Board of Trustees of the Village.
