In their interpretation and application the
provisions of this chapter shall be held to be the minimum requirements
adopted for the purpose set forth in the Village Law of the State
of New York. It is not intended by this chapter, except as otherwise
specifically provided herein, to repeal, abrogate, annul, or in any
way to impair or interfere with any existing provisions of law or
ordinances or any rules, regulations or permits previously adopted
or issued or which shall be adopted or issued pursuant to any law
relating to the use of buildings or premises; provided, however, that
where this chapter imposes a greater restriction upon the use of buildings
or land or upon the height of buildings, or requires larger yards
or other open spaces than are imposed or required by such existing
provisions of law or ordinances or by such rules, regulations or permits,
the provisions of this chapter shall control.
This chapter, including the Zoning Map, may
from time to time be amended, supplemented, changed, modified or repealed
by the Village Board, in accordance with the provisions of the Village
Law of the State of New York.
[Amended 9-8-2003 by L.L. No. 5-2003]
A.
A person who is a member of the Board of Trustees
of the Village of Port Washington North shall also be eligible for
membership on the Planning Board of the Village of Port Washington
North. However, at any one time, not more than one member of the Planning
Board may be a member of the Board of Trustees.
B.
The Planning Board of the Village of Port Washington
North is hereby empowered to confirm, modify, change, or supplement
the zoning regulations in their application to any plot plan submitted
to it to the extent provided in and in accordance with provisions
of the Village Law of the State of New York.[1]
[1]
Editor's Note: Original Section 4 of this
article, which immediately followed this section, was repealed 3-13-1967.
C.
The composition of the Planning Board shall consist
of seven members.
[Added 7-25-2005 by L.L. No. 5-2005[2]]
[2]
Editor’s Note: this local law also provided
the following:
1. One of the two additional members shall
be first appointed for a single term of approximately six years, ending
contemporaneously with the end of the Village’s 2010/2011 official
year, and the other additional member shall be first appointed for
a single term of approximately seven years, ending contemporaneously
with the end of the Village’s 2011/2012 official year. Thereafter,
either upon reappointment or, if not reappointed, the successors of
each such additional member shall serve for periods of seven years.
2. At the end of the term of each of the five
existing Planning Board members, either upon reappointment or, if
not reappointed, the successors of each such existing member shall
serve for periods of seven years.
D.
The Mayor shall have the power to remove, after public
hearing, any member of the Planning Board who shall fail to attend
three or more consecutive Planning Board meetings, or five or more
Planning Board meetings within any one calendar year.
[Added 7-25-2005 by L.L. No. 5-2005]
No certificate of occupancy shall be issued
by the Superintendent of Building unless it shall appear that at least
one tree for each 30 feet of lot frontage has been planted or will
be planted between the property and curblines between the property
and curblines where no sidewalk exists, and between sidewalk and curblines
where a sidewalk exists, in front of the building or other structure
for which such certificate of occupancy is sought.
Such tree or trees shall be of a caliper of
no less than two inches, and shall be of the variety known as a Pin
oak or such other varieties as shall be accepted from time to time
by resolution of the Board of Trustees. The Board of Trustees also
shall adopt and amend by resolution from time to time specifications
covering the planting and care of the trees installed pursuant to
the provisions of this chapter.
[Amended 4-14-2003 by L.L. No. 1 -2003]
In the event that the applicant for the certificate
of occupancy does not plant said trees aforesaid prior to the issuance
of the certificate of occupancy, he shall furnish to the Building
Superintendent and the Board of Trustees an undertaking in the sum
of $200 for each stick tree to the effect that said tree will be furnished
and planted as required by these sections. In the event that there
is on file with the Village Clerk an approved subdivision covering
a plat of which the premises for which the certificate of occupancy
is sought, no further bond shall be required upon written agreement
from the applicant, that the terms of said bond shall apply and extend
to the planting of the trees required by this chapter.
Notwithstanding, the later passage of title
to the premises for which the certificate of occupancy is sought,
the applicant shall also furnish to the Board of Trustees its agreement
guaranteeing to replace the said tree in the event that said tree
shall not be living at the conclusion of one year from the date of
installation.
A.
The provisions of this chapter may be enforced by any person so authorized pursuant to Chapter 4 of the Village Code.
[Amended 12-8-2003 by L.L. No. 12-2003]
B.
In case any building, signboard, sign or structure
is erected, constructed, reconstructed, altered, repaired, converted,
maintained or used, or any land is used or any hedge, tree, shrub
or other growth is maintained in violation of this chapter or of any
regulations made pursuant hereto, in addition to other remedies provided
by law, any appropriate action or proceeding, whether by legal process
or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such
premises.
C.
A violation of this chapter is punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed 15 days,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed 15 days,
or both. Each day’s continued violation shall constitute a separate
and distinct offense.[1]
[Amended 6-10-1991 by L.L. No. 4-1991; 4-13-2003 by L.L. No. 1 -2003; 12-8-2003 by L.L. No.
12-2003]
[1]
Editor's Note: Original Section 10 of this
article, which immediately followed this subsection, was repealed
3-13-1967.
The Planning and Zoning Ordinance of the Village
of Port Washington North, adopted January 9, 1933, including all amendments
thereto, is hereby repealed.
