[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 11-15-1967 by Ord. No. 33. Amendments noted where
applicable.]
GENERAL REFERENCES
Parabolic antennas — See Ch. 51.
Coastal erosion hazard areas — See Ch. 66.
Environmental quality review — See Ch. 75.
Fire prevention and building construction — See Ch. 84.
Flood damage prevention — See Ch. 88.
Freshwater wetlands — See Ch. 91.
Stormwater management and erosion and sediment control — See Ch. 133.
Streets and sidewalks — See Ch. 134.
Subdivision of land — See Ch. 137.
Zoning — See Ch. 161.
[Amended 1-4-1990 by L.L. No. 1-1990]
This chapter is enacted to protect the safety,
health and property of the Village of Kings Point and the safety,
health and property of persons who may be affected by the regrading,
filling or bulkheading of land within the Village.
[Amended 1-4-1990 by L.L. No. 1-1990; 4-14-1994 by L.L. No.
7-1994]
A.
No work shall be performed or commenced for the regrading,
filling or bulkheading of land within the Village, except preliminary
surveying and engineering, unless a complete plan of development of
such land shall have been filed with and approved by the Planning
Board of the Village and a special permit shall have been issued by
the Building Inspector. The following work is hereby exempted from
the provisions of this section:
(1)
Regrading of land which does not change existing contours
of the land by more than two feet within 20 feet of a property line
or by more than six inches within five feet of a property line.
(2)
The placement of not more than 5,000 cubic feet of material which, when placed, will not exceed the contour changes authorized under Subsection A above.[1]
[1]
Editor's Note: Former Subsection B, regarding
the special permit fee, added 12-17-2001 by L.L. No. 3-2001, which
immediately followed this subsection, was repealed 11-27-2007 by L.L.
No. 8-2007.
A.
Such development plan shall be comprehensive and fully
engineered and shall show:
(1)
All the property owned or controlled by the applicant
and all adjacent property within 400 feet of applicant's property.
(2)
All creeks, streams, waterways, drains, drainage facilities
existing and proposed and all topographical features.
(3)
All proposed streets, bulkheads, dikes, jetties, groins,
piers, stormwater drains, the location and type of existing and proposed
sewers and sanitary facilities and the proposed fencing of the area
during the work and any other necessary protective features of the
work.
B.
Where the proposed development would block or change
the location of existing drains, ditches, streams or creeks or interfere
with the runoff of surface or subsurface water from the applicant's
property or any other property, area or street, the plan shall make
adequate provision for the unobstructed flow of such water to tidewater.
C.
It shall also contain accurate contours showing existing
and finished grades.
D.
The plan shall be supported in all its features by
detailed and complete engineering data and accompanied by logs of
test borings made through any soft, silty, clayey or peat soils to
rock or, where there is no rock, into at least five feet of firm,
hard strata of sand, gravel or soils of like character. Such test
borings and the analysis of the borings shall be certified by a professional
soils engineer.
E.
It shall also contain construction data showing in
detail the method by which the applicant intends to comply with the
requirements of this chapter and a time schedule therefor.
F.
It shall also contain such additional data and information
as may be required by the Planning Board of the Village.
[Amended 4-14-1994 by L.L. No. 7-1994]
G.
Every plan for land development submitted to the Planning
Board shall be accompanied by a written application, signed by the
owner of the property which is the subject of the application or the
owner's duly authorized agent, and an application fee established
from time to time by resolution of the Board of Trustees.[1]
[Added 6-21-1994 by L.L. No. 9-1994;
amended 11-27-2007 by L.L. No. 8-2007]
[Amended 4-14-1994 by L.L. No. 7-1994]
The Planning Board may impose conditions to
the approval of any development plan as it may deem necessary to assure
that the development will be carried out in accordance with this chapter,
the Building Zone Ordinance, the Building Code, the Planning Ordinance[1] and any other ordinances, laws, rules and regulations
applicable generally throughout the Village. The Planning Board may
require the owner or developer to furnish a surety bond in form, amount
and content satisfactory to the Board to assure completion of the
work shown on the approved plan within specified time limits and the
performance of any other conditions or requirements that may be imposed.
In addition, the Board may require that a five-year maintenance bond,
satisfactory to the Board in form, amount and content, be furnished
upon the completion and acceptance of the work, which bond shall assure
the replacement or restoration of pavements, curbs, drainage systems,
fill bulkheads, dikes or other work or installations damaged or becoming
defective because of settlement or because of workmanship or use of
inferior materials or from any other cause.
[Amended 4-14-1994 by L.L. No. 7-1994]
The Planning Board may, in its discretion, hold
a public hearing with respect to any plan submitted for its approval,
upon such notice as it may determine, at which hearing the owner or
developer and all persons interested may have an opportunity to be
heard.
All work and materials shall comply with the
requirements of this chapter, including the following:
A.
Filling.
(1)
All fill, regardless of whether the area to be filled
is larger or smaller than 20,000 square feet, shall be clean fill
consisting of sand or gravel or sandy or gravelly soils or material
considered by the Village Engineer as suitable for foundation purposes.
Silts, sandy clays or silty clays, peat and other highly organic swamp
soils, wood or wood products, tree stumps or branches, paper or paper
products, metal cans or containers or other trash, rubbish or garbage
shall not be used. Fill may be either dry or placed by hydraulic means.
(2)
Fill must be graded to a stable elevation to be determined
by the Village Engineer or other person designated by the Planning
Board to ensure proper drainage of the area involved and the surrounding
area and protections against abnormally high tides.
[Amended 4-14-1994 by L.L. No. 7-1994]
(3)
Fill must be planted with beach grass or other vegetation
sufficient to avoid dust in times of heavy wind.
(4)
Hydraulic and dry fill must be transported to the
area without the spilling or depositing of any such fill or other
matter on private property or on the streets or other public places
in the Village. Any such material so spilled or deposited must be
removed immediately and the street or other area cleaned up by the
owner or his contractor, and, if not removed and cleaned up within
48 hours after notice to remove and clean up, the Village may proceed
to remove the same and clean up the street or area at the expense
of the owner of the filled-in land.
(5)
The owner of the filled-in land, as well as the developer
and contractor, shall be responsible for any damage to public or private
property caused by dredging or filling or other work undertaken in
the development of said land.
B.
Shorefront structures.
(1)
Bulkheads, dikes, groins, jetties and piers may be
of steel or other metal of equal durability, wood, poured concrete
or stone. The materials used for and the design in general of such
structures shall be subject to the approval of the Village Engineer
or other person designated by the Planning Board.
[Amended 4-14-1994 by L.L. No. 7-1994]
(2)
No bulkhead, jetty, dike, groin or pier, whether a
part of a general development plan as provided in this chapter or
a separate construction project, shall be constructed unless and until
a building permit therefor has been previously applied for and issued
by the Village.
(3)
The provisions of the Building Code and the Building
Zone Ordinance[1] relating to applications for a building permit, the issuance
of a building permit and the issuance of a certificate of occupancy
shall apply to the construction of all shorefront structures, and
each shall be considered to be a "structure" within the meaning and
definitions of said ordinances.
C.
Stormwater drains and appurtenances. Stormwater drains,
catch basins and appurtenant structures shall be constructed of a
size and so located as to provide adequate drainage, in conformity
with the requirements of the Village Engineer, the Superintendent
of Public Works and any other ordinances, laws, rules and regulations
applicable generally throughout the Village. All stormwater drains
must be of reinforced concrete or cast iron and shall be constructed
on a stabilized bed in conformance with the requirements of the Village
Engineer and the Superintendent of Public Works.
D.
Building requirements. In addition to the requirements
of zoning regulations and other applicable laws and regulations now
or hereafter adopted, every building designed or used for dwelling
purposes shall be constructed at an elevation of the first or ground
floor level as determined and approved by the Village Engineer and
the Building Inspector. All buildings, other than temporary workmen's
shacks, shall be constructed with pile foundations of a size and capacity
approved by the Village Engineer and the Building Inspector, which
shall be driven to a point of resistance that will carry the required
load, unless otherwise permitted by the Planning Board. A request
by the applicant for a variance to the pile foundation requirement
must be supported by a report and analysis of tests conducted by an
approved professional soils engineer attesting that the compaction
of fill and of subsoil will properly support the foundations of the
buildings without piles.
[Amended 4-14-1994 by L.L. No. 7-1994]
[Amended 4-14-1994 by L.L. No. 7-1994]
The Planning Board may impose such additional
requirements as it may deem necessary or proper for the protection
and preservation of the safety, health, comfort and welfare of the
Village or to carry out the purpose of this chapter.
[Amended 4-14-1994 by L.L. No. 7-1994]
The Village Engineer, the Building Inspector
and such other persons as may be designated by the Planning Board
shall have full right of inspection during the progress of the work.
The Village Engineer may cause tests to be made, at the cost and expense
of the developer or builder of the building, of any work or materials
or to determine the nature and bearing capacity of the soil and any
physical condition or other condition as he may deem necessary to
ensure compliance with this chapter and the building regulations of
this Code.[1]
A.
If the Village Engineer shall determine that any work
performed or intended to be performed or any materials used or intended
to be used do not comply with the development plan or the provisions
of this chapter, he may order the work affected by his determination
to be stopped until he is satisfied that the violations have been
corrected.
B.
The developer or builder may appeal, in writing, to
the Planning Board from such order of the Village Engineer, and upon
such appeal, the Planning Board may affirm, modify or reverse the
determination appealed from.
[Amended 4-14-1994 by L.L. No. 7-1994]
[Amended 4-14-1994 by L.L. No. 7-1994]
No building shall be constructed unless and
until a development plan of the filled-in area shall have been approved
by the Planning Board and a building permit issued by the Village
for such building.
[Added 11-29-2006 by L.L. No. 8-2006[2]]
A.
ESTABLISHED GRADE
MEAN GRADE OF A STRUCTURE
Definitions. Unless otherwise expressly stated, the
following words shall, for the purposes of this section, have the
meanings herein indicated:
The grade of the land as of October 1, 2006.
The mean level of the ground along the perimeter of a structure.
B.
Maximum increases in grade.
[Amended 10-25-2012 by L.L. No. 3-2012; 11-23-2020 by L.L. No. 11-2020]
(1)
Structures.
The mean grade of a structure shall not be raised by more than two
feet above the established grade. The grade of any point used to establish
the mean grade of any structure on any parcel shall not be raised
by more than four feet above any existing established grade point.
(2)
Other
areas. In the areas where no new structure is proposed, the grade
of any point on any parcel shall not be raised by more than two feet
above the established grade.
(3)
First
floor elevation. On properties where there is an existing dwelling,
building, or occupiable structure, the first floor elevation shall
not be raised by more than four feet above the existing first floor
elevation.
C.
Waivers. The Planning Board is authorized, but not
required, to grant waivers from the limitations in this section based
upon the following considerations:
[Amended 10-25-2012 by L.L. No. 3-2012]
(1)
The
quantity of fill that will be required to implement the change in
elevation.
(2)
The
impact of trucking the fill to the property upon the Village roads
as to deterioration; congestion; and noise.
(3)
The
impact upon the scenic views of surrounding properties.
(4)
Stormwater
and sediment control.
(5)
Tree
preservation.
(6)
Other
impacts upon the environment.
(7)
The
significant slopes and uneven topography in the established grade.
(8)
On-site
groundwater conditions.
(9)
Flood
elevations established for the property by the Federal Emergency Management
Agency, or similar federal or state body.
D.
Environmental review. An application for a waiver
of the provisions of this section shall be deemed an "unlisted" action
for purposes of state environmental quality review.
E.
The provisions of this section shall not apply to
on-grade terraces attached to a single-family detached dwelling approved
by the Architectural and Preliminary Site Review Board. Notwithstanding
the foregoing, in any application to the Architectural and Preliminary
Site Review Board with regard to on-grade terraces or other changes
in grade that might not otherwise require Planning Board approval,
the Architectural and Preliminary Site Review Board shall have the
right to condition its approval, in whole or in part, upon the approval
of the Planning Board to assure that appropriate stormwater control
measures are implemented so that such changes in grade shall not create
significant adverse impacts upon any adjacent properties, public roads,
and/or waterways and other wetlands.
[Added 11-27-2007 by L.L. No. 9-2007; amended 11-20-2017 by L.L. No.
6-2017]
[1]
Editor's Note: Former § 100-11, Penalties for offenses, was repealed 5-19-2003 by L.L. No. 8-2003. See now Ch. 116, Penalties.
[2]
Editor's Note: This local law also provided:
"This local law shall not effect applications filed with the Village
Planning Board as of the 12th day of October, 2006, whether or not
such applications may subsequently be withdrawn because amendments
thereto render Village Planning Board approval unnecessary, so long
as such applications are not subsequently amended to increase the
amount of fill brought to the site and/or to increase the proposed
elevations set forth on those plans."
[Added 3-3-2007 by L.L. No. 2-2007]
This chapter is remedial and shall be construed
liberally to carry out its stated purpose.
[Added 2-10-2014 by L.L. No. 2-2014]
A.
Except as provided in Subsection B hereof, every approval granted by the Planning Board pursuant to the provisions of this chapter shall lapse and be of no further force or effect unless within three years after the meeting in which said approval is granted substantial construction or, if no construction is involved, substantial work pursuant to the approval has been performed.
[Amended 10-22-2020 by L.L. No. 10-2020]
B.
The Planning
Board, for good cause shown, or upon a showing of no change in law
or facts upon which the Planning Board would then come to a different
conclusion with regard to the subject application, may extend the
time within which such substantial construction or, if no construction
is involved, substantial work must take place, upon written application
to it for such extension. In no event, however, shall the Planning
Board grant an extension for more than three years beyond the original
period hereinabove provided. In determining whether good cause exists
for such extension, the Planning Board shall consider, among other
things, the nature and extent of the construction or work and the
difficulties tending to delay construction or work.
[Added 3-17-2021 by L.L.
No. 6-2021]
A.
Notwithstanding anything to the contrary in this chapter, any person
who seeks to: a) amend a previous decision of the Planning Board that
was granted with regard to this chapter; or b) change a grade that
such person believes will have no adverse impact upon any neighboring
properties or the public by appearance, aesthetics, drainage, or otherwise;
may seek a waiver of the Planning Board's approval in accordance with
the following procedure.
B.
Waiver procedure.
(1)
Such person shall file with the Superintendent of the Building Department
such documents as the Superintendent deems necessary to determine
if there is a reasonable basis to granting the waiver.
(2)
If, in the sole discretion of the Superintendent, there is no reasonable
basis to grant the waiver, the Superintendent shall deny the application.
(3)
If, in the sole discretion of the Superintendent, there may be a
reasonable basis to grant the waiver, the Superintendent shall notify
the Chairman of the Planning Board.
(4)
The Chairman shall then review the documents provided to the Superintendent
and may request any additional documents from the applicant as will
assist in the review of the waiver application.
(5)
If, in the sole discretion of the Chairman, there is not sufficient
reasonable basis to the waiver, the Chairman shall deny the waiver.
(6)
If, in the sole discretion of the Chairman, there may be a reasonable
basis to the waiver, the Chairman shall choose two other members of
the Planning Board to assist in determining the waiver.
(7)
The Chairman and such other members of the Planning Board may, in
their sole discretion, then grant the waiver, grant the waiver in
part, or deny the waiver, and, upon any grant, in whole or in part,
condition such grant upon terms they believe will eliminate, reduce,
or mitigate any adverse impact by such grant.
[Added 9-20-2022 by L.L. No. 23-2022]
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 Village's 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 applicant's showing of significant and unforeseeable difficulties with regard to the physical development of its property, and not just a change in the applicant's 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.
