[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 11-15-1967 by Ord. No. 33. Amendments noted where applicable.]
[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regarding the special permit fee, added 12-17-2001 by L.L. No. 3-2001, which immediately followed this subsection, was repealed 11-27-2007 by L.L. No. 8-2007.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]
[1]
Editor’s Note: See Ch. A162, Fees.
[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.
[1]
Editor's Note: See Ch. 161, Zoning; Ch. 84, Fire Prevention and Building Construction; and Ch. 137, Subdivision of Land.
[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.
[1]
Editor's Note: See Ch. 84, Fire Prevention and Building Construction, and Ch. 161, Zoning.
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]
[1]
Editor's Note: See Ch. 84, Fire Prevention and Building Construction.
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. 
Definitions. Unless otherwise expressly stated, the following words shall, for the purposes of this section, have the meanings herein indicated:
ESTABLISHED GRADE
The grade of the land as of October 1, 2006.
MEAN GRADE OF A STRUCTURE
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]
To the extent applicable, all land development pursuant to this chapter shall conform as well to the provisions of and be consistent with the requirements of Chapter 133 of this Code.[1]
[1]
Editor's Note: See Ch. 133, Stormwater Management and Erosion and Sediment Control.
[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.
[1]
Editor's Note: Former § 100-14, Waivers, adopted 3-17-2021 by L.L. No. 6-2021, was repealed 8-19-2025 by L.L. No. 15-2025. See now Ch. 43, Waivers.
[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.
C. 
The fee for an application to the Board of Trustees pursuant to Subsection B hereof shall be established from time to time by resolution of the Board of Trustees.