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.
[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]
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 Only such provisions of former local laws and ordinances as are omitted from this Village Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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local law and not contained in the Village Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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:
Shall include the following and no others: An air-conditioning unit, cabana, detached garage, dock, gazebo, generator, greenhouse, pergola, swimming pool, pool house, shed, or Sports Court, subordinate to the main Building on a lot, used for purposes customarily incidental to those of the main Building, subject to the height, area, setback, and bulk restrictions as set forth in the Village Code.
[Added 9-24-2024 by L.L. No. 17-2024]
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 attachment of, or to attach a Boat or Vessel to, the ground by means of a tackle or anchor, designed so that when such attachment is terminated, the tackle or anchor in its entirety is removed from the ground and taken under control of the vessel.
[Added 9-24-2024 by L.L. No. 17-2024]
Includes every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, and includes, but is not limited to, excursion boats, watercraft, barges, tugs, jet skis, sailboats, motorboats, and tankers, and shall include any aircraft capable and designed to land on the water.
[Added 9-24-2024 by L.L. No. 17-2024]
Includes the person under whose name the Boat or Vessel was last registered with the United States Coast Guard or the New York State Department of Motor Vehicles or under the laws of another state, and in any case the last known owner or the person who claims lawful possession of such Boat or Vessel by virtue of legal title or equitable interest therein which entitles them to such possession.
[Added 9-24-2024 by L.L. No. 17-2024]
The speed of a Boat or Vessel measured in slack water in statute miles.
[Added 9-24-2024 by L.L. No. 17-2024]
Any Structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels.
[Added 9-24-2024 by L.L. No. 17-2024]
A permit issued pursuant to § 176-53 of the Village Code. A Building Permit shall also include a Building Permit which has been renewed, amended, or extended.
[Added 9-24-2024 by L.L. No. 17-2024]
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.
A certificate issued by the Village when work, performed under a permit issued by the Village, is completed and no Certificate of Occupancy is required.
[Added 9-24-2024 by L.L. No. 17-2024]
A certificate issued pursuant to § 176-59.
[Added 9-24-2024 by L.L. No. 17-2024]
Main channels, cross channels connecting with them, basins and bathing areas.[1]
[Added 9-24-2024 by L.L. No. 17-2024]
A pathway on private property serving one home, paved or unpaved, which extends from a portion of that private property and leads directly to a curb cut on an adjacent Public Street or Private Street.
[Added 9-24-2024 by L.L. No. 17-2024; amended 8-26-2025 by L.L. No. 7-2025]
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.
Disability, illness, caregiving responsibilities, inclement weather, travel, or a significant or any other significant or unexpected factor or event which prevents a member of a Public Body from attending a meeting of the Public Body in-person.
[Added 8-26-2025 by L.L. No. 7-2025]
Any open or closed loop system designed and operated for purposes of transferring heat between the ground and a Structure's heating and cooling system via liquid circulating through a system of pipes or tubing.
[Added 10-28-2025 by L.L. No. 11-2025]
The sum of the horizontal areas of the floors of a Building, including interior balconies and mezzanines, but excluding exterior balconies. All horizontal dimensions of each floor are to be measured from the exterior faces of each such floor. Gross Floor Area shall not include the floor area of:
[Added 9-24-2024 by L.L. No. 17-2024]
The interior portion of a Building designed for living, including closet space but not including the outside walls, garrets, Attics, cellars or basements, rooms below grade, attached or built-in garage or storage space, open or enclosed unheated porches, breezeways, or terraces. It shall be limited to mean, on the First Floor, all finished floor area having a clear headroom of 7 1/2 feet or over, including partitions and stairwells; on the upper floors, all finished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet with side walls of not less than 5 1/2 feet in height, including partitions and stairwells. Notwithstanding the definition of "habitable floor area" contained herein, if there shall exist any conflict between this definition of "habitable floor area" and any definition of "habitable floor area" or requirement relating to habitable floor area, usable floor area or the like contained in the Building Code of greater severity than contained in this definition, then such provision of the Building Code shall supersede that part of this definition which is of less severity.
[Added 9-24-2024 by L.L. No. 17-2024]
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.
The office or studio of a Person who is a practitioner of a profession or business that is located within the dwelling that such Person both owns and resides in, provided that such office or studio:
[Added 9-24-2024 by L.L. No. 17-2024]
Is clearly incidental to the Person's use of the premises and is conducted entirely within the dwelling in which the Person resides.
Does not occupy more than 12% of the Gross Floor Area of the dwelling.
Is not advertised by display of goods or advertising.
Does not result in an alteration or exterior feature which would change or modify the residential character or appearance thereof, including the parking of a number of vehicles that is customarily observed in the surrounding neighborhood.
Does not involve the removal of any waste materials other than those permitted within a residential district.
Does not involve the keeping of a stock-in-trade.
The conducting of a clinic, hospital, medical office, dental office, barbershop, beauty parlor, photography studio, tea room, tourist home, real estate sales office, animal hospital, dancing instruction, music instruction in groups, band instrument instruction in groups, sport or fitness training in groups, convalescent home, funeral home, manufacturing use of any kind, retail use of any kind, stores of any kind, or any similar use shall not be deemed to be a Home Occupation.
Does not involve the employ of more than three assistants or employees at the dwelling.
Is not carried on in an Accessory Structure.
Does not involve regularly scheduled appointments with the resident practitioner.
Any vehicle so designed, constructed, reconstructed, or added to by means of portable accessories in such a manner as will permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons and having no foundation other than wheels, jacks, or skirting so arranged as to be integral with or portable by it.
[Added 9-24-2024 by L.L. No. 17-2024]
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.
Construction activity, including, but not limited to, clearing, grading, excavating, soil disturbance, and placement of fill, that results in land disturbance equal to or greater than one acre, or an activity disturbing less than one acre of total land area that is part of a larger common plan of development or sale, which, in the aggregate, results in land disturbance equal to or greater than one acre, even though multiple separate and distinct land development activities may take place at different times or on different schedules.
[Added 9-24-2024 by L.L. No. 17-2024]
The area of a lot upon which the main Building and its accessories are located, measured to the street line only. It shall not include:
[Added 9-24-2024 by L.L. No. 17-2024]
Any Alteration of all, or part of, a Building or Structure which equals or exceeds 50% 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.
[Amended 9-24-2024 by L.L. No. 17-2024; 12-18-2024 by L.L. No. 2-2025]
Any Alteration of all, or part of a Building or Structure, less than 50% 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.
[Amended 9-24-2024 by L.L. No. 17-2024; 12-18-2024 by L.L. No. 2-2025]
The attachment of a Vessel to a pier or dock, or other structure, or the attachment of a Vessel to the ground by means of a tackle or anchor so designed that when such attachment is removed and terminated, some portion of the tackle or anchor remains attached to the ground and is not taken under the control of the Vessel.
[Added 9-24-2024 by L.L. No. 17-2024]
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.
Any individual, partnership, company, corporation, association, entity, firm, organization, administration, department, municipal entity, institutional organization, or any other group of individuals or any person or employee thereof.
[Added 8-26-2025 by L.L. No. 7-2025]
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.
Any excavation, hole, or Structure created by digging, drilling, boring, penetrating into, or driving into the ground, that is used or intended to be used for the extraction of water for any purpose, including but not limited to potable use, irrigation, landscaping, industrial use, or recreational use (including golf course irrigation and maintenance), where such use is not part of a public water supply system supplied by the Village. The term shall include residential, commercial, and institutional wells, whether active or inactive. A Private Well does not include public water supply systems regulated by New York State or wells used exclusively for monitoring or remediation purposes.
[Added 10-28-2025 by L.L. No. 11-2025]
Any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in § 66 of the General Construction Law, or committee or subcommittee or other similar body consisting of members of such public body, or an entity created or appointed to perform a necessary function in the decision-making process for which a quorum is required in order to conduct public business and which consists of two or more members. A necessary function in the decision-making process shall not include the provision of recommendations or guidance which is purely advisory and which does not require further action by the state or agency or department thereof or public corporation as defined in § 66 of the General Construction Law.
[Added 8-26-2025 by L.L. No. 7-2025]
Every road, lane, street, way, or alley open for public travel that is owned and maintained by the Village.
[Added 9-24-2024 by L.L. No. 17-2024]
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.
That portion of a Public Street, Private Street, or Private Road ordinarily used for motor vehicle traffic.
[Added 9-24-2024 by L.L. No. 17-2024]
Every kind of signboard, billboard, and other shape, device, or display arranged, designated, intended, or used as an announcement, advertisement, or direction including informational material, such as a word, text, abbreviation, letter, punctuation mark, trademark symbol, figure, or shape, as well as representation by picture, model, drawing, or similar means, which is visible from any Public Way, including material on or behind a window or glass door, and which informs the viewer about the item, thing, or subject referred to, including its identity or location. The definition of a Sign shall include flags except for the flag of the United States of America.
[Added 9-24-2024 by L.L. No. 17-2024]
A building designed for and occupied exclusively as a home or residence for not more than one family, a family being one housekeeping unit.
[Added 9-24-2024 by L.L. No. 17-2024]
A permit for a Sports Court issued pursuant to § 176-76 of the Village Code.
[Added 8-26-2025 by L.L. No. 7-2025]
A Structure constructed on the ground consisting of a permanent grade-level surface area of whatever consistency to engage in the game of tennis, basketball, pickleball, or other sports. A backstop, if any, consisting of netting, fencing, or similar material and designed to prevent the passage of balls or other playing objects shall be considered to be part of the Sports Court.
[Added 9-24-2024 by L.L. No. 17-2024]
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 Superintendent of the Building Department, the Superintendent of Public Works, a Code Enforcement Officer, or an employee of the Village designated to enforce the provisions of Chapter 121 of the Village Code.
[Added 9-24-2024 by L.L. No. 17-2024]
A type of building permit issued by the Village that authorizes the installation, improvement, paving, repair, or maintenance of any Private Street.
[Added 9-24-2024 by L.L. No. 17-2024]
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.
[Added 9-24-2024 by L.L. No. 17-2024]
Any combination of materials forming any construction and shall include without being limited thereby, among other things, Buildings, stadiums, tents, reviewing stands, platforms, stagings, observation towers, radio towers, gasoline pumps, water pumps and wells, standpipes, outdoor bins, walls, fences, recreation, athletic and play structures set in the ground, swimming pools and their equipment, Sport Courts, pergolas, gates and gate posts, display Signs and antennas. The word "Structure" shall be construed as though followed by the words "or part thereof."
[Added 9-24-2024 by L.L. No. 17-2024]
A stormwater pollution prevention plan.
[Added 9-24-2024 by L.L. No. 17-2024]
A type of temporary certificate of occupancy issued pursuant to § 176-59 of the Village Code.
[Added 9-24-2024 by L.L. No. 17-2024]
A woody perennial plant having a single, usually elongate main stem generally with few or no branches on its lower part.
[Added 9-24-2024 by L.L. No. 17-2024]
Building construction that does not conform to the requirements of a validly issued Building Permit that the Building Department finds to have excess square footage, insufficient setbacks, sky exposure plane encroachments, excess height, or excessive lot coverage, and which thereby constitute violations of the Village Code.
[Added 9-24-2024 by L.L. No. 17-2024]
Includes every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, and includes, but is not limited to, excursion boats, watercraft, barges, tugs, jet skis, sailboats, motorboats, and tankers, and shall include any aircraft capable and designed to land on the water.
[Added 9-24-2024 by L.L. No. 17-2024]
The Incorporated Village of Sands Point.
The Board of Trustees of the Village.
The Code of the Village of Sands Point.
[Added 9-24-2024 by L.L. No. 17-2024]
[1]
Editor's Note: The former definition of "Code," which followed, was repealed 9-24-2024 by L.L. No. 17-2024.