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Village of Munsey Park, NY
Tuesday, March 19, 2019

1. Part I, Administrative Legislation

Chapter 1. General Provisions

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]

Article I. Adoption of Code

[Adopted 10-10-2001 by L.L. No. 2-2001]

§ 1-1. Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the provisions of the 1971 Code and the local laws, ordinances and certain resolutions of the Village of Munsey Park, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 200, together with an Appendix, shall be known collectively as the "Code of the Village of Munsey Park," hereafter termed the "Code." Wherever reference is made in the provisions of the 1971 Code or any of the local laws, ordinances and resolutions contained in the "Code of the Village of Munsey Park" to any other 1971 Code reference or to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such 1971 Code, local law, ordinance or resolution had been formally amended to so read.

§ 1-2. Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of the 1971 Code and the local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such 1971 Code, 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 1971 Code or 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 Board of Trustees of the Village of Munsey Park, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of the 1971 Code and former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3. Repeal of enactments not included in Code.

All provisions of the 1971 Code and of the local laws and ordinances of a general and permanent nature of the Village of Munsey Park in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

§ 1-4. Enactments saved from repeal; matters not affected.

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 of Munsey Park prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Munsey Park 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 of Munsey Park.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Munsey Park.
E. 
Any local law or ordinance of the Village of Munsey Park 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 of Munsey Park or any portion thereof.
F. 
Any local law or ordinance of the Village of Munsey Park appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Munsey Park 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, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.
M. 
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
N. 
Any local law adopted subsequent to 3-15-2001.
O. 
All ordinances and local laws regulating zoning in the Village.
P. 
Any legislation establishing parking and traffic regulations of the Village.
Q. 
All local laws adopted prior to 4-7-1971 and not included in the 1971 Code of Ordinances.
R. 
The Drug and Alcohol Testing Policy adopted 1-10-1996.
S. 
The Emergency Preparedness Plan adopted 12-8-1993.

§ 1-5. Severability.

If any clause, sentence, paragraph, section, article, chapter or part of this local law or of the 1971 Code or any local law, ordinance or resolution included in this 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.

§ 1-6. Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Munsey Park and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Village Clerk of the Village of Munsey Park by impressing thereon the Seal of the Village of Munsey Park, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7. Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Village of Munsey Park" or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. 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 Board of Trustees deems desirable.

§ 1-8. Code book to be kept up-to-date.

It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Munsey Park required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said 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 are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-9. Sale of Code book; supplementation.

Copies of the Code, or any chapter or portion of it, may be purchased from the Village Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-10. Penalties for tampering with Code.

Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Munsey Park or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Munsey Park 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 $250 or imprisonment for a term of not more than 15 days, or both.

§ 1-11. Changes in previously adopted legislation; new provisions.

A. 
In compiling and preparing the 1971 Code and the local laws, ordinances and resolutions for publication as the Code of the Village of Munsey Park, 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 Board of Trustees that all such changes be adopted as part of the Code as if the 1971 Code and the local laws, ordinances and resolutions had been previously formally amended to read as such.
B. 
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof 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 Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added/deleted) 10-10-2001 by L.L. No. 2-2001." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C. 
Nomenclature. Throughout the Code, references to the "State Board of Equalization and Assessment" are revised to read "State Board of Real Property Services."

§ 1-12. Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Munsey Park, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.

§ 1-13. When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Article II. Penalties

[Adopted 10-10-2001 by L.L. No. 2-2001; amended in its entirety 12-8-2010 by L.L. No. 3-2010]

§ 1-14. Penalties for offenses.

Unless another penalty is specifically provided, any person, firm or corporation who or which shall violate any of the provisions of the Code of the Village of Munsey Park shall, upon conviction, be punishable as follows:
A. 
For a first offense, by a fine of not more than $2,000 or imprisonment for not more than 15 days, or both.
B. 
For a second offense, by a fine of not more than $5,000 or imprisonment for not more than 15 days, or both.
C. 
For a third offense, by a fine of not more than $10,000 or imprisonment for not more than 15 days, or both.
D. 
Each week's continued violation shall constitute a separate additional violation.

Chapter 5. Appearance Tickets

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 2-8-1983 by L.L. No. 1-1983 (Sec. G117 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
Protective restrictions — See Ch. 141.
Zoning — See Ch. 200.

§ 5-1. Authorization.

[Amended 10-10-2001 by L.L. No. 2-2001; 2-8-2006 by L.L. No. 1-2006]
In addition to any other provisions for the enforcement of the general ordinances, protective restrictions, zoning ordinances, building code, and local laws of the Village of Munsey Park, the Mayor, the Trustees, the Building Inspector, the Village Clerk, the Deputy Village Clerk, and such other person as may be hereafter designated by the Board of Trustees as a compliance officer are each hereby authorized to issue appearance tickets for appearances in the Village Court pertaining to enforcement of the general ordinances, protective restrictions, zoning ordinances, building code and local laws of the Village, and the Cesspool Inspectors are hereby authorized to issue appearance tickets for appearances in the Village Court pertaining to enforcement of the Building Code of the Village and of the New York State Uniform Fire Prevention and Building Code regarding cesspools.[1]
[1]
Editor's Note: See Ch. 87, Building Construction and Fire Prevention.

§ 5-2. Verification of information.

The information to be filed with the Court relating to the offense for which an appearance ticket is issued shall be sworn to in the following manner:
A. 
Before the Village Clerk if the appearance ticket is issued by any officer designated in § 5-1 except the Village Clerk.
B. 
Before the Village Justice if the appearance ticket is issued by the Village Clerk.

Chapter 8. Assessments

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 162.

Article I. Termination of Assessing Unit

[Adopted by L.L. No. 7-1985, effective 11-13-1985]

§ 8-1. Legislative intent.

It is the intent of the Board of Trustees of the Village of Munsey Park to implement § 1402, Subdivision 3, of the Real Property Tax Law providing for the voluntary termination of the status of the Village as an assessing unit, as now provided in the Village Law and the Real Property Tax Law. It is also the intent of said Board to abolish the Board of Assessors in the Village and to terminate any and all responsibility as provided by law for the review of the assessment of real property located within the Village.

§ 8-2. Cessation of assessing unit.

On or after the effective date of this article the Village shall cease to be an assessing unit.

§ 8-3. Board of Assessors abolished.

The Board of Assessors in the Village is hereby abolished.

§ 8-4. Board of Assessment Review abolished.

The Board of Assessment Review in the Village is hereby abolished.

§ 8-5. County assessment roll.

On or after the effective date of this article real property taxes in the Village shall be levied according to a copy of the applicable part of the assessment roll of the County of Nassau, with the taxable status date of said county controlling for Village purposes.

§ 8-6. Filing.

Within five days of the effective date of this article the Board of Trustees of the Village shall cause to be filed a copy of such article with the County Clerk and the Board of Assessors of the County of Nassau and with the State Board of Real Property Services.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 8-7. When effective; permissive referendum.

This article shall take effect immediately upon filing with the Secretary of State, provided, however, that such local law is subject to a permissive referendum and the Village Clerk is directed to forthwith proceed to give notice of such fact and conduct such referendum if required by petition as provided by law.

Chapter 17. Defense and Indemnification

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 2-10-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 27.
Officers and employees — See Ch. 50.

§ 17-1. Findings; purpose.

It is considered that the government of the Village will be best served, and will attract qualified and competent persons to serve the Village in various elective and appointive capacities, if persons in the Village service can feel secure that in the proper performance of their duties and services they are free from personal jeopardy in the event of civil actions or proceedings being brought against them relating to their services and duties for the Village. It is therefore the purpose and intent of this chapter to confer upon employees of the Village the benefits of § 18 of the Public Officers Law and for the Village to stand liable for all costs incurred under the provisions of such law.

§ 17-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
Any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program or any other person holding a position by election, appointment or employment in the service of the Village, whether or not compensated, including volunteers expressly authorized to participate in a publicly sponsored volunteer program and a former employee, his estate or judicially appointed representative.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 17-3. Provision of defense.

Upon compliance by the employee with § 17-6 of this chapter the Village shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or duties. Such duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the Village.

§ 17-4. Option for private counsel.

Subject to the conditions set forth in § 17-3 of this chapter the employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the Village Attorney or other counsel designated by the Board of Trustees determines that a conflict of interest exists, or whenever a court upon appropriate motion or otherwise by a special proceeding determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice; provided, however, that the Village Attorney or other counsel designated by the Board of Trustees may require, as a condition to payment of fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the Board of Trustees of the Village. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by the court upon motion or by way of a special proceeding. Where the employee delivers process and a written request for a defense to the Village pursuant to § 17-6 of this chapter the Village shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.

§ 17-5. Duty to defend employee acting within scope of public employment.

The Village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment or duties, and provided further that in the case of a settlement the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Board of Trustees. Except as otherwise provided by law the duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. Nothing in this section shall authorize the Village to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties or money recovered from an employee pursuant to § 51 of the General Municipal Law. Upon entry of a final judgment against the employee or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement personally or by certified or registered mail within 30 days of the date of entry or settlement, upon the Village Clerk, and if not inconsistent with the provisions of this section the amount of such judgment or settlement shall be paid by the Village.

§ 17-6. Conditions.

The duty to defend or indemnify and save harmless prescribed by this chapter shall be conditioned upon:
A. 
Delivery by the employee to the Village Attorney or Village Clerk of a written request to provide for his defense together with the original or a copy of any summons, complaint, process, notice, demand or pleading within 10 days after he is served with such document; and
B. 
The full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the Village based upon the same act or omission, and in the prosecution of any appeal.

Chapter 20. Drug and Alcohol Testing

[The Drug and Alcohol Testing Policy of the Village of Munsey Park, adopted 1-10-1996, is on file and available for inspection in the office of the Village Clerk.]

Chapter 24. Emergency Preparedness

[The Emergency Preparedness Plan of the Village of Munsey Park, adopted 12-8-1993, is on file and available for inspection in the office of the Village Clerk.]

Chapter 27. Ethics

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 3-9-2016 by L.L. No. 2-2016.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also superseded former Ch. 27, Ethics, comprised of Art. I, Code of Ethics, adopted 4-7-1971 as § G112 of the 1971 Code, as amended 10-10-2001 by L.L. No. 2-2001, and Art. II, Board of Ethics, adopted 4-7-1971 as § G112 of the 1971 Code.

§ 27-1. Purpose.

Officers and employees of the Village of Munsey Park hold their positions to serve and benefit the public and not to obtain unwarranted personal or private gain in the exercise and performance of their official powers and duties. The Village of Munsey Park recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. This Code of Ethics establishes those standards.

§ 27-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Board of Trustees and any municipal administrative board (e.g., Board Advisory Committee, Board of Appeals, etc.), commission or other agency or body comprised of two or more municipal officers or employees.
CODE
This Code of Ethics.
INTEREST
A direct or indirect financial or material benefit, which shall in all cases exclude any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the Village of Munsey Park or an area of the Village of Munsey Park, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization or public corporation when he or she, his or her spouse, or a member of his or her household is an owner, partner, member, director, officer or employee of the private organization or public corporation or directly or indirectly owns or controls more than 5% of the outstanding stock of the private organization or public corporation.
MUNICIPAL OFFICER OR EMPLOYEE
A paid or unpaid officer or employee of the Village of Munsey Park, including, but not limited to, the members of any municipal board.
MUNICIPALITY
The Village of Munsey Park. The word "municipal" refers to the municipality.
RELATIVE
A spouse, domestic partner, parent, stepparent, sibling, stepsibling, stepsibling's spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee and individuals having any of these relationships to the spouse of the officer or employee.

§ 27-3. Applicability.

This Code of Ethics applies to the officers and employees of the Village of Munsey Park and shall supersede any prior municipal Code of Ethics. The provisions of this Code of Ethics shall apply in addition to all applicable state and local laws relating to conflicts of interest and ethics, including, but not limited to, Article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the Village of Munsey Park.

§ 27-4. Prohibition on use of municipal position for personal or private gain.

No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any organization in which he or she is deemed to have an interest.

§ 27-5. Disclosure of interest in legislation and other matters.

A. 
Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose, in writing, the nature of the interest.
B. 
The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier.
C. 
In the case of a person serving in an elected office, the disclosure shall be filed with the Board of Trustees of the Village of Munsey Park. In all other cases, the disclosure shall be filed with the person's supervisor, or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a municipal board, a copy of the disclosure shall be filed with the board. Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting.

§ 27-6. Treatment of public.

An officer or employee of the Village of Munsey Park shall treat all members of the public, whether a person, firm or corporation or other organization, with respect and in a professional manner, with equal consideration and without special advantage in carrying out his or her official duties.

§ 27-7. Recusal and abstention.

A. 
No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any organization in which he or she is deemed to have an interest.
B. 
In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty, then the following shall apply:
(1) 
If power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or
(2) 
If the power or duty is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy and another person selected by a member of the Board of Trustees; or if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function and another person selected by a member of the Board of Trustees; or
(3) 
If the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.

§ 27-8. Exceptions.

A. 
This code's prohibition on use of a municipal position (§ 27-4), disclosure requirements (§ 27-5), and requirements relating to recusal and abstention (§ 27-7) shall not apply with respect to the following matters:
(1) 
Adoption of the Village of Munsey Park's annual budget.
(2) 
Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups:
(a) 
All municipal officers or employees;
(b) 
All residents or taxpayers of the Village of Munsey Park or an area of the Village of Munsey Park; or
(c) 
The general public.
(3) 
Any matter that does not require the exercise of discretion.
B. 
Recusal and abstention shall not be required with respect to any matter:
(1) 
Which comes before a board when a majority of the board's total membership would otherwise be prohibited from acting by § 27-7 of this code.
(2) 
Which comes before a municipal officer when the officer would be prohibited from acting by § 27-7 of this code and the matter cannot be lawfully delegated to another person, in which case such matter and disposition thereof shall be disclosed publicly by the officer at the next Board of Trustees Meeting.

§ 27-9. Investments in conflict with official duties.

A. 
No municipal officer or employee may acquire the following investments:
(1) 
Investments that can be reasonably expected to require more than sporadic recusal and abstention under § 27-7 of this code; or
(2) 
Investments that would otherwise impair the person's independence of judgment in the exercise or performance of his or her official powers and duties; or
(3) 
Investments from any Village of Munsey Park auction if the employee or officer is in the position to negotiate, prepare, authorize or approve the contract for the sale upon which he or she is bidding.
B. 
This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets:
(1) 
Real property located within the Village of Munsey Park and used as his or her personal residence; or
(2) 
Less than 5% of the stock of a publicly traded corporation; or
(3) 
Bonds or notes issued by the Village of Munsey Park and acquired more than one year after the date on which the bonds or notes were originally issued.

§ 27-10. Private employment in conflict with official duties.

No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment:
A. 
Can be reasonably expected to require more than sporadic recusal and abstention pursuant to § 27-7 of this code; or
B. 
Can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee; or
C. 
Violates § 805-a, Subdivision 1c or d, of the General Municipal Law; or
D. 
Requires representation of a person or organization other than the Village of Munsey Park in connection with litigation, negotiations or any other matters to which the Village of Munsey Park is a party.

§ 27-11. Future employment.

A. 
No municipal officer or employee may ask for, pursue or accept a private post-government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 90 days following final disposition of the matter.
B. 
No municipal officer or employee, for the one-year period after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit which he or she serves.
C. 
No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee.

§ 27-12. Personal representations and claims permitted.

This code shall not be construed as prohibiting a municipal officer or employee from:
A. 
Representing himself or herself, or his or her spouse or minor children, before the Village of Munsey Park; or
B. 
Asserting a claim against the Village of Munsey Park on his or her own behalf, or on behalf of his or her spouse or minor children.

§ 27-13. Use of municipal resources.

A. 
Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel and the Village of Munsey Park's money, vehicles, equipment, materials, supplies or other property.
B. 
No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting:
(1) 
Any use of municipal resources authorized by law or municipal policy; or
(2) 
The use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or
(3) 
The occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters, including, but not limited to, family care and changes in work schedule.
C. 
No municipal officer or employee shall cause the Village of Munsey Park to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.

§ 27-14. Interests in contracts.

A. 
No municipal officer or employee may have an interest in a contract that is prohibited by § 801 of the General Municipal Law.
B. 
Every municipal officer and employee shall disclose interests in contracts with the Village of Munsey Park at the time and in the manner required by § 803 of the General Municipal Law.

§ 27-15. Nepotism.

Except as otherwise required by law:
A. 
No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the Village of Munsey Park or a municipal board.
B. 
No municipal officer or employee may supervise a relative in the performance of the relative's official powers or duties.

§ 27-16. Political solicitations and campaign activities.

A. 
No municipal officer or employee shall directly or indirectly compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value.
B. 
No municipal officer or employee may act or decline to act in relation to appointing, hiring, promoting, discharging or disciplining, or in any manner changing the official rank, status or compensation of, any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose.
C. 
No employee shall engage in political campaign activities during his or her official Village of Munsey Park workday.

§ 27-17. Confidential information.

No municipal officer or employee who acquires confidential information during the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties. Any municipal officer or employee who is requested to disclose confidential information to comply with a legal proceeding must report such request to the Board of Trustees within three calendar days of the request.

§ 27-18. Gifts.

A. 
No municipal officer or employee shall solicit, accept or receive a gift in violation of § 805-a, Subdivision 1a, of the General Municipal Law as interpreted in this section.
B. 
No municipal officer or employee may directly or indirectly solicit any gift.
C. 
No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of $150 or more when:
(1) 
The gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties; or
(2) 
The gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or
(3) 
The gift is intended as a reward for any official action on the part of the officer or employee.
D. 
For purposes of this section, a gift includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. The value of a gift is the gift's fair market value, determined by the retail cost of the item or a comparable item. The fair market value of a ticket entitling the holder to food, refreshments, entertainment or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater. Determination of whether multiple gifts from a single donor exceed $150 must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most-recent gift.
E. 
Gifts intended to influence or reward.
(1) 
A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee.
(2) 
A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding 12 months.
F. 
This section does not prohibit any other gift, including:
(1) 
Gifts made to the Village of Munsey Park;
(2) 
Gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift, and when the gift giver does not receive anything of value in return from the municipal officer or employee;
(3) 
Gifts given on special occasions, such as marriage, illness or retirement, which are modest, reasonable and customary, but which may not be in exchange for anything of value in return from the municipal officer or employee;
(4) 
Unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, notepads and calendars;
(5) 
Awards and plaques having a value of $75 or less which are publicly presented in recognition of service as a municipal officer or employee or other service to the community; or
(6) 
Meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or educational conference or program and the meals and refreshments are made available to all participants.
G. 
Gift log.
(1) 
All municipal officers and employees, including members of the Board of Trustees, must provide to the Board of Trustees a written log of all gifts received.
(2) 
The gift log must include the name of the gift giver, an estimate of the fair market value of the gift, and the purpose or occasion for the gift.
(3) 
The log of gifts received must be submitted within 21 calendar days of receipt.

§ 27-19. Board of Ethics.

A. 
Membership.
(1) 
The Board of Ethics shall consist of three members appointed by a majority of the Board of Trustees. One alternate may be appointed by the majority of the Board of Trustees to serve in the absence of another member.
(2) 
There shall be three members of the Board of Ethics initially serving one three-year term, one two-year term and one one-year term. The alternate member shall serve for one three-year term. Subsequently, each member shall be appointed for a three-year term or until such time as a successor is appointed.
(3) 
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, a simple majority of the Board of Trustees shall appoint the new member for the unexpired term.
(4) 
Removal of members. The Board of Trustees shall have the power to remove, after public hearing, any member of the Board for cause.
B. 
Qualification of Board members.
(1) 
All members of the Board of Ethics must be residents of the Village of Munsey Park.
(2) 
The members of the Board of Ethics should be qualified by knowledge, skills, abilities, and/or experience to carry out the duties and responsibilities of the Board.
(3) 
No member of the Board of Ethics may hold office in a partisan political party or hold elective office in the Village of Munsey Park. A Board of Ethics member may make campaign contributions and vote but not otherwise actively participate in any Village of Munsey Park election campaign.
(4) 
No current officer or employee of the Village of Munsey Park is eligible to serve on the Board of Ethics.
C. 
Compensation. Members of the Board of Ethics shall serve without compensation but may be reimbursed for reasonable and necessary expenses, as approved by the Board of Trustees.
D. 
Powers and duties of the Board of Ethics.
(1) 
The Board of Ethics shall select its own Chairperson from within the Board of Ethics for a one-year term and appoint such staff as necessary to carry out its duties under this chapter and to delegate authority to the Chairperson, if any, to act in the name of the Board of Ethics between meetings of the Board of Ethics, provided that the delegation is in writing and the specific powers to be delegated are enumerated; and further provided that the Board of Ethics may not delegate the power to conduct hearings, determine violations, recommend disciplinary action, impose civil fines, refer any matter to a prosecutor or render advisory opinions.
(2) 
To prescribe and promulgate rules and regulations governing its own internal organization and procedures in a manner not inconsistent with this chapter or state or federal law.
(3) 
To conduct investigations pursuant to § 27-20.
(4) 
To conduct hearings, recommend disciplinary action and initiate appropriate actions and proceedings pursuant to § 27-21.
(5) 
To issue advisory opinions pursuant to § 27-22.
(6) 
To provide ethics training and education, or to ensure the provision thereof, to municipal officers and employees on the provisions of the Village of Munsey Park Code of Ethics and Article 18 of the General Municipal Law.
(7) 
The Board of Ethics of the Village of Munsey Park may act only with respect to officers and employees of the Village of Munsey Park and persons having business dealings with the Village of Munsey Park. The termination of a municipal officer's or employee's term of office or employment with the Village of Munsey Park shall not affect the jurisdiction of the Village of Munsey Park Board of Ethics with respect to requirements imposed by this chapter on former municipal officers or employees to the extent permitted by law.
(8) 
The Village of Munsey Park Board of Ethics may refer any matter within its jurisdiction to the Nassau County Board of Ethics in its discretion.
(9) 
A member of the Board of Ethics may be removed from office by a majority vote of the Board of Trustees for failure to fulfill the duties of the office or for violation of this chapter. The Board of Trustees must give the Board member written notice and an opportunity to reply.
(10) 
The Board of Ethics must prepare an annual report to the Board of Trustees on its activities and recommend changes to the Village of Munsey Park Code of Ethics.

§ 27-20. Complaints and investigations.

A. 
Upon receipt of a form duly sworn by the person requesting an investigation of an alleged violation of this chapter, or upon the Board of Ethics determining on its own initiative that a violation of this chapter may exist, the Board of Ethics shall have the power and duty to conduct any investigation necessary to carry out the provisions of this chapter. In conducting any such investigation, the Board may administer oaths or affirmations, subpoena witnesses, and compel their attendance and require the production of any books or records which it may or deem relevant or material. The form to be utilized in requesting an investigation of an alleged violation of this chapter shall be available in the office of the Village of Munsey Park and on the Village of Munsey Park website.
B. 
The Board of Ethics investigation shall be confidential until such time that a final determination of the Board of Ethics has been made. Thereafter, the Board of Ethics shall state, in writing, its disposition of every sworn complaint it receives and of every investigation it conducts and shall set forth the reasons for the disposition to the Board of Trustees. Any findings of violations of this chapter or other applicable law shall be served upon the subject of the investigation within seven days of such service of any findings of violations of this chapter, and violations shall be made a public record and shall be indexed and maintained on file by the Village Clerk.

§ 27-21. Enforcement.

A. 
In its discretion and after a hearing in accordance with Article 3 of the State Administrative Procedure Act (SAPA), and subject to § 75 of the Civil Service Law and any collective bargaining agreements, to the extent practicable, the Village of Munsey Park Board of Ethics may recommend for action appropriate disciplinary action, which may include a written warning, disgorgement of profit or gains, or reprimand, forfeiture of accrued leave with pay, required attendance at ethics training seminars, suspension, or termination of employment, to the authority or person or body authorized by law to impose such sanctions.
B. 
The Village of Munsey Park Board of Ethics shall conduct and complete the hearing with reasonable promptness and shall not act without notice and opportunity to be heard and shall observe appropriate due process.

§ 27-22. Confidential ethics advisory opinions.

A. 
The Board of Ethics shall render confidential advisory opinions only to officers and employees of the Village of Munsey Park with respect to Article 18 of the General Municipal Law and this Code of Ethics. Officers and employees of the Village of Munsey Park are encouraged to seek advisory opinions whenever they are uncertain whether their conduct may violate the Code of Ethics.
B. 
The Board of Ethics will prepare an advisory opinion based on a thorough review of the facts and applicable law. The opinion of the Board of Ethics is to be based solely on the facts presented in the request or subsequently submitted in a written, signed document. The opinion will be rendered, in writing, to the requester as expeditiously as is practicable, with special attention to the time requirements of a given case.
C. 
An officer or employee of the Village of Munsey Park whose conduct or action is the subject of an advisory opinion will not be subject to penalties or sanctions by virtue of acting, or failing to act, due to a reasonable reliance on the opinion, unless material facts were omitted or misstated in the material submitted by the requester.
D. 
The Board of Ethics will maintain a confidential, indexed file of all advisory opinions issued by the Board.

§ 27-23. Posting, distribution, and acknowledgment of code.

A. 
The Mayor must promptly cause a copy of this Code of Ethics, and a copy of any amendment to this Code of Ethics, to be posted publicly and conspicuously in each building under the Village of Munsey Park's control. The code must be posted within 10 days following the date on which the code takes effect. An amendment to the code must be posted within 10 days following the date on which the amendment takes effect.
B. 
The Mayor must promptly cause a copy of this Code of Ethics, including any amendments to the code, to be distributed to every person who is or becomes an officer or employee of the Village of Munsey Park.
C. 
Every municipal officer or employee who receives a copy of this code, or an amendment to the code, must acknowledge such receipt in writing and agree to abide by the code. Such acknowledgment must be filed with the City Clerk, who must maintain such acknowledgment as a public record.
D. 
Every municipal officer or employee who receives a copy of this code is required to submit an annual statement attesting that he or she has not violated the Code of Ethics and to report any violations of the code of which he or she is aware.
E. 
All offers of employment by the Village of Munsey Park must state that continued employment is subject to and conditional upon:
(1) 
Acknowledgment of receipt of the Code of Ethics;
(2) 
Agreement to abide by the Code of Ethics; and
(3) 
Agreement to submit an annual attestation as set forth in § 27-23D.
F. 
The failure to post this code, or an amendment to the code, does not affect either the applicability or enforceability of the code or the amendment. The failure of a municipal officer or employee to receive a copy of this Code of Ethics, or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code.

§ 27-24. Penalties for offenses.

Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law.

Chapter 38. Investment Policy

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 6-12-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Procurement policy — See Ch. 54.

§ 38-1. Purpose.

It is the objective of the Board of Trustees to adopt a Management and Investment Policy for all moneys and other financial resources entrusted to it by the taxpayers of the Village of Munsey Park.

§ 38-2. Intent.

It is the intent of the Board of Trustees that this policy conform to all legal requirements, ensure a competitive rate of return while providing minimum risk and adequate safeguards to principal; and is sufficiently liquid to finance operations.

§ 38-3. Authorized investments.

The Village Treasurer be and hereby is authorized and directed to invest and reinvest all funds available for investing with adequate internal controls and prudent discretion and recorded properly in:
A. 
Certificates of deposit, time deposit and money market accounts with Fleet/NatWest Bank;
B. 
Obligations of the State of New York;
C. 
Obligations of the United States Government;
D. 
Obligations of other local governments;
E. 
Cooperative liquid assets securities system (CLASS) as administered by MBIA.

§ 38-4. Securing of deposits.

In accordance with the provisions of the General Municipal Law § 10, all deposits of the Village of Munsey Park, including certificates of deposit, special time deposits and money market accounts in excess of the amount insured under provisions of the Federal Deposit Insurance Act (FDIC), shall be secured as outlined in the collateral agreement approved by the Board of Trustees in October 1993, or by any other subsequent collateral agreement.

Chapter 50. Officers and Employees

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 17.
Code of Ethics — See Ch. 27.

Article I. Residency Requirements

[Adopted 6-8-1994 by L.L. No. 3-1994]

§ 50-1. County residency sufficient for certain positions.

[Amended 10-10-2001 by L.L. No. 2-2001]
The offices of Village Clerk, Deputy Village Clerk, Treasurer, Deputy Treasurer, Building Inspector or Code Enforcement Officer and Acting Village Justice may be filled by a person or persons who may not be residents of the Village; provided, however, that any such person is and remains a resident of the County of Nassau or contiguous counties during the time such person holds any such office.

Article II. Term Limits for Mayor

[Adopted 5-8-2013 by L.L. No. 3-2013]

§ 50-2. Term limits.

No person may serve as Mayor for more than three consecutive two-year terms of office. However, a person who has held the office of Mayor for three consecutive two-year terms may again hold the position of Mayor, for no more than three consecutive two-year terms of office, when at least two years have passed from the end of his or her three consecutive two-year terms of office.

Chapter 54. Procurement Policy

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 12-8-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 38.

§ 54-1. Competitive bidding requirements.

The Village shall not procure any goods or services without competitive bidding unless the Village Clerk has first determined and documented that such procurement is not required by law to be subject to competitive bidding.

§ 54-2. Methods for requesting proposals.

Except for procurements made pursuant to Subdivision 3 of § 103 or § 104 of the General Municipal Law, § 175-b of the State Finance Law, § 186 of the Correction Law, or the policies and procedures adopted pursuant to § 54-6 of this chapter, alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of this resolution.

§ 54-3. Procedure for purchases not subject to competitive bidding.

For purchases which are not subject to competitive bidding, the following procurement procedure shall be followed:
A. 
For single purchases of goods which are reasonably expected to exceed $5,000 or a single contract for services which is reasonably expected to exceed $7,000, written proposals shall be solicited from at least three vendors unless:
(1) 
There are no other goods or services available in the marketplace that do, or will, provide substantially equivalent or similar service or products.
(2) 
There is no reasonable possibility of local competition for the purchase.
B. 
For all other purchases and services, solicitations are not required from more than one vendor.

§ 54-4. Documentation required for each action.

Adequate documentation of each action taken in connection with each procurement subject to this chapter shall be maintained.

§ 54-5. Documentation required for awards to other than lowest bidder.

Documentation justifying any contract awarded to other than the lowest responsible dollar offeror, setting forth the reasons such an award furthers the purpose of this chapter, shall be maintained.

§ 54-6. Emergency situations; personal services contracts.

The solicitation of alternative proposals or quotations will not be in the best interest of the Village in emergency situations or when entering into personal services contracts.

Chapter 57. Records

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]

Article I. Retention and Disposition

[Adopted 3-8-1989]

§ 57-1. Adoption of schedule.

Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.

§ 57-2. Conditions for disposal.

In accordance with Article 57-A:
A. 
Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.
B. 
Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods.

Article II. Public Access

[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 57-3. Purpose.

A. 
The People's right to know the process of governmental decision making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B. 
These regulations provide information concerning the procedures by which records may be obtained.
C. 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law, Public Officers Law § 85 et seq., as well as records otherwise available.

§ 57-4. Records inaccessible to the public.

The following records, pursuant to the Village and state laws are not available to the public:
A. 
Those which are specifically exempted from disclosure by state or federal statute.
B. 
Those which, if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of Subdivision 2 of § 89 of the Public Officers Law.
C. 
Those which, if disclosed would impair present or imminent contract awards or collective bargaining negotiations.
D. 
Those which are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed would cause substantial injury to the competitive position of the subject enterprise.
E. 
Those which are compiled for law enforcement purposes and which, if disclosed, would:
(1) 
Interfere with law enforcement investigations or judicial proceedings;
(2) 
Deprive a person of a right to a fair trial or impartial adjudication;
(3) 
Identify a confidential source or disclose confidential information relating to a criminal investigation; or
(4) 
Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
F. 
Those which, if disclosed, would endanger the life or safety of any person.
G. 
Those which are interagency or intraagency materials which are not:
(1) 
Statistical or factual tabulations or data;
(2) 
Instructions to staff that affect the public;
(3) 
Final agency policy or determinations; or
(4) 
External audits, including, but not limited to audits performed by the Comptroller and the federal government.
H. 
Those which are examination questions or answers which are requested prior to the final administration of such questions.
I. 
Those which are computer access codes.

§ 57-5. Designation of records access officers; responsibilities.

A. 
The Board of Trustees of the Village of Munsey Park is responsible for ensuring compliance with the regulations herein and designates the following as records access officers:
(1) 
The Village Clerk, 1777 Northern Boulevard, Manhasset, New York 11030
(2) 
The Deputy Village Clerk, 1777 Northern Boulevard, Manhasset, New York 11030.
B. 
Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. The designation of records access officers shall not be construed to prohibit officials who have, in the past, been authorized to make records of information available to the public from continuing to do so. Records access officers shall ensure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the person requesting records in identifying the records requested, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspections; or
(b) 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor.
(4) 
Upon request for copies of records, make a copy available upon payment, or offer to pay established fees, if any, in accordance with § 57-11 hereof.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records certify that:
(a) 
The Village of Munsey Park is not the custodian for such records; or
(b) 
The records of which the Village of Munsey Park is custodian cannot be found after diligent search.

§ 57-6. Location of records.

Records shall be available for public inspection and copying at the Village Hall, 1777 Northern Boulevard, Manhasset, New York 11030.

§ 57-7. Hours for public inspection.

Requests for public access to records shall be accepted and records produced during all hours the Village Hall is regularly open for business. Those hours are between 9:00 a.m. and 4:00 p.m., Mondays through Fridays.

§ 57-8. Procedure for requests.

A. 
A written request may be required.
B. 
A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the record sought.
D. 
If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, such failure may be construed as a denial of access that may be appealed.

§ 57-9. Subject matter list.

A. 
The records access officer shall maintain a reasonably detailed correct list, by subject matter, of all records in the possession of the Village of Munsey Park, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the record sought.

§ 57-10. Denial of access; appeals.

A. 
Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual body established to hear appeals.
B. 
If requested records are not provided promptly as required by § 57-8D of these regulations, such failure shall also be deemed a denial of access.
C. 
The following person or persons or body shall hear appeals from denial of access to records under the Freedom of Information Law: The Board of Trustees of the Incorporated Village of Munsey Park, 1777 Northern Boulevard, Manhasset, New York 10030, telephone number 516-365-7790.
D. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the request for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 57-8D hereof.
(5) 
The name and return address of the requester.
E. 
The individual or body designated to hear appeals shall inform the person requesting the record of its decision, in writing, within 10 business days of receipt of an appeal.
F. 
The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of any appeal upon receipt of such appeal. Such copy shall be addressed to the Committee on Open Government, Department of State, 41 State street, Albany, New York 12231.
G. 
The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection F of this section.

§ 57-11. Fees.

A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification made pursuant to this article.
B. 
Copies of records shall be provided according to the following fee schedule:
(1) 
The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
(2) 
The fee for copies of records other than photocopies which are nine inches by 14 inches or less shall be the actual copying cost, excluding fixed agency costs, such as salaries.

§ 57-12. Public notice.

A notice containing the title or name and business address of the records access officers and appeals person or body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept or published in a local newspaper of general circulation.

Chapter 61. Smoking

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Village Hall — See Ch. 65.

§ 61-1. Restrictions.

A. 
Smoking is prohibited in the Village Hall and all other buildings under the jurisdiction and control of the Village of Munsey Park, except in areas specifically designated for smoking.
B. 
No person shall carry a lighted cigarette, cigar or pipe or other smoking material in any indoor hallway, passage or other common area while walking through such area.
C. 
Smoking shall be prohibited in Village vehicles occupied by more than one person unless the occupants of such vehicle agree that smoking may be permitted.

§ 61-2. Designated areas.

Smoking areas may be designated by the Board of Trustees for employees who wish to smoke. Such smoking areas will be clearly marked by a "Smoking Permitted" sign.

§ 61-3. Employee concerns or complaints.

Employees are encouraged to present any concerns to their supervisors and may register a complaint with the County Enforcement Officer.

§ 61-4. Posting of policy.

A copy of this policy shall be posted upon the Village Bulletin Board and in each separate building in which Village employees work.

§ 61-5. Penalties for offenses.

Employees found smoking in nonsmoking areas will be considered in violation of this policy and may be subject to the penalty described by the State Commissioner of Health.

Chapter 65. Village Hall

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-8-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking in Village Hall — See Ch. 61.

§ 65-1. Approval required for use for nongovernmental functions.

The use of the Village Hall for any purposes other than official Village Government functions is subject to the direct approval of the Board of Trustees.

2. Part II, General Legislation

Chapter 72. Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 9-13-1989 by L.L. No. 3-1989 (Sec. G115 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 128.

§ 72-1. Prohibited activities.

It shall be unlawful for any person to:
A. 
Consume any alcoholic beverage in any public place within the Village of Munsey Park except in a public place where such consumption is authorized by license or permit under the laws and regulations of this state, or upon the occasion of a planned, supervised event such as a fair, picnic, block party or other community gathering which has been organized and made known in writing to the Board of Trustees of the Village in advance of the event.
B. 
Have in his possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage. Possession of an open or unsealed container which contains an alcoholic beverage by a person in or upon a public place shall be presumptive evidence that the container is possessed with the intent to consume its contents.

§ 72-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass, cup or other receptacle.
OPEN CONTAINER
A container with the contents exposed to the atmosphere or the seal thereof broken.[1]
PUBLIC PLACE
Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or any other public facility or ground, whether vacant or improved, within the incorporated boundaries of the Village of Munsey Park.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 72-3. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 76. Animals

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Sec. G110 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 119.
Nuisances — See Ch. 123.
Zoning — See Ch. 200.

§ 76-1. Control of dogs.

[Amended 1-14-1981 by L.L. No. 1-1981]
It shall be unlawful for a dog to be on public property unless such dog is effectively restrained in the immediate custody and control of a person by a chain or leash not exceeding six feet in length, or on private property without the consent of the owner or person in possession of such private property whether or not such dog is so restrained. A person who owns, possesses, harbors, or has custody of a dog which is not so restrained, whether with or without the knowledge, consent or fault of such person, shall be in violation of this section. A person having immediate custody and control of a dog so restrained who permits such dog to be on private property without consent of the owner or person in possession of such private property shall be in violation of this section. It shall be presumed that the presence of a dog on private property of a person other than the person who owns, possesses, harbors or has custody of the dog is without the consent of the owner or person in possession of such private property.

§ 76-2. Curbing of animals.

[Amended 8-14-1996 by L.L. No. 2-1996]
No person who owns, possesses, harbors, keeps or is in charge or control of a dog, cat or other animal shall cause, suffer, allow or permit any such animal to soil, defile, defecate, or urinate on any public highway, street, thoroughfare, or walk used in common by the public, or any place where people congregate or on any private property, without the permission of the owner of said private property. The restriction in this section shall not apply to that portion of the street lying between the curblines, and, with respect to streets which have adjoining sidewalks, the property between the curbline of the street and the sidewalk, which areas shall be used to curb such animals, provided that the person who so curbs such animal shall immediately remove all feces deposited by such animal by placing the feces in a paper or plastic bag which shall be secured and deposited in a covered garbage receptacle.

§ 76-3. Enforcement.

[Amended 1-14-1981 by L.L. No. 1-1981]
Any dog on public property which is not effectively restrained as provided in § 76-1 of this chapter, or any dog on private property without the consent of the owner or person in possession of such private property, may be seized by any duly appointed Town of North Hempstead Dog Control Officer, and thereafter, confined in the Town of North Hempstead Animal Shelter until disposition is made pursuant to the local law adopted by the Town of North Hempstead relating to such disposition. The Town of North Hempstead Dog Control Officer, observing a violation of this chapter, may issue and serve an appearance ticket for such violation in the form prescribed and in accordance with the provisions of the Agriculture and Markets Law and the Criminal Procedure Law. Any person observing a violation of this chapter may personally appear before the Village Justice and sign and swear to the appropriate accusatory instrument as required by law for the purpose of commencing a prosecution of the alleged violation.[1]
[1]
Editor's Note: Original Sec. G110-4, Poundage Fees, which immediately followed this section, was repealed 4-13-1994 by L.L. No. 2-1994.

§ 76-4. Licensing of dogs.

Pursuant to the provisions of the Agriculture and Markets Law of the State of New York, no person shall own or harbor within the Incorporated Village of Munsey Park a dog unless licensed as provided in said law.

§ 76-5. Prohibited animals.

No chickens, ducks, poultry, rabbits, pigeons, reptiles, rodents, livestock or other animals or fowl shall be maintained in the Incorporated Village of Munsey Park, nor shall any person, firm or corporation maintain on the premises owned, leased or controlled by them any chickens, ducks, poultry, rabbits, pigeons, reptiles, rodents, livestock or other animals or fowl. This section shall not be construed to apply to dogs, cats or other common household pets.

§ 76-6. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original Sec. G110-8, Further Penalties, which immediately followed this section, was repealed 4-13-1994 by L.L. No. 2-1994.

Chapter 87. Building Construction and Fire Prevention

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Construction and services — See Ch. 91.
Exterior lighting — See Ch. 112.
Plumbing — See Ch. 136.
Property maintenance — See Ch. 139.
Protective restrictions — See Ch. 141.
Zoning — See Ch. 200.
Fees — See Ch. A208.

Article I. Adoption of Standards

[Adopted 4-7-1971 as Secs. B400, B407-6, B407-21 and B407-22 of the 1971 Code]

§ 87-1. Title; compliance with standards required.

[Amended 10-10-2001 by L.L. No. 2-2001]
A. 
Pursuant to the authority granted by the laws of the State of New York, the Board of Trustees of the Village of Munsey Park, Nassau County, New York, does hereby enact and ordain the following article, to regulate and control the erection, construction, alteration, removal and repair of buildings and other structures, to be known as the "Building Code of the Incorporated Village of Munsey Park," to be observed and enforced in the said Village under penalty for violation of the same as hereinafter prescribed.
B. 
All construction activities performed within the Incorporated Village of Munsey Park shall comply with the New York State Uniform Fire Prevention and Building Code regulations, with the exceptions set forth in this article.[1]
[1]
Editor's Note: The following original sections of the 1971 Code, which followed this section, were repealed 10-10-2001 by L.L. No. 2-1001: Sec. B401, Definitions; Secs. B402, Classifications, and B403, General Building Restrictions, as amended by L.L. No. 4-1985; Secs. B404, Light and Ventilation, and B405, Means of Egress, as amended by L.L. Nos. 5-1985 and 3-1986; Sec. B406, Materials, Loads and Stresses; and Sec. B407, Construction, Subsections B407-1 through B407-5, as amended by L.L. Nos. 5-1985 and 3-1986.

§ 87-2. Retaining walls.

A. 
When an excavation or fill is made on any lot, the person making such excavation or fill or causing it to be made shall, at his own cost and expense, build a retaining wall to furnish lateral support and such retaining wall shall be carried to the height of the earth retained and be properly protected by coping.
B. 
All walls built to retain or support adjoining earth or rock, including foundation walls subjected to pressure from adjoining earth or rock, shall be constructed of approved masonry or reinforced concrete and so designed that in resisting the pressures to which they are subjected, including any water pressure that may exist, the working stresses of the materials and soil loads allowed by this code shall not be exceeded, and the stability of the wall shall be ensured.
C. 
The Village Board of Trustees shall have the right to require such veneers or facings for retaining walls as it considers necessary to maintain such appearance as reflects the existing character of the Village.
[Added 8-14-1985 by L.L. No. 5-1985; amended 5-14-1986 by L.L. No. 3-1986]
D. 
Retaining walls of wood, treated wood or railroad ties shall not be permitted.
[Added 8-14-1985 by L.L. No. 5-1985; amended 5-14-1986 by L.L. No. 3-1986]
E. 
No retaining wall shall be erected until an application therefor has been made to the Board of Trustees and a permit issued by the Building Inspector.
[Added 8-14-1985 by L.L. No. 5-1985; amended 5-14-1986 by L.L. No. 3-1986][1]
[1]
Editor's Note: Original Sec. B407, Construction, Subsections B407-7 through B407-20, of the 1971 Code, as amended by L.L. Nos. 5-1985 and 3-1986, which followed this section, were repealed 10-10-2001 by L.L. No. 2-2001.

§ 87-3. through § 87-4. (Reserved)

[1]
Editor’s Note: Former § 87-3, Roofing, last amended 10-10-2001 by L.L. No. 2-2001, was repealed 12-9-2015 by L.L. No. 3-2015. For current provisions on roofing, see § 200-31.1. Former § 87-4, Walls and ceilings, last amended 3-9-2005 by L.L. No. 1-2005, was disapproved by the Building Code Council. At the direction of the Village, this section no longer appears in the Code.

§ 87-5. Window grilles.

[Added 10-10-2001 by L.L. No. 2-2001]
Grilles are required in all windows other than a fixed picture window.

Article II. Administration

[Adopted 4-7-1971 as Secs. A700 through A715 of the 1971 Code; amended in its entirety 10-10-2001 by L.L. No. 2-2001[1]]
[1]
Editor's Note: Previous amendments included L.L. Nos. 5-1984, 3-1985, 2-1987, 1-1988, 4-1988 and 2-1995.

§ 87-6. General applicability; damaged structures.

A. 
No building or structure, or part thereof, shall hereafter be moved, erected, constructed, reconstructed, demolished, extended or altered except it be in conformity with the provisions herein contained.
B. 
A building damaged by fire or other casualty to an extent less than 1/2 of the reproduction cost of said building, exclusive of foundations, may be repaired or restored so as to conform to its original condition, plan, construction or use, or may be reconstructed in any of its parts, as the Board may specify in the permit. However, new elevator, plumbing, heating or electrical equipment shall conform to the provisions of this article.

§ 87-7. Applications for permit.

A. 
Before commencing to move, demolish, erect, construct, alter or add to any building, or to make substantial additions to or changes in the plumbing, heating, elevator or electrical equipment of any building for which a certificate of occupancy shall have been issued, or to construct, alter or replace a driveway, or change of grade, the owner, lessee, architect, contractor or builder, or the agent of any one of them, shall secure from the Building Inspector a permit for the complete operation in question. An application for such permit shall be made in duplicate, on appropriate forms to be furnished by the Village. Whenever any proposed operation includes any demolition, such fact shall be expressly stated.
B. 
Such application shall be in the form prescribed by the Board of Trustees, and shall be accompanied by duplicate sets of drawings to accurate scale in ink, blueprint, photocopy or tracing bearing a statement of the specifications. Any additional detailed drawings or other information required by the Building Inspector shall also be furnished in duplicate. The statement of specifications or drawings shall give the location of the proposed operation, live floor loads for which each floor is designed, kinds of occupancies, number of families or occupants, and all necessary information with reference to existing construction and shall include a property survey in duplicate, blueprinted or photocopied on paper or cloth from an ink tracing, 8 1/2 inches by 13 1/2 inches, giving the location and dimensions of the lot on which it is proposed to construct, the location of the proposed building or buildings, structure or structures, or driveway and the location of any existing buildings or structures which are to remain. A plot plan shall be incorporated in the drawings.
C. 
The application for a permit shall give the names and addresses of the applicant, the architect and the contractor or builder, and the full name and address of the owner of the property. Each application shall state the estimated cost of the undertaking. All facts in the application shall be subject to affirmation under oath. If in the judgment of the Building Inspector the estimated cost is manifestly incorrect, the Board may, or employ others to, estimate the cost of the work, and the expense of the estimate shall be paid by the applicant. Any application may be amended or corrected, and must be amended if any major change be made in the drawing or specifications; but no major modifications in the actual work may be made until after the application and the permit shall have been amended or a new permit issued.
D. 
No permit required.
(1) 
No application is required, and no permit shall be necessary in the case of:
(a) 
Exterior repairs costing less than $1,000;
(b) 
Interior repairs; or
(c) 
Interior alterations other than:
[1] 
Structural alterations, modifications or changes, including but not restricted to the cutting away or removal of any part of the bearing wall, the removal or cutting of any beam or support, any change or enclosure of any stairway or exit, or the construction or alteration of any part of the elevator equipment; or
[2] 
Alterations, modifications or changes to the electrical wiring systems or to the plumbing, heating, ventilating or air-conditioning systems.
(2) 
The term "repairs" as used herein shall include replacement on nonstructural components or materials by components or materials which are similar in construction and quality to that replaced.
E. 
Each application shall be accompanied by the required fee which shall be as established from time to time by resolution of the Board of Trustees, for the following:[1]
(1) 
For repairs or alterations.
(2) 
For new construction.
(3) 
A zoning fee shall be charged for all permits.
(4) 
Applications for building permits shall expire if a permit is not issued within six months of approval. Upon payment of the fee established from time to time by resolution of the Board of Trustees,[2] the Building Inspector can renew applications for no more than six months, after which the Board of Trustees may extend the application in six-month increments.
[2]
Editor's Note: See Ch. A208, Fees.
[1]
Editor's Note: See Ch. A208, Fees.
F. 
In the case of any rejection of an application the Village shall refund 1/2 of the fee paid.
G. 
No permit for the erection, construction, alteration, reconstruction or demolition of any building or structure shall be issued unless the owner, lessee, builder or contractor shall first file with the Building Inspector suitable evidence of compliance with the Workers' Compensation Law of the State of New York.
H. 
If an application for a building permit is withdrawn by applicant before issuance or denial of the building permit, the balance of any fees paid when the application for the building permit was filed will be returned to applicant after the costs and expenses incurred by the Village in examining and processing the application are deducted.

§ 87-8. Issuance of permits.

A. 
Copies of all approved plans and specifications shall be kept on file by the Board, and one set of officially stamped copies shall be returned to the applicant upon issuance of the permit.
B. 
The Building Inspector shall issue a written permit for the prosecution of the work, after determining that the plans and specifications and the prospective uses comply with the requirements of this Chapter 87, Chapter 200, Zoning, and the state laws and that any retained existing construction is in good and safe condition.
C. 
A conditional permit may be issued after the examination of general plans and the statement of specifications pending receipt of further detailed information required by the Board.
D. 
During the progress of the construction a set of plans and the statement of specifications bearing the certification stamp or signature of the Board's representative at all times shall be kept on the premises involved. All work shall be carried on in strict accordance with such plans and specifications.
E. 
Permits will expire unless construction is completed within one year of issuance of the permit, except that upon payment of the fee required by § 87-7E(4), the Building Inspector may renew the permit for no more than six months, after which the Board of Trustees may extend the permit in six-month increments.
F. 
A permit may be revoked because of any false statement or misrepresentation of material fact in the application. Notice of the revoking of a permit shall be deemed to be duly given by service upon a responsible individual in charge at the premises, or by mailing to the post office address of the party to whom the permit was issued. It shall be unlawful to proceed with any building work after the revocation of a permit.

§ 87-9. Protection of public.

A. 
All work shall be properly safeguarded during construction. Fences may be required by the Inspector.
B. 
Where any part of a building under construction, alteration or demolition, which is more than one story high, shall be within five feet of a street line, a shed shall be provided over the sidewalk for pedestrian passage, such shed to sustain any load that may be placed upon it during the construction of the building, and such shed shall be not less than six feet wide, and not less than seven feet six inches high in the clear, and shall be kept lighted all night.
C. 
No such shed shall be erected until a permit therefor, signed by the Building Inspector, shall have been obtained upon written application to the Board of Trustees.

§ 87-10. Protection of adjacent property.

A. 
No adjacent property shall be damaged by excessive terracing, regrading, shoring, or underpinning.
B. 
Sheet piling or retaining walls shall be employed in connection with excavations, where necessary for the protection of adjacent property.
C. 
Such retaining walls shall be of reinforced concrete or reinforced masonry all as per § 87-2, Retaining walls, of Article I, Adoption of Standards, of this Chapter 87.
D. 
Such protection shall also be required where new construction or grading or a combination of the two causes excessive water to drain, accumulate or wash over adjacent property.

§ 87-11. Sanitary facilities during building operations.

Adequate sanitary facilities shall be provided, subject to the Building Inspector's approval. All such temporary facilities shall be located in the rear yard.

§ 87-12. Protection of curbs, sidewalks and other surfaces.

Adequate protection shall be placed over curbing, sidewalks and other surfaces to prevent damage thereto. In the event of damage during building operations, immediate precautions shall be taken to avoid accidents and the surface shall be restored to the satisfaction of the Building Inspector before a certificate of occupancy will be issued.

§ 87-13. Inspections.

During the course of any construction, alteration or new building, periodic inspections by the Building Inspector must be made. The contractor or applicant shall provide the Building Inspector with a minimum of three business days' notice for any required inspections and shall have the official approved plans on site.

§ 87-14. Certificate of occupancy.

A. 
No building hereafter constructed, extended, reconstructed or altered shall be occupied, until a certificate of occupancy shall have been issued by the Board, except that any building occupied during alteration may continue to be occupied in accordance with the provisions of this article for 30 days succeeding the completion of such alteration. A certificate of occupancy shall state that the building involved substantially conforms to the requirements of this article for the proposed occupancy, which shall be stated in the certificate. Such certification shall apply among other matters to character of construction, number of stories, purposes for which the building may or may not be used, the permissible live loads of the several floors and the permissible number of occupants of each story. Such a certificate shall be issued by the Board within 10 days of the date of application therefor, if the building was entitled to such certificate at the time the application was made.
B. 
A temporary certificate of occupancy may be issued for a part of a building in advance of the completion of the whole, at the discretion of the Board of Trustees, provided that such occupancy in no way jeopardizes life or property.
C. 
Before the issuance of a final certificate of occupancy the owner, lessee, contractor or builder shall file with the Building Inspector a survey made by a duly licensed surveyor showing the location of all structures; also a diagram showing the location of underground cesspools, tanks or other subsurface structures.
D. 
The owner, lessee, contractor or builder shall also file with the Building Inspector an electrical certificate (Board of Fire Underwriters or other qualified inspection agency approved by the Village) and such other certificates and proof of inspection and approvals that the Building Inspector may require.

§ 87-15. Change of occupancy.

No change in nature of occupancy shall be made unless such change is authorized under the provisions of this article, and is covered by the certificate of occupancy.

§ 87-16. Alterations and removals.

Any building to be demolished shall be taken down story by story. No materials shall be placed on any floor during demolition that would render it unsafe, but all shall be at once lowered to the ground.

§ 87-17. Letter of completion.

Any building which is altered and/or renovated, and does not involve a change in use or result in the construction of additional rooms, may continue to be occupied in accordance with the provisions of this article for 30 days succeeding the completion of such alteration. A letter of completion shall state that the work involved substantially conforms to the requirements of this article.

§ 87-18. Enforcement.

The provisions of this article shall be enforced, and all building operations shall be observed by the Board of Trustees or Building Inspector or such other person as the Board may designate. The Board or its representative shall keep records of its acts and decisions and shall cause to be filed with the Village Clerk, monthly, in writing, a detailed statement of buildings erected or altered during the month preceding, of permits issued and of the estimated cost of work covered by such permits; of inspections made, violations found, and actions taken with respect to such violations and of certificates of occupancy issued. Dereliction of the Board, or the Inspector, in their duties, shall not legalize any violation of the provisions of this article.

§ 87-19. Right of entry.

In their own person or in that of duly delegated subordinates, and upon exhibition of an authorized identifying badge, the Board or the Inspector, or other representative, shall have, for the purposes herein specified, the right of entry at reasonable hours upon due notice to the occupants of any existing building in which the Board has reason to believe unsafe conditions exist, or to any part of any building upon which building work is being carried on.

§ 87-20. Approval of materials and construction.

The Board shall have authority to order, conduct or accept tests for any building materials or construction and to prescribe the procedure for the approval of new materials or construction not covered in this code. Such procedure shall include due public notice and listing and placing on file of all orders and regulations.

§ 87-21. Unsafe structures.

The Board shall have power to condemn any building for demolition upon due cause. The Board shall have power to require provision of improved or additional exits from stores, tenements or apartment houses, theaters and other places of public assembly if it has reason to believe that existing exits are inadequate or unsafe. When the Board shall have reason to believe that any building is unsafe, it shall cause the owner thereof to be notified and shall grant the owner a reasonable time, depending on the urgency of the case, to remedy any unsafe condition. It shall be the duty of any owner, within 48 hours after having received notice that his building is unsafe, to begin such work as may be necessary in the interest of permanent safety and to carry on such work diligently. The Board shall have power, in case of necessity, to cause the premises to be vacated, or the street or sidewalk to be closed, or to take any other measures necessary for safety to person or protection of property, including the building of temporary protective structures. The owner of the premises shall reimburse the municipality for any expenditure involved in these actions. No building which shall have been vacated as the result of proceedings under this section shall thereafter be occupied until a certificate of occupancy shall have been issued as hereinbefore provided. In all such cases, a full report of facts shall be made to the Board.

§ 87-22. Reapportionment.

A. 
No lot shall be so reduced in area after the passage of this article as to decrease any lot area or prescribed open spaces below the minimum requirements of this article. However, this article shall not be construed so as to permit an increase in the number of lots in any block as it exists as of the effective date of this article.
B. 
No lot shall be changed in size, shape or area without application to and approval by the Board of Trustees. Such application shall also include:
(1) 
An individual survey of each lot affected made and signed by a licensed surveyor showing all dimensions, buildings and improvements as they exist.
(2) 
A plot plan showing the same information for the proposed building lots. Upon examination and approval a permit shall be issued. Each application shall be accompanied by the required fee which shall be as established from time to time by resolution of the Board of Trustee for each two lots affected.[1]
[1]
Editor's Note: See Ch. A208, Fees.

§ 87-23. Penalties for offenses; notice of violation.

A. 
Any owner, lessee, architect, or builder, or the agent of any of them, who violates, or is an accessory to the violation of any provision of this article, including failure to apply for a building permit or other necessary permit, shall be liable to a penalty as set forth in § 1-14 of the Village Code.
[Amended 12-8-2010 by L.L. No. 3-2010]
B. 
Notice of the violation of any of the provisions of this article shall be given in writing to the owner or his agent, either by delivering the same to him personally or mailing the same by certified mail, return receipt requested, or regular mail, to his last known post office address and if such owner cannot be served with reasonable diligence or if his post office address cannot be ascertained, then by posting such notice of violation in a conspicuous place on the premises where such alleged violation has occurred. In either event a copy of the notice of violation shall be filed in the office of the Village Clerk.
C. 
In addition to any right or remedy granted the Building Inspector by this article, he may, in his discretion, through the Village Attorney, institute any appropriate action or proceeding at law or in equity, to restrain, correct or remove such violation, or the execution of any work thereon, or to restrain or correct the erection of alteration of, or to require the removal of, or to prevent the occupation or use of the building or structure erected, constructed or altered in violation of, or not in compliance with, any of the provisions of this article.

§ 87-24. Right of appeal.

Any applicant for a permit, or any owner, lessee, architect or builder, or agent thereof, who may be conducting a building operation, shall have the right of appeal to the Board of Appeals from any decision or act of the Inspector, provided that such appeal is filed within 10 days of the rendering of such opinion or the commission of such act.

Article III. Electrical Standards

[Adopted 4-7-1971 as Secs. E601, E603 and E611 of the 1971 Code]

§ 87-25. Compliance with other laws.

[Amended 10-9-1985 by L.L. No. 6-1985; 8-12-1998 by L.L. No. 2-1998]
A. 
Except as otherwise provided in the Building Code of the Village of Munsey Park, hereinafter referred to as the "Building Code,"[1] all types and kinds of electric service, including, but not restricted to, all installations of apparatus, outlets, fixtures, signs and appliances, hereinafter collectively referred to as "electrical systems," shall be installed in compliance with the New York State Building and Fire Prevention Code, or any successor thereto, hereinafter referred to as the "State Code."
[1]
Editor's Note: See Arts. I and II of this Ch. 87.
B. 
All electrical systems shall be approved by the New York Board of Fire Underwriters, or such other electrical inspection service as shall be authorized and approved by the Board of Trustees.
C. 
Before any electrical systems can be operated, a certificate must be issued by the electrical inspection service inspecting the electrical systems, which certificate must represent that the electrical inspection service has inspected the installation of the electrical systems, and that the installation of all electrical systems has been completed and is in full compliance with the Building Code and the State Code.
D. 
No certificate of occupancy, certificate of completion or similar certificate will be issued by the Village of Munsey Park for any alteration, addition, renovation or new construction unless the certificate for the electrical systems, which is referred to in Subsection C hereof, has been filed with and accepted by the Building Department of the Village of Munsey Park.[2]
[2]
Editor's Note: Original Sec. E602, Licensing, of the 1971 Code, which followed this section, was deleted 10-10-2001 by L.L. No. 2-2001.

§ 87-26. (Reserved)

[1]
Editor's Note: Former § 87-26, Wiring, last amended 3-9-2005 by L.L. No. 2-2005, was disapproved by the Building Code Council. At the direction of the Village, this section no longer appears in the Code. The following original sections of the 1971 Code, which followed this section, were repealed 10-10-2001 by L.L. No. 2-2001: Sec E604, Service; Sec. E605, Panel Board. The following sections were added by L.L. No. 6-1985: Sec. E606, Inspectors; Sec. E607, Inspections and Reports; Sec. E608, Exemptions; Sec. E609, Application and Certificate; and Sec. E610, Liability.

§ 87-27. Penalties for offenses.

[Added 10-9-1985 by L.L. No. 6-1985; amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall be punishable as provided in § 87-23 of Article II, Administration, of this Chapter 87. Each day of continuance of an offense shall be considered a separate offense.

Article IV. Deposit for Damage to Village Property

[Adopted 3-14-2007 by L.L. No. 1-2007]

§ 87-28. Deposit to cover damage to Village roads, trees or any property during construction required.

For any work where a permit is issued under this chapter and the work is new construction or the additions or alterations to buildings (not new construction) exceed 750 square feet, the owner must deposit with the Village Clerk such sum as may be determined from time to time by the Board of Trustees to be used to cover any damage caused to Village roads, Village trees or any Village property by the owner's contractor or by any other person, firm or corporation that is doing the work for which the permit is issued. The Village may withdraw such sums from the deposit as it deems necessary in its reasonable discretion to pay for repairs of such damage, including replacement of Village trees and property damaged. This deposit shall be paid by cash, bank check, or certified check, payable to the order of the Village Clerk, Village of Munsey Park. Payments made other than by cash, bank check, or certified check shall be accepted subject to collection, and the processing of the application for a permit under Chapter 87 may be stayed pending collection. In the event that any check is not honored for whatever reason, any fees or other charges caused to the Village by virtue of such dishonor shall be reimbursed to the Village as an additional application fee, and all future payments by such applicant shall be accepted only if made by cash, bank check, or certified check. Alternatively, in lieu of such deposit, the owner may file a bond in such amount and form as may be determined by the Board of Trustees.

Chapter 88. Administration and Enforcement of Stormwater Management

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-11-2007 by L.L. No. 4-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
Uniform Construction Codes — See Ch. 92.
Illicit discharges — See Ch. 107.
Zoning — See Ch. 200.

§ 88-1. Definitions.

The terms in this chapter shall have the same meanings as set forth in Article XIII of Chapter 200 of the Village Code.[1]
[1]
Editor's Note: See Ch. 200, Zoning.

§ 88-2. Stormwater pollution prevention plan.

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article XIII of Chapter 200 shall be required. The approved erosion control permit shall be consistent with the provisions of this local law.

§ 88-3. Construction inspection.

A. 
Erosion and sediment control inspection.
(1) 
The Village of Munsey Park Stormwater Management Officer may require such inspections as necessary to determine compliance with Article XIII of Chapter 200 of the Village Code and the chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Munsey Park enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the construction season.
(g) 
Completion of final landscaping.
(h) 
Successful establishment of landscaping in public areas.
(2) 
If any violations are found, the applicant and the developer shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
B. 
Stormwater management practice inspections. The Village of Munsey Park Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
C. 
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
D. 
Submission of reports. The Village of Munsey Park Stormwater Management Officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law.
E. 
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Village of Munsey Park the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 88-3C.

§ 88-4. Performance guarantee.

A. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of Munsey Park in its approval of the stormwater pollution prevention plan,[1] the Village of Munsey Park may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village of Munsey Park as the beneficiary. The security shall be in an amount to be determined by the Village of Munsey Park based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Village of Munsey Park, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Village of Munsey Park. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
[1]
Editor's Note: See Art. XIII, Stormwater Control, in Ch. 200, Zoning.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Village of Munsey Park with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Village of Munsey Park may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The Village of Munsey Park may require entities subject to this law to maintain records demonstrating compliance with this law.

§ 88-5. Enforcement; penalties for offenses.

A. 
Notice of violation. When the Village of Munsey Park determines that a land development activity is not being carried out in accordance with the requirements of Article XIII of Chapter 200 of the Village Code or this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1) 
The name and address of the landowner, developer or applicant.
(2) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring.
(3) 
A statement specifying the nature of the violation.
(4) 
A description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action.
(5) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(6) 
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
B. 
Stop-work orders. The Village of Munsey Park may issue a stop-work order for violations of this law. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village of Munsey Park confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law.
C. 
Violations. Any land development activity that is commenced or is conducted contrary to this local law may be restrained by injunction or otherwise abated in a manner provided by law.
D. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, 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 six months, 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 six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this local law, the Stormwater Management Officer may prevent the occupancy of said building or land.
F. 
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village of Munsey Park may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 88-6. Fees for services.

The Village of Munsey Park may require any person undertaking land development activities regulated by Article XIII of Chapter 200 of the Village Code or this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Munsey Park or performed by a third party for the Village of Munsey Park.

Chapter 91. Construction and Services

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 10-10-2001 by L.L. No. 2-2001; amended in its entirety 4-13-2005 by L.L. No. 3-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
Noise — See Ch. 119.
Property maintenance — See Ch. 139.
Zoning — See Ch. 200.

§ 91-1. Time limitations for performance of duties.

No construction or work or services of any kind relating to any lot or building or structure in Munsey Park shall be performed by any workman or contractor on Sunday or other than between the hours of 8:00 a.m. and 6:00 p.m. on any other day, except that the plowing or other removal or moving of snow shall be permitted on property in the Business District on any day between the hours of 6:00 a.m. and 11:00 p.m.

§ 91-2. Penalties for offenses.

[Amended 6-10-2015 by L.L. No. 2-2015]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Chapter 92. Construction Codes, Uniform

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 12-13-2006 by L.L. No. 2-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 6.
Building construction — See Ch. 87.
Construction and services — See Ch. 91.
Exterior lighting — See Ch. 112.
Plumbing — See Ch. 136.
Protective restrictions — See Ch. 141.
Zoning — See Ch. 200.
Fees — See Ch. A208.
[1]
Editor's Note: This local law also stated that if any of its provisions conflicts with any provision of Ch. 87, Building Construction and Fire Prevention, this Ch. 92 will apply and that, in all other respects, the provisions of Ch. 87 will remain in full force and effect.

§ 92-1. Purpose and intent.

This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.

§ 92-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 92-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 92-7B and C of this chapter.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 92-7A and C of this chapter.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 92-3B of this chapter. The Village Building Inspector shall be the Code Enforcement Officer within the meaning of this chapter.
CODE ENFORCEMENT PERSONNEL
Shall include the Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 92-15A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 92-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 92-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 92-6 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 92-7E of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Munsey Park.

§ 92-3. Code Enforcement Officer and inspectors.

A. 
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits; firesafety and property maintenance inspections, inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to Subsection A of § 92-15 (Enforcement; penalties for offenses) of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of this Village;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this Village's Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Code Enforcement Officer shall be appointed by the Board of Trustees. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Board of Trustees to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
D. 
One or more inspectors may be appointed by the Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees of this Village.

§ 92-4. Building permits.

A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B. 
Exemptions. No building permit shall be required for work in any of the following categories. However, this shall not make the work exempt from requirements of the Zoning Ordinance, including but not limited to setback and other yard requirements:
(1) 
Installation of swings and other playground equipment associated with a one-family dwelling, if they comply with setback requirements in the Zoning Ordinance;
(2) 
Installation of swimming pools associated with a one-family dwelling where such pools are designed for a water depth of less than 24 inches and are installed entirely above the ground, if they comply with setback requirements in the Zoning Ordinance;
(3) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(4) 
Installation of partitions or movable cases less than five feet nine inches in height;
(5) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(6) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(7) 
Replacement of any equipment, provided that the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(8) 
Interior repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall or partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire-protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code or the Village Zoning Ordinance.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
E. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and the Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and the Energy Code and the Village Zoning Ordinance.
G. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
I. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
J. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code, the Energy Code, and the Village Zoning Ordinance; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code, and the Village Zoning Ordinance.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-16 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
L. 
If a building permit has been approved, and the applicant then resubmits the construction plans for revisions, the applicant shall pay an additional fee in such amount as to be set by the Board of Trustees from time to time.
[Added 5-14-2008 by L.L. No. 1-2008]

§ 92-5. Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-16 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 92-6. Stop-work orders.

A. 
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, the Energy Code, and Village Zoning Ordinance, without regard to whether such work is or is not work for which a building permit is required and without regard to whether a building permit has or has not been issued for such work; or
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer;
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 92-15 (Enforcement; penalties for offenses) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 92-7. Certificates of occupancy; certificates of compliance.

A. 
Certificates of occupancy required. A certificate of occupancy shall be required for all new construction which is the subject of a building permit or as otherwise required in Chapter 87.
B. 
Certificates of compliances required. A certificate of compliance shall be required for all other work which is the subject of a building permit and for which a certificate of occupancy is not required.
C. 
Issuance of certificates of occupancy and certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy or certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and the Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of compliance:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
D. 
Contents of certificates of occupancy and certificates of compliance. A certificate of occupancy and certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy or certificate of compliance and the date of issuance.
E. 
Temporary certificate. With approval of the Board of Trustees, the Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines 1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; 2) that any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and 3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Board of Trustees and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
F. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-16 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy or certificate of compliance or for a temporary certificate.

§ 92-8. Notification regarding fire or explosion.

The Chief of any fire department providing fire-fighting services for a property within this Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 92-9. Unsafe building and structures.

Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by § 87-21 of the Village Code, as now in effect or as hereafter amended from time to time.

§ 92-10. Operating permits.

A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(b) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of this Village.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation. This section will not be deemed to grant any right to such operating permit to any person.
B. 
Applications for operating permits. Notwithstanding any other provision of this chapter, no operating permit shall be issued unless approved by the Board of Trustees of the Village in its sole discretion. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer and by the Board of Trustees of the Village in its sole discretion.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-16 (Fees) of this chapter must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 92-11. Firesafety and property maintenance inspections.

A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) shall be performed at least once every 12 months.
B. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy or of any dwelling unit may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or 3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-16 (Fees) of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.

§ 92-12. Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 92-15 (Enforcement; penalties for offenses) of this chapter;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 92-13. Recordkeeping.

A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by § 92-4 through 92-12, inclusive, of this chapter; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.

§ 92-14. Program review and reporting.

A. 
The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 92-13 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code.

§ 92-15. Enforcement; penalties for offenses.

A. 
Compliance orders.
(1) 
The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Code Enforcement Officer;
(c) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, the Village Code, or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(e) 
Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2) 
The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
C. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy or certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of or to enforce any provision of the Uniform Code, the Energy Code, the Village Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code, the Village Code, or this chapter, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Board of Trustees of this Village.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 92-6 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 92-6 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 92-16. Fees.

A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications; the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates, operating permits; firesafety and property maintenance inspections; and other actions of the Code Enforcement Officer described in or contemplated by this chapter.

§ 92-17. Intermunicipal agreements.

The Board of Trustees of this Village may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

Chapter 94. Fees and Deposits

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
Fees — See Ch. A208.

Article I. Zoning Applications

[Adopted 4-11-2007 by L.L. No. 3-2007]

§ 94-1. Establishment of schedule of fees and deposits.

The Board of Trustees may, from time to time, establish and amend a schedule of fees and deposits for zoning applications to the Village, the Village Clerk, and the Village's boards, departments, committees, and commissions as such Board may deem appropriate.

§ 94-2. Payment required before processing of application.

No application to the Village, the Village Clerk, or the Village's boards, departments, committee, or commissions shall be processed unless all of the requisite fees and deposits, if any, have been provided. In the event that, at any time during an application process, an additional fee or deposit is required, the processing of such application shall be stopped until such additional fee or deposit is provided.

§ 94-3. Form of payment.

At the option of the Village Clerk, all fees and deposits shall be paid by cash, bank check, or certified check, payable to the order of Village Clerk, Village of Munsey Park. Payments made other than by cash, bank check, or certified check shall be accepted subject to collection, and the processing of the application for which such other checks have been made may be stayed pending collection. In the event that any check is not honored for whatever reason, any fees or other charges caused to the Village by virtue of such dishonor shall be reimbursed to the Village as an additional application fee, and all future payments by such applicant shall be accepted only if made by cash, bank check, or certified check.

§ 94-4. Applications to Board of Trustees.

A. 
An application to the Board of Trustees shall be accompanied by such fee as may be determined from time to time by resolution of the Board of Trustees.
B. 
Costs; legal fees.
(1) 
In addition to any filing fees that may be set by the Board of Trustees, on any application to such Board for rezoning, the applicant shall be liable for and shall pay the following costs that may be incurred by the Village in processing the application:
(a) 
Advertising.
(b) 
Stenographic minutes of meeting and hearings.
(c) 
Engineering cost for the Village Engineer.
(d) 
Planning, sound, traffic, environmental or specialized study or consultant's fees.
(e) 
Legal fees for the Village Attorney, which shall be charged at an hourly rate, approved by the Board of Trustees, multiplied by the number of hours or portions thereof that the office of the Village Attorney actually spends on the application, but in no event in excess of the maximum number of hours set forth below:
[1] 
Application in which no environmental impact statement is required: 10 hours.
[2] 
Application in which an environmental impact statement is required: 20 hours.
(2) 
All the foregoing fees and costs shall be consistent with fees for services then prevailing in the community.
C. 
Deposits:
(1) 
In addition to any application fee, the applicant shall deposit with the Village Clerk a sum of money to be used by the Village to defray the costs listed in Subsection B hereof which are actually and necessarily incurred by the Village in processing and reviewing the application. The sum deposited may be set from time to time by resolution of the Board of Trustees.
(2) 
In the event that the amount of the deposit is insufficient to cover the costs listed in Subsection B hereof, the applicant shall, at such time is fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such cost. If the amount deposited exceeds the actual costs listed in Subsection B, the unused portion of such deposit shall be returned to the applicant within 60 days after the decision on the application is filed.

§ 94-5. Applications to Board of Appeals.

A. 
An application for an appeal or for a variance or for an interpretation shall be accompanied by such fee as may be determined from time to time by resolution of the Board of Trustees.
B. 
Costs; legal fees.
(1) 
On all applications to the Board of Appeals, the applicant shall be liable for and shall pay the following costs that may be incurred by the Village in processing the application.
(a) 
Advertising.
(b) 
Stenographic minutes of meeting and hearings.
(c) 
Engineering cost for the Village Engineer.
(d) 
Planning, sound, traffic, environmental or specialized study or consultant's fees.
(e) 
Legal fees for the Village Attorney, which shall be charged at an hourly rate, approved by the Board of Trustees, multiplied by the number of hours or portions thereof that the office of the Village Attorney actually spends on the application, but in no event in excess of the maximum number of hours set forth below:
[1] 
Application in which no environmental impact statement is required: 10 hours.
[2] 
Application in which an environmental impact statement is required: 20 hours.
[3] 
All the foregoing fees and costs shall be consistent with fees for services then prevailing in the community.
C. 
Deposits.
(1) 
In addition to any application fee, the applicant shall deposit with Village Clerk a sum of money to be used by the Village to defray the costs listed in Subsection B hereof which are actually and necessarily incurred by the Village in processing and reviewing the application. The sum deposited may be set from time to time by resolution of the Board of Trustees.
(2) 
In the event that the amount of the deposit is insufficient to cover the cost listed in Subsection B hereof, the applicant shall, at such time is fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such cost. If the amount deposited exceeds the actual cost listed in Subsection B, the unused portion of such deposit shall be returned to the applicant within 60 days after the decision on the application is filed.

§ 94-6. Affect on other obligations.

This chapter shall not affect any obligation set forth in any other chapter of the Village Code to pay fees or to provide for the payment and recovery of any direct or indirect costs and expenses of the Village.

Chapter 96. Filming

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 2-11-2004 by L.L. No. 1-2004 (Sec. G117 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 119.
Zoning — See Ch. 200.

§ 96-1. Purpose.

The Village has received a number of requests in recent years to use public and private areas of the Village for purposes of commercial filming. The Board of Trustees finds that it is in the public interest to require a permit for such uses, to establish standards that will govern applications for these permits, and to minimize the impact of such activity on the residential community.

§ 96-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The recording for commercial or business use on film, video or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sports events or other similar events or activities, excluding still photography. As used herein, "filming" shall include the use of public or private property for persons, equipment, vehicles, props, cameras and any other items or materials used in connection with such filming. The filming of home movies or videos intended for the exclusive use of the owner and his/her immediate family are exempt from this chapter and are not included within the definition of filming.
VILLAGE
The Incorporated Village of Munsey Park.

§ 96-3. Permit required.

No person, firm, association, or corporation shall commence filming within the Village unless a permit therefor has been issued by the Village Board of Trustees.

§ 96-4. Application for permit.

A. 
An application for a filming permit shall be made on forms provided by the Village Clerk and shall contain at least the following information:
(1) 
Name, address and telephone number of the person or entity making the film.
(2) 
Name, address and telephone number of the location coordinator or other contact person.
(3) 
Purpose of the filming.
(4) 
Specific location of each property to be used in the filming.
(5) 
Dates and times of the day that the property will be used.
(6) 
Name and address of the property owner.
(7) 
Consent of the owner of the property.
(8) 
Such other information as may be required by the Village Board of Trustees.
B. 
The Village Board of Trustees may grant, deny, or grant the permit with restrictions and/or conditions. In its discretion, the Board of Trustees may require a public hearing on the application, and then, not less than 10 and no more than 20 days before the date of the public hearing, the applicant shall serve, by certified mail, return receipt requested, a written notice of the hearing, in a form to be approved by the Village, upon all property owners within 500 feet of any location of the proposed filming and upon the Nassau County Police Department and the Manhasset-Lakeville Fire Department. Proof of such service shall be filed with the Village Clerk prior to the public hearing.
C. 
The Village Board of Trustees may deny an application for a filming permit if it determines that such filming will create a dangerous condition, unreasonably interfere with the use of the Village streets or public places, or create a nuisance to the Village residents.

§ 96-5. Permit restrictions.

A. 
Every permit shall contain a date of commencement and expiration as well as the specific hours during which filming may occur.
B. 
At no time shall filming or use of equipment be conducted between the hours of 11:00 p.m. and 8:00 a.m., unless the Village Board of Trustees provides for different hours in the permit.
C. 
No filming shall commence prior to 10:00 a.m. on Sundays.
D. 
The Village Board may vary any provisions of the Village Code regarding noise or lighting, provided such variances do not create a dangerous condition and are consistent with the public health, safety and wealth.
E. 
The Village Board of Trustees may place further reasonable limitations on the hours of operation based on the needs of the particular neighborhood or the existence of conflicting scheduling events.

§ 96-6. Fees and deposits.

[Amended 7-10-2013 by L.L. No. 5-2013]
A. 
Fee. The fee for a filming permit shall be $500, which shall be paid in cash or check three days prior to the issuance of the permit.
B. 
Liability for expenses of the Village. The applicant shall be liable for and shall pay any and all fees and expenses incurred by the Village with regard to the filming, including but not limited to repairing Village property damaged during the filming, using Village personnel or equipment for purposes related to filming and outside of the normal course of Village business, and legal fees of the Village Attorney. Such legal fees shall be charged at an hourly rate, approved by the Board of Trustees, multiplied by the number of hours or portions thereof that the office of the Village Attorney actually spends on the application, the preparation of the permit, and ensuring compliance with the terms and conditions of the permit. All the foregoing fees and expenses shall be consistent with fees for services then prevailing in the community.
C. 
Deposits. Before the issuance of any filming permit, the applicant shall deposit with the Village Clerk the sum of $15,000 to be used by the Village to defray the expenses listed in Subsection B hereof which are actually and necessarily incurred by the Village. If the deposit is insufficient to cover the expenses listed in Subsection B hereof, the applicant shall, at such time as fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such expenses. If the amount deposited exceeds the actual expenses listed in Subsection B, the unused portion of such deposit shall be returned to the applicant within 60 days after the conclusion of the filming for which a permit is granted.
D. 
Form of payment. All fees and deposits required by this section shall be paid in the same manner as set forth in § 94-3 of the Village Code.

§ 96-7. (Reserved)

[1]
Editor’s Note: Former § 96-7, Incidental cost, was repealed 7-10-2013 by L.L. No. 5-2013.

§ 96-8. Insurance and bond.

No permit shall be issued until the applicant has deposited with the Village Clerk a certificate or policy of general liability insurance, including personal injury and property damage liability, in the amounts and in a form to be set by the Village Board of Trustees in granting the permit, providing a defense and indemnity from and against any claim, loss or damage resulting from the filming for which the permit is issued. Such insurance will name the Village, its officers, employees and representatives as additional insureds.

§ 96-9. Suspension and revocation of permit.

A. 
The Village Clerk or such other Village official who may be designated in the permit may suspend or revoke a filming permit issued for any of the following reasons:
(1) 
Violation of any law, rule or regulation of the United States, the State of New York, the County of Nassau, the Village or any department or agency thereof.
(2) 
Violation of any condition of the permit.
(3) 
Conduct that is detrimental to the health, safety or welfare of the public.
B. 
A decision of the Village Clerk or such other Village official to suspend or revoke a permit may be appealed to the Board of Trustees, whose decision thereon shall be final. This decision may be reviewed under the New York Civil Practice Law and Rules by an Article 78 proceeding brought within 30 days of the filing of the decision of the Board of Trustees in the Village Clerk's office.
C. 
In the event that a permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.

§ 96-10. Penalties for offenses.

A. 
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any provision of this chapter or any determination made hereunder, or who shall undertake filming without a permit therefor, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than fifteen days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation.
B. 
In addition to the penalties set forth herein above, a violation of this chapter shall constitute disorderly conduct, and the Village may enforce any provision of this chapter by injunction or by civil action to recover a civil penalty in an amount not to exceed $10,000 for each violation.

Chapter 98. Firearms

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Secs. G105-3 and G105-4 of the 1971 Code. Amendments noted where applicable.]

§ 98-1. Firearm restrictions.

Except for law enforcement officers in the discharge of their official duties, no person shall fire or discharge any gun, rifle, pistol, revolver or other firearms in the Incorporated Village of Munsey Park, nor shall any person use or discharge rockets or aerial salutes, firecrackers, aerial bombs, shells, or balloons which are operated by a lighted substance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 98-2. Definitions.

[Added 7-14-1993 by L.L. No. 2-1993]
For the purposes of this chapter, the following terms shall have the meanings indicated:
FIREARM
Includes any rifle, pistol or other gun which uses compressed air or gas as a propellant to fire or discharge a projectile.

§ 98-3. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 99. Flood Damage Prevention

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 2-10-2009 by L.L. No. 1-2009; amended in its entirety 6-10-2009 by L.L. No. 2-2009.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 87.
Administration and enforcement of stormwater management — See Ch. 88.
Construction and services — See Ch. 91.
Uniform construction codes — See Ch. 92.
Illicit discharges — See Ch. 107.
Zoning and stormwater control — See Ch. 200.
[1]
Editor's Note: This chapter also provided that the Village Clerk shall submit one copy of the Department of State's Local Law Acknowledgment to the New York State Department of Environmental Conservation at both its Central Office and its Regional Office.

§ 99-1. Findings; participation in National Flood Insurance Program.

A. 
This Board finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.
B. 
This Board further finds that it is in the best interests of the property owners of the Village to enable them to participate in the National Flood Insurance Program established pursuant to 42 U.S.C. § 4001 et seq.

§ 99-2. Purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Regulate uses which are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. 
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
D. 
Control filling, grading, dredging, and other development which may increase erosion or flood damages;
E. 
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
F. 
Qualify for and maintain participation in the National Flood Insurance Program.

§ 99-3. Objectives.

A. 
To protect human life and health;
B. 
To minimize expenditure of public money for costly flood control projects;
C. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
To minimize prolonged business interruptions;
E. 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets, and bridges located in areas of special flood hazard;
F. 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. 
To provide that developers are notified that property is in an area of special flood hazard; and
H. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 99-4. Word usage; definitions.

A. 
For the purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory.
B. 
As used in this chapter, the following terms shall have the meanings indicated.
APPEAL
A request for a review of the Building Inspector's interpretation of any provision of this chapter or a request for a variance.
BASEMENT
That portion of a building having its flood subgrade (below ground level) on all sides.
BUILDING
Has the same meaning as "structure."
CELLAR
Has the same meaning as "basement."
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete, or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
DEC
The State Department of Environmental Conservation.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation, or drilling operations, or storage of equipment or materials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the Village.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading of the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
(1) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) 
The overflow of inland or tidal waters; and/or
(b) 
The unusual and rapid accumulation or runoff of surface waters from any source.
(2) 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1).
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source. (See definition of "flood").
FLOODPROOFING
Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The Building Inspector, who is the person appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
PERSON
Any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.
START OF CONSTRUCTION
Includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project, and any other physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), stomp trailers, and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.
STATE
The State of New York.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Building Inspector and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation.

§ 99-5. Interpretation and conflict with other laws.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

§ 99-6. Required action by Building Inspector.

A. 
The Building Inspector, as both the Building Inspector and the local administrator, is responsible for receiving applications, examining the plans and specifications, and issuing permits for the proposed construction or development. The fees for building permits shall be set from time to time by the Board of Trustees.
B. 
No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, shall be commenced until a separate permit has been obtained from the Building Inspector for each change.
C. 
No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the Building Inspector.

§ 99-7. Permit requirements.

A. 
No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate permit for each building or structure from the Building Inspector, as part of such person's building permit application process.
B. 
No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, shall be commenced until a separate permit has been obtained from the Building Inspector for each change.
C. 
No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the Building Inspector.

§ 99-8. Permitting procedures.

A. 
After reviewing the application, the Building Inspector shall require any additional measures that are necessary to meet the minimum requirements of this chapter.
B. 
The Building Inspector shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, as such may be amended from time to time.
C. 
The Building Inspector shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall:
(1) 
Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;
(2) 
Be constructed with materials and utility equipment resistant to flood damage; and
(3) 
Be constructed by methods and practices that minimize flood damage.
D. 
The Building Inspector shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
(2) 
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided to reduce exposure to flood hazards.
E. 
The Building Inspector shall require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the systems.
F. 
The Building Inspector shall require within flood-prone areas:
(1) 
New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(2) 
On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.

§ 99-9. Variances.

A. 
The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(1) 
Variances shall be based upon a hardship that runs with the land and shall not be issued for economic or other personal hardships.
(2) 
Variances shall be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in significant hardship; and
(c) 
A determination that the variance will not result in increased flood risks, create nuisances, cause fraud or victimization of the public, or conflict with existing laws and ordinances.
(3) 
Variances to this chapter shall be consistent with requirements for variances from other local and state law, code, or regulation.
B. 
The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this chapter.
C. 
Those aggrieved by a decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
D. 
In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and
(1) 
The danger that materials may be swept onto other lands to the injury of others;
(2) 
The danger to life and property due to flooding or erosion damage;
(3) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) 
The importance of the services provided by the proposed facility to the community;
(5) 
The necessity to the facility of a waterfront location, where applicable;
(6) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) 
The compatibility of the proposed use with existing and anticipated development;
(8) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(9) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) 
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;
(11) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(12) 
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems and streets and bridges.
E. 
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. 
The Building Inspector shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request.

Chapter 104. Handbills

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 5-8-1985 by L.L. No. 2-1985 (Sec. G119 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 132.
Littering — See Ch. 151.

§ 104-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OBJECTING RESIDENCE
A residence from the 15th day after the Village Clerk lists it on a list of objecting residences, which list shall be available for inspection and copying during business hours at the Village Office, until deleted from such list.
PERSON
A natural person, firm, partnership, corporation or other entity and, in the case of a minor, shall include a parent or guardian.
UNSOLICITED ADVERTISING MATERIAL
Any handbill, circular, pamphlet, leaflet, booklet, product, merchandise, commodity or newspaper which advertises or otherwise promotes in whole or any part thereof any business enterprise and which is not delivered to a residence pursuant to agreement with an occupant thereof.

§ 104-2. Prohibited acts.

In order to control litter, preserve privacy and avoid giving notice of unoccupied residences, no person shall deliver or cause to be delivered, except by mail, any unsolicited advertising material to any objecting residence or any other residence by placing it upon any street, sidewalk, driveway or lawn or delivering it in any manner other than placing it in the hands of an occupant of such residence or by affixing it, closed in a manner as to prevent scattering, in a door handle, and the door or its jamb, or between the door and its outer auxiliary door.

§ 104-3. List of objecting residences.

The Village Clerk shall maintain a list of the name of each occupant and address of such occupant's residence who has requested in writing that no delivery of unsolicited advertising material be made to such residence and shall delete from such list the name and address of each occupant requesting in writing such deletion or who has ceased to reside in such residence. The Village Clerk shall furnish a copy of the list of objecting residences to each person who has registered pursuant to § 104-4 hereof and shall from time to time mail changes in such lists to such persons.

§ 104-4. Registration of distributors.

A. 
No person shall deliver or cause to be delivered, except by mail, any unsolicited advertising material to any residence until such person shall have registered with the Village Clerk by delivering to such Clerk a completed registration in such form as such Clerk shall prescribe:
(1) 
Describing the unsolicited advertising material and the proposed distribution;
(2) 
Setting forth the names, addresses and telephone numbers of all persons distributing it or causing its distribution; and
(3) 
Containing the agreement of each such person to make such distribution only in the manner and to the residences contemplated by § 104-2 hereof.
B. 
The Village Clerk shall maintain a file of completed registrations of persons so registered and shall discard such forms upon completion of the distribution described therein.

§ 104-5. Penalties for offenses.

Each delivery to each residence by each person making a delivery or causing a delivery in violation of § 104-2 or 104-4 shall constitute a separate offense, punishable as provided in Chapter 1, General Provisions, Article II, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 107. Illicit Discharges

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 3-14-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
Administration and Enforcement of Stormwater Management — See Ch. 88.
Uniform Construction Codes — See Ch. 92.
Zoning — See Ch. 200.

§ 107-1. Legislative intent.

The purpose of this chapter is to provide for the health, safety, and general welfare of the residents of the Village through the regulation of connections to MS4s and the regulation of nonstormwater discharges to MS4s to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into MS4s in order to comply with requirements of the DEC SPDES general permit (GP-02-02) for MS4s. The objectives of this chapter are:
A. 
To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02, as amended and revised;
B. 
To regulate the contribution of pollutants to MS4s, since such systems are not designed to accept, process, or discharge nonstormwater wastes;
C. 
To prohibit unauthorized and illicit connections, activities, and discharges to the Village's MS4;
D. 
To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter; and
E. 
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment, and other pollutants into MS4s.

§ 107-2. Definitions.

Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated:
BEST MANAGEMENT PRACTICES
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention, educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage, leaks, sludge, water disposal, and drainage from raw materials storage.
BMPS
Best management practices.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as amended and revised.
CONSTRUCTION ACTIVITY
Activities requiring authorization under a DEC SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended and revised, or activities covered by erosion and sediment control or pollution prevention plan laws, rules, or regulations of the Village. Such activities include construction projects resulting in land disturbance equal to, or greater than, the area stipulated in statutes or regulations of the state, the county, or the Village, whichever is most restrictive. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
COUNTY
The County of Nassau.
DEC
The State Department of Environmental Conservation.
DESIGN PROFESSIONAL
A state-licensed professional engineer or registered architect.
HAZARDOUS MATERIALS
Any material, including any substance or waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment.
ILLICIT ACTIVITY
Any action or condition, active or passive, which results in nonstormwater entering the Village's MS4 or into an MS4 that tributaries into the Village's MS4.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Village's MS4 or into an MS4 that tributaries into the Village's MS4, including, but not limited to:
A. 
Any conveyances which allow any nonstormwater discharge, including, but not limited to, treated or untreated sewage, process wastewater, and wash water, to enter the Village's MS4, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency;
B. 
Any drain or conveyance connected from a commercial or industrial land use to the Village's MS4 which has not been documented in plans, maps, or equivalent records and approved by the Village;
C. 
Any building's or other structure's floor drain or trench drain; and
D. 
Any unauthorized connection as defined elsewhere in this chapter.
ILLICIT DISCHARGE
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the Village's MS4 or into an MS4 that tributaries into the Village's MS4, except as exempted in § 107-5B of this chapter.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential households, or a private, commercial, or institutional facility that treats sewage or other liquid wastes for discharge into the groundwaters of the state, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended and revised.
MS4
A municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances and retention and infiltration facilities, including, but not limited to, roads with drainage systems, curbs and gutters on municipal streets, manholes, catch basins, ditches, man-made channels, storm drains, stormwater basins, drainage reserve areas, dry wells, and all other components of a stormwater system, that is:
A. 
Owned or operated by the Village or another municipal entity;
B. 
Designed or used for collecting, conveying, storing, infiltrating, and/or managing stormwater;
C. 
Not a combined sewer; and
D. 
Not part of a publicly owned treatment works, as defined in 40 CFR 122.2.
NONSTORMWATER DISCHARGE
Any discharge to an MS4 that is not composed entirely of stormwater.
PERSON
Any individual, association, organization, partnership, firm, corporation, or other entity recognized by law.
POLLUTANT
Any of the following which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the pertinent standards promulgated by the federal government, the state, the Village or any other municipality or department thereof, having legal jurisdiction to impose such standards: dredged spoil; filter backwash; solid waste; incinerator residue; treated or untreated sewage, garbage, and sewage sludge; munitions; chemical wastes; biological, radioactive, and hazardous materials; heat; wrecked or discarded equipment; industrial, municipal, and agricultural waste; ballast discharged into water; paints, varnishes, and solvents; oil and other automotive fluids; hazardous and nonhazardous liquid and solid wastes; yard wastes, including branches, grass clippings, and leaves; refuse, rubbish, garbage, litter, and other discarded or abandoned objects and accumulations so that same may cause or contribute to pollution; discharges of soaps, detergents, and floatables; pesticides, herbicides, and fertilizers; sewage, fecal coliforms, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building, structure, or site improvements; cement, rock, gravel, sand, silt, mud, other soils; and all other noxious or offensive matter of any kind.
PREMISES
Any lot, parcel of land, or portion of land, whether improved or unimproved, and all of the buildings and other structures thereon, including adjacent sidewalks and parking strips.
SPDES
State pollutant discharge elimination system.
SPDES STORMWATER DISCHARGE PERMIT
A permit issued by the DEC that authorizes the discharge of pollutants to waters of the state.
A. 
Discharge compliance with water quality standards. The condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 SPDES permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d)-listed waters. The condition in an MS4 SPDES permit that applies where the MS4 discharges to a DEC 303(d)-listed water. Under this condition, the MS4's stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d)-listed water.
C. 
TMDL strategy. The condition in an MS4 SPDES permit where a TMDL, including requirements for control of stormwater discharges, has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the MS4 was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. 
The condition in an MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition, the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE
State of New York.
STORMWATER
Rainwater, surface runoff, subsurface drainage, and snowmelt.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Village engineer, or other public official designated to enforce this chapter. The SMO may also be designated by the Village to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board, and inspect stormwater management practices.
303(D) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial) are impaired by pollutants, prepared periodically by the DEC as required by Section 303(d) of the Clean Water Act. The 303(d)-listed waters are estuaries, lakes, and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
UNAUTHORIZED CONNECTION
A permanent or temporary unapproved direct or indirect conveyance to the Village's MS4. Any connection, pipe, hose, or other conveyance, whether permanent or temporary, that is not documented on plans, maps, or equivalent records signed by the SMO or that is not approved by a permit issued by the SMO is considered unauthorized, regardless of whether the discharge is otherwise allowed by this chapter.
UNCONTAMINATED
Not having any pollutants.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is, or will be, discarded.

§ 107-3. Applicability.

This chapter shall apply to discharge connections to the Village's MS4. This includes activities that result in discharge, seepage, or deposition into the Village's MS4 and all water entering the Village's MS4 generated on any premises unless explicitly exempted by an authorized enforcement agency and allowed by a discharge or connection permit or other document approved by the SMO. This chapter shall also apply to discharges and connections entering another MS4 that is tributary to the Village's MS4.

§ 107-4. Responsibility for administration.

The Stormwater Management Officer (SMO) shall administer, implement, and enforce the provisions of this chapter.

§ 107-5. Discharge prohibitions; exceptions.

A. 
Prohibition of illegal discharges.
(1) 
No person shall discharge or cause to be discharged into the Village's MS4 any illicit discharge or any other materials other than stormwater, except as provided in Subsection B hereof.
(2) 
No person shall permit, tolerate, or allow to be discharged from his/her premises into the Village's MS4 any illicit discharge or any other materials, other than stormwater, except as provided in Subsection B hereof.
B. 
Exceptions:
(1) 
The following discharges are exempt from discharge prohibitions established by this chapter, unless they are subsequently determined to be substantial contributors of pollutants: water line flushing, flushing from other potable water sources, uncontaminated landscape irrigation, lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater from foundation or footing drains, uncontaminated crawl space or basement sump pump discharges, air-conditioning condensate, uncontaminated irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. When deemed appropriate by the SMO, such exempt discharges shall be made in accordance with a plan for reducing pollutants.
(2) 
Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws, rules, and regulations, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this chapter.
(3) 
Dye testing in compliance with applicable state and local laws, rules, and regulations is an allowable discharge but requires a verbal notification to the SMO prior to the time of the test.
(4) 
Any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the DEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws, rules, and regulations, and provided that written approval has been granted for any discharge to the Village's MS4 by the SMO.

§ 107-6. Prohibition of unauthorized connections.

A. 
Connections to the Village's MS4 without a permit are prohibited.
(1) 
The construction, use, maintenance, or continued existence of an unauthorized connection to the Village's MS4 is prohibited.
(2) 
The prohibitions in this section expressly include not only future connections but also, without limitation, connections made in the past, regardless of whether the connection was permissible under law, rule, regulation, or practice applicable or prevailing at the time of the connection.
(3) 
The connection of interior floor drains and trench drains at the entrances to buildings or other structures is prohibited.
B. 
No person shall, or shall cause another, to construct, use, maintain, or continue to use or maintain an unauthorized connection to the Village's MS4.
C. 
No person shall permit, tolerate, or allow an unauthorized connection from his/her premises to the Village's MS4.

§ 107-7. Prohibition against failing individual sewage treatment systems.

No persons shall operate a failing individual sewage treatment system in areas tributary to the Village's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
A. 
The backup of sewage into a structure.
B. 
Discharges of treated or untreated sewage onto the ground surface.
C. 
A connection or connections to a separate stormwater sewer system.
D. 
Liquid level in the septic tank above the outlet invert.
E. 
Contamination of off-site groundwater.
F. 
Structural failure of any components of the individual sewage treatment system that could lead to any of the other failure conditions as noted above in this section.

§ 107-8. Prohibition against activities contaminating stormwater or unauthorized connection.

A. 
Activities that are subject to the requirements of this section are those types of activities that:
(1) 
Cause or contribute to a violation of the Village's MS4 SPDES permit.
(2) 
Cause or contribute to the Village being subject to special conditions.
(3) 
Cause or contribute to the Village's MS4 receiving pollutants.
(4) 
Cause or contribute to the Village's MS4 receiving discharges from an unauthorized connection.
B. 
Such activities include failing individual sewage treatment systems as defined in § 107-7 of this chapter, improper management of pet waste, and any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C. 
Upon notification to a person that he/she is engaged in activities that cause or contribute to violations of the Village's MS4 SPDES permit authorization or cause or contribute to pollutants being discharged into the Village's MS4, that person shall immediately take all reasonable and necessary actions to correct such activities and thereafter continue to use due diligence to correct such activities so that he/she no longer causes or contributes to violations of the Village's MS4 SPDES permit authorization or causes or contributes to pollutants to be discharged or deposited into the Village's MS4.

§ 107-9. Prevention, control, and reduction of stormwater pollutants by use of BMPs.

A. 
BMPs. Where the SMO has identified illicit discharges or activities contaminating stormwater, the SMO may require implementation of BMPs to control those illicit discharges and activities.
(1) 
The owner, tenant, and operator of a commercial or industrial establishment shall each be responsible, jointly and severally, for assuring that provision is made for reasonable protection from the discharge, accidental or otherwise, of pollutants or other prohibited materials or wastes into the Village's MS4 through the use of structural and nonstructural BMPs.
(2) 
The owner, tenant, and any other person responsible for premises which are or may be the source of an illicit discharge or an activity contaminating stormwater may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants to the Village's MS4 in the most practicable and expeditious manner under the circumstances.
(3) 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.
B. 
Individual sewage treatment systems. Where individual sewage treatment systems are contributing to the Village's MS4 being subject to special conditions, the owner, tenant, and operator of the premises upon which such individual sewage treatment system is located or which are otherwise being serviced by such individual sewage treatment systems shall be required to:
(1) 
Maintain and operate individual sewage treatment systems as follows:
(a) 
Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee.
(b) 
Avoid the use of septic tank additives.
(c) 
Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals.
(d) 
Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash, and other such items.
(2) 
Repair or replace individual sewage treatment systems as follows:
(a) 
Individual sewage treatment systems shall be repaired or replaced in accordance with 10 NYCRR Appendix 75A or, if applicable, the Nassau County Department of Health's Manual of On Site Sewage Disposal, as amended and revised, to the maximum extent practicable.
(b) 
A design professional shall prepare design plans for any type of absorption field that involves:
[1] 
Relocating or extending an absorption area to a location not previously approved for such.
[2] 
Installation of a new subsurface treatment system at the same location.
[3] 
Use of an alternate system or an innovative system design or technology.
(c) 
A written certificate of compliance shall be submitted by the design professional to the Village at the completion of construction of the repair or replacement system.

§ 107-10. Suspension of access to Village's MS4.

A. 
Suspension due to imminent and substantial danger. The SMO may, without prior notice, suspend a person's access to the Village's MS4 when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health, safety, or welfare of persons, to property, or to the Village's MS4. The SMO shall notify the person of such suspension, within a reasonable time thereafter, in writing, of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as he/she deems necessary, in his/her sole discretion, to prevent or minimize damage to the environment, persons, property, or the Village's MS4.
B. 
Suspension due to the detection of illicit discharge or unauthorized connection. Any person discharging to the Village's MS4 in violation of this chapter may have its access to the Village's MS4 terminated if such termination would abate or reduce an illicit discharge or result in the remedy of an unauthorized connection. The SMO shall notify a violator in writing of the proposed termination of its access to the Village's MS4 and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence or that the discharger has obtained proper permission for the connection. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased, or is likely to recur, or the unauthorized connection has not been remedied. A person commits an additional offense if the person reconnects access to the Village's MS4 after such connection had been terminated pursuant to this section if such reconnection is without the prior approval of the SMO.

§ 107-11. Industrial or construction activity discharges.

Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the SMO prior to the allowing of discharges to the Village's MS4.

§ 107-12. Connection permits.

A. 
General. Any connection to the Village's MS4 requires a permit issued by the SMO. Applications for permits shall be made on forms provided by the SMO. Permit applications shall be supplemented by any plans, specifications, analyses, calculations, or other information considered pertinent by the SMO. The Village considers connection to the Village's MS4 as a last resort to solve flooding problems. Before approving a connection, the Village may require that applicants use on-site BMPs to handle stormwater and other authorized nonstormwater discharges to the maximum extent practicable. The SMO may assess the adequacy of the applicant's on-site stormwater disposal BMPs and require additional practices if he/she deems it advisable.
B. 
Permit types.
(1) 
General permit: an authorization for a connection permit and the discharge of stormwater, or authorized nonstormwater, pursuant to § 107-5B(1) of this chapter, from properties occupied by private dwellings.
(2) 
Connection permit: an authorization for a connection and a discharge pursuant to § 107-5B(4) of this chapter. A connection permit may be subject to special terms and conditions by the SMO. The permit will expire on or before the expiration of the DEC SPDES permit, waiver, or order or upon a change of ownership or use of the premises.
(3) 
Special permit: an authorization for a connection permit and the discharge of stormwater, or authorized nonstormwater, pursuant to § 107-5B(1) of this chapter, from all properties occupied by other than private dwellings.
C. 
Permit fees. Fees for permits issued pursuant to this chapter shall be set from time to time by resolution of the Board of Trustees.
D. 
Inspection. All connections to the Village's MS4 shall be subject to the approval of and inspection by the SMO. The applicant must notify the SMO at least 48 hours prior to commencing work and at least 48 hours prior to final restoration.
E. 
Indemnification.
(1) 
To the fullest extent permitted by law, the owner and the applicant, if different from the owner, shall, jointly and severally, indemnify and hold harmless the Village, the Mayor, the Board of Trustees and all of the Village's other elected and appointed officials, employees, agents, representatives, and volunteers (collectively, the "indemnitees") from and against all claims, damages, losses, costs, and expenses, including, but not limited to, attorney's and expert witnesses' fees, arising out of or resulting from its installation and connection to the Village's MS4. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist to an indemnitee.
(2) 
Nothing in this section shall be deemed to provide indemnification which is otherwise prohibited by Article 5 of the General Obligations Law.
(3) 
In any and all claims against the indemnitees by any employee of the owner or the applicant, if different from the owner, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation pursuant to this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the owner or the applicant, if different from the owner, under any workers' compensation acts, disability acts, or other employee benefit acts.
F. 
Acknowledgment. The owner and the applicant, if different from the owner, in making their application, acknowledge that the Village makes no guarantee that the Village's MS4 will not become surcharged or otherwise overburdened and that water from the Village's MS4 will not back up through the connection onto the owner's premises. By making a connection, the owner and the applicant, if different from the owner, assume all of the risk and liability to their premises that may arise from their connection to the Village's MS4.
G. 
Permit transfers. General permits may be transferred with the sale of residential premises, provided the use does not change. The new owner of the premises shall comply with the terms and conditions of the transferred permit. Special permits are not transferable without the approval of the SMO.
H. 
Work within Village roads. Any connection made within or involving work within a Village road must also comply with and be subject to any and all applicable laws, rules, and regulations pertaining to permits for work on and within Village roads. A permit under this chapter shall not relieve the applicant from the obligation to obtain all necessary permits under the foregoing laws, rules, and regulations.
I. 
Other permits required. A connection permit issued pursuant to this chapter does not relieve the applicant from obtaining any and all other applicable permits and permissions, nor from compliance with all other applicable laws, rules, and regulations.
J. 
Permit rules and regulations. The SMO may promulgate rules and regulations for the permitting process set forth within, and subject to the constraints of, this chapter.

§ 107-13. Access and monitoring of discharges.

A. 
Applicability. This section applies to all facilities that the SMO is required or authorized to inspect in order to enforce the provisions of this chapter and whenever the SMO has reason to believe that there may exist a condition that constitutes a violation of this chapter.
B. 
Access to facilities.
(1) 
The SMO shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be reasonable or necessary to determine compliance with this chapter. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.
(2) 
Facility operators shall allow the SMO ready access to all parts of their premises for the purposes of inspection, sampling, examination, and copying of records as may be required to implement this chapter.
(3) 
The Village shall have the right to set up on any facility subject to this chapter such devices as are necessary, in the discretion of the SMO, to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The SMO has the right to require the facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Unreasonable delays in allowing the Village access to a facility subject to this chapter are a violation of this chapter. A person who is the operator of a facility subject to this chapter commits an offense if the person denies the SMO reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter.
(6) 
If the SMO has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter, or any order issued hereunder, then the SMO may seek issuance of a search warrant from the Village Court or any other court of competent jurisdiction.

§ 107-14. Notification of spills.

A. 
Illegal discharges. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or other pollutants discharging into the Village's MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
B. 
Release of hazardous materials. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services and, immediately thereafter, the SMO, the Village Police Department, and the Village Clerk.
C. 
Release of nonhazardous materials. In the event of a release of nonhazardous materials, said person shall notify the SMO in person, by telephone or by facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the SMO within three business days of the in-person or telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

§ 107-15. Enforcement; penalties for offenses.

A. 
Notice of violation. When the SMO finds that a person has violated a prohibition or failed to meet a requirement of this chapter or of a permit issued pursuant to this chapter, he/she may order compliance by written notice of violation to the responsible person. Such notice shall be sent by certified mail, return receipt requested and by first-class mail to the last know owner of the premises based upon the Village's latest assessment records and, in the event that there is a permittee different from such owner, to the permittee in the same manner, and shall be posted upon the premises. Such notice may require, without limitation, any or all of the actions listed below and/or such other action as the SMO, in his/her own discretion, may deem appropriate:
(1) 
That a proper permit be obtained;
(2) 
The elimination of illicit or unauthorized connections or discharges;
(3) 
That violating discharges, practices, operations, activities, or connections shall cease and desist;
(4) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected premises;
(5) 
The performance of monitoring, analyses, and reporting;
(6) 
Payment of a fine and/or restitution for the damages that have occurred as a result of the violation or failure; and
(7) 
The implementation of source control or treatment BMPs.
B. 
Abatement and restoration. If abatement of a violation and/or restoration of affected premises is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline, the work may be performed by the Village and the expense thereof shall be charged to the violator and, if unpaid within 30 days, become a lien upon the violating premises and collected in the same manner as Village real property taxes.
C. 
Penalties. In addition to, or as an alternative to, any penalty provided herein or otherwise by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine of not more than $2,000, 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 of not more than $5,000, 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 of not more than $10,000, or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.

§ 107-16. Appeal of notice of violation.

Any person receiving a notice of violation may appeal within 10 calendar days of its issuance. The SMO shall hear the appeal within 30 days after the filing of the appeal and, within five days of making his/her decision, issue a decision by certified mail to the discharger. The SMO may conduct the hearing and take evidence or may designate another officer or employee of the Village to do so.

§ 107-17. Corrective measures.

A. 
If a violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within five business days of the decision of the SMO, or in the event that access is permitted to the SMO pursuant to the provisions of this chapter, then the SMO shall request the owner's permission to take any and all measures reasonably necessary to abate the violation and/or restore the premises.
B. 
If refused access to the premises, the SMO may seek a warrant in the Village Court or another court of competent jurisdiction to be authorized to enter upon the premises to determine whether a violation is occurring or is reasonably likely to occur if immediate action is not taken. Upon determination that a violation has occurred or is reasonably likely to occur if immediate action is not taken, the Village may seek a court order permitting the Village to take any and all measures reasonably necessary to abate the violation and/or to prevent the violation from occurring and/or to restore the premises. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. In any such action, the Village shall be entitled to its legal costs and expenses, including the fees of attorneys and witnesses, as may be awarded by the court.

§ 107-18. Public nuisance and injunctive relief.

A. 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter.
B. 
Any condition caused or permitted to exist in violation of any of the requirements of this chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance.
C. 
If a person has violated or continues to violate the provisions of this chapter, the Village may petition for a temporary restraining order, preliminary injunction, and/or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. In any such action, the Village shall be entitled to its legal costs and expenses, including the fees of attorneys and witnesses, as may be awarded by the court.

§ 107-19. Alternative remedies.

A. 
Where a person has violated a provision of this chapter, he/she may be eligible for alternative remedies in lieu of a fine, upon recommendation of the prosecuting attorney for the Village and with the concurrence of the SMO, where:
(1) 
The violation was unintentional.
(2) 
The violator has no history of significant previous violations of this chapter.
(3) 
Environmental damage was minimal.
(4) 
The violator acted quickly to remedy the violation.
(5) 
The violator cooperated in the investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops.
(2) 
Storm drain stenciling or storm drain marking.
(3) 
River, stream, or creek cleanup activities.
(4) 
Such other appropriate remedy to which the prosecuting attorney, SMO, violator, and the court may agree.

§ 107-20. Remedies not exclusive.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law, and it is within the discretion of the SMO and of the Village to seek cumulative remedies.

Chapter 112. Lighting, Exterior

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 2-9-1994 by L.L. No. 1-1994 (G123 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 87, Art. III.
Zoning — See Ch. 200.

§ 112-1. Installation of fixtures.

No exterior lighting fixture shall, if necessary, be installed or operated on any property in the Village unless equipped with a reflector, refractor or other similar device which shall prevent the beam of light from such lighting fixture from projecting beyond the boundary line of the property on which that lighting fixture is situated.

§ 112-2. Control of lighting.

No light shall, if necessary, be directed or cast upon any building, structure or other surface which will reflect the beam from such light beyond the property line of the property on which that light is situated.

§ 112-3. Limitation on extent of lighting.

No more than 50% of any facade of a building or structure may be lit by a freestanding lighting fixture or combination of freestanding lighting fixtures which may be situated in the yard of the property facing the facade of the building or structure being lit.

§ 112-4. Compliance required; effect on existing fixtures.

All exterior lighting fixtures presently installed in violation of the standards set forth herein shall be removed, relocated or altered so as to comply with the provisions of this chapter within three months from the effective date of this chapter.

§ 112-5. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FREESTANDING LIGHTING FIXTURE
A lighting fixture not attached to the building or structure being lit by that lighting fixture.
LIGHT
Any type or kind of electric lumination.
LIGHTING FIXTURE
Any fixture or device which holds a light or into which a light is inserted.

§ 112-6. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 119. Noise

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Sec. G108 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 76.
Construction and services noise — See Ch. 91.
Peddling and soliciting — See Ch. 132.
Zoning — See Ch. 200.

§ 119-1. Noise.

It shall be unlawful within the limits of the Village of Munsey Park for any person to make or cause to be made or continued, or for any owner, lessee or occupant of any land or premises in the Incorporated Village of Munsey Park, to permit to be made or continued on the land or premises of the owner, lessee or occupant any loud, unnecessary, unusual or annoying intermittent noise or sound or any noise or sound which either annoys, disturbs, injures or endangers the comfort, peace, repose, health or safety of others.

§ 119-2. Prohibition of loud and disturbing noises; enforcement.

[Amended 3-8-1995 by L.L. No. 1-1995]
A. 
Declaration of policy. It is hereby declared to be the policy of the Board of Trustees of this Village to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.
B. 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises, in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive:
(1) 
The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a warning signal, pursuant to the provisions of § 375, Subdivision 1, of the Vehicle and Traffic Law of the State of New York.
(2) 
The operation of any radio or phonograph or use of any musical instrument in such a manner or with such volume, particularly between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
(3) 
The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.
(4) 
The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(5) 
The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.
(6) 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
The erection, including excavation, demolition, alteration or repair, of any building other than between 8:00 a.m. and 6:00 p.m. on weekdays, including Saturday; except in case of urgent necessity in the interest of public safety, and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less, while the emergency continues.
(8) 
The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
(9) 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(10) 
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(11) 
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or display of merchandise by the creation of noise.
(12) 
The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.
(13) 
The use of any radio or television apparatus, talking machine, loudspeaker or amplifier attached thereto, in such a manner that the loudspeaker shall cause the sound from such radio or television apparatus or talking machine to be projected directly therefrom outside of any building or out of doors; or the use of any radio or television apparatus, talking machine, loudspeaker or amplifier which is any way fastened to or connected with any outside wall or window in any building or structure so that the sound therefrom is projected outside of such outside wall or window between the hours of 11:00 p.m. and 9:00 a.m. Nothing herein contained shall be construed to prevent the operation of a radio or television apparatus or talking machine used in a reasonable manner by any person within any building or structure, provided that the said radio or television apparatus or talking machine or loudspeaker is not so arranged that such loudspeaker shall project the sound therefrom directly outside of any building or out of doors.
(14) 
The operation of any sound source, including but not restricted to machinery, equipment, pump, fan, air conditioning, cooling or heating apparatus or other mechanical devices in any manner as to cause or create any noise exceeding 55 decibels, using the A-weighting network (hereinafter referred to as "dBA"), and slow response except for sounds or noises which occur in single or multiple bursts, with a duration of less than one second, in which event the fast response shall be used, when measured at the adjoining property line by a sound-level meter meeting the standards of either Type 1 or Type 2 of the American National Standards Institute (ANSI Type I or ANSI Type 2 sound-level meter).
(a) 
The following are exempt from the sound-level limits in Subsection B(14) hereof:
[1] 
Noise from domestic power tools, lawn mowers, leaf blowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. to 6:00 p.m., provided that they produce less than 85 dBA at or within any real property line of a residential property.
[2] 
Sound from church bells and church chimes when a part of a religious observance or service.
[3] 
Noise from stationary emergency signaling devices.
[4] 
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 20 minutes after it has been activated.
[5] 
Noise from snow blowers, chain saws and other domestic tools and equipment when being used to clear driveways, streets or walkways during and within 48 hours after snowfalls, rainstorms, ice storms, windstorms or other similar emergencies.
(b) 
Generators and portable generators.
[Added 12-7-2011 by L.L. No. 3-2011]
[1] 
Notwithstanding the above, a permanent standby generator (hereinafter "permanent generator") or a portable generator may be located on residential property in such location as provided in the Zoning Ordinance of the Incorporated Village of Munsey Park,[1] provided that it does not cause or create any noise exceeding 80 dBA at the nearest property line, as measured by a sound-level decibel meter meeting the standards of either Type 1 or Type 2 of the American National Standards Institute (ANSI Type 1 or ANSI Type 2 sound-level meter). A permanent generator requires a building permit and must comply with all normal requirements for issuance of a building permit.
[Amended 6-26-2013 by L.L. No. 4-2013]
[1]
Editor’s Note: See Ch. 200, Zoning.
[2] 
Notwithstanding Subsection B(14)(b)[1], a portable generator exceeding the above dBA measurements in Subsection B(14)(b)[1] at or within any real property line of a residential property may be operated if the Building Inspector, or such other official or representative approved by the Mayor, determines that there is an emergency condition so that the use of the portable generator is necessary to remove water from a basement or to operate medical equipment necessary for the health and welfare of an occupant of the residential property in the event of a power blackout. Such permission from the Building Inspector, or such official or representative, shall be granted only for such time as necessary to protect the person or property involved. Operation of the portable generator shall cease upon the end of the emergency condition that required its use.
[3] 
At any time that it is in operation, a portable generator shall be located as far away as practicable from the dwelling of any abutting neighbor.
[4] 
No more than one generator, permanent or portable, may be permitted on a residential property.
[5] 
A permanent generator and a portable generator must be maintained and be repaired as necessary to comply with all applicable manufacturing standards and any other standards promulgated by any federal, state or other agency having jurisdiction over such equipment and must be grounded and operated in accordance with the manufacturer's specifications.
[6] 
A permanent generator and a portable generator may not be lit by any lights.
C. 
The Board of Trustees may appoint a Noise Control Officer who is authorized to administer and enforce the provisions of this chapter within this Village, and to issue and serve appearance tickets upon a person when there is reasonable cause to believe such person has committed a violation of the provisions of this chapter.[2]
[2]
Editor's Note: See also Ch. 5, Appearance Tickets.

§ 119-3. Applicability.

Except as provided in § 119-2B hereof, this chapter shall not apply to the legal use of firearms when carried by a person, and explosives when used pursuant to a permit issued by an authority having jurisdiction.

§ 119-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway by an internal combustion engine, excluding municipally owned or operated vehicles and ambulances.

§ 119-5. Penalties for offenses.

[Amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense. The owner, lessee, tenant, occupant or other person having possession or charge of any lot or plot of ground, or in whose name is registered any motor vehicle, upon or in which a violation of this chapter occurs shall be absolutely liable for such violation.

Chapter 123. Nuisances

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Sec. G107 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 139.

§ 123-1. Vandalism.

It shall be unlawful for any person to break, mar, injure, remove or deface any buildings, fences, awnings, signs, signboards, sidewalks, trees, shrubbery or other things in the Incorporated Village of Munsey Park, or to pile up before any door or on any sidewalk, road, street, highway, or public place, boxes, casks or other things, or to tear down any notice or handbill lawfully posted.

§ 123-2. Public nuisance.

No owner or occupant of any lot, plot or parcel of land in the Incorporated Village of Munsey Park shall cause or permit any public nuisance to be or remain upon such lot, plot or parcel of land, or between the same and the adjoining street; and whenever such public nuisance shall exist and complaint thereof be made to the Mayor of the Village, he shall forthwith cause a notice to be served upon the owner or occupant of the premises upon which such nuisance exists, requiring him or them to abate the same within 24 hours after receipt of such notice, and in the case of the failure of the owner or occupant of such premises to comply with such notice of requirement within the time therein mentioned, such nuisance may be abated by the Incorporated Village of Munsey Park at the expense and charge of such owner or occupant, such expense to be certified by the Mayor and to be collected by suit in the name of the Village if not paid to the Village Treasurer within five days after demand.

§ 123-3. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 128. Parks

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 5-11-2005 by L.L. No. 5-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 72.
Animals — See Ch. 76.
Trees — See Ch. 172.
[1]
Editor's Note: This local law superseded former Ch. 128, Parks, which consisted of Art. I, Prohibited Activities, adopted 4-7-1971 as Sec. G111 of the 1971 Code, as amended, and Art. II, Permit Procedure, adopted 10-10-2001 by L.L. No. 2-2001.

Article I. Prohibited Activities

§ 128-1. Trespassing in parks.

A. 
It shall be unlawful for any person to enter or remain in any public park located in and maintained by the Village of Munsey Park when that park is closed to the public.
B. 
The Board of Trustees shall determine and fix, by resolution, the hours when any public park located in and maintained by the Village of Munsey Park is to be closed to the public.
C. 
The hours when any public park located in and maintained by the Village of Munsey Park is closed to the public shall be posted at each entrance to that park.

§ 128-2. Alcoholic beverages.

No alcoholic beverages of any kind shall be permitted at any time in the public parks located in and maintained by the Incorporated Village of Munsey Park.

§ 128-3. Motorized vehicles and devices in public parks; exception.

A. 
It shall be unlawful for any person to operate a motor vehicle as defined by § 125 of the Vehicle and Traffic Law, a snowmobile as defined in Article 47 of the Vehicle and Traffic Law, and all-terrain vehicles as defined in Article 48B of the Vehicle and Traffic Law, and any motorized bicycle, mini-bike, scooter or other similar motorized device in any public park.
B. 
This section will not apply to an ambulance as defined by § 100-b of the Vehicle and Traffic Law, an authorized emergency vehicle as defined by § 101 of the Vehicle and Traffic Law, or any motor vehicle owned or leased by the Village of Munsey Park or by any contractor engaged by the Village of Munsey Park, provided that the Village has expressly authorized its use in the public park.

§ 128-4. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Article II. Permit Procedure

§ 128-5. Permit required.

No permit shall be required for the use of Waldmann Memorial Park or Copley Park and the facilities therein except as follows:
A. 
Whenever any person, organization or group desires to use a certain area of a park for an exclusive not-for-profit noncommercial use for a period of one day or any part thereof, such person, organization or group shall make application to the Village Clerk, and shall set forth the name and address of the person, persons, corporation or association, organization or group sponsoring the activity, if any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; the charges or fees to be charged to members or persons attending; and any other information which the Village Clerk requires.
B. 
The Village Clerk shall present the application to the Board of Trustees at its regular meeting.

§ 128-6. Criteria for issuing permit.

The Board of Trustees may issue a permit only after it determines that:
A. 
The proposed activity or use of the park will not unreasonably interfere with or detract from the proper enjoyment of the park by others.
B. 
The proposed activity is a not-for-profit noncommercial use.
C. 
The proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation.
D. 
The proposed activity or use is not unreasonably anticipated to incite the participants therein or others to be disorderly.
E. 
The proposed activity will not entail any additional expense to the Village.
F. 
The requested area or facilities have not been reserved for any other use or group on the day and hour requested in the application.
G. 
The proposed activity or use will be supervised or be under the immediate direction and control of responsible residents of the Village.

§ 128-7. Insurance.

A. 
If the Board of Trustees determines that the applicant is to be permitted to use the area of the park requested, such approval of such permit may be conditioned upon the issuance of a certificate of insurance with the following coverages:
(1) 
A certificate of general liability insurance naming the Village of Munsey Park as an additional insured on the said policy with coverage in the amount of $2,000,000.
(2) 
All contractors engaged by the applicant shall have workers' compensation and disability insurance.
B. 
Such approval may be further conditioned upon an agreement by the applicant to indemnify and hold harmless the Village in the event that any damage or destruction is caused by the members of such organization or as a result of such applicant's use.
C. 
No such permit shall be issued until the applicant complies with all the aforesaid conditions.

§ 128-8. Restoration of park.

Applicant shall be required to promptly repair any and all damage or destruction caused by virtue of the use of the park and shall be required to restore the park to the condition that existed prior to the event.

§ 128-9. Application deadlines; attendance at meeting.

All applications shall be submitted at least 45 days prior to the date requested, in order that the request may be placed on the agenda for the Board of Trustees meeting. The applicant is requested to attend the meeting in order to answer any questions put forth by the Board of Trustees.

§ 128-10. Notification of grant or denial of permit; conditions.

The Clerk shall notify the applicant within five days after the decision as to whether or not the permit has been granted and, if so granted, of any reasonable conditions that may be imposed by the Board of Trustees.

§ 128-11. Effect of other regulations.

All permits shall be subject to the laws and rules of the Incorporated Village of Munsey Park.

§ 128-12. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Chapter 132. Peddling, Soliciting and Street Vendors

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Handbills — See Ch. 104.
Noise — See Ch. 119.
Secondhand dealers — See Ch. 144.
Fees — See Ch. A208.

Article I. Peddling and Soliciting

[Adopted 4-7-1971 as Sec. G109 of the 1971 Code]

§ 132-1. License required; fee.

[Amended 10-10-2001 by L.L. No. 2-2001]
No person shall hawk, peddle or vend merchandise or other commodities in the streets and public places of the Village of Munsey Park, or his servants or employees, nor shall any person solicit orders of goods, wares and merchandise or other commodities, either in the streets or public places of said Village or by going from house to house therein without first having obtained permission therefor from the Village Clerk. Said permission shall only be granted on application made in writing to said Clerk, setting forth the name and address of the applicant, his citizenship and the commodities he proposes to deal in and the locality and any other matters required by the Clerk as properly affecting his fitness to conduct said business. If the Clerk shall deem the person so applying a proper person to conduct said business, he may grant a license permitting the applicant to carry on the business mentioned in said application, upon payment to the Village Treasurer of the license fee as established from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: See Ch. A208, Fees.

§ 132-2. Expiration of license.

All licenses granted pursuant to this chapter shall expire three months from date of issuance following the granting thereof, unless sooner suspended or revoked. All such licenses shall be revocable at any time by the Mayor or by the Board of Trustees, with or without notice, for any cause for which such license might have originally been refused.

§ 132-3. Soliciting orders.

[Added 1-5-1972]
No person or his servants or employees shall solicit orders for goods, wares, merchandise, printed material or other commodities in the streets or public places of the Village of Munsey Park or by going from house to house in said Village.

§ 132-4. Penalties for offenses.

[Amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Article II. Street Vendors

[Adopted 7-14-2002 by L.L. No. 1-2002]

§ 132-5. Applicability.

Article I of Chapter 132 will not apply to street vendors, and this Article II will apply.

§ 132-6. Definitions.

As used in this article, the following terms shall have the meanings indicated:
REFRESHMENT
Any confectionery food, fruit or other edible commodity or drink or carbonated beverage.
STREET VENDOR
Any vendor who sells ice cream or any other refreshment as a primary product from a motor vehicle and along the public streets.

§ 132-7. Permit required; fee; display of permit.

A. 
It shall be unlawful for any person to operate as a street vendor without a permit.
B. 
The annual permit fee for street vendors shall be set from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: See Ch. A208, Fees.
C. 
The permit shall be placed in a conspicuous place.

§ 132-8. Conduct and general requirements.

A. 
All street vendors are prohibited from vending in a manner that interferes with pedestrians or vehicular traffic or other legitimate business in the Village of Munsey Park and shall in any event be restricted to legal parking spaces and shall not stand, stop or park therein for a period exceeding 10 minutes.
B. 
All street vendors are prohibited from vending on certain streets to be designated on the map, a copy of which shall be provided with the permit, before 5:00 p.m. on days when school is in session at the Munsey Park Elementary School.
C. 
Every vehicle which is used to vend ice cream or refreshments along the public streets shall be equipped with a caution arm on the left side, which shall be illuminated or otherwise be equipped with reflective material viewable from a distance of at least 500 feet and any other device which meets the standards set forth by the Commissioner of Motor Vehicles.
D. 
No street vendor shall, directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
E. 
No street vendor shall vend between sunset and 11:00 a.m. of the following day.
F. 
All street vendors herein shall comply with Chapter 119, Noise, specifically § 119-2B(12) prohibiting the use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.
G. 
Persons licensed pursuant to the provisions of § 32 of the General Business Law of the State of New York shall be prohibited from vending within the Village of Munsey Park unless they have obtained a permit in accordance with the provisions of this chapter.

§ 132-9. Penalties for offenses.

Any person, firm or corporation who or which shall violate or cause to be violated any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

§ 132-10. Severability.

If a court of competent jurisdiction shall declare any section of this article unconstitutional or otherwise void and ineffective, the validity of the remainder of this article shall not be affected thereby.

§ 132-11. Insurance and other documentation required.

A. 
Street vendors shall file with the Village Clerk a certificate of insurance (or a duplicate of an insurance policy) on each and every vehicle for which an application is made. The policy or certificate shall name the Village of Munsey Park as an additional insured and shall be filed prior to issuance of a permit. Such proof of insurance shall identify each vehicle covered by such policy or certificate according to vehicle identification number. Cancellation or lack of insurance shall be cause for immediate suspension of any license under this chapter.
B. 
Insurance coverage shall be at least in the amount of $2,000,000 for personal injury, including death, to any one person and $1,000,000 for damages on account of any one accident.
C. 
Vehicle operators shall file with the Clerk a copy of their valid New York State driver's license, a valid New York State registration card for the vehicle, a copy of the Nassau County Department of Health Form DH-2447 for the vehicle, a copy of their license issued by the Town Clerk of the Town of North Hempstead, and a letter from the ice cream distributor, authorizing the permittee to sell its product.

Chapter 136. Plumbing

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Sec. P501 of the 1971 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Previous amendments included L.L. Nos. 2-1984, 3-1985 and 2-1988. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
Zoning — See Ch. 200.

§ 136-1. Compliance with other provisions.

All sewerage, drainage, water supply and gas plumbing shall conform to the New York State Uniform Fire Prevention and Building Code as now in force or hereafter enacted, modified or adopted, except for the sections set forth in this chapter.

§ 136-2. Stormwater disposal.

Where the public storm or combined storm sewers are not available, drywells of sufficient size as established by the Code Official shall be provided for stormwater disposal.

§ 136-3. Sanitary waste systems.

All new and/or existing sanitary waste systems which are being replaced and/or repaired shall require a permit. Each application shall be accompanied by a fee as established from time to time by resolution of the Board of Trustees.

§ 136-4. Leader, gutter and drain connections.

All leaders, gutters and drains shall be connected to a public storm sewer, combined sewer or drywell.

§ 136-5. License required.

All plumbing must be installed by plumbers licensed in a manner approved by the Village of Munsey Park.

§ 136-6. Penalties for offenses.

A. 
Any person, firm or corporation who or which shall violate any of the provisions of the New York State Uniform Fire Prevention and Building Code, or any of the provisions of this chapter adopted in lieu of the State Code, shall be punishable as provided in § 87-23 of Article II, Administration, of Chapter 87, Building Construction and Fire Prevention. Each day of continuance of an offense shall be considered a separate offense.
B. 
Any person, firm or corporation who or which shall otherwise violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Chapter 139. Property Maintenance

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 8-10-1988 by L.L. No. 3-1988 (Sec. G120 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
Trees — See Ch. 172.

§ 139-1. Legislative intent.

This chapter is enacted to protect the Village from nuisances on property which may be detrimental to the health, safety and general welfare of the public.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 139-2. Maintenance of grounds required.

A. 
The owners and occupants of all lots, plots and properties within the Village shall keep grass, brush and all other growth on such lots, plots and properties, except trees, shrubs, cultivated gardens and pachysandra, ivy and similar ground coverings, cut and trimmed to a height which is no greater than six inches on every part of such lots, plots and properties; and
B. 
Such lots, plots and properties shall be kept free from accumulations of trash, garbage, refuse and debris of all kinds.

§ 139-3. Failure to comply.

If any such owner or occupant shall fail to comply with the provisions of this chapter, the Village, after giving such owner or occupant 10 days' written notice by certified mail to such owner or occupant's last known address in the Village, may cause such grass, brush, growth, trash, garbage, refuse or debris, and all other similar materials to be cut, trimmed or removed, with the total cost thereof to be assessed upon the real property upon which such grass, brush, growth, trash, garbage, refuse and debris are found, and such assessment shall constitute a lien and charge on the real property against which it is levied until paid or otherwise satisfied and discharged, and such assessment shall be collected by the Village Treasurer in the manner provided by the law for collection of delinquent taxes.

§ 139-4. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 141. Protective Restrictions

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in § 141-1 (Part 2 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 87.
Zoning — See Ch. 200.

§ 141-1. Introduction.

Under date of March 20, 1945, all of the rights, powers and privileges under the Protective Restrictions previously vested in the Corporation known as "Munsey Park, Inc." were assigned to the Incorporated Village of Munsey Park to be thereafter exercised by the Board of Trustees of the Village.
Before the permits and certificates required under the Zoning Ordinance and the Building Code[1] may be issued, the approval of the Board of Trustees as to compliance with the Protective Restrictions must be obtained. This procedure, including fee, is entirely separate from procedure under the aforementioned ordinance and code.
The following are excerpts from the Protective Restrictions.[2] Section numbers have been inserted for convenience and do not appear in the original.
[1]
Editor's Note: See Ch. 200, Zoning, and Ch. 87, Building Construction and Fire Prevention, respectively.
[2]
Editor's Note: The full text of the Protective Restrictions is on file in the Village Offices.

§ 141-2. Architectural control.

"Sixth: Architectural Control: No building, fence, hedge, wall sign, billboard, awning, pole, radio antennae or other structure of any kind, whether similar to the foregoing or not, nor driveway nor walk, nor change of grade, shall be commenced, erected or maintained upon any property subject to this Declaration (including the lots specified in paragraph Second hereof) nor shall any addition thereto or change or alteration therein be made unless the design thereof, in such form as the Corporation may demand, shall have been submitted in duplicate to the Corporation, and the nature, kind, shape, height, materials, floor plans, elevations, color scheme, location of such structure upon the lot, and grading plans of the lot plans for sewage disposal, if any, shall have been approved in writing by the Corporation. One copy of such design as finally approved may be retained by the Corporation, and no structure, driveway or walk shall be erected, maintained, added to or altered, nor any grade changed, nor sewage disposed of, except in accordance with such approved design or modification thereof approved as hereinabove provided.
The Corporation shall have the right to refuse to approve any such design which is not suitable or desirable, in its opinion, for any reason, aesthetic or otherwise; and in so passing upon such designs it shall have the right to take into consideration the suitability of the proposed structure, driveway or walk and of the materials of which it is to be built, or the proposed change of grade, to the site upon which it is proposed to make the same, the harmony thereof with the surroundings, and the effect of the structure or alteration therein, driveway, walk or change of grade as planned on the outlook from the adjacent or neighboring property, and any and all other factors which, in its opinion, shall affect the desirability or suitability of such proposed structure, driveway, walk or change of grade.
The Corporation shall, within 15 days of the receipt at its principal place of business of such design in the form required by it, signify its approval or state the nature of the changes which will be required in the said design, and if the Corporation shall fail to state its approval or disapproval in writing within 15 days, then such design shall be deemed to have been approved. In any event, after the expiration of one year from the date of completion thereof, any structure or alteration shall be deemed, in favor of purchasers and encumbrancers from the owner of the lot affected, to comply with all the provisions of this paragraph unless notice to the contrary shall have been given to such purchasers or encumbrancers or suit shall have been instituted to enforce such compliance.
Upon the filing of a certificate of dissolution of the Corporation, the duties imposed in this section shall cease unless prior to such time the Corporation shall have assigned the rights conferred upon it in this paragraph as hereinafter provided."

§ 141-3. Extension of restrictions.

"Seventh: Extension of Restrictions: The Corporation may extend these restrictions or any part thereof, with the burden and benefit thereof, to any other property owned by it by a statement that it is intended thereby to render said property subject to these restrictions: (a) specifying the property intended to be thereby subjected to these restrictions; and if it is to be subjected to less than all of these restrictions specifying the parts thereof to which it is to be subjected; (b) specifying the uses to which such property may be put, and the free-spaces to be maintained thereon; and (c) specifying changes and modifications, if any, of these restrictions in their application to such additional property.
Such statement may be contained either in a supplementary declaration of restrictions to be recorded in the office of the proper recording officer or in any deed to such property. The Corporation in such supplementary declaration or deeds may impose other and further restrictions upon such additional property."

§ 141-4. Modification of restrictions.

"Eighth: Modification of Restrictions Other Than Use: The Corporation, with the consent of the owner of any lot, shall have the right, by an instrument duly recorded in the office of the proper recording officer, to modify or release any of the restrictions herein set forth or provided for other than the restrictions contained in paragraph First or Third hereof whenever, in its opinion, such modification or release will be advantageous to the harmonious development of the lot and will, in its opinion, not be detrimental to the adjacent property."

§ 141-5. Change of use.

"Ninth: Change of Use: The classification of use established by paragraph Third hereof or by any supplementary declaration affecting other property hereafter subjected to these restrictions pursuant to paragraph Seventh hereof may be modified, changed or annulled as to all or any part of the property subject thereto (subject always to the restrictions contained in paragraph First hereof) by an instrument duly recorded in the office of the proper recording officer, duly executed by the Corporation together with the then owners of record of not less than 2/3 in the area of the property (exclusive of streets and public spaces) which shall abut on either side of the street or streets upon which the property affected abuts and within 300 feet of the property affected or lying within the same block as the property affected and within 300 feet thereof, provided that the consent shall not be required of the owner of any property not then subjected to this declaration or a supplementary declaration, and provided further that after the filing of a certificate of dissolution of the Corporation, such instrument need not be executed by the Corporation, but if the Corporation shall have assigned its powers hereunder as provided in paragraph Twelfth hereof, such instrument need be duly executed by such assignee. Such instruments shall specify the property affected thereby, and the use or uses to which such property may thereafter be put."

§ 141-6. Duration of restrictions.

"Tenth: Duration of Restrictions: All of the restrictions contained herein or in any supplementary declaration shall run with the land and inure to the benefit of the successor owners thereof (subject to the rights of change or modification herein provided for) until January 1, 1970, and shall as then in force be continued automatically and without further notice from that time for a period of 20 years, and thereafter for successive periods of 20 years each without limitation unless not less than five years prior to January 1, 1970, or not less than five years prior to the end of any successive twenty-year period thereafter a written agreement shall be recorded with the proper recording officer, by the terms of which any of said restrictions may be changed, modified or extinguished in whole or in part as to all of the property then subject thereto or such part thereof as many be described in the said agreement, in the manner and to the extent set forth in the said agreement, which shall be duly executed and acknowledged by the then owners of record of more than 1/2 in area of the premises therein described other than streets and other public property. In the event that any such written agreement of change or modification be duly executed and recorded, the original restrictions as therein modified shall continue in force for successive periods of 20 years each unless and until further changed, modified or extinguished in the manner herein provided. Such agreement when recorded shall be effective as of January 1, 1970, or as of the end of the succeeding twenty-year period during which said agreement shall be recorded."

§ 141-7. Definitions.

"Eleventh: Definitions: For the purposes of these restrictions, the following words shall have the following meanings:
(A)
The word "lot" shall mean a parcel of land shown upon a filed subdivision map or parcel exclusively appurtenant to one building (together with accessory buildings where permitted hereunder) having an area in a single-family residence zone of not less than 8,000 square feet, or any resubdivision of such parcels approved in writing by the Corporation, provided that such resubdivision shall comply with such definitions of "lot" and that any buildings erected thereon or on any such subdivisions shall otherwise comply with the provisions of these restrictions.
(B)
The word "street" shall mean any street, highway or other thoroughfare whether or not dedicated to a municipality and whether known by the name of Street, Avenue, Place, Lane, Road, Plaza, Crescent or any other name.
(C)
The word "restrictions" includes restrictions, reservations, servitures, covenants, agreements and easements.
(D)
The word "design" includes plans, specifications, elevations, models, sketches, samples of color and samples of materials.
(E)
The words "proper recording officer" mean the officer with whom deeds of the property affected by the instrument in question shall at the time of recording such instrument be required to be recorded.
(F)
The word "declaration" shall mean this Declaration of Restrictions and any supplementary declaration executed and recorded as provided in paragraphs Seventh, Ninth or Tenth hereof."

§ 141-8. Assignment.

" Twelfth: The Corporation specifically reserves the right at any time to assign to any other person, firm, association or corporation, municipal or private, any or all of the rights, powers and privileges conferred upon it by this agreement, and any of the said rights, powers and privileges so assigned shall thereafter be exercised by such assignee as fully as herein conferred upon the Corporation.
In case of doubt in the application of these restrictions, the Corporation shall have the right to determine upon which street or streets a lot shall be deemed to front, upon which side of a lot the side and rear yard requirements shall be deemed to apply, and the side of a proposed structure upon which the height thereof shall be measured.
The consent of the owner of any property, once given, to the modification or release of any of the provisions herein contained shall bind all future owners of the same property. Failure of any property owner to enforce any of the restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter."
"D.
In addition to the foregoing the Corporation may require the payment of a reasonable fee for architectural services in connection with the approval on any design submitted under provisions of paragraph Sixth of said Declaration, and no such design shall be deemed to have been submitted to the Corporation unless such fee shall be paid at the time such design is presented to the Corporation."
The assignment of Protective Restrictions to the Village by the Corporation is recorded at the County Clerk's office, Nassau County, N.Y., in Liber 2962 of Deeds at page 563.

Chapter 144. Secondhand Dealers

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 5-11-1983 by L.L. No. 3-1983 (Sec. G118 of the 1971 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 132.

§ 144-1. Licensing.

Licenses shall be required for all dealers in secondhand merchandise as regulated by Chapter 13, Dealers in Secondhand Merchandise, of the Code of the Town of North Hempstead.

§ 144-2. Fees.

The fees for such license shall be set from time to time by resolution of the Town Board of the Town of North Hempstead.

Chapter 151. Solid Waste

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Sec. G103 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Handbill litter — See Ch. 104.
Nuisances — See Ch. 123.
Property maintenance — See Ch. 139.

§ 151-1. Littering.

No person shall throw, cast or lay, or direct, suffer or permit any servant, agent or employee or guest to throw, cast or lay any tree stumps or branches, grass clippings, shrubs, leaves, ashes, offal, garbage, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles, cans or rubbish or debris of any kind or nature whatsoever, in or upon any lot, street, road, highway, sidewalk parks or other public place, except that leaves may be placed in the street gutter directly in front of the property from which such leaves were gathered during such periods as the Board of Trustees shall by resolution designate for leaf collection.

§ 151-2. Dumping.

No person, being the owner, driver, manager or conductor of any cart or other vehicle or of any receptacle, shall scatter, drop, spill or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stones or building rubbish or household waste, refuse or rubbish of any sort, ashes, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off such cart or vehicle by the wind, in or upon any road, street, highway, sidewalk or other public place in the Incorporated Village of Munsey Park.

§ 151-3. Receptacles.

All receptacles for ashes or garbage shall be kept within or in the rear of buildings and each and every receptacle shall be of a type specifically designed for the temporary storage of ashes or garbage and shall at all times be covered with a tight-fitting cover. No such receptacle and no refuse or rubbish shall be so placed as to constitute or contribute to the creation of a nuisance.

§ 151-4. Sewerage and drainage.

Every owner, lessee, tenant, occupant or other person having possession or charge of any building or lot of ground in the Incorporated Village of Munsey Park shall keep and maintain the same and the sewerage and drainage system installed therein or connected therewith in such manner that the same shall not constitute or contribute to the creation of a nuisance.

§ 151-5. Enforcement.

Whenever any owner, lessee, tenant, occupant or other person having possession or charge of any plot or lot of ground in the Incorporated Village of Munsey Park shall fail to comply with the provisions of this chapter, the Incorporated Village of Munsey Park may take such steps as may be necessary to render such person in compliance, including removal of any nuisance, and the expense thereof shall be certified by the Mayor and collected by suit in the name of the Village, if not paid to the Village Treasurer within five days after demand.

§ 151-6. Recycling.

[Added 10-22-1971[1]]
All residents shall be required to comply with the recycling regulations of the Town of North Hempstead.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 151-7. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 157. Streets and Sidewalks

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 87.
Time restrictions for snowplowing — See Ch. 91.
Peddling and soliciting — See Ch. 132.
Vehicles and traffic — See Ch. 188.
Sidewalk specifications — See Ch. A207.
Fees — See Ch. A208.

Article I. Street Openings

[Adopted 4-7-1971 as Sec. G102 of the 1971 Code]

§ 157-1. Permit required for curb cuts and grade changes; fee.

[Amended 10-10-2001 by L.L. No. 2-2001]
No person shall lower any curb or change the grade of any sidewalk, street or road for the purpose of providing a driveway across such sidewalk, without first having made application to the Village Clerk, paying a fee as established from time to time by resolution of the Board of Trustees[1] and obtaining a written permit signed by the Village Clerk and Building Inspector. Such application shall be in writing accompanied by a sketch or plan indicating the points on the property line at which such driveway shall begin and end as measured from the nearest street intersecting such curb or sidewalk.
[1]
Editor's Note: See Ch. A208, Fees.

§ 157-2. Permit required for street work and excavations.

No person shall leave or deposit any material of any kind for building or other purposes in or upon any road, street, highway, sidewalk (whether paved or unpaved) or other public place in the Village of Munsey Park, or dig or cause to be dug for any purpose, any excavation, trench or other opening in any road, street, highway, sidewalk or other public place in said Village, or dig or remove or cause to be dug or removed therefrom any earth, stone, sand, gravel or any other material whatsoever, or tear up or damage any pavement, sidewalk, crosswalk, drain, sewer, or any part thereof, or erect, lay or cause to be erected or laid, any telegraph, telephone, light or other poles or any drain, conduit or other pipe under, in, or over any road, street, highway, sidewalk or other public place in said Village, or move or cause to be moved any building or structure upon, along or across any road, street, highway, sidewalk or other public place without first having obtained from the Village Clerk a written permit for that purpose, signed by the Village Clerk and the Building Inspector. Such permit shall be conditioned upon said work being performed in such manner that a sufficient and safe passageway for pedestrians and vehicular traffic will be kept clear at all times, upon the proper guarding of the same both by night and day so as to avoid accidents and danger, and upon the complete restoration of said street, highway, sidewalk or other public place to its original condition; provided, however, that the Board of Trustees may, in its discretion, condition the issuance of such permit upon the making and filing of a bond made by the applicant, as principal, with an insurance company duly authorized and licensed to do business in the State of New York, as surety, in such amount as the Board of Trustees may direct, that the applicant will hold harmless from and will indemnify the Incorporated Village of Munsey Park for any and all injury, loss damage to person or property, either of the Incorporated Village of Munsey Park or others, resulting from or caused by any act or omission of the applicant, his agents, servants or employees, or any contractor employed by the applicant. Every permit for the opening of a road, street, highway, sidewalk or other public place shall provide that the person making the opening shall, as promptly as possible backfill or cause the same to be backfilled and shall place thereon suitable temporary pavement which shall be cared for and maintained by such person until such time as proper settlement for the laying of permanent pavement shall have taken place, such time not to exceed six months from the time when such temporary pavement shall have been laid. The person making or causing the opening to be made shall notify the Village Clerk when said opening has been backfilled and temporarily paved and when the laying of permanent paving has been completed.

§ 157-3. Street opening fees.

[Amended 5-8-1985 by L.L. No. 3-1985; 10-10-2001 by L.L. No. 2-2001; 9-9-2009 by L.L. No. 3-2009]
A. 
Each applicant for a permit to open a road, street, highway, sidewalk, or other public place in the Incorporated Village of Munsey Park shall pay a fee as established from time to time by resolution of the Board of Trustees for the issuance of such permit.[1]
[1]
Editor's Note: See Ch. A208, Fees.
B. 
In addition to the permit fee, the applicant shall deliver to the Village Clerk a cash deposit to cover the cost of restoring the road, street, highway, sidewalk, or public place to its condition before opening. The minimum cash deposit shall be $1,500 and the maximum shall be $50,000, with the exact amount to be determined by the Building Inspector to ensure proper restoration by the Village.
C. 
No deposit shall be returned unless the work is completed to the satisfaction of the Village.

§ 157-4. Backfilling and restoration fees; effect on deposit.

[Amended 10-10-2001 by L.L. No. 2-2001]
If any person to whom a permit to open a road, street, highway, sidewalk or public place in the Incorporated Village of Munsey Park shall fail, neglect or refuse promptly to backfill or cause any such opening to be backfilled and covered with temporary pavement, such opening may be backfilled and covered by temporary pavement by the Incorporated Village of Munsey Park and such person shall pay for such backfill at the rate as established from time to time by resolution of the Board of Trustees per cubic yard, and for such temporary pavement at the rate as established from time to time by resolution of the Board of Trustees per square yard; and if any such person shall fail, neglect or refuse, within the time limited by the permit issued to such person, to restore to its original condition the surface of any such road, street, highway, sidewalk or public place, the same may be restored by the Incorporated Village of Munsey Park and such person shall pay for such restoration at the rate as established from time to time by resolution of the Board of Trustees for the first square yard and as established from time to time by resolution of the Board of Trustees for each additional square yard of surface restored.[1] If, after the opening shall have been properly backfilled and the surface of the road, street, highway, sidewalk or public place shall have been properly restored, there shall be a balance over and above the amount of the deposit made as herein provided, then such balance shall be returned to the person making such deposit; and if the cost of backfilling and restoration of the surface shall exceed the sum deposited, the excess shall be paid by such person.
[1]
Editor's Note: See Ch. A208, Fees.

§ 157-5. Bonds.

[Amended 10-10-2001 by L.L. No. 2-2001]
In lieu of the deposit provided for in § 157-3 of this chapter, any gas, electric light, water, telephone, telegraph or other public service corporation may make, execute and deliver to the Incorporated Village of Munsey Park its bond, as principal, together with an insurance company duly authorized and licensed to do business in the State of New York, as surety, in the sum of $10,000, conditioned upon the proper backfilling of any and all openings in any road, street, highway, sidewalk or public place and the restoration of the surface thereof to the condition prior to such opening, and guaranteeing its maintenance for a period of one year after such restoration, such bond to be approved as to form and sufficiency of surety by the Board of Trustees before any permits shall be issued.

§ 157-6. Penalties for offenses.

[Amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Article II. Snow and Ice Removal

[Adopted 4-7-1971 as Sec. G104 of the 1971 Code]

§ 157-7. Responsibility of property owners and occupants.

Every owner, lessee, tenant, occupant or other person having possession or charge of any building or lot of ground in the Incorporated Village of Munsey Park, abutting upon any street or public place where the sidewalk is paved, shall, within eight hours after snow ceases to fall, remove the snow or ice from the sidewalk, the time between 9:00 p.m. and 7:00 a.m. not being included in the above period of eight hours.

§ 157-8. Enforcement.

Whenever any owner, lessee, tenant, occupant or other person having possession or charge of any plot or lot of ground in the incorporated Village of Munsey Park shall fail to comply with the provisions of this article, the Incorporated Village of Munsey Park may cause such removal to be made and the expense thereof shall be certified by the Mayor and collected by suit in the name of the Village if not paid to the Village Treasurer within five days after demand.

§ 157-9. Penalties for offenses.

[Amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.

Article III. Notification of Defects

[Adopted 11-11-1981 by L.L. No. 3-1981]

§ 157-10. Written notice required prior to civil action.

No civil action shall be maintained against the Village for damages or injuries to person or property, sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, walkway, tree or other growth, street sign, fence, or any other natural or man-made object being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, walkway, street, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to and designating with particularity the place or location, was actually given to the Village Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair, remove or correct the defective, unsafe, dangerous or obstructed condition complained of, or cause the snow or ice to be removed or treated, or the place or object otherwise made reasonably safe.

Article IV. Declaration of Snow Emergency

[Adopted 10-12-2011 by L.L. No. 2-2011]

§ 157-11. Parking prohibition; determination of emergency; duration.

The parking of vehicles is hereby prohibited on all Village roads within the Village upon declaration of a snow emergency by the Mayor. For purposes of this article, a snow emergency may be declared only when there are at least two inches of snow on the ground. Any snow emergency declared by the Mayor shall continue until five days from the cessation of snowfall, unless the Mayor determines a different length of time.

§ 157-12. Additional snow emergency; parking prohibition on certain streets; duration.

A. 
Upon the expiration of the snow emergency prescribed in the preceding section, the Mayor may declare an additional snow emergency that will prohibit the parking of vehicles along the following Village roads: Manhasset Woods Road, Park Avenue, Nassau Avenue, Abbey Road, Hunt Lane (west of Abbey Road), and such additional Village roads that the Mayor determines must remain free of vehicles in the interest of public safety.
B. 
This additional snow emergency shall remain in effect until there shall have been cleared from those Village roads sufficient snow to permit two-way traffic and allow for normal parking along the sides of those roads.
C. 
The additional snow emergency above will expire at the time of the next regularly scheduled meeting of the Village Board of Trustees. At such meeting, the Village Board may continue the additional snow emergency, or modify its terms, or allow it to expire for all or some of the Village roads for which such additional snow emergency was declared.

Chapter 162. Taxation

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Termination of assessing unit — See Ch. 8.

Article I. Collection of Property Taxes

[Adopted 8-24-1994 by L.L. No. 4-1994]

§ 162-1. Continuation of enforcement.

Pursuant to Section 6 of Chapter 602 of the Laws of 1993, as amended by a chapter of the laws of 1994, as proposed in legislative bill number S. 8560-A,[1] the Village of Munsey Park hereby acts by local law, not subject to referendum, to provide that the collection of property taxes shall continue to be enforced pursuant to Title 3 of Article 14 of the Real Property Tax Law, as the same is in effect on December 31, 1994.
[1]
Editor's Note: See L. 1994, c. 532; and notes under Real Property Tax Law § 1450 et seq.

§ 162-2. Filing.

Upon adoption, and no later than October 1, 1994, a copy of this article shall be filed with the New York State of Real Property Services.

§ 162-3. When effective.

This article shall take effect on the same day as a chapter of the laws of 1994 takes effect as proposed in legislative bill number S. 8560-A, except that if S. 8560-A shall become a law prior to adoption of this article, this article shall take effect immediately.[1]
[1]
Editor's Note: This article was effective immediately, since S. 8560-A was adopted 7-26-1994.

Article II. Utilities Tax

[Adopted by L.L. No. 1-1968]

§ 162-4. Imposition of tax.

Pursuant to the authority granted by Article 6, § 6-640 of the Village Law of the State of New York, from on and after February 1, 1968, there is hereby imposed:
A. 
A tax equal to 1% of the gross income of every utility doing business in the incorporated Village of Munsey Park which is subject to the supervision of the New York State Department of Public Service and which has an annual gross income in excess of $500, except motor carriers or brokers subject to such supervision under Article 3-B of the Public Service Law.
B. 
A tax equal to 1% of the gross operating income of every other utility doing business in the incorporated Village of Munsey Park which has an annual gross operating income in excess of $500.

§ 162-5. Definitions.

As used in this article, the following terms shall have the meanings indicated:
GROSS INCOME
Includes:
A. 
In the case of a utility engaged in selling telephony or telephone service, only receipts from local exchange service wholly consummated within the Village.
B. 
In the case of a utility engaged in selling telegraphy or telegraph service, only receipts from transactions wholly consummated within the Village.
C. 
The words "gross income" in the case of any utility other than described in Subsection A and B hereof shall include:
(1) 
Receipts received in or by reason of any sale, conditional or otherwise (except sales hereinafter referred to with respect to which it is provided that profits from the sale shall be included in gross income), made or service rendered for ultimate consumption or use by the purchaser in the Village, including cash, credits and property of any kind or nature (whether or not such sale is made or such service is rendered for profit) without any deductions therefrom on account of the cost of the property sold, the cost of the materials used; labor or services or other costs, interest or discount paid, or any other expense whatsoever;
(2) 
Profits from the sale of securities;
(3) 
Profits from the sale of real property growing out of the ownership or use of or interest in such property;
(4) 
Profits from the sale of personal property (other than property of a kind which would properly be included in the inventory of a taxpayer if on hand at the close of the period for which a return is made);
(5) 
Receipts from interest, dividends and royalties, derived from sources within the Village (other than such as are received from a corporation, a majority of whose voting stock is owned by the taxpaying utility), without any deduction therefrom for any expenses whatsoever incurred in connection with the receipt thereof;
(6) 
Profits from any transaction (except sales for resale and rentals) within the Village whatsoever.
GROSS OPERATING INCOME
Includes: receipts received in or by reason of any sale, conditional or otherwise, made for ultimate consumption or use by the purchaser of gas, electricity, steam, water, refrigeration, telephony or telegraphy, or in or by reason of the furnishing for such consumption or use of gas, electric, steam, water, refrigeration, telephone or telegraph service in the Village, including cash, credits and property of any kind or nature, without deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or services or other costs, interest or discount paid, or any other expense whatsoever.
PERSON
Persons, corporations, companies, associations, joint-stock associations, copartnerships, estates, assignee of rents, any person acting in a fiduciary capacity, or any other entity; and persons, their assignees, lessees, trustees or receivers, appointed by any court whatsoever, or by any other means; except the state, municipality, public districts, and corporations and associations organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
A. 
Every person subject to the supervision of the State Department at Public Service, except:
(1) 
Persons engaged in the business of operating or leasing sleeping and parlor railroad cars; and
(2) 
Persons engaged in the business of operating or leasing railroads other than street surface, rapid transit, subway and elevated railroads;
(3) 
Omnibus corporations subject to supervision under Article 3-A of the Public Service Law.
B. 
Every person who sells gas, electricity, steam, water, refrigeration, telephony or telegraphy delivered through mains, pipes or wires, whether or not such person is subject to the supervision of the State Department of Public Service;
C. 
Every person who furnishes gas, electric, steam, water, refrigerator, telephone or telegram service, by means of mains, pipes or wires, regardless of whether such activities are the main business of such person or are only incidental thereto, or of whether use is made of the public streets.

§ 162-6. Application.

This article and the tax imposed thereby shall:
A. 
Apply only within the territorial limits of the Village of Munsey Park;
B. 
Not apply and the tax shall not be imposed on any transaction originating or consummated outside of the territorial limits of the Village of Munsey Park notwithstanding that some act be necessarily performed with respect to such transaction within such limits; and
C. 
Be in addition to any and all other taxes and fees imposed by any other provisions of law;
D. 
Apply to all subject income received on and after February 1, 1968.

§ 162-7. Disposition of revenues.

All revenues resulting from the imposition of the tax imposed by this article shall be paid into the treasury of the Village and shall be credited to and deposited in the general fund of the Village.

§ 162-8. Collection and enforcement; rules and regulations.

The Village Treasurer shall be the chief enforcement officer of this article and shall make and be responsible for all collections hereunder. He shall also have the power and authority to make any rules of regulations or directives, not inconsistent with law, which, in his discretion, are reasonably necessary to facilitate the administration of this article and the collection of the taxes imposed hereby. Copies of all such rules and regulations and directives, as may from time to time be promulgated, shall be sent by registered mail to all utilities subject to this article which register as such with the Village Treasurer. All such rules, regulations and directives shall be deemed a portion of this article.

§ 162-9. Records.

Every utility subject to tax under this article shall keep such records of its business and in such form as the Village Treasurer may require, and such records shall be preserved for a period of three years unless the Village Treasurer directs otherwise.

§ 162-10. Returns; filing; contents.

A. 
Time of filing. Every utility subject to a tax hereunder shall file on or before March 25 and September 25 a return for the six calendar months preceding each return date, including any period for which the tax imposed hereby or any amendment hereof is effective. However, any utility whose average gross income or gross operating income for th aforesaid six-month period is less than $3,000 may file a return annually on March 25 for the 12 calendar months preceding each return date, including any period for which the tax imposed hereby or any amendment hereof is effective. Any utility, whether subject to tax under this article or not, may be required by the Village Treasurer to file an annual return.
B. 
Contents. Returns shall be filed with the Village Treasurer on a form to be furnished by him for such purpose and shall show thereon the gross income or gross operating income for the period covered by the return and such other information, data or matter as the Village Treasurer may require to be included therein. Every return shall have annexed thereto a certification by the head of the utility making the same or of the owner or of a co-partner thereof, or of a principal corporate officer to the effect that the statements contained therein are true.

§ 162-11. Payment.

At the time of filing a return as required by this article, each utility shall pay to the Village Treasurer the tax imposed hereby for the period covered by such return. Such tax shall be due and payable at the time of the filing of the return or, if a return is not filed when due, on the last day on which the return is required to be filed.

§ 162-12. Penalties and interest.

Any utility failing to file a return or a corrected return, or to pay any tax or any portion thereof within the time required by this article, shall be subject to a penalty of 5% of the amount of tax due, plus 1% of such tax for each month of delay or fraction thereof, excepting the first month, after such return was required to be filed or such tax became due; but the Village Treasurer, if satisfied that the delay was excusable, may remit all or any portion of such penalty.

§ 162-13. Tax as operating cost.

The tax imposed by this article shall be charged against and be paid by the utility and shall not be added as a separate item to bills rendered by the utility to customers or others but shall constitute a part of the operating costs of such utility.

§ 162-14. Failure to file or incorrect returns.

In case any return filed pursuant to this article shall be insufficient or unsatisfactory to the Village Treasurer, he may require at any time a further or supplemental return, which shall contain any data that may be specified by him, and, if a corrected or sufficient return is not filed within twenty days after the same is required by notice from him, or, if no return is made for any period, the Village Treasurer shall determine the amount due from such information as he is able to obtain and, if necessary, may estimate the tax on the basis of external indices or otherwise. He shall give notice of such determination to the utility liable for such tax. Such determination shall finally and irrevocably fix such tax, unless the utility against which it is assessed shall, within one year after the giving of notice of such determination, apply to him for a hearing or unless the Village Treasurer, of his own motion, shall reduce the same. After such hearing he shall give notice of his decision to the utility liable for such tax.

§ 162-15. Review of final determination.

Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Law and Rules if the proceeding is commenced within 90 days after the giving of notice of such final determination; provided, however, that any such proceeding under said Article 78 shall not be instituted unless the amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law, ordinance or resolution, shall be first deposited and an undertaking filed, in such amount and with such sureties as a Justice of the Supreme Court shall approve to the effect that if such proceeding be dismissed or the tax confirmed the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 162-16. Notice.

Any notice authorized or required under the provisions of this article may be given by mailing the same to the utility for which it is intended, in a postpaid envelope, addressed to such utility at the address given by it in the last return filed by it under this article, or if no return has been filed, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the utility to which addressed. Any period of time, which is determined according to the provisions of this section by the giving of notice, shall commence to run from the date of mailing of such notice.

§ 162-17. Refunds.

If, within one year from the giving of notice of any determination or assessment of any tax or penalty, the person liable for the tax shall make application for a refund thereof and the Village Treasurer or the court shall determine that such tax or penalty or any portion thereof was erroneously or illegally collected, the Village Treasurer shall refund the amount so determined. For like cause and within the same period, a refund may be so made on the initiative of the Village Treasurer. However, no refund shall be made of a tax or penalty paid pursuant to a determination of the Village Treasurer as here in before provided unless the Village Treasurer, after a hearing as hereinbefore provided, or of his own motion, shall have reduced the tax or penalty or it shall have been established in a proceeding in the manner provided in the Civil Practice Law and Rules that such determination was erroneous or illegal. An application for a refund, made as hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of and the Village Treasurer may receive additional evidence with respect thereto. After making his determination the Village Treasurer shall give notice thereof to the person interested, and he shall be entitled to commence a proceeding to review such determination, in accordance with the provisions of the following section hereof.

§ 162-18. Review of proceedings for refunds.

Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally collected and application for the refund thereof duly made to the Village Treasurer, and he shall have made a determination denying such refund, such determination shall be reviewable by a proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that such proceeding is instituted within 90 days after the giving of the notice of such denial, that a final determination of tax due was not previously made and that an undertaking is filed with the Village Treasurer in such amount and with such sureties as a Justice of the Supreme Court shall approve to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 162-19. Limitation of additional tax.

Except in the case of a willfully false or fraudulent return with the intent to evade the tax, no assessment or additional tax shall be made with respect to taxes imposed under this article, after the expiration of more than three years from the date of filing of a return, provided, however, that where no return has been filed as required hereby, the tax may be assessed at any time.

§ 162-20. Power of Village Treasurer.

In addition to any other powers herein given the Village Treasurer and in order to further insure payment of the tax imposed hereby, he shall have the power to:
A. 
Prescribe the form of all reports and returns required to be made hereunder.
B. 
Take the testimony and proofs, under oath, with reference to any matter enumerated in this article.
C. 
Subpoena and require the attendance of witnesses and the production of books, papers, records and documents.

§ 162-21. Enforcement.

Whenever any person shall fail to pay any tax or penalty imposed by this article, the Village Attorney shall, upon the request of the Village Treasurer, bring an action to enforce payment of the same. The proceeds of any judgment obtained in any such action shall be paid to the Village Treasurer. Each such tax and penalty shall be a lien upon the property of the person liable to pay the same, in the same manner and to the same extent that the tax and penalty imposed by § 186-a of the Tax Law is made a lien.

Chapter 168. Telecommunications Licenses and Franchises

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 3-14-2001 by L.L. No. 1-2001 (Sec. G124 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning regulation of telecommunications facilities — See Ch. 200.
Fees — See Ch. A208.

Article I. General Provisions

§ 168-1. Purpose.

The purpose and intent of this chapter is to:
A. 
Establish a local policy concerning telecommunications providers and services;
B. 
Establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of telecommunications providers and services;
C. 
Promote competition in telecommunications;
D. 
Minimize unnecessary local regulation of telecommunications providers and services;
E. 
Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions and residents of the Village;
F. 
Permit and manage reasonable access to the public ways of the Village for telecommunications purposes on a competitively neutral basis;
G. 
Conserve the limited physical capacity of the public ways held in public trust by the Village;
H. 
Assure that the Village's current and ongoing costs of granting and regulating private access to and use of the public ways are fully paid by the persons seeking such access and causing such costs;
I. 
Secure fair and reasonable compensation to the Village and the residents of the Village for permitting private use of the public ways;
J. 
Assure that all telecommunications carriers providing facilities or services within the Village comply with the laws, rules and regulations of the Village;
K. 
Assure that the Village can continue to fairly and responsibly protect the public health, safety and welfare;
L. 
Enable the Village to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development.

§ 168-2. Definitions.

For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
AFFILIATE
A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 532, et seq., as now and hereafter amended, and the Telecommunications Act of 1996.
CABLE OPERATOR
A telecommunications carrier providing or offering to provide cable service within the Village as that term is defined in the Cable Act.
CABLE SERVICE
For the purpose of this chapter shall have the same meaning provided by the Cable Act.
CORPORATE AUTHORITIES
The Mayor and Board of Trustees of the Village. Notwithstanding the foregoing, the Village may, where permitted by law, delegate to another person or entity, including an entity established by the Village in cooperation with one or more other municipalities, some or all of the authority vested in the Village as to one or more subjects which are encompassed by this chapter.
EXCESS CAPACITY
The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
FCC OR FEDERAL COMMUNICATIONS COMMISSION
The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
OTHER WAYS
The highways, streets, alleys, utility easements or other rights-of-way within the Village, but under the jurisdiction and control of a governmental entity other than the Village.
OVERHEAD FACILITIES
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON
Includes corporations, companies, associations, joint-stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
PSC OR PUBLIC SERVICE COMMISSION
The New York State Public Service Commission, or any lawful successor state administrative agency authorized to regulate and oversee telecommunications carriers, services and providers in the State of New York.
PUBLIC STREET
Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the Village which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAY
Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the Village, but only to the extent of the Village's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
STATE
The State of New York.
SURPLUS SPACE
That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the New York Public Service Commission, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER
Includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the Village, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES
The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS PROVIDER
Includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE
The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
TELECOMMUNICATIONS SYSTEM
See "telecommunications facilities."
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USABLE SPACE
The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders, rules and regulations of the New York Public Service Commission.
UTILITY EASEMENT
Any easement owned by the Village and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIES
The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the Village and used or to be used for the purpose of providing utility or telecommunications services.
VILLAGE
The Village of Munsey Park.
VILLAGE PROPERTY
Includes all real property owned by the Village, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the Village, which are not subject to right-of-way licensing and franchising as provided in this chapter.

§ 168-3. Registration.

Except as otherwise provided herein, all telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications services originating or terminating in the Village shall register with the Village pursuant to Article II of this chapter. This requirement for registration shall not apply with respect to any activities which, by reason of applicable federal or state law, are not subject to regulation by the Village or is not subject to the jurisdiction of the Village.

§ 168-4. Telecommunications license.

Except as otherwise provided therein, no telecommunications carrier shall construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the Village for the purpose of providing telecommunications service solely to persons and areas outside the Village, without first obtaining a license from the Village pursuant to Article III of this chapter. This section shall not be applicable to such activities of any telecommunications carrier for which, by reason of applicable federal or state law, no license is required from the Village.

§ 168-5. Telecommunications franchise.

Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, over or across any public way of the Village, and to also provide telecommunications service to persons or areas in the Village, shall first obtain a franchise granting the use of such public ways from the Village pursuant to Article IV of this chapter. This section shall not be applicable to the activities of any telecommunications carrier for which, by reason of applicable federal or state law, no franchise is required from the Village.

§ 168-6. Cable television franchise.

Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or locate telecommunications facilities in any public way of the Village for the purpose of providing cable television service to persons in the Village shall first obtain a cable franchise from the Village as provided in Article V of this chapter.

§ 168-7. Applicability to existing franchises.

This chapter shall not be applicable to any telecommunications service for which a franchise or license from the Village is in effect at the effective date of this chapter, until:
A. 
The expiration of said franchise agreement; or
B. 
An amendment to an unexpired franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.

§ 168-8. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter, including disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter, shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 168-9. Other remedies.

Nothing in this chapter shall be construed as limiting any other remedies that the Village may have, at law or in equity, for enforcement of this chapter.

Article II. Registration of Telecommunications Carriers and Providers

§ 168-10. Registration required.

Each telecommunications carrier and provider which offers or provides any telecommunications service for a fee directly to the public, either within the Village, or outside the corporate limits from telecommunications facilities within the Village, shall register with the Village on forms to be provided by the Village Clerk, which shall include the following:
A. 
The identity and legal status of the registrant, including any affiliates.
B. 
The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.
C. 
A description of registrant's existing or proposed telecommunications facilities within the Village.
D. 
A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the Village.
E. 
Information sufficient to determine whether the registrant is subject to public way licensing or franchising under this chapter.
F. 
Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility receipts tax or other occupation tax imposed by the Village.
G. 
Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the New York State Public Service Commission to provide telecommunications services or facilities within the Village.
H. 
Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the Federal Communications Commission to provide telecommunications services or facilities within the Village.
I. 
Such other information as the Village Clerk may reasonably require.

§ 168-11. Registration fee.

Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee in an amount established from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: See Ch. A208, Fees.

§ 168-12. Purpose of registration.

The purpose of registration under this Article II is to:
A. 
Provide the Village with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the Village, or that own or operate telecommunication facilities within the Village;
B. 
Assist the Village in enforcement of this chapter;
C. 
Assist the Village in the collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due the Village;
D. 
Assist the Village in monitoring compliance with local, state and federal laws.

Article III. Telecommunications License

§ 168-13. License required.

A telecommunications license shall be required of any telecommunications carrier who desires to occupy specific public ways of the Village for the sole purpose of providing telecommunications services to persons or areas outside the Village.

§ 168-14. License application.

An application for a telecommunications license shall include the following information:
A. 
The identity of the license applicant, including all affiliates of the applicant.
B. 
A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.
C. 
A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.
D. 
Preliminary engineering plans, specifications and a network map of the facilities to be located within the Village, all in sufficient detail to identify:
(1) 
The location and route requested for applicant's proposed telecommunications facilities.
(2) 
The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.
(3) 
The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers.
(4) 
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
E. 
If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
F. 
If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
(1) 
The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities;
(2) 
The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
G. 
If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
(1) 
The location proposed for the new ducts or conduits;
(2) 
The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
H. 
A preliminary construction schedule and completion date.
I. 
A preliminary traffic control plan.
J. 
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
K. 
Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
L. 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
M. 
Payment of all fees, deposits or charges required pursuant to Article VI of this chapter.
N. 
Such other and further information as may be required by the Village.

§ 168-15. Determination by Village.

Within a reasonable time after receiving a complete application for a telecommunications license, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards and, if the application is denied, the written determination shall include the reasons for denial.
A. 
The financial and technical ability of the applicant.
B. 
The legal capacity of the applicant.
C. 
The capacity of the public ways to accommodate the applicant's proposed facilities.
D. 
The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license is granted.
E. 
The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license is granted.
F. 
The public interest in minimizing the cost and disruption of construction within the public ways.
G. 
The service that applicant will provide to the community and region.
H. 
The effect, if any, on public health, safety and welfare if the license is granted.
I. 
The availability of alternate routes and/or locations for the proposed facilities.
J. 
Applicable federal and state telecommunications laws, regulations and policies.
K. 
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.

§ 168-16. Agreement.

No license granted hereunder shall be effective until the applicant and the Village have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the Village will be exercised.

§ 168-17. Nonexclusive grant.

No license granted hereunder shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Village for delivery of telecommunications services or any other purposes.

§ 168-18. Limitation on rights granted.

No license granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.

§ 168-19. Construction permits.

All licensees are required to obtain construction permits for telecommunications facilities as required in Article VII of this chapter; provided, however, that nothing in this section shall prohibit the Village and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.

§ 168-20. Compensation to Village.

Each telecommunications license shall be subject to the Village's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the licensee; provided, nothing in this section shall prohibit the Village and a licensee from agreeing to the compensation to be paid.

§ 168-21. Amendment of license.

An amendment to an existing telecommunications license shall be required before any telecommunications carrier may extend or locate its telecommunications facilities in public ways of the Village which are not included in a license previously granted under this chapter.

§ 168-22. Renewal applications.

An application for renewal of a telecommunications license shall be filed not more than 180 days nor less than 90 days before expiration of the current license, and shall include the following information:
A. 
The information required pursuant to § 168-14.
B. 
Any additional information required pursuant to the existing license agreement between the Village and the grantee.

§ 168-23. Renewal determinations.

Within a reasonable time after receiving a complete application for renewal of a telecommunications license, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards and, if the renewal application is denied, the written determination shall include the reasons for nonrenewal.
A. 
The financial and technical ability of the applicant.
B. 
The legal capacity of the applicant.
C. 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
D. 
The applicant's compliance with the requirements of this chapter and the license agreement.
E. 
Applicable federal, state and local telecommunications laws, rules and policies.
F. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.

§ 168-24. Obligation to cure as condition of renewal.

No telecommunications license shall be renewed until any existing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Village.

Article IV. Telecommunications Franchise

§ 168-25. Franchise required.

A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public ways of the Village and to provide telecommunications services to any person or area in the Village.

§ 168-26. Franchise application.

Any person who desires a telecommunications franchise pursuant to this Article IV shall file an application with the Village which shall include the following information:
A. 
The identity of the franchise applicant, including all affiliates of the applicant.
B. 
A description of the telecommunications services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.
C. 
A description of the transmission medium that will be used by the franchisee to offer or provide such telecommunications services.
D. 
Preliminary engineering plans, specifications and a network map of the facilities to be located within the Village, all in sufficient detail to identify:
(1) 
The location and route requested for applicant's proposed telecommunications facilities.
(2) 
The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.
(3) 
The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers.
(4) 
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
E. 
If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
F. 
If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
(1) 
The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities;
(2) 
The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
G. 
If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
(1) 
The location proposed for the new ducts or conduits;
(2) 
The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
H. 
A preliminary construction schedule and completion dates.
I. 
A preliminary traffic control plan.
J. 
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
K. 
Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
L. 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
M. 
Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising.
N. 
An accurate map showing the location of any existing telecommunications facilities in the Village that applicant intends to use or lease.
O. 
A description of the services or facilities that the applicant will offer or make available to the Village and other public, educational and governmental institutions.
P. 
A description of applicant's access and line extension policies.
Q. 
The area or areas of the Village the applicant desires to serve and a schedule for buildout to the entire franchise area.
R. 
Payment of all fees, deposits or charges required pursuant to Article VI of this chapter.
S. 
Such other and further information as may be requested by the Village.

§ 168-27. Determination by Village.

Within a reasonable period of time after receiving a complete application for a telecommunications franchise, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards and, if the application is denied, the written determination shall include the reasons for denial.
A. 
The financial and technical ability of the applicant.
B. 
The legal capacity of the applicant.
C. 
The capacity of the public ways to accommodate the applicant's proposed facilities.
D. 
The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
E. 
The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.
F. 
The public interest in minimizing the cost and disruption of construction within the public ways.
G. 
The service that applicant will provide to the community and region.
H. 
The effect, if any, on public health, safety and welfare if the franchise requested is granted.
I. 
The availability of alternate routes and/or locations for the proposed facilities.
J. 
Applicable federal and state telecommunications laws, regulations and policies.
K. 
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.

§ 168-28. Agreement.

No telecommunications franchise shall be granted unless the applicant and the Village have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use public ways of the Village will be exercised.

§ 168-29. Nonexclusive grant.

No telecommunications franchise shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Village for delivery of telecommunications services or any other purposes.

§ 168-30. Limitation on rights granted.

No telecommunications franchise shall convey any right, title or interest in the public ways. Any such franchise shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title.

§ 168-31. Construction permits.

All franchisees are required to obtain construction permits for telecommunications facilities as required in Article VII of this chapter; provided, however, that nothing shall prohibit the Village and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.

§ 168-32. Compensation to Village.

Each telecommunications franchise shall be subject to the Village's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the franchisee; provided that nothing shall prohibit the Village and a franchisee from agreeing to the compensation to be paid, and further provided that the Village shall not fix an amount of compensation which is contrary to the provision of any such franchise agreement.

§ 168-33. Nondiscrimination.

A telecommunications franchisee shall make all of its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this section shall prohibit a franchisee from making any reasonable classification among differently situated customers.

§ 168-34. Service to Village.

A franchisee shall make its telecommunications services available to the Village at its most favorable rate for similarly situated users, unless otherwise provided in a license or franchise agreement.

§ 168-35. Amendment of franchise.

An amendment to a franchise shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in public ways of the Village which are not included in a franchise previously granted under this chapter.

§ 168-36. Renewal applications.

Unless otherwise provided by law, an application for renewal of a telecommunications franchise shall be filed not more than 240 days, nor less than 150 days, before expiration of the current franchise, and shall include the following information:
A. 
The information required pursuant to § 168-26 of this article.
B. 
Any information required pursuant to the franchise agreement between the Village and the grantee.

§ 168-37. Renewal determinations.

Within a reasonable time after receiving a complete application for renewal of a telecommunications franchise, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards and, if the renewal application is denied, the written determination shall include the reasons for nonrenewal.
A. 
The financial and technical ability of the applicant.
B. 
The legal capacity of the applicant.
C. 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
D. 
The applicant's compliance with the requirements of this chapter and the franchise agreement.
E. 
Applicable federal, state and local telecommunications laws, rules and policies.
F. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.

§ 168-38. Obligation to cure as condition of renewal.

No telecommunications franchise shall be renewed until any ongoing violations or defaults in the grantee's performance of the franchise agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Village.

Article V. Cable Franchise

§ 168-39. Additional regulations.

In addition to the provisions outlined in Article IV regarding franchise application, grant and authority, the approval of a cable franchise is also subject to the provisions and requirements outlined in this article.
A. 
Cable franchisees are subject to this chapter, the Cable Act, and such other federal and state statutes, rules and regulations as may be applicable.
B. 
If a conflict arises between the language in Article V and any other part of this chapter, the provisions of this Article V shall prevail.

§ 168-40. Description of system.

The minimum capacity for a cable system shall be 450 MHz with at least 77 downstream channels. Each cable franchise agreement shall require the franchisee to provide the Village with a written description of the cable system within the Village, including technical characteristics, channel capacity, channel carriage, and a strand map. The franchisee shall provide the Village with an updated description upon request by the Village, or whenever substantial changes in the system are made.

§ 168-41. Channel allocation.

The franchisee shall, to the maximum extent possible, assign as dial or station locations for local broadcast television stations carried on the system numbers, accessible by either a cable ready television or a converter, which correspond to their respective FCC-assigned television station call numbers.

§ 168-42. Access channels.

The franchisee shall provide access channels on the subscriber network for the exclusive use of designated institutions.
A. 
The number and use of said channels will be prescribed in the franchise agreements, and such channels shall be available on the lowest tier of basic service, without additional charge.
B. 
The franchisee shall make every reasonable effort to assign PEG (public, educational, government) channels to the same channels assigned to equivalent such channels by other providers within the Village, and in contiguous municipalities in which the franchisee also provides such channels.

§ 168-43. Renewal.

To the extent applicable, renewal shall be governed by the Cable Act.

§ 168-44. Service to Village.

Applications for franchises shall include proposals for the provision of public, educational and governmental access to the telecommunications system.

Article VI. Fees and Compensation

§ 168-45. Purpose.

It is the purpose of this article to provide for the payment and recovery of certain direct and indirect costs and expenses of the Village related to the enforcement and administration of this chapter.

§ 168-46. Application review fee.

A. 
Each applicant for a telecommunications license or franchise pursuant to Article III or IV of this chapter, or an amendment or renewal thereof, shall pay an application review fee established from time to time by resolution of the Board of Trustees or a percentage, established from time to time by resolution of the Board of Trustees, of the estimated cost of construction of applicant's proposed or existing telecommunications facilities, whichever is greater.[1] No application review fee shall be required of any applicant for a license or franchise pursuant to Article V of this chapter.[2]
[1]
Editor's Note: See Ch. A208, Fees.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
An applicant whose license or franchise application is withdrawn or abandoned prior to approval or denial shall, within 60 days of such withdrawal or abandonment, be refunded its application review fee, less a reasonable sum to be determined by the Village as its expenses incurred for the application and review process prior to the date of withdrawal or abandonment. Such expenses may include all ascertainable costs and expenses incurred by the Village in connection with the application.

§ 168-47. Reimbursement of other Village costs.

In addition to any application fee required by this chapter, each person to whom a telecommunications license or franchise or cable franchise is granted pursuant to Article III, IV or V of this chapter shall, within 30 days after written demand therefor by the Village, reimburse the Village for all direct or indirect costs or expenses, including professional fees, but not including salaries or overhead for Village employees, incurred by the Village in connection with any application for a telecommunications license, franchise, or cable franchise, or a modification, amendment, renewal or transfer thereof. Where the Village's authority with respect to such application has been exercised in whole or in part by an entity to whom the Village has delegated such authority, the Village's direct and indirect costs and expenses as provided in this section shall include the Village's share of such expenses incurred by such entity.

§ 168-48. Compensation for public ways.

In addition to any fees or reimbursements provided for in this article, the Village may annually fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise or cable franchise grantee. Nothing in this section shall prohibit the Village and a grantee from agreeing to the compensation to be paid for the granted property rights. Where a franchise or license agreement contains provision for such compensation, no further compensation for public way shall be required pursuant to this section.

§ 168-49. Compensation for Village property.

If a right is granted, by lease, license, franchise or other manner, to use and occupy Village property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the Village, unless otherwise agreed upon in the license or franchise agreement, in addition to any other fee or reimbursement provided for in this article.

§ 168-50. Construction permit fee.

Whenever a permit is required for any construction proposed by a telecommunications licensee or franchisee, or cable television franchisee, pursuant to any other law, rule or regulation, payment of any fee required for such permit shall be required, unless otherwise agreed upon in the license or franchise agreement.

§ 168-51. Annual fees.

Unless otherwise agreed in a license or franchise grant agreement, each license or franchise grantee shall pay an annual license fee to the Village equal to a percentage, as established from time to time by resolution of the Board of Trustees, of the gross revenues received by the licensee or franchisee pursuant to the said license or franchise fee. Such annual fee may be used by the Village for payment or reimbursement of costs incurred in connection with reviewing, inspecting and supervising the use and occupancy of the public ways in behalf of the public and existing or future users, and the administration and supervision of the exercise of the license or franchise or for any other purpose permitted by law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article VII. Conditions of Grant

§ 168-52. Location of facilities.

All facilities shall be constructed, installed, located, used and operated in accordance with the terms and conditions contained in a license or franchise agreement.

§ 168-53. Construction permits.

All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in §§ 168-19 and 168-31 of this chapter. However, nothing in this chapter shall prohibit the Village and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.

§ 168-54. Interference with public ways.

No licensee or franchisee may locate or maintain telecommunications facilities so as to unreasonably interfere with the use of the public ways by the Village, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the franchisee or licensee, temporarily or permanently, as determined by the Village Engineer, at the sole cost and expense of the franchisee or licensee.

§ 168-55. Damage to property.

No franchisee or licensee, nor any person acting on their behalf, shall take any action or permit any action to be done which may impair or damage any Village property, public way of the Village, other ways or other property located in, on or adjacent thereto.

§ 168-56. Notice of work.

Unless otherwise provided in a license or franchise agreement, no franchisee or licensee, nor any person acting on their grantee's behalf, shall commence any nonemergency work in or about the public ways of the Village or other ways without 10 working days' advance written notice to the Village.

§ 168-57. Repair and emergency work.

In the event of an unexpected repair or emergency, a franchisee or licensee may commence such repair and emergency response work as required under the circumstances, provided notification is given the Village as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.

§ 168-58. Maintenance of facilities.

Each franchisee and licensee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.

§ 168-59. Relocation or removal of facilities.

Within 30 days following written notice from the Village, a license or franchise grantee shall, at its own expense, temporarily or permanently, remove, relocate, change or alter the position of any telecommunications facilities within the public ways, at the franchisee or licensee's sole cost and expense, whenever the corporate authorities shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
A. 
The construction, repair, maintenance or installation of any Village or other public improvement in or upon the public ways.
B. 
The operations of the Village or other governmental entity in or upon the public ways.

§ 168-60. Removal of unauthorized facilities.

No later than 30 days following written notice from the Village, any franchisee, licensee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the Village shall, at its own expense, remove such facilities or appurtenances from the public ways of the Village. A telecommunications system or facility is unauthorized and its facilities subject to removal in the following circumstances:
A. 
Upon expiration or termination of the grantee's telecommunications license or franchise.
B. 
Upon abandonment of a facility within the public ways of the Village.
C. 
If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise.
D. 
If the system or facility was constructed or installed without the prior issuance of a required construction permit.
E. 
If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise.

§ 168-61. Emergency removal or relocation of facilities.

The Village retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.

§ 168-62. Facilities maps.

Each registrant, franchisee, and licensee shall provide the Village with an accurate map or maps certifying the location of all telecommunications facilities within the public ways, and shall provide updated maps annually.

§ 168-63. Duty to provide information.

Within 10 days of a written request from the Village, each franchisee and licensee shall:
A. 
Furnish the Village with information sufficient to demonstrate that the franchisee or licensee has complied with all requirements of this chapter, and that all municipal sales, message and/or telecommunications or other taxes due the Village in connection with the telecommunications services and facilities provided by the franchisee or licensee have been properly collected and paid.
B. 
Make all books, records, maps and other documents, maintained by the franchisee or licensee with respect to its facilities within the public ways, available for inspection by the Village at reasonable times and intervals.

§ 168-64. Grantee insurance.

A. 
Unless otherwise provided in a license or franchise agreement, each franchisee and licensee shall, as a condition of the franchise or license, secure and maintain the following insurance policies, and shall provide the Village with appropriate endorsements demonstrating with respect to all liability insurance policies that the Village and its elected and appointed officers, officials, agents and employees are named as principal or additional insureds:
(1) 
Comprehensive general liability insurance with limits not less than:
(a) 
Five million dollars for bodily injury or death to each person;
(b) 
Five million dollars for property damage resulting from any one accident; and,
(c) 
Five million dollars for all other types of liability.
(2) 
Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.
(3) 
Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
(4) 
Comprehensive for premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.
B. 
The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Unless otherwise agreed by the Village, each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 30 days after receipt by the Village, by registered or certified mail, of a written notice addressed to the Village of such intent to cancel or not to renew."
C. 
In the event the Village receives notice of such cancellation or intention not to renew, within 20 days after receipt of said notice, and in no event later than 10 days prior to said cancellation, the franchisee or licensee shall obtain and furnish to the Village documentation of replacement insurance policies meeting the requirements of this section.

§ 168-65. General indemnification.

Each licensee or franchisee shall, to the extent permitted by law, defend, indemnify and hold the Village and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.

§ 168-66. Security fund.

Where the license or franchise agreement provides for a security fund to be used for payments of penalties, if any, imposed for violation or breach of the conditions of any such agreement or license, such fund shall serve as security for the full and complete performance of the terms and conditions of the license or franchise agreement, and the requirements of this chapter, including any costs, expenses, damages or loss the Village pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the Village.
A. 
Before any sums are withdrawn from the security fund, the Village shall give written notice to the grantee:
(1) 
Describing the act, default or failure to be remedied, or the damages, cost or expenses which the Village has incurred by reason of grantee's act or default;
(2) 
Providing a reasonable opportunity for grantee to first remedy the existing or ongoing default or failure, if applicable;
(3) 
Providing a reasonable opportunity for grantee to pay any moneys due the Village before the Village withdraws the amount thereof from the security fund, if applicable;
(4) 
Providing that the grantee will be given an opportunity to review the act, default or failure described in the notice.
B. 
The licensee or franchisee shall replenish the required security fund within 14 days after written notice from the Village that there is a deficiency in the amount of the fund.

§ 168-67. Assignments or transfers of grant.

Ownership or control of a telecommunications system, license or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the Village, which consent shall not be unreasonably withheld or delayed, as expressed by resolution, and then only on such reasonable conditions as may be prescribed therein.
A. 
No grant shall be assigned or transferred in any manner within 12 months after the initial grant of the license or franchise, unless otherwise provided in a license or franchise agreement.
B. 
Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
C. 
The franchisee or licensee, and the proposed assignee or transferee of the franchise, license, system or facility shall provide and certify the following information to the Village not less than 150 days prior to the proposed date of transfer:
(1) 
Complete information setting forth the nature, terms and condition of the proposed transfer or assignment;
(2) 
All information required of a license or franchise applicant pursuant to Article III, IV or V of this chapter with respect to the proposed transferee or assignee;
(3) 
Any other information reasonably required by the Village.
D. 
No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this chapter.
E. 
Unless otherwise provided in a license or franchise agreement, the grantee shall reimburse the Village for all direct and indirect fees, costs, and expenses reasonably incurred by the Village in considering a request to transfer or assign a telecommunications license or franchise.
F. 
Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the Village under this section or pursuant to a license or franchise agreement shall be void and is cause for revocation of the grant.

§ 168-68. Transactions affecting control of grant.

Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth of grantee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Village approval pursuant to § 168-67 hereof. Transactions between affiliated entities are not exempt from Village approval.

§ 168-69. Revocation or termination of grant.

A license or franchise granted by the Village to use or occupy public ways of the Village may be revoked for the following reasons:
A. 
Construction or operation in the Village or in the public ways of the Village without a license or franchise grant of authorization.
B. 
Construction or operation at an unauthorized location.
C. 
Unauthorized substantial transfer of control of the grantee.
D. 
Unauthorized assignment of a license or franchise.
E. 
Unauthorized sale, assignment or transfer of grantee's franchise or license assets, or a substantial interest therein.
F. 
Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Village.
G. 
Abandonment of telecommunications facilities in the public ways.
H. 
Failure to relocate or remove facilities as required in this chapter.
I. 
Failure to pay taxes, compensation, fees or costs when and as due the Village.
J. 
Insolvency or bankruptcy of the grantee.
K. 
Violation of material provisions of this chapter.
L. 
Violation of the material terms of a license or franchise agreement.

§ 168-70. Notice and duty to cure.

Unless otherwise provided in the license or franchise agreement, in the event that the Village believes that grounds exist for revocation of a license or franchise, it shall give the licensee or franchisee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:
A. 
That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.
B. 
That rebuts the alleged violation or noncompliance.
C. 
That it would be in the public interest to impose some penalty or sanction less than revocation.

§ 168-71. Hearing.

The Village Board of Trustees, or a person designated by the Board of Trustees for such purpose, shall consider the apparent violation or noncompliance in a public meeting, with respect to which the corporate authorities shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.

§ 168-72. Standards for revocation or lesser sanctions.

If persuaded that the grantee has violated or failed to comply with material provisions of this chapter, or of a franchise or license agreement, the corporate authorities shall determine whether to revoke the license or franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
A. 
Whether the misconduct was egregious.
B. 
Whether substantial harm resulted.
C. 
Whether the violation was intentional.
D. 
Whether there is a history of prior violations of the same or other requirements.
E. 
Whether there is a history of overall compliance.
F. 
Whether the violation was voluntarily disclosed, admitted or cured.

Chapter 172. Trees

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 9-11-2013 by L.L. No. 6-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vandalism to trees — See Ch. 123.
Property maintenance — See Ch. 139.
Tree trimming, cutting and removal — See Ch. 173.
Perimeter shrubs — See Ch. A206.
[1]
Editor's Note: This ordinance amended in its entirety former Ch. 172, Trees, which comprised Art. I, Planting and Maintenance, adopted 4-7-1971 as Sec. G106 of the 1971 Code, as amended; and Art. II, Preservation, adopted 11-10-2010 by L.L. No. 1-2010.

Article I. General Provisions

§ 172-1. Findings.

A. 
The Board of Trustees of the Incorporated Village of Munsey Park hereby finds that there is a direct relationship between preservation of and the planting of trees, shrubs and associated vegetation in sufficient number in populated areas of the Incorporated Village of Munsey Park and the health, safety and welfare of the Incorporated Village of Munsey Park residents. The Board of Trustees further finds that trees, shrubs and associated vegetation are related to the natural, scenic and aesthetic values and the physical and visual qualities of the environment which the Incorporated Village of Munsey Park is obligated to protect. Trees and such vegetation reduce noise, provide welcome shade to the Incorporated Village of Munsey Park residents, preserve the balance of oxygen in the air by removing carbon dioxide and foster air quality and create a bucolic and rural atmosphere in the Incorporated Village of Munsey Park, especially along the roads. Trees also stabilize the soil and control water pollution by preventing soil erosion and flooding, yield advantageous climatic effects and provide a natural habitat for wildlife.
B. 
The destructive and indiscriminate removal of trees and related vegetation causes increased Incorporated Village of Munsey Park costs for proper drainage control, impairs the benefits of occupancy of existing residential properties, impairs the stability and value of both improved and unimproved real property in the area of the destruction and adversely affects the health, safety and general welfare of the residents of the Incorporated Village of Munsey Park.

§ 172-2. Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the following meanings:
APPLICANT
The person applying for a permit required by this chapter.
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of Munsey Park.
HABIT
The natural growing characteristics of any tree or specimen tree, which includes branch spread and distribution, branch height above ground and root spread and distribution.
HABITAT
The existing conditions in which a tree or trees are growing, including but not limited to existing grade, surrounding vegetation, adjacent structures, drainage conditions, and sun/ wind exposure.
NONSPECIMEN TREE
Any living, woody plant of a species that is not defined as a specimen tree with a caliper (diameter at four feet six inches height above ground level) of 12 inches or more.
PERSON
Any resident of Munsey Park or any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind or agent thereof.
REAL PROPERTY
Includes all unimproved and improved real property within the Incorporated Village of Munsey Park.
SPECIMEN TREE
Any living, woody plant of the following species with a caliper (diameter at four feet six inches height above ground level) of six inches or more:
A. 
Deciduous trees:
Ash (Fraxinus), all species
Beech (Fagus), American species and European species and its cultivars Birch (Betula), all species
Black locust (Robinia pseudo-acacia)
Coffee-tree (Gymnocladus dioica)
Elm (Umus), American and English species
Flowering cherry (Prunus)
Flowering crabapple (Malus)
Flowering dogwood (Comus), American or Chinese species
Hawthorn (Crataegus), any species or named cultivar
Hickory (Carya), any species
Honey locust (Gledilsia)
Hornbeam (Carpinus), all species
Horse chestnut (Aesculus), all species
Japanese maple
Japanese pagoda tree (Sophora japonica)
Linden (Tifia), all species and cultivars
Magndia (Magnolia), all species
Maple (Acer)
Mountain ash (Sorbus), any species
Oak (Quercus), all species
Phellodendron amurense
Plane-tree (Platanus)
Sassafras (Sassafras albidum)
Serviceberry (Amelmichier), all species
Sorrell tree or sourwood (Oxydendrum arboreum)
Tulip tree (Liriodendrom Tulipfera)
Walnut (Juglaris nigra)
Yellow wood (Cladrastis lutea), six inches in diameter or more
Zelkova (Zelkova japanica)
B. 
Evergreen trees:
Arbor vitae (Thuja occidentalis)
Cedar (Cedrus), all varieties
Douglas fir (Pseudotsuga menziesii)
False cypress (Chamaecyparis), all species and cultivars
Firs (Abies) all species
Hemlock (Tsuga), Canadian and Carolina species and cultivars
Holly (Ilex), all species
Pines (Pinus), all species
Spruce (Picea), all species
Yew (Taxus), all species, hybrids and cultivars
C. 
Shrubs, evergreen:
Mountain laurel (Kalmia latifolia), four inches in diameter or more
Rhododendron (Rhododendron), all species, hybrids and cultivars, four inches in diameter or more.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating of a tree or Specimen free which impairs, destroys or endangers the life of such tree or specimen tree or its habit or habitat, and shall include but shall not be limited to heavy or unnecessary cutting of top branches and cutting of major lower limbs. The addition of excessive soil or mulch at the base of any tree, cutting or filling of the grade in the critical root zone and chemical damage to roots, trunk and crown are included in this definition.
TREE COMMITTEE
The committee of three persons appointed by the Board of Trustees to carry out the duties of the Tree Committee as set forth in this chapter.

Article II. Planting and Maintenance of Trees, Shrubs or Flowers on Public Property

§ 172-3. Planting.

No trees, shrubs, or flowers shall be planted in or upon the Incorporated Village of Munsey Park property, including but not limited to any road, street, highway, Village right-of-way, or public place in the Incorporated Village of Munsey Park until a permit therefor has been issued by the Village Clerk.

§ 172-4. Pruning and cutting.

No trunk, root, stem, branch or leaf of any tree, shrub or flower on any such Incorporated Village of Munsey Park property, including but not limited to any road, street, highway, Village right-of-way, or public place in the Incorporated Village of Munsey Park shall be cut, broken or otherwise destroyed or interfered with in any way by any individual or by any officers, servants or employees of a public or private corporation until a permit shall have been issued therefor by the Village Clerk.

§ 172-5. Preservation.

No horse, dog or other animal shall be permitted to stand, walk or run in a manner where it may cut, deface or mutilate any shade or ornamental tree, shrubs or flowers; and no building or other material or debris of any kind shall be piled or maintained against any tree or shrub; and no guy rope, cable or other contrivance and no signs of any kind, nature or description shall be attached to any tree or shrub on any such Incorporated Village of Munsey Park property, including but not limited to any road, street, highway, Village right-of-way, or public place in the Incorporated Village of Munsey Park.

Article III. Planting and Maintenance of Trees, Shrubs or Flowers on Applicant's Property

§ 172-6. Prohibited acts; exceptions.

A. 
It shall be unlawful for any person without a permit to remove, destroy or substantially alter the habit or habitat of any tree specified above located on any real property within the Incorporated Village of Munsey Park, or to cause such removal, destruction, or substantial alteration of:
(1) 
Any specimen tree having a diameter equal to or greater than the size specified in § 172-2, which diameter is measured at four feet six inches above ground level.
(2) 
Any nonspecimen tree having a diameter equal to or greater than the size specified in § 172-2, which diameter is measured at four feet six inches above ground level.
(3) 
The habit or habitat of any tree or specimen tree named in § 172-2, irrespective of dimensions.
B. 
This article shall not apply in any emergency situation in which the removal, destruction or substantial alteration of any specimen or nonspecimen tree is necessary to prevent reasonably imminent danger to human life or property, as determined by the Tree Committee, or to the removal, destruction or substantial alteration of the habit or habitat of any specimen or nonspecimen tree accomplished pursuant to customarily accepted ornamental or therapeutic practices.

§ 172-7. Replacement.

[Amended 7-9-2014 by L.L. No. 4-2014]
A. 
The Tree Committee may require the planting of another tree or trees (specimen or nonspecimen) which is/are as nearly comparable in type and size as practical to the specimen or nonspecimen trees to be removed, destroyed or affected by the alteration. The Tree Committee may specify or may allow the homeowner to choose the location for planting of the replacement specimen or nonspecimen tree or trees. However, when the tree or trees (specimen or nonspecimen) to be removed, destroyed or affected by the alteration is/are located within 10 feet of any property line, the Tree Committee shall require the planting of another tree or trees (specimen or nonspecimen) which is/are as nearly comparable in type and size as practical to the specimen or nonspecimen trees to be removed, destroyed or affected by the alteration.
B. 
The required replacement and written notification to the Tree Committee of the replacement must be completed within six months of the issuance of the permit.
C. 
In addition to any permit fees, as specified in § 172-16, the applicant shall deposit with the Village Clerk the sum of $500 per application. The deposit amount will be returned to the applicant when the Tree Committee has determined that compliance with the replacement provision has occurred. Failure to comply with the replacement provision of this article will result in the forfeiture of the applicant's deposit. The forfeiture of the deposit will not relieve the applicant from compliance with the replacement provisions of this article or the penalties pursuant to § 172-12.

Article IV. Planting and Maintenance of Trees, Shrubs or Flowers Not Located on Public Property or on Applicant's Property

§ 172-8. Notification to neighbors.

Where a tree's trunk rests wholly or partially on a neighbor's property, no person may submit an application to remove, alter, or prune the overhanging branches or vegetation of such tree or otherwise substantially alter such tree until such person has obtained the consent, in writing, of his or her abutting neighbor, to attach to the submission of the application, of his or her intention to remove, alter, prune, or substantially alter such tree. If such consent is withheld, a resident may submit an application for a permit "consent sought and withheld" and seek recommendation of the Tree Committee pursuant to § 172-9.

§ 172-9. Required removal.

Every owner, lessee, tenant, occupant or other person having possession or charge of any lot or plot of ground in the Incorporated Village of Munsey Park shall maintain all trees on such lot in such condition that they do not adversely affect the health, safety and general welfare of the residents of the Incorporated Village of Munsey Park, the public or to the streets, sidewalks or underground or aboveground improvements, including but not limited to the usefulness of a public sewer or public utility. Whenever a dangerous or menacing condition shall exist, as recommended by the Tree Committee, a notice shall be served forthwith upon the owner, lessee, tenant, occupant, or other person having possession or charge of the lot or plot upon which such condition exists, requiring him or her to correct such condition within 10 days after receipt of such notice, or within such longer period as the Village Mayor may deem necessary. In case of the failure of the owner or occupant of such real property to comply with such notice within the time therein mentioned, said conditions may be corrected at the direction of an order of the court or by the Incorporated Village of Munsey Park at the expense and charge of such owner, lessee, tenant, occupant or other person having possession or charge of said real property, such expense to be certified by the Village Mayor and to be collected by suit in the name of the Incorporated Village of Munsey Park if not paid to the Village Treasurer within five days after demand. In addition, such expense may be added to the tax bill of the real property and shall become a lien on such real property in the same manner as any Village tax, and may be collected and enforced in such manner as Village Tax.

§ 172-10. Replacement.

[Amended 7-9-2014 by L.L. No. 5-2014]
A. 
The Tree Committee may require the planting of another tree or trees (specimen or nonspecimen) which is/are as nearly comparable in type and size as practical to the specimen or nonspecimen trees to be removed, destroyed or affected by the alteration. The Tree Committee may specify or may allow the homeowner to choose the location for planting of the replacement specimen or nonspecimen tree or trees. However, when the tree or trees (specimen or nonspecimen) to be removed, destroyed or affected by the alteration is/are located within 10 feet of any property line, the Tree Committee shall require the planting of another tree or trees (specimen or nonspecimen) which is/are as nearly comparable in type and size as practical to the specimen or nonspecimen trees to be removed, destroyed or affected by the alteration.
B. 
The required replacement and written notification to the Tree Committee of the replacement must be completed within six months of the issuance of the permit.
C. 
In addition to any permit fees, as specified in § 172-16, the applicant shall deposit with the Village Clerk the sum of $500 per application. The deposit amount will be returned to the applicant when the Tree Committee has determined that compliance with the replacement provision has occurred. Failure to comply with the replacement provision of this article will result in the forfeiture of the applicant's deposit. The forfeiture of the deposit will not relieve the applicant from compliance with the replacement provisions of this article or the penalties pursuant to § 172-12.

Article V. Rules and Regulations; Penalties for Offenses; Rights and Remedies

§ 172-11. Rules and regulations.

The Board of Trustees may promulgate rules, regulations and standards to ensure the quality, efficiency and effectiveness of the enforcement, interpretation, and implementation of this chapter.

§ 172-12. Penalties for offenses.

Any person who shall violate any provision of this chapter shall be deemed guilty of a violation and, upon conviction thereof, the court may impose a fine of no less than $750 and no more than $10,000. The court, in addition to any penalties imposed, may order any person convicted of violating the provisions of this chapter to replace any specimen or nonspecimen tree(s) illegally removed, destroyed or substantially altered. The court shall use its discretion whether to specify the size, type or location of the tree. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.

§ 172-13. Additional rights and remedies not affected.

Nothing herein shall abridge or alter any rights or remedies now or hereinafter existing, nor shall this article nor any provision thereof nor any rule or regulation promulgated thereunder be construed as estopping or preventing the Incorporated Village of Munsey Park from exercising its rights and fulfilling its obligations to protect the public health, safety and welfare.

Article VI. Permits

§ 172-14. Issuance of permits.

Permits under the provisions of this chapter shall be issued by the Village Clerk, upon application being made therefor in writing.

§ 172-15. Application procedure: criteria for issuance of permit.

A. 
Application for a permit shall be made to the Village Clerk.
B. 
The application shall be made on such forms as may be prescribed by the Village Clerk and shall include but not be limited to the following:
(1) 
The name and address of the applicant.
(2) 
The name and address of the arborist to do the work.
(3) 
The purpose of the proposed removal, destruction or alteration
(4) 
The site of the proposed removal, destruction or alteration.
C. 
The following may be required:
(1) 
A sketch or plan of the area, indicating an outline of existing, wooded areas on the site, showing the specimen or nonspecimen tree species and sizes.
(2) 
A sketch or plan of the area, indicating the location and size of specimen or nonspecimen trees to be affected by the proposed removal, destruction or alteration.
(3) 
A sketch or plan of the area, indicating the location of any improvements on the real property.
(4) 
Any additional information that the Tree Committee may deem necessary for evaluation of the application, including, at the discretion of the Tree Committee, a signed advisory opinion or recommendation from a currently certified ISA arborist.
(5) 
Any application for a permit to remove, destroy, prune the overhanging branches or vegetation, or otherwise substantially alter any specimen or nonspecimen tree that is wholly or partially on a neighbor's property shall include a written consent, of the applicant's abutting neighbor, of the applicant's intention to remove, alter, prune, or substantially alter such tree. If such consent is withheld, a resident may submit an application for a permit "consent sought and withheld" and seek recommendation of the Tree Committee pursuant to § 172-9.
D. 
The decision of the Tree Committee shall be based upon the following criteria:
(1) 
The condition of the specimen or nonspecimen trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services.
(2) 
The necessity of the removal, destruction or alteration of the specimen or nonspecimen tree in question.
(3) 
The effect of the removal, destruction or alteration on ecological systems.
(4) 
The intended impact at the proposed site of the removal, destruction or alteration with respect to existing vegetation and landscape management practices.
(5) 
The impact of any removal, destruction or alteration upon existing screening or any road or highway bordering the property.
E. 
All alteration and pruning shall be done in full compliance with ANSI A300 (Part 1) 2008 standards.
F. 
The decision of the Tree Committee may be appealed pursuant to the provisions of § 173-12.

§ 172-16. Fees.

The application fee herein shall be established from time to time by resolution of the Board of Trustees.

Chapter 173. Tree Trimming, Cutting and Removal

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 11-10-2010 by L.L. No. 2-2010; amended in its entirety 9-11-2013 by L.L. No. 6-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Vandalism to trees — See Ch. 123.
Property maintenance — See Ch. 139.
Trees — See Ch. 172.
Perimeter shrubs — See Ch. A206.

§ 173-1. Statement of policy and objectives.

A. 
In the interest of the public health, safety and general welfare of its residents, the Board of Trustees has deemed it necessary to regulate and license businesses performing tree removal, cutting, or tree trimming services in the Incorporated Village of Munsey Park.
B. 
The objective of this chapter is to establish licensing procedures and promulgate regulations and standards applicable to the removal, cutting or trimming of trees in the Incorporated Village of Munsey Park as shall be deemed necessary by the Board of Trustees to carry out the provisions of Chapter 172 for the benefit of the public good.

§ 173-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ARBORIST
Any person or business which operates, conducts, or supervises a business which removes, prunes, cuts or trims trees as part or all of its services.
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of Munsey Park.
TREE COMMITTEE
The committee of three persons appointed by the Board of Trustees to carry out the duties of the Tree Committee as set forth in Chapter 172 of the Village Code.
VEHICLE
A vehicle designed, built, or used for the purpose of removal, cutting or trimming of trees.

§ 173-3. Regulation of arborists.

A. 
All arborists doing business in the Incorporated Village of Munsey Park shall be licensed by the Incorporated Village of Munsey Park. It shall be a violation of this chapter for any arborist to operate, engage in, conduct or supervise such services on any property in the Incorporated Village of Munsey Park without having a current, valid license issued pursuant to this chapter, together with such other municipal permits as may be required by law.
B. 
It shall be a violation of this chapter for any arborist to fail to abide by the Village Code or any rules and regulations adopted by the Board of Trustees in furtherance of this chapter.

§ 173-4. Licensing procedure.

A. 
Application required. Every arborist intending to do business within the Incorporated Village of Munsey Park shall file a written, verified application with the Village Clerk on the forms provided.
B. 
Application form. The application shall contain:
(1) 
The name and address of the applicant.
(2) 
If the applicant conducts business under a trade name, it shall be noted on the application.
(3) 
The name, address and telephone number, both day and night, of the applicant or the person in charge of the business.
(4) 
A sworn statement by the arborist or its officer, if not a natural person, that he or she has read and understands the provisions of Chapters 172 and 173 of the Village Code and agrees to comply with such provisions.

§ 173-5. Insurance.

A. 
Before a license may be issued or renewed by the Village Clerk, each applicant shall file with the Village Clerk certificates of insurance coverage demonstrating that the following insurance coverage is in full force and effect during the term of the license:
(1) 
Workers' compensation insurance.
(2) 
Disability benefits insurance.
(3) 
Public liability insurance.
(4) 
Property damage insurance.
B. 
The Incorporated Village of Munsey Park shall be named as an additional insured.
C. 
The Board of Trustees may, by resolution, require minimum liability limits.

§ 173-6. Duration and renewal of license: fees.

A. 
An application filed and approved in accordance with this chapter shall be deemed a license.
B. 
Every license issued shall be effective the first day of January, or such subsequent day of issuance, and shall expire on the 31st day of December next succeeding, unless suspended or revoked by the Incorporated Village of Munsey Park.
C. 
A license may be renewed upon filing a renewal application with the Village Clerk together with payment of the appropriate renewal fee; provided, however, that the applicant is in full compliance with all rules, regulations and provisions of this chapter.
D. 
Fees for a license shall be established from time to time by resolution of the Village Board of Trustees.

§ 173-7. Issuance of license.

A license shall be issued by the Village Clerk within five days after submission of a completed application by marking the application "approved" together with the date of such approval and the signature of the Village Clerk. A license shall not be issued to an applicant by the Village Clerk unless the applicant has complied with all terms and conditions of this chapter and all rules and regulations adopted by the Board of Trustees.

§ 173-8. Denial or revocation of license.

A. 
The Village Clerk may deny or revoke a license for the following grounds:
(1) 
False statement or knowing misrepresentation made in a license application.
(2) 
Violations of any provision of Chapters 172 or 173 of the Code of the Incorporated Village of Munsey Park, or rules and regulations promulgated thereunder.
(3) 
Failure to properly dispose of cut tree material within seven days.
(4) 
Upon cessation of the business for which a license was previously issued.
B. 
Upon revocation or the expiration of a license, any license issued hereunder shall be surrendered to the Village Clerk.

§ 173-9. Duty to keep records.

Every licensee shall keep complete and accurate books showing what business the licensee is conducting within the jurisdictional boundary of the Incorporated Village of Munsey Park. All such records shall be retained by the licensee for at least three years.

§ 173-10. Licensee identification.

The license or a photocopy and the permit or a photocopy shall be prominently displayed on any vehicle used while performing work in the Incorporated Village of Munsey Park.

§ 173-11. Surrender of license.

Upon the sale, dissolution, suspension or discontinuance, whether voluntary or involuntary, of the business of a licensee, it shall be the duty of the licensee to notify the Village Clerk and surrender the license to the Clerk.

§ 173-12. Appeals.

The holder of any license which has been revoked, and any applicant who shall have been denied a license under this chapter, may petition the Board of Trustees for review of the determination as follows:
A. 
The petition for review shall be in writing, signed and acknowledged by the applicant or licensee, and shall state the ground or grounds on which the petitioner claims that the determination was improper or illegal.
B. 
The petition shall be filed with the Village Clerk within 20 days after notification of denial or revocation has been mailed to him/her by certified mail.
C. 
Upon filing of the written petition, a hearing shall be held pursuant to the provisions of § 173-13.

§ 173-13. Hearings.

A. 
A hearing shall be held on the date, place and hour designated by the Mayor.
B. 
The Mayor shall designate two or more members of the Village Board of Trustees to conduct said hearing as a Review Board.
C. 
The Village Clerk shall give notice, stating the name and address of the petitioner, the subject matter of the hearing and the date, place and hour designated, by mailing a copy to the petitioner at the address shown upon the most recent application at least 10 days prior to said hearing.
D. 
At the hearing, the Review Board shall consider the petition, the Village Clerk's reasons for denial or revocation of the license and, in its discretion, any new or additional evidence in support of, or in opposition to, the petition or Clerk's actions.
E. 
The Review Board, after public hearing, shall have the authority to affirm, reverse or modify the actions of the Village Clerk, including the authority to impose reasonable conditions for the issuance of any permit.
F. 
Within 14 days after the hearing, the Review Board shall submit its determination to the applicant and the full Board of Trustees.

§ 173-14. Rules and reputations.

The Board of Trustees may promulgate rules, regulations and standards to ensure the quality, efficiency and effectiveness of the enforcement, interpretation, and implementation of this chapter.

§ 173-15. Penalties for offenses.

It shall be unlawful for any arborist to remove, cut, trim or alter any tree in the Incorporated Village of Munsey Park without obtaining a license as required by Chapter 173 of the Code. In addition to any other penalty permitted by law, any such violations shall be punishable by a fine of not more than $1,000 for each occurrence. For the purposes of this chapter, each tree removed, cut, trimmed or altered shall be a separate occurrence.

§ 173-16. Disclaimer of obligation and liability.

Notwithstanding the payment of any license fee or the issuance of any license by the Incorporated Village of Munsey Park, the Incorporated Village of Munsey Park, including its agents and employees, shall be under no obligation whatsoever concerning the adequacy, operation, or maintenance of such business or of its service to the Incorporated Village of Munsey Park residents, nor does the Incorporated Village of Munsey Park assume any liability whatsoever for the actions of any licensed business.

Chapter 176. Towing

[The Town of North Hempstead regulates towing services within the Village of Munsey Park.]
GENERAL REFERENCES
Vehicles and traffic -- See Ch. 188.

Chapter 183. Vehicles, Abandoned

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-8-1992 by L.L. No. 3-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 123.
Property maintenance — See Ch. 139.
Zoning — See Ch. 200.

§ 183-1. Findings; purpose.

The outdoor storage of abandoned motor vehicles upon privately owned properties within the Village of Munsey Park is dangerous, unsightly and a detriment to the preservation of public health, the protection of property and the safety and welfare of the residents of the Village of Munsey Park. The control of the outdoor storage of abandoned motor vehicles upon privately owned properties within the Village of Munsey Park is, therefore, regulated for the preservation of the public health, safety and welfare of the residents of the Village of Munsey Park.

§ 183-2. Definitions.

The following terms shall have the meanings indicated:
ABANDONED VEHICLE
A motor vehicle left unattended on private property in the Village of Munsey Park for more than 30 days without duly registered and currently valid license plate or number plate being affixed thereto.
MOTOR VEHICLE
Every vehicle operated, driven or intended to be driven upon a public highway which is propelled by any motor other than muscular power, except:
A. 
Electrically driven mobility assistance devices operated or driven by a person with a disability.
B. 
Vehicle which is run only upon rails or tracks.
C. 
Snowmobiles.
D. 
All-terrain vehicles.

§ 183-3. Prohibited acts.

It shall be unlawful for any owner, occupant, lessee, agent or tenant of any private property in a Residential District in the Village of Munsey Park to store or deposit, or suffer or permit to be stored or deposited, any abandoned vehicle outside a fully enclosed building on such property.

§ 183-4. Penalties for offenses.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 183-5. Additional remedies.

In addition to the penalties provided in § 183-4 hereof, if said abandoned vehicle is not removed within 10 days after conviction for violating this chapter, the Village of Munsey Park may cause such vehicle to be removed and the total cost of such removal may be assessed upon the real property upon which the vehicle is situated, with such charge to constitute a lien on said real property until paid or otherwise satisfied and discharged and may be collected by the Treasurer of the Village of Munsey Park in the manner provided by law for the collection of delinquent taxes.

Chapter 188. Vehicles and Traffic

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Streets and sidewalks — See Ch. 157.
Towing — See Ch. 176.
Abandoned vehicles — See Ch. 183.

Article I. Penalties

[Adopted 2-13-2013 by L.L. No. 1-2013]

§ 188-1. Penalties for parking offenses.

A. 
Notwithstanding any other local law or any ordinance of the Village of Munsey Park, every person convicted of a violation of any Village parking regulation that is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be punishable by a fine not exceeding $750 or imprisonment for not more than 15 days, or both.
B. 
Each day that a violation of the Village parking regulations that is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall continue shall be deemed a separate and distinct offense.

Article II. Traffic and Parking Regulations

[At the time of Code publication, the Board of Trustees was reviewing a comprehensive model vehicles and traffic local law, setting forth the traffic and parking regulations of the Village of Munsey Park. Upon final adoption, said traffic and parking provisions will be included in this article.]

Chapter 200. Zoning

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 4-7-1971 as Part 3 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Building construction and fire prevention — See Ch. 87.
Exterior lighting — See Ch. 112.
Noise — See Ch. 119.
Property maintenance — See Ch. 139.
Protective restrictions — See Ch. 141.
Telecommunications licenses and franchises — See Ch. 168.
Storage of abandoned vehicles — See Ch. 183.
Fees — See Ch. A208.

Article I. Title; Terminology

§ 200-1. Enactment; title.

[Amended 10-10-2001 by L.L. No. 2-2001]
The Board of Trustees of the Incorporated Village of Munsey Park, by virtue of the power and authority granted it under and pursuant to the provisions of Article 7 of the Village Law of the State of New York, does hereby ordain and enact the following chapter, which shall be known and may be cited as the "Zoning Ordinance of the Incorporated Village of Munsey Park."

§ 200-2. Definitions; word usage.

A. 
Certain words in this chapter are defined for the purposes thereof as follows:
ACCESSORY BUILDING
Building not more than 1 1/2 stories in height, subordinate to the main building on a lot, and used for purposes customarily incidental to the main building.
[Amended 12-13-1989 by L.L. No. 4-1989]
ADEQUATE COVERAGE
Coverage for personal wireless service facilities is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal as measured outdoors at a height of six feet above the ground is capable of being sent and received. It is acceptable for there to be holes within the intended coverage area where the signal cannot be sent and received, provided the signal regains its strength sufficient to transmit and receive further away from the base station. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength sufficient to transmit and receive. A signal strength equal to or greater than -90 dBm shall be assumed to be sufficient signal strength to transmit and receive.
[Added 6-14-2000 by L.L. No. 2-2000]
ANTENNA
A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as whip antennas, as part of, or in conjunction with, a WTSF.
[Added 6-14-2000 by L.L. No. 2-2000]
BUILDING
Any structure other than a wall or fence.
BUILDING AREA
Determined by measuring around the exterior of the foundation walls or foundation structure of a building, and includes the floor area of porches, decks, swimming pools, and all other accessory buildings.
[Amended 12-13-1989 by L.L. No. 4-1989]
BUILDING OR STRUCTURE, NONCONFORMING
A building or structure which lawfully existed prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the district in which it is located by reason of such adoption, revision or amendment.
[Added 10-10-2001 by L.L. 2-2001]
CORNER LOT
Any lot which is abutted by two or more intersecting streets.
[Amended 12-13-1989 by L.L. No. 4-1989]
(1) 
The height of a building shall be determined by the mean of the established curb level in front of the building. If no curb exists, the curb level shall be deemed to be the mean of the established grade at the center line of the street in front of the building. If a lot fronts on two or more streets of different levels, the mean curb level of the highest street shall control for the purpose of determining all vertical measurements for a depth of 100 feet from the highest street.
(2) 
Except for the first 100 feet of depth from the property line along the highest street, if a building exceeds 75 feet in length along a street, each 75 feet thereof shall conform to the height regulations of this chapter, and the curb level for the purpose of determining the permitted height shall be the mean curb level in front of each 75 feet of such building.
DECK
Any structure open to the sky which is six inches or more above the natural contour of the grade along the perimeter of the structure.
[Added 12-13-1989 by L.L. No. 4-1989]
ERECTED
Includes commenced, maintained, altered, restored, remodeled, enlarged, extended.
[Amended 12-13-1989 by L.L. No. 4-1989]
FAILURE OF COVERAGE
An area within the Village of Munsey Park where there is not adequate coverage.
[Added 6-14-2000 by L.L. No. 2-2000]
FLOOR AREA
The sum of the gross areas of the several floors of all principal and accessory buildings on a lot, measured from the exterior faces of exterior walls. In particular, "floor area" shall include:
[Added 7-27-1989 by L.L. No. 2-1989]
(1) 
Attic, basement or cellar space if used for other than mechanical equipment or storage, except that basement or cellar space used as habitable space in a one-family dwelling is not to be included in computing floor area ratio.
[Amended 1-13-1993 by L.L. No. 1-1993]
(2) 
Floor space of each story above the basement and below the attic and that portion of any attic space, whether or not a floor has been laid, that provides structural headroom of eight feet or more.
(3) 
Floor space in interior balconies or lofts.
(4) 
Floor space in roofed terraces, exterior balconies or porches, if more than 50% of the perimeter thereof is enclosed by other than a parapet not higher than three feet eight inches, or a railing not less than 50% open and no higher than four feet six inches.
FLOOR AREA RATIO
The total floor area on the lot divided by the total area of the lot.
[Added 7-27-1989 by L.L. No. 2-1989]
FRONT STREET
Street upon which a particular lot abuts. A corner lot is deemed to front on the street upon which it has the smallest dimension.
FRONT YARD
Yard across the full width of the lot extending from the front wall of the main building to the front or street line of the lot. A corner lot is deemed to have two front yards.
[Amended 12-13-1989 by L.L. No. 4-1989]
GROUND LEVEL
The mean permanently established grade of the street in front of the lot.[1]
LIVABLE FLOOR AREA
The total floor area used, designed and available to be used for living accommodations on all stories of the principal building, excluding basement, rooms for heating equipment, open porches, breezeways, unheated areas and garage, but including any living space over such garage. In rooms with slope ceilings only those areas where headroom is greater than five feet may be included, provided that at least 50% of this total area has the full required minimum ceiling height of seven feet six inches. Walls and partitions may be included.
[Added 12-13-1989 by L.L. No. 4-1989]
LOT
Any plot, piece or parcel of land on which is erected or is to be erected one building and its accessory buildings, having the minimum area and the open spaces required by this chapter.
MAIN BUILDING
Building in which is conducted the principal use of the lot on which it is located.
[Amended 12-13-1989 by L.L. No. 4-1989]
MONOPOLE
A freestanding tower having a single point of location on the ground comprising a part of a WTSF. For purposes of this chapter, the term "monopole" shall include, in addition to the pole, all other components of the WTSF.
[Added 6-14-2000 by L.L. No. 2-2000]
NIER
Nonionizing electromagnetic radiation.
[Added 6-14-2000 by L.L. No. 2-2000]
OPEN SPACE RATIO
Determined by subtracting the building area from the lot area and dividing the resultant figure by the floor area.
[Added 1-13-1993 by L.L. No. 1-1993]
PATIO
See "terrace."
[Added 12-13-1989 by L.L. No. 4-1989]
PERSON
Includes a natural person, firm, association, copartnership or corporation.
PRIVATE DETACHED GARAGE
Building used for the storage of automobiles.
[Amended 12-13-1989 by L.L. No. 4-1989]
REAR YARD
Any portion of the lot which extends from any rear wall of the main building to the rear line of the lot. That portion of the lot that extends across the full width of the rear of the property shall he considered a rear yard. A corner lot is deemed to have no rear yard.
[Amended 12-13-1989 by L.L. No. 4-1989; 6-13-2012 by L.L. No. 1-2012]
RESTAURANT
A business enterprise engaged in serving and preparing food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress, and consumed on the premises.
[Added 7-27-1989 by L.L. No. 2-1989]
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the sale of food and beverages selected by patrons from a limited line of prepared, specialized items such as hamburgers, chicken, pizza, tacos, and hot dogs, for consumption either on or off the premises, in a facility where a major portion of the sales to the public is at a drive-in window or stand-up type counter. The term "fast-food restaurant" shall not include bakeries, delicatessens, or similar types of retail establishments.
[Added 7-27-1989 by L.L. No. 2-1989]
SIDE STREET
Street other than a front street, upon which a lot abuts.
SIDE YARD
Yard extending from the front yard to the rear yard between the main building and the adjacent side line of the lot. For a corner lot, a side yard is any yard other than a front yard.
[Amended 12-13-1989 by L.L. No. 4-1989]
SKYLIGHT
An opening in a roof that is glazed with transparent or translucent material used to admit diffused light to the space below.
[Added 9-10-2003 by L.L. No. 1-2003]
STEALTH
Any WTSF which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and WTSF's designed to look other than like a WTSF such as light poles, power poles, and trees.
[Added 6-14-2000 by L.L. No. 2-2000]
STORIES
Shall be computed from the side of the building at which there is the highest ground level.
STREET
Any highway or thoroughfare, which appears on the Village map and affords access to abutting properties whether designated as a street, avenue, road, crescent, lane, terrace, path, way, place or otherwise, and whether public or private.
[Amended 12-13-1989 by L.L. No. 4-1989]
STREET LINE
Dividing line between a street and a lot.
SWIMMING POOL
For the purposes of determining lot coverage, the term "swimming pool" shall include the walls, decks along the sides of the pool, the base for the springboard or diving platform, and the foundation for the purifying apparatus. In addition to the above, decks, terraces, patios and walks shall conform to the applicable setback requirements.
[Added 12-13-1989 by L.L. No. 4-1989]
TERRACE
Any structure open to the sky which is less than six inches above the natural contour of the grade along the perimeter of the structure.
[Added 12-13-1989 by L.L. No. 4-1989]
TOWER
Any pole, spire, steeple, structure, or combination thereof, including supports, braces, and masts, built or used for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade as part of, or in conjunction with, a WTSF.
[Added 6-14-2000 by L.L. No. 2-2000]
USE
The specific purpose for which land or building is designed, arranged, intended or for which it may be occupied or maintained.
USE, NONCONFORMING
Any use of a building, other structure or tract of land which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the use regulations for the district in which such use is located by reason of such adoption, revision or amendment.
[Added 10-10-2001 by L.L. No. 2-2001]
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
The provision of wireless telecommunications services, including those more commonly referred to as "cellular telephones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the "term personal wireless services" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended. With the exception of communications for the Village of Munsey Park Highway Department, the term "wireless telecommunications services" shall specifically exclude all other services not included in the FCC definition of personal wireless services.
[Added 6-14-2000 by L.L. No. 2-2000]
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
Any equipment used in connection with the commercial operation of wireless telecommunications services, as defined herein, and as the term "personal wireless services facilities" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including, but not limited to antennas, monopoles, equipment, appurtenances and structures.
[Added 6-14-2000 by L.L. No. 2-2000]
YARD
Any open, unoccupied space in a lot. All yards shall be measured at the narrowest point between the building and the lot line opposite.
[1]
Editor's Note: The definition of "height of building," which immediately followed this definition, was repealed 4-8-1992 by L.L. No. 2-1992. See now § 200-25C.
B. 
Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is always mandatory.

Article II. Districts

§ 200-3. Enumeration of districts.

For the purposes of this chapter, the Incorporated Village of Munsey Park is hereby divided into use districts as follows:
A. 
Residence A District.
B. 
Residence B District.
C. 
Business District.

§ 200-4. Boundaries.

[Amended 12-10-1980 by L.L. No. 4-1980; 12-13-1989 by L.L. No. 4-1989; 2-12-1992 by L.L. No. 1-1992]
The boundaries of districts are hereby established as shown on the Official Village Map, which map is hereby declared to be a part of this chapter. Properties which are divided by district boundaries shall be governed by the district which has the more stringent requirements, except that if 75% or more of the property falls within one of the districts, then the requirements of that district shall apply.

§ 200-5. Conformity required.

No building or structure shall be erected, altered, remodeled or used for any purpose other than a purpose permitted in the district in which such building, structure, land or premises is situate. No building or structure, or part thereof, shall be erected, used or maintained except in conformity with the regulations prescribed in this chapter for the district in which such building or structure shall be situate.

Article III. Residence A District

§ 200-6. Uses.

In Residence A District no building or structure shall be erected, used or maintained, nor shall any building, structure or premises be altered or remodeled, nor any lot used, for other than one or more of the following uses:
A. 
Single-family detached dwelling house, including the office of a duly licensed physician, surgeon or dentist residing on the premises. Such office shall be limited to an area, located on the ground floor level, not exceeding 500 square feet of gross floor area.
[Amended 12-13-1989 by L.L. No. 4-1989]
B. 
Municipal parks and playgrounds.
C. 
Municipal buildings of whatsoever kind, nature or description, including public schools.
D. 
Houses of worship, libraries, and public museums.
[Amended 12-13-1989 by L.L. No. 4-1989]
E. 
Accessory buildings and uses customarily incident to the foregoing, including private garages as defined in this chapter; provided, however, that no accessory buildings of any kind, nature or description shall be erected unless incorporated in or attached to the main building.
F. 
Tennis courts and golf links (but not the so-called "Tom Thumb" or miniature golf courses), together with locker and clubhouses customarily accessory thereto, provided adequate parking facilities be also supplied.
G. 
Signboards of the kind, nature and description permitted by § 200-40 of this chapter, provided all of the requirements of said chapter shall have been complied with.
H. 
WTSF's only on properties with existing nonresidential uses and buildings listed in Subsections C and D above as an accessory use subject to conditional use permit approval by the Board of Trustees pursuant to the special requirements of § 200-46.
[Added 6-14-2000 by L.L. No. 2-2000]

§ 200-7. Height.

[Amended 12-13-1989 by L.L. No. 4-1989; 4-8-1992 by L.L. No. 2-1992]
No building except a house of worship, public school, library or municipal building shall be raised to a height exceeding 2 1/2 stories, or 30 feet when measured to the peak of the roof from the finished grade at the front line of the building as determined by the Board of Trustees of the Village, whichever is less.

§ 200-8. Lot and building area.

[Amended 11-13-1991 by L.L. No. 1-1991; 2-12-1992 by L.L. No. 1-1992; 1-13-1993 by L.L. No. 1-1993]
A. 
No building shall be erected, altered or remodeled on a lot of an area less than 8,000 square feet.
B. 
The building area, including all accessory buildings and all structures, shall not exceed 25% of the lot area.
C. 
The floor area ratio of the lot shall not exceed .40.
D. 
The open space ratio shall not be less than two.
E. 
No building shall be erected on a lot having frontage on a public street of less than 80 feet.

§ 200-9. Livable floor area.

[Amended 12-13-1989 by L.L. No. 4-1989]
No dwelling shall hereafter be erected in Residence A District unless it has livable floor area greater than 2,350 square feet.

§ 200-10. Yards.

No building or structure shall be erected, or altered or remodeled unless it shall comply with the following yard provisions:
A. 
Front yard. There shall be a front yard of not less than 28 feet from the street line, and in the case of corner lots, the building structure must comply with the front yard restrictions on both street fronts. No building may be constructed closer to the street line than the average front setbacks of each of the abutting properties fronting on the same street.
[Amended 12-13-1989 by L.L. No. 4-1989]
B. 
Side yards. There shall be two side yards, extending the full depth of the lot, one on each side of the main building, the aggregate width of which shall be at least 22 feet. Neither side yard shall be less than 10 feet in width. A corner lot shall be deemed to have two side yards, neither of which shall be less than 10 feet in width.
[Amended 7-9-1986 by L.L. No. 4-1986]
C. 
Rear yard. There shall be a rear yard with a depth of not less than 25 feet and extending the full width of the lot.

§ 200-11. Projections permitted.

The following projections into the yards, required under § 200-10 hereof, shall be permitted:
A. 
Cornices, eaves, gutters or chimneys projecting not more than 18 inches.
B. 
One-story bay windows or open balconies projecting not more than two feet.
C. 
Steps and terraces.
D. 
Private detached garages, only as a replacement for an existing garage, of the same size and shape and in the same location as the one replaced.
[Amended 8-9-1978 by L.L. No. 1-1978]
E. 
One-story porches or vestibules which shall project into the front or rear yard only, not more than five feet.

§ 200-12. Parking.

[Added 12-13-1989 by L.L. No. 4-1989]
There shall be provision for storage within the main building on the premises for at least two cars.

§ 200-13. Garages.

[Added 12-13-1989 by L.L. No. 4-1989]
A. 
No garage shall be erected, altered, or attached to any building when the garage is, or will be, nearer to the street line than the dwelling. This limitation shall not apply in cases where a room or rooms used for dwelling purposes shall be erected over such garage, nor shall it apply to property in a business zone.
B. 
Where the mean slope of the ground along the street line rises directly from the street line more than 12% an accessory one-story garage may be erected not less than 10 feet from such street line; and where the mean slope of the ground along the street line rises directly from the street line more than 20%, an accessory one-story garage may be erected not less than five feet from such street line; provided, however, that in either of the aforesaid cases, the doors of such garage shall at no time encroach beyond the street line.

§ 200-14. Curbs, driveways and aprons.

[Added 12-13-1989 by L.L. No. 4-1989]
A. 
Only one driveway affording access to the property shall be allowed on each lot.
[Amended 2-12-1992 by L.L. No. 1-1992]
B. 
Curbs and driveways over Village property shall be maintained in good condition by the owner of property to which such driveway affords access.
C. 
The width or horizontal dimensions of curb cuts, aprons and driveways shall not exceed the dimensions set forth in § 200-45.
[Amended 10-10-2001 by L.L. 2-2001]

Article IV. Residence B District

§ 200-15. Uses.

In Residence B District, no buildings or structures shall be erected, used or maintained, nor shall any building, structure or premises be altered or remodeled nor any lot used, for other than one or more of the following uses:
A. 
Single-family detached dwelling house, including the office of a duly licensed physician, surgeon or dentist residing on the premises.
B. 
Municipal parks and playgrounds.
C. 
Municipal buildings of whatsoever kind, nature or description, including public schools.
D. 
Houses of worship, libraries, and public museums.
E. 
Accessory buildings and uses customarily incident to the foregoing, including private garage as defined in this chapter; provided, however, that no accessory buildings of any kind, nature or description shall be erected unless incorporated in or attached to the main building.
F. 
Signs as per § 200-40.
G. 
WTSF's only on properties with existing nonresidential uses and buildings listed in Subsections C and D above as an accessory use subject to conditional use permit approval by the Board of Trustees pursuant to the special requirements of § 200-46.
[Added 6-14-2000 by L.L. No. 2-2000]

§ 200-16. Height.

[Amended 12-13-1989 by L.L. No. 4-1989; 4-8-1992 by L.L. No. 2-1992]
No building except a house of worship, public school, library or municipal building shall be raised to a height exceeding 2 1/2 stories, or 30 feet when measured to the peak of the roof from the finished grade at the front line of the building as determined by the Board of Trustees of the Village, whichever is less.

§ 200-17. Lot and building area.

[Amended 11-13-1991 by L.L. No. 1-1991; 2-12-1992 by L.L. No. 2-1992; 1-13-1993 by L.L. No. 1-1993]
A. 
No building shall be erected, altered or remodeled on a lot of an area less than 6,000 square feet.
B. 
The building area, including all accessory buildings and all structures, shall not exceed 25% of the lot area.
C. 
The floor area ratio of the lot shall not exceed .40.
D. 
The open space ratio shall not be less than two.
E. 
No building shall be erected on a lot having frontage on a public street of less than 60 feet.

§ 200-18. Livable floor area.

[Amended 12-13-1989 by L.L. No. 4-1989]
No dwelling shall hereafter be erected in a Residence B District unless it has a livable floor area greater than 1,750 square feet.

§ 200-19. Yards.

No building or structure shall be erected, altered or remodeled unless it shall comply with the following yard provisions:
A. 
Front yard. There shall be a front yard of not less than 26 feet from the street line, and in the case of corner lots, the building or structure must comply with the front yard restrictions on both street fronts. No building may be constructed closer to the street line than the average front setbacks of each of the abutting properties fronting on the same street.
[Amended 12-13-1989 by L.L. No. 4-1989]
B. 
Side yards. There shall be two side yards, extending the full depth of the lot, one on each side of the main building, the aggregate width of which shall be at least 19 feet. Neither side yard shall be less than nine feet in width. A corner lot shall be deemed to have two side yards, neither of which shall be less than nine feet in width.
[Amended 7-9-1986 by L.L. No. 4-1986]
C. 
Rear yard. There shall be a rear yard with a depth of not less than 20 feet and extending the full width of the lot.

§ 200-20. Projections permitted.

The following projections into yards required under § 200-19 hereof shall be permitted:
A. 
Cornices, eaves, gutters or chimneys projecting not more than 18 inches.
B. 
One-story bay windows or open balconies projecting not more than two feet.
C. 
Steps and terraces.
D. 
Private detached garages, only as a replacement for an existing garage, of the same size and shape and in the same location as the one replaced.
[Amended 8-9-1978 by L.L. No. 1-1978]
E. 
One-story porches or vestibules which shall project into the front or rear yard only, not more than five feet.

§ 200-21. Parking.

[Added 12-13-1989 by L.L. No. 4-1989]
There shall be provision for storage within the main building on the premises for at least one car.

§ 200-22. Garages.

[Added 12-13-1989 by L.L. No. 4-1989]
A. 
No garage shall be erected, altered or attached to any building when the garage is, or will be, nearer to the street line than the dwelling. This limitation shall not apply in cases where a room or rooms used for dwelling purposes shall be erected over such garage, nor shall it apply to property in a business zone.
B. 
Where the mean slope of the ground along the street line rises directly from the street line more than 12%, an accessory one-story garage may be erected not less than 10 feet from such street line; and where the mean slope of the ground along the street line rises directly from the street line more than 20%, an accessory one-story garage may be erected not less than five feet from such street line; provided, however, that in either of the aforesaid cases, the doors of such garage shall at no time encroach beyond the street line.

§ 200-23. Curbs, driveways and aprons.

[Added 12-13-1989 by L.L. No. 4-1989]
A. 
Only one driveway affording access to the property shall be allowed on each lot.
[Amended 2-12-1992 by L.L. No. 1-1992]
B. 
Curbs and driveways over Village property shall be maintained in good condition by the owner of property to which such driveway affords access.
C. 
The width or horizontal dimensions of curb cuts, aprons and driveways shall not exceed the dimensions set forth in § 200-45.
[Amended 10-10-2001 by L.L. No. 2-2001]

Article V. Business District

[Amended 10-14-1987 by L.L. No. 1-1987; 12-16-1987 by L.L. No. 3-1987; 7-27-1989 by L.L. No. 2-1989]

§ 200-24. Uses.

A. 
Permitted uses. A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section, including those incidental and accessory thereto, and for no other:
(1) 
Governmental and municipal uses operated and maintained by a governmental agency, limited to administrative offices, fire station, library, museum or historical building, post office, and open or enclosed recreation area.
(2) 
Banks, including drive-up windows and outdoor teller machines incidental thereto.
(3) 
Retail shops, limited to antiques; apparel and shoes; art and office supplies; auto accessories; bakery where all goods produced are sold at retail on the premises; books, stationery, newspapers and magazines; ice cream and confectionery; tobacco; packaged liquors; hardware; general food or meat, fruit or vegetable market or delicatessen; drugs; camera and photo supplies; florist; furniture; dry goods; paints; furs; toys; floor coverings and rugs; gifts and hobby; leather and luggage; sporting goods.
(4) 
Retail sale and incidental repair, limited to home appliances, bicycles, jewelry, watches, clocks or optical goods; musical, professional or scientific instruments; and computers, radios, televisions, record players and recorders.
(5) 
Service establishments, limited to barbershop and beauty parlor; financial institution; interior decorator; laundry and dry cleaning pickup; medical or dental laboratory; professional business office provided that no part of any office or office building shall be used for the storage, packaging, processing or selling of products sold at wholesale; optician; dressmaker, milliner and tailor; travel bureau; bookbinding; blueprint, photostat and other copying services.
(6) 
Indoor commercial recreational and educational uses limited to gymnasium, physical culture or reducing salon, school for instruction in art, dance, drafting, drama, music, secretarial fields, and theater.
(7) 
Signs, provided all of the requirements of § 200-40 of this chapter shall have been complied with.
(8) 
WTSF's as a permitted accessory use subject to conditional use permit approval by the Board of Trustees pursuant to the special requirements of § 200-46.
[Added 6-14-2000 by L.L. No. 2-2000]
B. 
Other uses and conditional uses. If approved by the Board of Trustees in accordance with the procedure set forth in Subsection D hereinafter, a building may be erected for any use which is of the same character as those specifically permitted herein and for the following conditional uses:
(1) 
Semipublic uses operated and maintained by a nonprofit organization, limited to places of worship and private clubs for charitable, civic, cultural, educational, fraternal, political, recreational or religious purposes and catering exclusively to members and guests.
(2) 
Art gallery.
(3) 
Funeral home.
(4) 
Public utility.
(5) 
Research laboratory.
(6) 
Restaurant, other than a fast-food restaurant.
(7) 
Telephone exchange.
C. 
Prohibited uses.
(1) 
Unless approved by the Board of Trustees as set forth in Subsection B hereinbefore, all uses that are not specifically permitted shall be prohibited.
(2) 
No use shall be permitted if it includes the fabricating, manufacturing, converting, altering, finishing or assembling of goods.
(3) 
Except for at-grade parking and as permitted in Subsection A(3) hereinbefore, no use shall be permitted to be conducted in whole or in part outside a fully enclosed building, thus specifically excluding the following among others:
(a) 
Outdoor vending machines other than those selling newspapers, and similar coin-operated devices which automatically deliver goods or render services.
(b) 
Drive-in establishments.
(c) 
Shops or stores which make available any facility for, or which permit the consumption of, food or beverages on the premises, outside a building.
(d) 
Open-front shops or stores.
(e) 
The outdoor display or storage of any merchandise.
(4) 
No use shall be permitted which:
(a) 
Shall result in the transmission of dust, fumes, gas, glare, noise, odor, smoke, vibration, radiation or have any other similar impact beyond the lot lines; or
(b) 
Shall cause any dangerous, hazardous, noxious or offensive condition; or
(c) 
Shall involve the storage of inflammable or explosive materials on the premises.
D. 
Applications for uses not specifically permitted and for conditional uses. An application for any use not specifically permitted herein, but of the same general character therewith, and for all conditional uses shall be considered by the Board of Trustees in accordance with the following procedure:
(1) 
An application under this subsection shall be filed with the Clerk of the Board of Trustees. Such application must be in writing and submitted in duplicate, verified by the applicant or applicants, and shall contain the following:
(a) 
Identity of the fee title owner of the property and the contract vendee or lessee of the property, if any. Fee title owner and contract vendee and/or lessee of property, if any, must join in the application.
(b) 
Accurate metes and bounds description of the property, section, block and lot number from the Nassau County Tax Maps, including a short form description for public advertising purposes.
(c) 
Unequivocal statement of the use requested to be made of the property if the application is granted.
(d) 
General statement of reasons or facts justifying the relief sought.
(2) 
If the proposed use involves the construction of a new building or additions to an existing building, the application shall be accompanied by the following:
(a) 
Six copies of a survey by a licensed engineer or surveyor, bearing a date not more than 60 days prior to the date of applications, drawn at a scale of not less than one inch equals 100 feet and not larger than one inch equals 50 feet.
(b) 
A site plan and general building plans showing the proposed location, design, and use of buildings, structures and open spaces.
(c) 
A key map, either incorporated in the survey or separate, showing the boundaries and zoning of all surrounding properties within 200 feet of the perimeter of the subject property.
(d) 
A fee in the amount set forth in the Schedule of Village Fees.[1]
[1]
Editor's Note: See Ch. A208, Fees.
(3) 
The Board of Trustees, after considering such application and after a public hearing, may issue permits for such uses for a limited period of time or otherwise, subject to such conditions and safeguards as it shall deem appropriate, when in its opinion it shall find that such proposed use and improvement is of the same character as the uses that are specifically permitted or, if a conditional use, that such use will conform to the general character of the neighborhood in which the property is to be located and that the public health, morals, safety and general welfare of such neighborhood will be secured.
(4) 
No modification, variance or change in the general location, layout and character of the project, which shall include the architectural design and arrangements of all buildings as shown on the approved plan, will be permitted following approval thereof except upon formal application in accordance with the provisions of this Subsection D.
(5) 
Where an application has been denied, no new application for the same relief on the same parcel of property may be submitted for a period of one year after the date of filing of the resolution denying the original application in the Village Clerk's office.

§ 200-25. Height.

Except as set forth hereinafter, no building or structure shall exceed 2 1/2 stories with a maximum height of 30 feet. The following exceptions are permitted:
A. 
Parapets, not exceeding three feet in vertical distance from the base to the highest point.
B. 
Penthouse for stairways or elevators, not exceeding 12 feet in vertical distance from the base to the highest point and not exceeding, in total, 10% of the area of the roof of the building of which they are a part. A house of worship, public school, library or municipal building may exceed the height limit specified hereinbefore subject to approval by the Board of Trustees.
C. 
The height of a building in a Business District shall be:
[Added 4-8-1992 by L.L. No. 2-1992]
(1) 
The vertical distance, in feet, measured from the curb level to the highest point of the building; or
(2) 
The number of stories above curb level for each section of the building if subject to varying curb levels by reason of street topography.
(3) 
Story shall be a height of not more than 12 feet from the top of the floor of the lower level to the top of the floor of the floor of the upper level.
D. 
The height limitations of this section shall not apply to WTSF's.
[Added 6-14-2000 by L.L. No. 2-2000]

§ 200-26. Floor area ratio.

The total floor area on any lot divided by the total area of the lot shall not exceed 0.33.

§ 200-27. Yards.

A. 
Except as provided hereinafter, there shall be a yard with a minimum depth of 30 feet along all street and rear property lines and 10 feet along all side property lines. Along any Residence District boundary there shall be provided a side or rear yard with a minimum dimension of 50 feet, except that, on lots with a depth of 200 feet or less, the minimum dimension of the required rear yard shall be reduced by one foot for each 2 1/2 feet by which such depth is less than 200 feet, provided that the minimum dimension of such yard shall not be less than 30 feet.
B. 
No projections or encroachments into the required yards shall be permitted above or below ground, except for:
(1) 
Cornices, eaves, gutter, or chimneys, projecting not more than two feet.
(2) 
One-story bay windows or open balconies projecting not more than two feet.
(3) 
Steps and terraces.
(4) 
One-story porches or vestibules which shall project into the front or rear yard not more than five feet.
(5) 
Signs, provided the same comply in all respects with the provisions of § 200-40.
(6) 
Open parking, provided that no parking area shall project nearer than 30 feet to any Residence District boundary or, if the depth of the lot exceeds 200 feet, into any required front yard.
(7) 
Drywells for stormwater provided they are at least 10 feet from the property line.

§ 200-28. Landscaping.

A. 
Except for access driveways and walks, the front yard shall be suitably landscaped or treated in some other manner approved by the Board of Trustees. All open areas shall be properly maintained by the property owner. Side or rear yards that lie within 30 feet of a Residence District shall be suitably landscaped and maintained with a thick growth of evergreen planting sufficient to shield the property in the Residence District from the impact of the development in the Business District. Such planting shall be installed pursuant to a landscaping plan approved by the Board of Trustees. Such landscaped areas shall extend the full width of such yard and may incorporate existing shrubbery and plantings.
B. 
Wherever a lot in a Business District adjoins any Residence District, there shall be provided, erected and maintained in good order along a line parallel to, and not less than five feet away from, the line separating the properties in the two districts:
(1) 
A fence with a minimum height of six feet from the ground level on the Business District side, constructed in a manner acceptable to the Board of Trustees.
(2) 
Immediately adjacent to such fence in the Business District, the Board of Trustees may require a thick-growing planting screen of evergreen trees, shrubs and other suitable landscaping at least eight feet in height and at least five feet in depth, in order to provide an effective protective buffer, between the fence and the residential property.
C. 
The Board of Trustees may require or permit other suitable fences or walls or any variation in the landscaping provision herein if deemed appropriate or desirable by reason of topography or other site conditions.

Article VI. Nonconforming Buildings and Uses

§ 200-29. Regulations and limitations.

Any nonconforming use existing at the time of the adoption of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, and the nonconforming use therein changed, subject to the following regulation and limitations:
A. 
The cost of structural alterations made in such building shall in no case exceed 50% of the assessed value of such land and building, nor shall the building be enlarged unless the use therein is changed to a conforming use.
B. 
No nonconforming use shall be extended at the expense of a conforming use.
C. 
No building or premises devoted to a use permitted in a district of lower classification shall be changed to a use excluded in such district of lower classification.
D. 
No nonconforming use if once changed to use permitted in the district in which it is located shall ever be changed back to a nonconforming use.
E. 
If a nonconforming use is discontinued for more than six months, such nonconforming classification shall be forfeited and the building shall comply in all aspects to the Code requirements in effect at the time of such discontinuance.
[Added 12-13-1989 by L.L. No. 4-1989]

Article VII. General and Supplementary Regulations