Continuation of Public Hearing as it pertains to Streets and Sidewalks, Thursday, 4/7/22 at 8:00 pm

Local Law Filing                      NEW  YORK STATE DEPARTMENT OF STATE                                                                                                                                  41 STATE, ALBANY, NY 12231

________________________________________________________________

(Use this form to file a local law with the Secretary of State.)

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

County                                                                                                 

City                of South Floral Park_______________

Town

Village          

                                                                        Bill No.  1  of 2022

      Local Law No.       of the year 202_

      A local law       to amend § 178-5 of Chapter 178, “Streets and Sidewalks,” of the Code of the Village of South Floral Park, to restrict number of curb cuts for each lot, and to regulate construction and dimensions of curb cuts and driveway aprons in abutting right of way, and to amend Article II, “Residence District Regulations,” of Chapter 210, “Zoning,” to regulate construction, dimensions and use of impervious surfaces, and use of non-impervious surfaces, in front yards  

Be it enacted by the Board of Trustees                                   of the

                        (Name of Legislative Body)

County          

City                of South Floral Park                       

Town

Village                                              

as follows:    

Section 1.       Legislative Findings. The Board of Trustees of the Village of South Floral Park has determined that restricting the number of curb cuts that service each lot in the Village promotes the health, safety and welfare of the Village and its residents, by reducing impervious surface, and encouraging natural ground cover and vegetation in front yards, while limiting the number of points along each Village street at which motor vehicles can enter and exit the traffic on the street.  The Board recognizes that the Village has recently received a number of applications to create second curb cuts at parcels in the Village, and that the present Code does not regulate same in a manner that adequately promotes the public health, safety and welfare. The Board of Trustees has further determined that regulating the manner of construction and the dimensions of portions of driveways and other paved surfaces that are situated in the abutting public right of way creates uniform standards for surfaces used by pedestrians and vehicles in the public right of way.  In addition, the Board of Trustees has further determined that provisions of existing Village Code Section 178-5, contained in Chapter 178, “Streets and Sidewalks,” of the Code, that regulate conditions contained in front yards of residential lots, should be amended to regulate the manner of construction, the dimensions and the use of driveways and other paved surfaces in front yards, in order to promote the health, safety and welfare of the Village and its residents, and that such provisions addressing front yards of residential lots should be contained in the Zoning Chapter of the Code, which regulates the use of private property, rather than in Chapter 178, “Streets and Sidewalks,” which regulates the public right of way.

Section 2.       Authority.  This local law is adopted pursuant to the New York State Municipal Home Rule Law. 

Section 3.       § 178-5, “General requirements,” of Article II, “Driveways and Walks,” of Chapter 178, “Streets and Sidewalks,” of the Code of the Village of South Floral Park is hereby amended to read in its entirety as follows:

“A. No person shall construct or maintain in the public right-of-way abutting any residential lot in the Village any driveway, passageway or walkway, or any portion thereof,  of any material, connecting such lot to any public street in the Village so as to block, or in any way obstruct the free and proper use of the gutter of such street, or so that any part of such driveway, passageway or walkway shall extend nearer to the centerline of such street than the line of the curb thereof.  No person shall construct or maintain any driveway, passageway or walkway, or any portion thereof, in the public right-of-way abutting any residential lot in the Village that is not laid at a grade reasonably acceptable to the Building Inspector, consistent with the abutting sidewalk and street.

B. There shall be not more than one (1) curb cut permitted for any lot used for residential purposes; provided, however, that a second curb cut may be approved by the Board of Trustees, upon application to such Board on form acceptable to it, following a public hearing on such application, if the Board determines that relevant circumstances warrant approval of a second curb cut, and such approval does not adversely impact the public health, safety or welfare. 

C.  No person shall construct or maintain any driveway from or to any public street within the Village without a cement or concrete apron from the sidewalk area to the gutter. No apron or curb cut for any property used for residential purposes shall be wider than 16 feet, including an 18 inch segment on both sides thereof that gradually and uniformly increases the elevation of the apron and/or curb cut to the height of the curb into which such apron is cut.”

Section 4.       Article II, “Residence District Regulations,” of Chapter 210, “Zoning,” of the Code of the Village of South Floral Park is hereby amended by adding a new § 210-11, to be entitled “Restrictions on front yard impervious surface; Restrictions on use of non-impervious surface in front yards,” to be added immediately after the end of current Village Code § 210-10, “Maximum building coverage and lot area,” which new § 210-11 shall read in its entirety as follows:

§ 210-11.   Restrictions on front yard impervious surface; Restrictions on use of non-impervious surface in front yards

A. No person shall construct or maintain in the front yard of any residential lot in the Village any driveway, passageway or walkway, or any portion thereof, of any material, connecting such lot to any public street in the Village that is not laid at a grade reasonably acceptable to the Building Inspector, to be consistent with the grade of sidewalks and any portions of the driveway, passageway or walkway that extend into the abutting public right-of-way.

B. No paved or other impervious surface shall be permitted in the front yard of any lot used for residential purposes except for use as a driveway, parking area or walkway from the sidewalk or the driveway to the front entry of the residence.

C.  The aggregate width of all driveway and continuously or intermittently paved area for the parking or storage of motor vehicles on any lot used for residential purposes shall not exceed 30% of the width of the lot upon which it is located; provided, however, that such aggregate width shall in no event exceed 20 feet.  No walkway or passageway from the sidewalk to the front entry of the residence in a front yard that also contains a driveway shall be closer than 4 feet to such driveway.

D. No motor vehicle shall be parked in any front yard of a lot used for residential purposes except on an impervious surface that satisfies the foregoing provisions of this Section. ”

Section 5.       This local law shall take effect immediately.

(Complete the certification in the paragraph that applies to the filing of

this local law and strike out that which is not applicable.)

  1. (Final adoption by local legislative body only.)

I hereby certify that the local law annexed hereto, designated as local law No.  ___________ of the (County)(City)(Town)(Village) of South Floral Park      was duly passed by the Board of Trustees on  _

_______________________, in accordance with the applicable provisions of law.

(Name of Legislative body)                                            

  • (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer[1].)

I hereby certify that the local law annexed hereto, designated as local law No. ________ of 20___ of the (County)(City)(Town)(Village) of _______________________________ was duly passed by the __________________________________________ on _____ 20_____, and was (approved) (not approved)

 (Name of Legislative body)

 (re-passed after disapproval) by the __________________________________  and was deemed duly                                                                          (Elective Chief Executive Officer1)                             

adopted on _________________________ 20_____, in accordance with the applicable provisions of law.

  • (Final adoption by referendum.)

I hereby certify that the local law annexed hereto, designated as local law No. _________ of 20____ of the (County)(City)(Town)(Village) of ______________________________ was duly passed by the _____________________________________________________ on ____________ 20____

 (Name of Legislative Body)  

and was (approved)(not approved) (re-passed after disapproval) by the ___________________________________                                                                                                         (Elective Chief Executive Officer1)

 on ____________ 20__.  Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on ________________ 20___, in accordance with the applicable provisions of law.

  • (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)

I hereby certify that the local law annexed hereto, designated as local law No. ________ of 20_____ of the (County)(City)(Town)(Village) of ____________________________  was duly passed by the

____________________________________________________  on _____________ 20____, and was

(Name of Legislative Body)

(approved)(not approved) (re-passed after disapproval) by the ___________________________________________                                                                                                            (Elective Chief Executive Officer1) on ____________________ 20 _______.  Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________ 20_____, in accordance with the applicable provisions of law.

  • (City local law concerning Charter revision proposed by petition.)

I hereby certify that the local law annexed hereto, designated as local law No. __________ of 20__ of the City of ___________________ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ________________ 20______, became operative.

  • (County local law concerning adoption of Charter.)

I hereby certify that the local law annexed hereto, designated as local law No. ______ of 20_____ of the County of _____________________ State of New York, having been submitted to the electors at the General Election of November _____ 20____, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative.

(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)

I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above.

                                                                                            Clerk of the county legislative body, City,

                                                                                            Town or Village Clerk or officer designated

                                                                                            by local legislative body

                                                                     MARY LONG

(Seal)                                                            Date:                                    

                                                                        4


[1]Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.