Kings Point, N.Y., Code of Ordinances ch. 117 (eCode360 ed. 2026) § 117-2.1

A. Purpose; definitions. (1) Building construction sites shall be maintained in conformity with the provisions of this chapter and all applicable laws to assure reasonable safeguards to protect the safety, health, and property of Village residents and the general public; and to protect roads and waterways from sediment transport created by stormwater runoff from construction sites. It shall be the obligation of the owners, residents, and all contractors and individuals working at a site to abide by the provisions of this section to keep the premises in a clean and safe condition and to take all required and other reasonable actions to prevent erosion and damage to any neighboring property, including, but not limited to, waterways. (2) For the purposes of this chapter, the following terms shall have the meanings indicated: BUILDING CONSTRUCTION SITE Any premises within the Village that is undergoing an improvement. EROSION The movement of soil particles by the action of water, wind, ice, or other geological agents. IMPROVEMENT All work, including, but not limited to, the construction and/or installation of new structures, additions, alterations, utilities, repairs, appliances, equipment, landscaping, demolition, excavation, and any other disturbance of existing stabilized soil, other than a disturbance of the soil which, in the opinion of the Superintendent, is de minimis. RECEPTACLES A dumpster, cart, pail, or other container used for the storage and/or transport of refuse. REFUSE Includes garbage, newspapers, and refuse, as such terms are defined in § 94-10 of this Code, and, for clarity, including, but not limited to, materials used in building and other construction. RIGHT-OF-WAY The area between the paved portion of a road and the property line of the property adjoining that road. ROADS All public roads and all private roads serving three or more properties. SUBJECT PREMISES The premises where the improvements are taking place. B. Building construction site maintenance. (1) No construction materials shall be located on any property other than the subject premises without the prior approval of the owner of that property and the Superintendent. That prohibition includes, but is not limited to, all roads and rights-of-way (2) No vehicles, machinery, or other equipment used in conjunction with an improvement shall be parked, standing, or stored other than on the subject premises without the prior approval of the owner of that other property and the Superintendent. That prohibition includes, but is not limited to, all roads and rights-of-way. (3) No vehicles, machinery, or other equipment used in conjunction with an improvement shall block any roadways or driveways, damage any property, or drop, by their tires or otherwise, any mud, dirt, sediment, or refuse off the subject premises, or create any hazard or nuisance. (4) Grass and other ground cover on rights-of-way shall remain undisturbed and maintained for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow. (5) The subject premises and all rights-of-way adjoining the subject premises shall be maintained regularly for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow. (6) Tracked heavy machinery shall not be driven on any road or right-of-way. (7) Sufficient access to the subject premises, and to the structures thereon, if any, for fire and emergency vehicles, as determined by the Superintendent, shall be maintained at all times. (8) If access other than an existing driveway is being used for vehicles, machinery, and other equipment in conjunction with an improvement, there shall be only one entrance for such access. The entrance shall be protected from erosion by placement of a recessed entry pad. The minimum size of the entry pad shall be 24 feet wide by 50 feet long and 12 inches deep, and be made of oversized three-to-four-inch diameter crushed stone on top of filter fabric, as approved by the Superintendent. (9) If access by an existing driveway is being used for vehicles, machinery, and other equipment in conjunction with an improvement, such access shall be protected by a crushed stone entry pad, as approved by the Superintendent. (10) Roads and rights-of-way shall be cleaned each time a vehicle, machinery, or other equipment exits the subject premises if it drops mud, dirt, sediment, or refuse onto a road or right-of-way. (11) Refuse shall not be stored in piles on the subject premises or any other property. (12) All refuse shall be placed immediately in receptacles. (13) All receptacles shall be securely covered at all times during the hours that construction work is not being conducted. Receptacles shall not be allowed to overflow and shall be changed or emptied with sufficient regularity to prevent their overflowing or inability to be covered. (14) All receptacles shall be subject to the approval of the Superintendent to assure that they may be maintained in accordance with this section. (15) Refuse shall not be permitted, allowed, or tolerated to be scattered on the subject premises or any other property. (16) Any lightweight debris such as, but not limited to, papers, cups, disposal food wrappings, plates, and utensils, shall not be permitted to blow and spread about the subject premises or other property, including, but not limited to, roads, rights-of-way, neighboring properties, wetlands, and waterways. Sufficiently strong and tightly closed plastic refuse bags shall be used to contain lightweight debris. (17) By 6:00 p.m. each night, until 8:00 a.m. the following morning, or such later time when construction may legally commence, there shall be no refuse on the subject premises that is not properly contained as required by this section and/or Chapter 94 of this Code, or in some other manner, as approved by the Superintendent, which is sufficient to prevent the blowing or other spread of such refuse, reduce the visual adverse impact of such refuse, and reduce the possibility of rodent and insect infestation as a result of such refuse. (18) All of the trees on the subject premises for which a permit would be required for their removal by Chapter 147 of this Code shall be protected by a four-foot-high barrier that extends to the dripline of the tree's branches. The use of any crane, excavator, machinery, or other equipment shall not be permitted, allowed, or tolerated to cause damage to any such tree. (19) No mud, dirt, sediment, or other refuse shall be allowed, permitted, or tolerated to erode, flow, blow, or be dumped onto neighboring properties, roads, and rights-of-way. The foregoing shall not apply to the natural falling and blowing of leaves. (20) The subject premises shall be protected at all times from soil erosion onto other properties, including, but not limited to, roads, wetlands, and waterways by use of New York State Standards and Specifications for Erosion and Sediment Control best management practice methods, as required by all applicable laws, but, in any event, by no less than the placement and the maintenance in good condition of continuous rows of salt-hay bales, silt fencing, crushed stone, geotextile fabric, mulch, and raised berms to the satisfaction of the Superintendent. Stockpiles of extra fill shall not be located within 20 feet of any property line and shall be protected with erosion control or removed from the subject premises as necessary in the discretion of the Superintendent. Erosion control material shall be monitored regularly and immediately after a rain event so that such material is functional and in good and sufficient condition at all times. (21) All temporary erosion control material must be removed upon completion of the construction project. (22) Upon completion of the construction project permanent erosion control and landscaping must be established on the entire site. Acceptable methods of permanent erosion control include but are not limited to grass, ground covering plants, trees, shrubs, and other vegetation as approved by the Superintendent or various Village Boards. Tilling of compacted earth and topsoil shall be provided prior to the planting of any vegetation. (23) Construction that will create a disturbed land area of 43,560 square feet (one acre) or more shall obtain a SPDES General Permit for Stormwater from the New York State Department of Environmental Conservation. An application shall be filed with the Kings Point Village Clerk. A stormwater pollution prevention plan (SWPPP) must be submitted for review and approval by the Village Engineer. Building construction sites shall be maintained in accordance with the SWPPP. (24) Construction sites shall be protected by a continuous six-foot chain link fence with black privacy mesh in accordance with Village Code § 161-35H . (25) All excavations shall be protected with temporary shoring to prevent collapse in accordance with all applicable laws. All excavations may be required to have safety fencing in addition to the six-foot chain link fence protecting the construction site at the discretion of the Superintendent. (26) The subject premises, construction, and building materials shall be secured in the event of an extreme weather event. (27) The subject premises shall receive regular property maintenance during construction. Grass and weeds shall be cut. Leaves shall be raked. Snow shall be removed within 24 hours from the end of each snowfall. Swimming pools shall be pumped, cleaned, and covered as required. (28) The use of recycled concrete aggregate, crushed concrete, or blended recycled concrete is prohibited unless approved by the Superintendent. (29) The installation of Styrofoam stucco, or any similar material in the opinion of the Superintendent, on any building shall require the installation of scaffolding and/or mesh screens as required by the Superintendent to prohibit the blowing of Styrofoam, or any similar material, upon or from the subject premises. (30) The subject premises shall have temporary guardrails with a minimum height of 36 inches at all locations where there is a drop in elevation of 30 inches or more in close proximity to any walking surface or grade and at such other locations as deemed reasonable to prevent falling by the Superintendent. (31) All buildings on the subject premises shall be provided with temporary smoke and carbon monoxide alarms as required on each floor level for the duration of construction until permanent smoke and carbon monoxide alarms are installed in accordance with applicable building codes. (32) All buildings on the subject premises shall be provided with portable fire extinguishers on each floor level for the duration of construction. (33) All buildings on the subject premises shall have their interiors maintained in a clean, safe, and organized manner that is free of refuse. (34) The control of sand, dust, and other matter from blowing shall be in accordance with Village Code § 117-3.1 . (35) The control of vibrations shall be in accordance with Village Code Chapter 152 . (36) During any period of construction, the owners, residents, and all contractors and individuals working at the subject premises shall comply with such directions and orders of the Superintendent as may be issued to attempt to assure compliance with this section. (37) All construction sites shall install and maintain a mailbox at a location and in the form approved by the Building Department for the receipt of mail and other communications from the Village. (38) All construction sites shall provide a parking and material staging area that is located entirely on the subject premises. The staging area shall be comprised of oversized three-to-four-inch diameter crushed stone placed on top of filter fabric, be a minimum of 12 inches deep, and cover the entire front yard of the premises as approved by the Superintendent. C. Enforcement. The Superintendent shall administer and enforce the provisions of this section. D. Penalties for offenses. (1) The penalty provisions of Chapter 116 of this Code, other than § 116-1A , shall apply. (2) In lieu of the penalty provisions of § 116-1A , a violation of any provision of this section shall be punishable by a fine not exceeding $5,000, imprisonment for not more than 15 days, or both such fine and imprisonment.