[HISTORY: Adopted by the Board of the Trustees of the Village
of Asharoken 11-10-2020 by L.L. No. 2-2020. Amendments noted where
applicable.]
A.
The Board of Trustees of the Incorporated Village of Asharoken hereby
finds that the unregulated parking of trailers, commercial vehicles
or construction equipment has the potential to create a visual blight
within the Incorporated Village of Asharoken (hereinafter the "Village")
which can detract from the Village's residential character, and
which can adversely affect the aesthetics and property values therein.
B.
It is the intent of this chapter to regulate the parking and storage
of trailers, commercial vehicles and construction equipment in a manner
which will preserve the Village's residential character and protect
the aesthetics and property values within the Village, and otherwise
promote the health, safety and general welfare of its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle with APPORTIONED, BUS, TAXI, T&LC, FARM,
LIVERY, SCHOOL, TOW TRUCK, TRACTOR, SPEC. COMM. OR COMMERCIAL number
plates from the State of New York, or the equivalent type of number
plate from any other state, district, territory or foreign country
being used in commerce with or without commercial signs or logos affixed
thereto, with the exception of pickup trucks.
Any vehicle or equipment, with or without wheels, and of
a type used primarily by the construction industries. Such equipment
may include, but is not limited to, bulldozers, backhoes, skid-steer
loaders, excavators, construction tractors, concrete mixers, dump
trucks, graders, hoists, power shovels, tank trucks, trenching machines
and water well drilling machinery.
Standing motionless and unattended for an interval of time
longer than is reasonably necessary to load or unload passengers or
freight or to perform its intended functions. For purposes of this
chapter, "parking" shall also include "storage."
A light duty truck (class 1, 2 or 3) having an enclosed cab
and an open cargo area with low sides and a tailgate, without any
signs or logos on the truck.
All property located within the geographical boundaries of
the Village of Asharoken, except:
An unpowered vehicle with TRAILER number plates towed by
a motor vehicle for use in commerce or designed to be used for human
habitation.
Unless authorized by a special permit granted by the Board of Trustees pursuant to § 116-4, no person shall park, or permit the parking of, a trailer, commercial vehicle or construction equipment on any residential property, except when such trailer, commercial vehicle or construction equipment is fully enclosed within a lawful building, or except during such time as such trailer, commercial vehicle or construction equipment is being used on the premises in connection with lawfully permitted construction activities.
Any person or legal entity alleging a hardship arising from the regulations set forth in § 116-3 may apply to the Board of Trustees for a special permit to allow the parking of a trailer, commercial vehicle or construction equipment on residential property, when such trailer, commercial vehicle or construction equipment is not fully enclosed within a lawful building. In reviewing such application, the Board of Trustees shall apply the standards set forth in Village Code § 125-41.
Any person or legal entity found in violation of any of the
provisions of this chapter shall be guilty of an offense punishable
by a mandatory fine of $250 for each offense. It shall be deemed a
new or additional offense for every twenty-four-hour period during
which the violation continues unabated, provided that a new accusatory
instrument is issued.
