The Village Board finds that BZA Site Work may result in the
runoff of water, mud, and other substances into and onto neighboring
properties, swimming pools, public storm drains, private drywells,
highways, public roads, public streets, private roads, private streets,
avenues, lanes, alleys, public driveways, and other public and private
places in the Village, the creation of unsightly conditions in the
Village, and damage to public and private property in the Village.
This article is enacted to regulate the performance of BZA Site Work
and BZA Site Work Contractors to protect the health, safety, and welfare
of the Village and its residents.
Except as provided herein, within 30 days of the filing of Local
Law No. 6 of 2023 with the Secretary of State, all BZA Site Work Contractors
who perform BZA Site Work in the Village shall be licensed in accordance
with this chapter.
A.
The provisions of this section shall not apply to any BZA Site Work
approved, authorized, sponsored, or performed by the Village or at
the direction of the Village.
No BZA Site Work Contractor shall perform BZA Site Work within
the Village without first obtaining a BZA Site Work License. All BZA
Site Work by an unlicensed BZA Site Work Contractor is hereby prohibited.
A BZA Site Work License and a permit for the BZA Site Work shall be
obtained by the proprietor of the BZA Site Work business or by a corporate
officer.
A.
The BZA Site Work Contractor shall provide the location and proposed
dates of the BZA Site Work to the Village. These dates may be extended
by the Village for good cause shown. All BZA Site Work shall be coordinated
with the Village Department of Buildings.
A.
A fee of $250 shall be charged to each applicant for the issuance
of a BZA Site Work License.
B.
When an
applicant for a BZA Site Work License has not engaged in BZA Site
Work in the Village until after the expiration of more than six months
of the current license year, the license fee for the remaining period
of the current license year shall be 1/2 the yearly fee, and said
fee shall be paid for the remaining six months or fraction thereof
during which BZA Site Work has been, or will be, conducted.
[Added 1-23-2024 by L.L. No. 1-2024]
A.
All BZA Site Work Licenses issued pursuant to this chapter shall
expire on the last day of December in the year in which they have
been issued.
B.
BZA Site Work Licenses may be renewed via mail or at Village Hall
upon payment of the annual fee of the year succeeding the expiration
of the BZA Site Work License.
All BZA Site Work Contractors shall provide proof of insurance
to the Village as required by the Village BZA Site Work Regulations.
A.
The Village Clerk may revoke or suspend any BZA Site Work License
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 BZA Site Work License.
(3)
Conduct that is detrimental to the health, safety, or welfare of
the public.
B.
A decision of the Village Clerk to suspend or revoke a BZA Site Work
License shall be appealable to the Village Board, whose decision thereon
shall be final. The Village Board's 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 in the Office
of the Village Clerk.
C.
In the event that a BZA Site Work License is suspended or revoked,
the fees paid therefor shall be forfeited and shall not be refunded
to the applicant.
