RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING THE ZONING LAW TO ADD A NEW §6-616 WITH RESPECT TO SETBACKS FOR BUILDINGS, STRUCTURES AND IMPERVIOUS SURFACES ON WATERFRONT PROPERTIES
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, May 11, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending the Zoning Law to add a new §6-616 with respect to setbacks for buildings, structures and impervious surfaces on waterfront properties.”
LOCAL LAW NO. ___ OF 2019
A LOCAL LAW amending the zoning law to add a new §6-616 with respect to setbacks for buildings, structures and impervious surfaces on on waterfront properties.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. The Board of Trustees of the Village of Dering Harbor finds that it has been a long standing the policy of the Village of Dering Harbor, Town of Shelter Island, County of Suffolk and State of New York to protect and conserve its wetlands and surface waters and the benefits derived therefrom. As part of a comprehensive approach to managing the water resources of the Village of Dering Harbor, it is integral for the Village to implement protections of its wetlands and surfaces waters consistent wetland protection with other State and local programs and laws. Important elements in such programs are local land use controls governing setbacks for activities, including site disturbance, grading, filling, planting of fertilizer dependent vegetation, and placement of impervious surfaces, building and structures adjacent to wetlands and water bodies. The New York State Department of Environmental Conservation (“NYSDEC”) generally requires a minimum 75 foot setback for regulated activities along tidal wetlands. The Suffolk County Department of Health Services (“SCDHS”) requires a setback of 150 feet for sanitary systems. Currently, the Village of Dering Harbor has approximately 27 waterfront properties, but has no programs establishing setbacks adjacent to wetlands and surface waters other than the 40’ rear yard structural zoning setback requirements in the “B” Residential District (see §6-612).
Consistent with the aforesaid public policies, to conserve and protect the Village’s wetland and water resources, adequate setbacks must be required for new development on waterfront properties. It is the intent of this local law to add a new §6-616 to require on all properties adjacent to wetlands or surface waters that all new buildings, structures or impervious surfaces shall have a minimum setback of 75 feet measured from the upland edge of wetlands as defined and delineated by the NYSDEC and that all sanitary septic systems shall have a minimum setback of 150 feet. In the event the upland edge of wetlands shall be a functional bulkhead, then the setback shall be measured from the bulkhead. Such setbacks are required by the Village Dering Harbor regardless whether the NYSDEC or SCDHS grant approval otherwise.
Section 2. Amendment. Article VI of the Zoning Law is amended by adding a new §6-616 as underlined words as follows:
Section 6-616; Setbacks for Development on Waterfront Lots
No building, structure, or impervious surface, other than a dock or boathouse/bathhouse, shall be constructed, reconstructed, erected, installed, placed, deposited, expanded, altered or modified on a lot adjacent to wetlands or surface waters unless said building, structure and/or impervious surface shall have a minimum setback of 75 feet measured from the upland edge of wetlands as defined and delineated by the New York State Department of Environmental Conservation (“NYSDEC”) and that all sanitary septic systems shall have a minimum setback of 150 feet. In the event the upland edge of wetlands shall be a functional bulkhead, then the aforesaid setbacks shall be measured from the bulkhead. Such setbacks and natural buffers are required by the Village Dering Harbor regardless whether the NYSDEC or SCDHS grant approval otherwise.
Section 3. Authority. The proposed local law is enacted pursuant to Village Law §§7-700 & 7-708 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).
Section 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 5. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at 9:00 a.m. prevailing time on Saturday, May 11, 2019 at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending the Zoning Law to add a new §6-616 with respect to setbacks for buildings, structures and impervious surfaces on waterfront properties.”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK