Revised June 30, 2026

LOCAL LAW NO. ___ OF 2026

A LOCAL LAW amending §230-47 of the Zoning Law to replace the existing requirements to obtain a certificate of occupancy.

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows: 

SECTION 1.  Amendment.  Section §230-47 of the Zoning Law is amended by deleting subsections A-D as strikethroughs and replacing it with new subsections A-E as underlined words as follows:

• 230-47. Certificate of Occupancy.

1. 1. Until a certificate of occupancy shall have been issued by the Building Inspector, it shall be unlawful and a violation of this chapter to use or permit the use of any premises, structure or building created, erected, constructed, altered, changed or converted after the effective date of this chapter.
   2. A certificate of occupancy shall indicate and certify that such premises, structure or building, or part thereof, or the proposed use thereof, are in conformity with the provisions of this chapter.
   3. Under such rules and regulations as may be enacted by the Board of Appeals, a temporary certificate of occupancy for a part of any building or premises may be issued by the Building Inspector.
   4. Upon written request from the owner or occupant, the Building Inspector shall issue a certificate of occupancy for any existing lawful use or occupancy of a building or premises.
   5. No building or structure shall hereafter be erected, altered, enlarged, extended or moved, demolished, or put into use, in whole or in part, so as to affect the floor area, including the area of basements, attics, garages or other unhabitable spaces, lot coverage, or the yards thereof, the height, mass or the physical appearance of the building or structure or its use; no lands shall be occupied or used; and no use of any land, building or structure, in whole or in part, shall hereafter be changed and the property occupied and used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or structure or the use of the land or building or structure, in whole or in part, complies with the provisions of this chapter and of any other applicable regulations.
   6. No building or structure hereafter altered, enlarged, extended or moved, or upon which work has been performed which required a building permit, shall be occupied or continue to be occupied or used for more than thirty (30) days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
   7. No certificate of occupancy shall be issued for any building, structure, premises, lot, or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure, demolition, or part thereof, and the intended use thereof, are in conformity in all respects with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
   8. No certificate of occupancy shall be issued unless the following are completed:

(1) The removal of all trash and construction debris from the building site and adjacent property.

(2) The completion of any required curb cut or apron and the repair of damage to adjacent roadways and property caused by or related to the construction work.

(3) Final grading of the building site and completion of applicable stormwater runoff and sediment controls.

(4) Compliance with applicable requirements for offstreet parking and driveway access.

(5) Compliance with applicable conditions of the approvals or permits of involved agencies having jurisdiction, including but not limited to the Zoning Board of Appeals, Architectural Review Board, NYSDEC or SCDHS.

1. 1. The Building Inspector may issue a certificate of compliance in place of and instead of a certificate of occupancy whenever he/she deems a certificate of compliance more appropriate than a certificate of occupancy; provided, however, that the procedure, prerequisites and fees for obtaining a certificate of compliance shall be the same as are applicable for a certificate of occupancy, and further provided that the term “certificate of occupancy,” used in various places throughout this chapter, shall be deemed to include the term “certificate of compliance.”

SECTION 2.  Authority.  The proposed local law is enacted pursuant to Village Law §7-712, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(2).

SECTION 3.  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 4.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.