RESOLUTION OF ADOPTION OF A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 2016 REGULATING CONSTRUCTION TO CLARIFY THE DEFINITION OF CONSTRUCTION WORK TO INCLUDE PROPERTY MAINTENANCE AND LANDSCAPING.
WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping; and
WHEREAS, a public hearing was held on October 13, 2018, November 10, 2018, December 8, 2018 and January 12, 2019, February 9, 2019, March 2, 2019, April 13, 2019, May 11, 2019 and June 8, 2019; and
WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;
NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 3 of 2019 is hereby adopted as follows:
LOCAL LAW NO. 3 OF 2019
A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. For the purpose of protecting the safety and well-being of the resident of the Village of Dering Harbor, Local Law No. 4 of 2016 sets forth regulations governing the dates and times in which construction work can be undertaken. Construction work is defined as “any work done on a building for which a building permit or demolition permit has been issued . . .” The Village, however, has experienced activities involving work that does not require a building permit that have caused noise and other impacts negatively effecting the atmosphere and peace and tranquility of the Village during the times construction work is otherwise prohibited. It is the intent and purpose of this Local Law to relabel the local law and clarify the definition of construction work and include work and activities customarily associated with construction, property maintenance and landscaping that may not require a building permit, including but not limited to any work of construction, erection, alteration, repair, addition to, excavating, grading, landscaping, hedge trimming, lawn maintenance and leaf blowing or other improvement of any realty, building or structure, which work and activities customarily produce activities, noise or other sounds of such intensity or quality that it disturbs the peace and quiet of residents particularly during the weekends and summer season. The time periods for the exclusion of such activities remains the same as the current construction law, but contains exceptions for swimming pool maintenance, snow removal services, homeowners performing property maintenance and landscaping work on Saturdays, emergency repairs or clean–ups after major storms and golf, beach and tennis clubs in the performance of their regular duties.
Section 2. Amendment. Section 1.1 (Title of Local Law) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
1.1 Title. This Local Law shall be entitled “Local Law No. 4 of 2016 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Permitted Regulation of Construction, Property Maintenance and Landscaping Work in the Village of Dering Harbor.”
Section 3. Amendment. Section 1.2 (Enactment) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
1.2 Enactment. Pursuant to Section 10 of the Municipal Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2016, a Local Law of the Village of Dering Harbor.
Section 4. Amendment. Section 1.4 (Findings) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
1.4 Findings. The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of Dering Harbor to prohibit construction, property maintenance, landscaping work and related activities during certain hours of the day and week during certain times of the season. The Village of Dering Harbor is an entirely residential Village with less than 40 residences, the large majority of which are used mostly on weekends and during the summer and at other times by residents seeking peace and quiet. The quiet and calm of the Village are special attributes that residents value and wish to maintain and enhance.
Section 5. Amendment. Section 2.0 (Definition) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
2.0 Definition. Construction work is defined as any work done on a building for which a building permit or demolition permit has been issued until the work done under such permit has been completed involving the construction, reconstruction, erection, alteration, repair, addition to, demolition or removal of buildings or structures, or the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or other improvement of any realty, building or structure, whether or not the work involves the use of machinery or power tools. The term “construction work” shall not mean the performance of necessary emergency repairs.
Property maintenance and landscaping work is defined as any work involving the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or the process of tending, planting, installing, maintaining, or repairing lawns, gardens, hedges, flower beds, shrubbery, trees, or vegetation of any kind, which work involves the use of machinery or power tools, including but not limited to lawn mowers, weed trimmers, leaf blowers and hedge trimmers. The term property maintenance and landscaping work shall not include swimming pool maintenance or snow plowing, snow blowing or other snow removal activities. The term “property maintenance and landscaping work” shall not mean the performance of necessary emergency repairs or clean–ups after major storms, nor shall it apply to golf, beach and tennis clubs in the performance of their regular duties.
Section 6. Amendment. Section 2.1 of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
2.1 Construction, Property Maintenance and Landscaping Work During designated Times Prohibited.
It shall be and hereby is prohibited for any person or party to perform construction work or property maintenance and landscaping work, or make deliveries for construction work or property maintenance and landscaping work on any realty, building or structure for which a building permit, demolition permit or similar municipal approval has been issued except as follows:
- From May 1 until Columbus Day (Except Saturday, Sunday, Holidays and July 4 weekend as defined below):
Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Thursday 8:00 a.m. – 6:00 p.m. and Friday 8:00 a.m. – 5:00 p.m. during this period.
All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Saturday, Sunday and Holidays during this period, except that a homeowner (excluding employees or contractors) may undertake property maintenance and landscaping work on a Saturday between the hours of 9:00 a.m. and 3:00 p.m.
July 4th Weekend: When July 4 falls on a Tuesday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on July 3. When July 4 falls on a Thursday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on July 5.
- From Columbus Day until May 1 (except Sunday, holidays and Thanksgiving weekend as defined below):
Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Saturday: 8:00 a.m. – 6 p.m. during this period.
- All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Sundays and the following holidays: Memorial Day, July 4, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year’s Day.
- The use of any music playing device such as a radio, cd player or phone during construction, property maintenance and landscaping work in a manner that the sound can be heard beyond the property line of the property being worked on is prohibited.
Section 7. Authority. The proposed local law is enacted pursuant to Village Law §4-412 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 8. 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 9. 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 publish the following Notice of Adoption:
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that after public hearing was held on October 13, 2018, November 10, 2018, December 8, 2018 and January 12, 2019, February 9, 2019, March 2, 2019, April 13, 2019, May 11, 2019 and June 8, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of June 8, 2019 adopted LOCAL LAW NO. 3 OF 2019 as follows: “A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”
Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 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