Draft Local Law – Amending §4-408 Height of Vegetation

RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING §4-408 (HEIGHT OF VEGETATION) OF THE ZONING LAW TO CLARIFY AND ENHANCE CORNER CLEARANCE REQUIREMENTS WITH RESPECT TO VEGETATION AND STRUCTURES

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on December 2, 2017 at 10: 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 §4-408 (Height of Vegetation) of the Zoning Law to clarify to clarify and enhance corner clearance requirements with respect to vegetation and structures.”
LOCAL LAW NO. OF 2017

A LOCAL LAW amending §4-408 (Height of Vegetation) of the Zoning Law to clarify and enhance corner clearance requirements with respect to vegetation and structures.”

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

Section 1. Legislative Intent. Section 4-408 currently entitled “Height of Vegetation” actually regulates height of vegetation at the corner of a lot along a road. The title of this section creates some confusion as to the regulation of vegetation on other portions of a property and does not address other structures that may impede sight distance at the intersection of two streets. It is the intent and purpose of this local law to repeal and replace the existing language with new language clarifying the intent to regulate the height of vegetation, structures and other obstructions on corner lots formed by the intersection of two streets such that proper sight distance can be maintained.

Section 2. Amendment. Section 4-408 of the Zoning Law is hereby amended by repealing the existing section in strikethrough words and replacing it with new section as underlined [Added] words as follows:

Section 4-408; Height of Vegetation.

No hedge, shrubbery or other product of the soil other than a tree, shall be permitted to grow and no improvement shall be erected along the lines of a lot on a street corner, to a height greater than three feet within twenty-five feet of the comer as measured from the surface of the road at the base of the curb if any or edge of the road along the corner.

[Added] Section 4-408; Corner Clearance.

On a corner lot in any district, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of three (3) feet; no vehicle, object or any other obstruction of a height in excess of three (3) feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of three (3) feet, above the curb level, or pavement level where there is no curb, except that trees whose branches are trimmed away to a height of at least ten (10) feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street right-of-way line, each of which points are twenty-five (25) feet from the intersection of such street right-of-way lines. [End Added]

Section 3. Authority. The proposed local law is enacted pursuant to Village Law §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 on Saturday, December 2, 2017, at 10:00 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 a local law entitled: “Local Law amending §4-408 (Height of Vegetation) of the Zoning Law to clarify and enhance corner clearance requirements with respect to vegetation and structures.”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Thursday, from 9:00 a.m. to 5:00 p.m. and Friday 2:00 p.m. to 5:00 p.m., or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES VILLAGE OF DERING HARBOR, NEW YORK