INCOROPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 4 OF THE YEAR 2016
LOCAL LAW REGULATING CONSTRUCTION IN THE VILLAGE OF DERING HARBOR
(REVISING LOCAL LAW NO. 1 OF THE YEAR 2008 AND LOCAL LAW NO. 3 OF THE YEAR 2016)
Section 1.0 Enactment, Effective Date, Purpose and Definitions.
1.1 Title of Local Law
1.2 Enactment
1.3 Effective Date
1.4 Findings.
1.5 Purpose and Intent of Local Law.
2.0 Definition
2.1 Construction During Designated Times Prohibited
3.0 Violations, Penalties and Fines.
4.0 Severability
Section 1.0 Title, Enactment, Effective Date, Purpose, and Definitions
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 Construction in the Village of Dering Harbor”
1.2 Enactment
Pursuant to Section 10 of the 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.
1.3 Effective Date
This local law shall take effect upon the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Village of Dering Harbor.
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 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.
1.5 Purpose and Intent of Local Law.
The purpose and intent of this Local Law is to protect the safety and well-?being of the residents of the Village and their guests and families as well as the atmosphere and peace and tranquility of the Village by prohibiting construction in the Village of Dering Harbor during designated times as stated in this Local Law. The Village is enacting this law to minimize the noise produced by construction activities during the weekends, summer and other times that residents use their homes in the Village.
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.
2.1 Construction During Designated Times Prohibited.
It shall be and hereby is prohibited for any person or party to perform construction work or make deliveries for construction work on any building or structure for which a building permit, demolition permit or similar municipal approval has been issued except as follows:
A. From May 1 until Columbus Day (except Saturday, Sunday, holidays and July 4 weekend as defined below):
Construction work and deliveries for construction 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 work and deliveries for construction work are prohibited on Saturday during this period.
July 4 Weekend: When July 4 falls on a Tuesday, construction work and deliveries for construction are prohibited on July 3. When July 4 falls on a Thursday, construction work and deliveries for construction are prohibited on July 5.
B. From Columbus Day until May 1 (except Sunday, holidays and Thanksgiving weekend as defined below):
Construction work and deliveries for construction work are permitted Monday – Saturday: 8:00 A.M. – 6:00 P.M. during this period.
Thanksgiving Weekend: Construction work and deliveries for construction are prohibited on the Friday and Saturday after Thanksgiving.
C. All construction work and deliveries for construction are prohibited on Sundays and the following holidays:
Memorial Day, July 4, Labor Day, Columbus Day, Thanksgiving, Christmas and New Years Day.
D. The use of any music playing device such as a radio, cd player or phone during construction work in a manner that the sound can be heard beyond the property line of the property being worked on is prohibited.
E. In an emergency situation, the Trustees may grant permission for construction work otherwise prohibited by this Local Law.
3.0 Violations, Penalties and Fines
There shall be a fine or penalty of not more than one thousand dollars ($1,000) for the first offense and a stop work order for the day. For any subsequent offense, the fine or penalty shall not be more than two thousand five hundred dollars ($2,500) and a stop work order on the permit.
The owner of the property on which the violation occurs and the general contractor or other party that was performing the prohibited construction shall all have committed an act in violation of this Local Law. No Certificate of Occupancy shall be issued until all fines and penalties are paid.
4.0 Severability.
In the event that any section or portion of this Local Law shall be deemed to be unenforceable or of no effect, the remainder of the Local Law shall survive and remain in full force and effect.