INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO.5 OF THE YEAR 2012
A LOCAL LAW ADOPTING REGULATIONS REGARDING GEOTHERMAL SYSTEMS IN THE VILLAGE OF DERING HARBOR
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF DERING HARBOR AS FOLLOWS: Section 1.0 Enactment, Effective Date, Purpose and Definitions.
1.1 Title ofLocal Law
1.2 Enactment.
1.3 Effective Date.
1.4 Findings.
1.5 Purpose and Intent ofLocal Law.
2.0 General Provisions
2.1 Geothermal Systems
3.0 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 2012 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Geothermal Systems for the Village of Dering Harbor.”
1.2. Enactment.
Pursuant to Section IO of the Home Rule Law and the Village Law of the State ofNew York the Incorporated Village of Dering Harbor County of Suffolk and State ofNew
York, hereby enacts by this Local Law of 2012, a Local Law of the Village of West Hampton Dunes. [Editor’s note – Should be Village of Dering Harbor]
1.3. Effective Date.
This local law shall take effect on the filing of the approved Local Law with the Secretary of State ofNew York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.
1.4 Findings.
The Board of Trustees finds that Dering Harbor, as part ofShelter Island has a sole source aquifer from which to draw its groundwater, as it is cut off from fresh groundwater inflow from adjacent areas of the east end of Long Island. Dering Harbor is low in topography, resulting in a shallow water table and thin groundwater aquifer. Geothermal systems draw a considerable amount ofwater and have the potential to cause localized saltwater intrusion, and aquifer contamination and also threaten the aquifer by piercing deep clay units which help control salt water intrusion and the draining of the freshwater aquifer. The use of this technology in a thin and fragile aquifer system such as Dering Harbor can cause harm to the Village’s water supply and the potential risks ofcontamination and salt-water intrusion in the aquifer shared by all inhabitants of the Village far outweigh any benefits ofgeothermal systems. The Board of Trustees of the Village of Dering Harbor therefore 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 geothermal systems in the Village of Dering Harbor.
1.5. Purpose and Intent ofLocal 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 and the aquifer and water supply of the Village of Dering Harbor by prohibiting geothermal systems in the Village of Dering Harbor.
2.0 General Provisions
A. A geothermal system is a system with uses ground water for heating or cooling.
B. The construction or installation of a geothermal system in the Village of Dering Harbor is hereby prohibited.
C. In the event that any existing geothermal system is determined to cause or contribute to saltwater intrusion or any other similar problem with the freshwater aquifer or public water supply then the existing geothermal system shall be deemed to be a nuisance and shall be discontinued and the system shall be removed.
D. Fines and Penalties
1. Any person, including but not limited to any owner, builder, architect, tenant, contractor, subcontractor, well driller, construction superintendent, or their agents, who shall violate any of the applicable provision of this local law, or any order, notice directive, permit or certificate of the Building Inspector regarding this local law shall be liable to a fine or penalty not less than $500 and up to $5,000 per violation, and each and every day that a violation of this local law exists shall be a separate violation.
2. Any person, including but not limited to any owner, builder, architect, tenant, contractor, subcontractor, well driller, construction superintendent or their agents, who installs such a geothermal system in violation of this prohibition shall immediately remove the system and be liability for a penalty ofnot less than $500 and up to $5,000 per day until such system is removed and each and every day that a violation of this local law exists shall constitute a separate violation.
3.0 Severability
In the event that one or more sections of this local law should deemed to be void or invalid the remaining sections of the local law shall continue in effect.