INCORPORATED VILLAGE OF DERING HARBOR

LOCAL LAW NO. 2OF THE YEAR 2012

A LOCAL LAW ESTABLISHING A NEW CHAPTER OF THE VILLAGE CODE OF THE VILLAGE OF DERING HARBOR ADOPTING REGULATIONS OF THE VILLAGE REGARDING NAVIGATION AND SURFACE WATER USE WITHIN THE LIMITS, BOUNDARIES AND JURISDICTION OF THE INCORPORATED VILLAGE OF DERING HARBOR WHICH SHALL BE KNOWN AS, “NAVIGATION AND SURFACE WATER REGULATIONS OF 2012 OF THE INCORPORATED 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.
Section 1.1 Title of Local Law
Section 1.2 Enactment.
Section 1.3 Effective Date.
Section 1.4 Purpose and Intent of Local Law.
Section 2.0 General Provisions
Section 2.1 Definitions
Section 2.2 Surface Water Regulations, Boat Speed and Other Restrictions
Section 2.3 Regulation of Moorings; Area of Jurisdiction
Section 2.4 Mooring Permits Required
Section 2.5 Granting of Permits
Section 2.6 Location and Limitation of Moorings
Section 2.7 Persons Entitled to Mooring Permit
Section 2.8 Transfer of Ownership by Mooring Permit Holders
Section 3.0 Existing Moorings, Application Period and Non-Approval of Existing Mooring
Section 3.1 Existing Moorings
Section 3.2 Application Period
Section 3.3 Non-Approval of Existing Moorings
Section 4.0 Docks and Piers and Docking in the Village of Dering Harbor
Section 4.1 Requirements for Docks and Piers, Docking
Section 5.0 Enforcement and Penalties.
Section 5.1 Enforcement
Section 5.2 Penalties
Section 6.0 Severability and Validity

Section 1.0 Title, Enactment, Effective Date, Purpose, and Definitions.

1.1. Title

This Local Law shall be entitled, ”Navigation, Surface Water Use and Mooring Regulations of 2011 of the Incorporated Village of Dering Harbor.”

1.2. Enactment.

Pursuant to Section 10 of the Home Rule Law, the Village Law and Zoning regulations and the Navigation 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 2012, a Local Law of the Incorporated 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 of New 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. Purpose and Intent of Local Law.

A. Purpose

The purpose of this Local Law is to promote and protect;
1. The public safety and welfare of the residents of the Village of Dering Harbor, their guests, and the visitors to the Village, and;
2. To preserve the environment of the Village of Dering Harbor, including the environmentally sensitive areas within the limits, boundaries and territory of the Dering Harbor, and of the areas adjoining or surrounding those areas and within the jurisdiction of the Village, including the turbidity and quality of the waters in and surrounding the Village of Dering Harbor, and their bottoms, and;
3. To preserve the quality and value of property in the Village and the ability of the property owners, residents and guests to enjoy the safe use of their property and the aesthetic assets of the Village of Dering Harbor by regulating the surface water use, moorings and docks in the waters in and surrounding the Village of Dering Harbor.

B. Intent

The intent of the Local law is to establish surface water use regulations for the Village of Dering Harbor which will regulate the use of the surface waters within the boundaries and jurisdiction of the Village including but not limited to the number and density of mooring sites, vehicle speed and docks within the limits, boundaries and jurisdiction of the Village of Dering Harbor.

2.0. General Provisions

2.1 Definitions

A. Craft or Vessel; A boat or personal watercraft.
B. Dock or pier: A fixed structure to which a craft or vessel can be made fast or tied or attached.
C. Existing Approved Mooring: A mooring which is existing at the time of the enactment of this Local Law and has been approved by the Village of Dering Harbor and the Town of Shelter Island.
D. Existing Non-Approved Mooring; A mooring which is existing at the time of the enactment of the Local Law and which has not been approved by the Village of Dering Harbor and or the Town of Shelter Island as of the date of the enactment of the Local Law.
E. Home Rule Law; The Home Rule Law of the State of New York.
F. Jurisdiction of the Village; The maximum area, over the waters surrounding the Incorporated Village of Dering Harbor, including areas outside the Village of Dering Harbor, within 1,500 feet of the mean low water mark of the shoreline of the Village, over which the Village of Dering Harbor may exercise jurisdiction, pursuant to the Village Law, and the Navigation Law, and any other applicable laws of the State of New York.
G. Mooring; A mooring for purposes of this local law is a place where or an object to which a craft or vessel can be made fast. Excluded from the definition of a mooring is a dock.
H. Navigation Law; The Navigation Law of the State of New York Law;
I. Property Owner; A property owner for purposes of this Local Law is any owner
of real property in the Village of Dering Harbor.
J. Resident; A resident for purposes of this local means an individual who maintains a residence within the Village of Dering Harbor.
K. Village Waterways Commissioner An individual to be appointed by the Mayor and approved by the Board of Trustees who’s duty it shall be to ensure the enforcement of this Local Law.
L. Village Boundaries; The Village boundaries are the limits of the territory of the Village of Dering Harbor as established in its incorporation.
M. Village Law; The Village Law of the State of New York.
N. Village Territory: The Village territory is all land and water area within the boundaries of the Village of Dering Harbor as established in its incorporation, and as indicated on the official map or description of the Village as adopted at the time of the incorporation of the Village of Dering Harbor.

2.2 Surface Water Use Regulations, Boat Speed and Other Restrictions

A. Restrictions on the speed of boats.
All boats within a distance of five hundred feet (500′) of the mean high water mark shall be operated at a speed of less than five knots, and so as not to create a wake of any kind, and shall not be operated within two hundred feet (200′) of any bathing or other similar use of the waters, and in accordance with such other regulations as may be from time to time promulgated by the Board of Trustees of the Village of Dering Harbor.
B. Transient Anchorage and Mooring Transient anchorage and mooring shall only be permitted in the areas designated by the Village Waterways Commissioner as same may be appointed by the Mayor or the Board of Trustees.

2.3 Regulation of Moorings; Area of Jurisdiction

The area over which the Village of Dering Harbor shall exercise jurisdiction pursuant to this Local Law of2012 and to which this Local Law shall apply, and which shall include the area of the waters surrounding the Village of Dering Harbor that are within one thousand five hundred feet (1,500′) of the mean high water mark of the shoreline surrounding the Village of Dering Harbor, as provided under the Navigation Law, Village Law, and any other applicable laws and regulations of the State of New York.

2.4 Mooring Permits Required

All persons, entities or other parties mooring a craft or vessel within the limits, boundaries, and territory of the Village of Dering Harbor, or within fifteen hundred feet (1,500′) of the mean high water mark of the shoreline surrounding the Village of Dering Harbor, as described and determined by this Local Law and the Navigation Law, are hereby required to obtain a mooring permit from the Village of Dering Harbor, and no craft or vessel shall be moored within fifteen hundred feet (1,500′) of the mean high water mark of the shoreline of the Village of Dering Harbor without first obtaining a Village of Dering Harbor Mooring Permit.

2.5 Granting of Permits

A. Applications for a mooring permit shall be submitted to the Village of Dering Harbor Waterways Commissioner, as appointed by the Mayor and approved by the Board of Trustees of the Village, and such other persons or professionals as the Mayor or Commissioner shall appoint.
B. An application shall be submitted to the Waterways Commissioner of the Village of Dering Harbor in such form and shall be accompanied by such documents and fee as the Board of Trustees of the Village of Dering Harbor or the Village of Dering Harbor Waterways Commissioner shall hereinafter, or from time to time, establish or require.
C. The Village of Dering Harbor Waterways Commissioner within ten (10) days after receiving an application from a qualified party for a mooring permit, shall either accept the application as duly filed, or return the application to the applicant as deficient, with a statement in writing stating the reason as to that determination.
D. For all applications that the Village of Dering Harbor Waterways Commissioner shall deem to be complete and duly filed, the Commissioner shall make a determination as to whether the application should be approved, based on such factors as the proposed location of the mooring, the size of the craft or vessel to be moored, potential for creating a hazard or danger to navigation or other vessels, aesthetic and environmental considerations or factors, and any other considerations or factors as the Village of Dering Harbor Waterways Commissioner may deem relevant, and whether as established by this local law, or other laws and regulations of the Village of Dering Harbor or the State of New York, a mooring can be established at the selected location.
E. The Village of Dering Harbor Waterways Commissioner may at its discretion, maintain a waiting list for either moorings or sites for moorings, or both, based on demand and availability of same and the regulation of same. Any such list shall be a public record within the Village, and may be subject to such change or review as the Village of Dering Harbor Waterways Commissioner shall deem appropriate or in the best interests of the Village.

2.6 Location and Limitation of Moorings

A. The moorings approved by the Village of Dering Harbor shall be located at locations, including distance and density, as determined by the Village of Dering Harbor Waterways Commissioner pursuant to this Local Law. The Village of Dering Harbor Waterways Commissioner shall follow the provisions of the Chapman guide to mooring or such other resources as the Waterways Commissioner may deem to be authoritative as to the placement of moorings where applicable.

2.7 Persons Entitled to Mooring Permit

A. Only property owners or residents of the Village of Dering Harbor, as defined in this Local Law, shall be entitled to a mooring permit within the area that is within 1,500 feet of the mean low water mark along the shorelines of the Village.
B. A mooring permit shall only be held by the person in whose name the craft or vessel which uses that mooring is registered, and only for the craft or vessel for which the permit was issued. In the event that the craft or vessel is owned by a corporation or other entity, the party or parties in interest in the ownership of the corporation or entity must be the same as the party or parties in interest in the ownership of the mooring permit.

2.8 Transfer or Ownership by Mooring Permit Holder

A. In the event that a person holding a mooring permit transfers or sells the craft or vessel for which the permit was being used the following shall apply;

1. In the event that a person holding a mooring permit sells or intends to sell the craft or vessel for which the mooring was used, and the person holding the permit is purchasing another craft or vessel for which he wants to use the mooring site, that person shall file an application for a new permit from the Village of Dering Harbor Waterways Commissioner for the new craft or vessel
which the person has purchased in order to be eligible to continue to use the mooring for the craft or vessel which they are acquiring or have acquired.

2. Written notice of the change and an application for the new permit shall be provided to the Village of Dering Harbor Waterways Commissioner pursuant to its regulations, and approval of the application must be granted prior to using the mooring for the new craft or vessel. The Village of Dering Harbor Waterways Commissioner shall have the right to reject the use of the mooring by the new craft or vessel, or relocate the mooring, if for good cause or as it deems, within its discretion, for same to be within the best interests of the Village of Dering Harbor and its residents.

3. In the event that the person in whose name a mooring permit was held sells or transfers the craft or vessel for which they have obtained the permit, and is not acquiring another craft or vessel for which that person wishes to use the mooring, or does not file an application for a permit to use the mooring for another craft or vessel at that location, the mooring permit which the person had shall be void as of the next May 1, following the date of the transfer of the craft or vessel, and the permit holder shall have no further rights to a permit at that location as of that date.

2.9 Types of Crafts or Vessels Prohibited for Mooring and Mooring Permits

Mooring Permits shall only be granted by the Village of Dering Harbor to non-commercial crafts and vessels. Mooring permits will not be granted to commercial crafts and vessels, or barges, platforms or other types of commercial craft or vessel and the mooring or anchoring of commercial crafts and vessels, or barges, platforms or other type of commercial craft or vessel, within the limits, boundaries and areas of jurisdiction of the Village of Dering Harbor will be prohibited.

3.0 Existing Moorings, Application Period and Non-Approval of Existing Moorings.

3.1 Existing Moorings

A. The owners of moorings which exist within the limits, boundaries, and jurisdiction of the Village of Dering Harbor, and which have been previously duly approved by the Village shall be required to file such forms as the Commissioner shall require in order to have new mooring permits issued to them.

B. All other moorings existing within the limits, boundaries and jurisdiction of the Village of Dering Harbor at the time of the adoption of this Local Law shall be removed within thirty days (30) of the date of the adoption of this local law. In the event that any such mooring is not removed as required, the mooring shall constitute a violation of this Local Law, and subject the owner of the mooring to the penalties and fines and other action set forth herein and by the laws and regulations of the Village of Dering Harbor and the State of New York, and the removal of the mooring at the cost and expense of the owner of the mooring or the owner of any vessel that is or may have been using the mooring.

3.2 Application Period

The owners of those previously approved moorings shall have thirty days (30) from the date of the enactment of this local law or such later time as the Waterways Commissioner of the Village of Dering Harbor shall determine to complete and file the necessary required documents for a new mooring permit with the Village of Dering Harbor Waterways Commissioner in order to have the prior approval of the mooring be deemed approved under this local law.

3.3 Non-Approval of Existing Moorings
The Village of Dering Harbor Waterways Commissioner, shall reserve the right to
terminate, move, eliminate, or refuse to extend or renew any existing previously approved mooring which is deemed to be in conflict with this Local Law, its intent or purpose or the interests of the Village of Dering Harbor.

4.0 Docks and Piers and Docking in the Village of Dering Harbor

4.1 Requirements for Docks and Piers

A. [SIC]

1. There shall be not more than one dock or pier per property.

2. No vessel may be placed at a dock which in the determination of the Commissioner or the Board of Trustees will create a nuisance or a hazard to navigation or public safety or which will be a detriment to the aesthetics of the environment or will have a negative impact on the neighboring properties or community due to the size or type of the vessel.

3. No property owners may share a dock with any other property owner or individual. An owner of a dock may not share, rent, sublet, or sell or allow rights in a dock to any other owner, individual or entity.

4. There shall be no commercial vessel, barge or platform using a dock for loading, docking or any other purpose in the Village of Dering Harbor.

5.0 Enforcement and Penalties

5.1 Enforcement

This Local Law shall be enforced by the Board of Trustees of the Dering Harbor the Village of Dering Harbor Waterways Commissioner, and such other entities to which such responsibility and authority may be delegated or assigned by the Village of Dering Harbor. The enforcement of this local law shall be both by the violation provisions hereunder, and any other civil remedies that may be available to the Village of Dering Harbor. The Village of Dering Harbor may commence a civil action in order to obtain compliance with one or more sections of this local law and the owner of the vessel, property, dock or mooring shall be liable to the Village of Dering Harbor for its costs and expenses and reasonable legal fees. The election by the Village of Dering Harbor to commence a civil action in order to enforcement or obtain compliance with this local law shall not be a waiver of or preclude the right of the Village to any other remedy available to the Village.

5.2 Penalties

A. Every violation of this Local Law of2012 of the Village of Dering, shall be subject to a fine of not more than $5,000, per offense or violation, and for purposes of this local law and provision, each and every day that a violation of this Local Law should exist shall be a separate violation of this Local Law of2012.

B. The party and or vessel or boat that shall be in violation of this Local Law of2012, shall be subject, at the option and discretion of the Village of Dering Harbor, or an appropriate body or officer of the Village, to the seizure of the craft or vessel that may be moored without a permit hereunder, or that is otherwise in violation hereof, and the removal and seizure of any mooring that is not approved, with the costs of same including storage and other charges, to be assessed to by the Village of Dering Harbor, to the owner of the craft, dock, mooring or vessel.

6.0 Severability and Validity

In the event that any portion or portions of this Local Law of2012 shall be determined to be invalid or unenforceable for any reason, the remainder of the Local Law, and its provisions shall remain in full force and effect.