INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW N0.1 OF THE YEAR 2002

A LOCAL LAW ENACTING A MORATORIUM ON SUBDIVISION OF PROPERTY AND SUBDIVISION APPLICATIONS AND APPROVALS 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 of Local Law
1.2     Enactment.
1.3     Effective Date.
1.4     Findings.
1.5 Purpose and Intent of Local Law.
2.0 General Provisions
2.1 Moratorium on Subdivision of Property, and Subdivision Applications and Approvals
2.2     Severability

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

1.1. Title
This Local Law shall be entitled “Local Law No. 1 of 2002 of the Incorporated Village of Dering Harbor, A Local Law Enacting a Moratorium on Subdivisions, and Subdivision Applications and Approvals 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 2002, a Local Law of the 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 Findings.
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that the Village of Dering Harbor is a unique place in the State of New York due to its location on the waters of Shelter Island Sound and Gardiners Bay, the pristine nature of these waters and the surrounding coastline of the Village, the unique environment of the Village which is a habitat for wildlife and foliage and manner of the development the large lots which have been developed with single family residences and the large tracts of land which exist in the Village remaining undisturbed, that it is in the interests of the residents and property owners of the Village of Dering Harbor to preserve the large lots and tracts of undisturbed land in their present state, and that it is in the interests of the Village of Dering Harbor, its residents and property owners for the Village to determine the effect of any further subdivision of property in the Village prior to approvals of any further subdivision being given.
The Board of Trustees of the Village hereby further determines and finds that the residents and property owners of the Village rely upon the Village for certain services including a water supply which is obtained from the grounds of the Village and other important services, that the future development of the Village may significantly affect the ability of the Village to provide these services as well as the quality of the services themselves, and that it is in the interest of the Village, its residents and property owners to study and determine the effect of any future development in the Village on the ability of the Village to provide these services prior to any further subdivision of property in the Village.
The Board of Trustees further finds and determines that it is in the best interests of the Village of Dering Harbor, its residents and property owners for the Board of Trustees to enact a moratorium on the subdivision of property in the Village of Dering Harbor for the reasons determined.

1.5. Purpose and Intent of Local Law.
The purpose and intent of this Local Law is to enact a moratorium on the subdivision of property and on applications and approvals of subdivisions in the Village of Dering Harbor in accordance with the findings and determinations of the Board of Trustees and in order to protect the well-being of the Village, its residents and property owners.

2.0  General Provisions;

2.1  Moratorium on Subdivision of Property and Subdivision Applications and Approvals
A. There shall hereby be in effect a moratorium on the subdivision of property and on subdivision applications and approvals in the Village of Dering Harbor for a period of not less than six months from the date of enactment of this Local Law, or such later time as may be established by the Board of Trustees.
B. During the time that the moratorium of this Local Law shall be in effect there shall not be any subdivision of property in the Village of Dering Harbor, the Village Clerk, Village Planning Board or any other officer or agent of the Village shall not accept an application for the subdivision of property, consider an application for the subdivision of property or grant an approval for the subdivision of property in the Village of Dering Harbor.
C. The Board of Trustees of the Village of Dering Harbor may from time to time extend the moratorium established by this Local Law by a duly adopted resolution of the Board of Trustees.

2.2. 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.