INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 2 OF THE YEAR 2007
A LOCAL LAW ADOPTING REGULATIONS REGARDING THE INSTALLATION OF WELLS 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
1.3 Effective Date.
1.5 Purpose and Intent of Local Law.
Section 2.0 General Provisions
2.1 Regulations Regarding Wells
Section 3.0 Violations, fines and Penalties of Enforcement
3.1 Violations and Penalties
Section 1.0 Title, Enactment, Effective Date, Purpose and Definitions.
This Local Law shall be entitled “Local Law No. of 2007 of the Incorporated Village of Dering Harbor A Local Law Adopting Regulations Regarding the Installation of wells in the Village of Dering Harbor
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 2007, 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
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that the installation of any well in the Village of Dering Harbor will have the potential for a significant negative impact on quality and quantity of the public water supply of the Village of Dering Harbor, and thereby jeopardize the public water supply of the residents of the Village of Dering Harbor. For that reason, in order to protect the quality and quantity of the public water supply the owner of any property in the Village of Dering Harbor who desires to install a well should be required to first obtain the approval of the Board of Trustees of the Village of Dering Harbor.
1.5. Purpose and Intent of Local Law.
The purpose and intent of this Local Law is to adopt regulations regarding the installation of wells in the Village of Dering Harbor in order to protect the aquifer and the quantity and quality of the public water supply in the Village of Dering Harbor.
2.0 General Provisions
2.1 Regulations regarding Exterior Sprinkler and Watering Systems
A. The approval of the Board of Trustees shall be obtained by the owner of a property on which a well is to be installed prior to the installation of a well, regardless of the flow or capacity of the well, in the Village of Dering Harbor.
B. Application to the Board of Trustees for the approval of a well shall be made by a written application which shall be submitted to the Village Clerk. The Board of Trustees may establish an application for this purpose and in the interim applications may be made by a letter addressed to the Board of Trustees.
C. The application for the approval of the installation of a well by the Board of Trustees in the Village of Dering Harbor shall be accompanied by a survey of the property indicating the location of the well on the property with setbacks and distances appropriately marked, a description of the well equipment and well, including but not limited to depth, and a certification of a certified professional indicating the flow and capacity of the well and the intended use and need for the well.
D. The Board of Trustees shall have the power to establish a fee for the filing of an application for the approval of the installation ofa well.
3.0 Violations, Enforcement
3.1. Fines and Penalties
Any offense against any provision of this chapter shall be punishable by a fine not to exceed $250.00 per day for the duration of the violation and each and every day that a violation shall exist shall constitute a separate violation of the local law.
The Village at its option may pursue civil remedies including but not limited to seeking injunctive or other relief prohibiting or staying action or requiring restoration, and the election of a civil remedy by the Village of Dering Harbor shall not be exclusive of or preclude the prosecution of the violation and assessment of fines and penalties before a Court of proper jurisdiction.
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.