Minutes – October 10, 2020 – Village of Dering Harbor

Village of Dering Harbor
Trustees’ Meeting via Zoom
Minutes

October 10, 2020, 9am

● The meeting was called to order at 9:04am
● Attendance- Mayor Patrick Parcells, Trustees Karen Kelsey, Clora Kelly, Ari Benacerraf, Brad Goldfarb, Vicki Weslek (village clerk), Wayne Bruyn (village attorney), Donna Ritzzmann (stenographer from Flynn Stenography, present on behalf of Timothy Hogue), Susan Dempsey (Shelter Island Reporter), Stephanie Deutsch, Lisa Modica.
● A motion to approve the minutes of the September 19th meeting was made by Ari and seconded by Brad. All Board members voted in favor.
● Old Business

○ Ways and Means

Treasurer’s Report
A. Bank reconciliation and budget-to-actual reports were presented to the Board, which can be provided by Vicki upon request.
B. A resolution to approve the abstract/bills to be paid was moved by Brad and seconded by Karen. All Board members voted in favor.
Water Works Report- Patrick reported that the water is good and plentiful. New water mains have been installed at the new wells and at old well number 2 in preparation for piping all of the water from all of the wells to the highway barn. He also said that SCWA got an odd request from a builder who wants to connect to the water at 3 Dering Woods Lane, the property next to Deutsch. Karen asked if the village has a limitation on access to public water only from residences. Her concern is that otherwise, it would make it more likely that the water might be used for things like irrigation. Patrick asked Wayne whether connections are restricted to properties only with residences on them. Wayne responded that what is probably anticipated in this instance is someone is doing their due diligence in making sure that water is available for that parcel.
Status of Litigation and FOIL requests- Wayne reported that there has been progress in eliminating some of the cases that are before the village (both recent challenges to the ZBA).

● New Business

○ Vicki received a letter from Elite Towers asking if the village would be interested in installing a “stealth communication pole.” Patrick said he will look into it and will report back when he learns more.
○ Patrick said that there is renewed interest in the navigation law Clora was working on last year. SI Town seems to be taking a different view, particularly on seaplane access in Dering Harbor waters and boat occupancy. Clora had nothing concrete to share. The town recently had a hearing regarding dock enforcement and regulation and Clora said is an important thing to follow-up on. There was a discussion about the safety of seaplanes in the harbor and whether to regulate seaplane activity in Dering Harbor. Wayne commented that understanding the safety issues is important and is something worth investigation. Karen asked him if he knows of any well-crafted legislation that other municipalities have adopted. He said there are a variety of local examples that the village can look at.
○ A motion to reopen the Public Hearing on Local Law amending article X of the Zoning Law updating and revising procedures of the Architectural Review Board
was moved by Karen and seconded by Clora. All Board members voted in favor.
Patrick asked Clora to briefly explain the nature of this amendment and the need for it, which she did. It was a summary of what was discussed last meeting. The BOT may set a fee schedule related to this law (taking into consideration the ARB’s recommendations) outside of the amendment and it can be modified if/when deemed necessary. Seeing that it needed further discussion, Patrick recommended that it be thought about over the next month and put on the agenda for November. Clora also read an email from Kirk Ressler, related to the pre-submission process and whether neighbors should be notified just as they are with public hearings. This was discussed and it was the consensus that considering no decisions are made during pre-submission conferences, and that the public is notified of ARB meetings and agenda via email and the village website, that those are sufficient. Vicki clarified with Wayne that under the new law, pre-submission conferences would not need to be noticed as public hearings and they would simply be put on the agenda. Stephanie Deutsch commented, as a member of the ARB, that they do their best to get input from neighbors, even in an informal way, as much as possible. This was deemed a matter of local determination by the SCPC.

A motion to close the public hearing was moved by Brad and seconded by Clora.

A motion to adopt the following resolution was moved by Ari and seconded by Brad. All Board members voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board; and
WHEREAS, a public hearing was held on September 19, 2020 and October 10, 2020; and
WHEREAS, by letter dated August 14, 2020, the Suffolk County Planning Commission considered the proposed local law to be a matter for local determination, and
WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;
NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 5 of 2020 is hereby adopted as follows:

LOCAL LAW NO. 5 OF 2020

A LOCAL LAW amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Amendment. Article X of the Zoning Law is amended to read as follows:

ARTICLE X
ARCHITECTURAL REVIEW BOARD
Section 10-100 Policy and Findings
Section 10-104 Procedures of the Board
Section 10-105 Chairperson and Alternate Members
Section 10-106 Pre-submission conference; Referrals to the Board
Section 10-108 Standards for Architectural Review Board Action
Section 10-110 Advisory Powers
Section 10-112 Effect of Disapproval, or Failure to Act
Section 10-114 Appeal
Section 10-100 Policy and Findings.

A. It is the purpose of this article to preserve and promote the character and appearances and conserve the property values of the Village, the attractiveness of whose residential areas is the economic mainstay of the community, by providing procedures for an architectural review of the structures henceforth erected, reconstructed or altered in the village, to achieve the following purposes and objectives:

(1) To encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of structure,
(2) To permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings, and
(3) To prevent such design and appearances as are necessarily offensive to visual sensibilities.

B. The Board of Trustees hereby finds that structures which are visually offensive or inappropriate by reason of poor qualities of exterior design or materials, monotonous similarity or striking visual discord in relation to their sites or surroundings, mar the appearances of their areas impair the use, enjoyment and desirability and reduce the values of properties, are detrimental to the characters of neighborhoods, prevent the most appropriate development and utilization of land, and therefore adversely affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.

Section 10-102 Creation of Board

A. There is hereby created an Architectural Review Board which shall consist of five members who shall serve without compensation. All members of the board shall be residents of the Village. Members of the board should have interests, training or experience in architecture, land development, community planning, real estate, landscape architecture, engineering, building construction or judgment, to judge the effects of a proposed building upon the desirability, property values and development of surrounding areas.
B. The Chairperson and other members of the board shall be appointed by the Board of Trustees. The term of office of each member shall be 3 years, except that the initial appointments of one member shall be for one year, and of a second and third member for two years, and of a fourth and fifth member for three years. In the same manner vacancies shall be filled for the unexpired term of any member whose place has become vacant. The Architectural Review Board shall appoint a secretary who shall keep or cause to be kept in the Village Hall a comprehensive record of all meetings of the board, as well as a record of all transactions handled by said board and shall prepare and file with the Board of Trustees on or before September 1st of each year a complete report of the business handled by the board during the preceding year ended May 31st.

Section 10-104 Procedures of the Board

A. Meetings of the Architectural Review Board shall be held at the call of the chairperson and at such other times as the board shall determine. The board may hold a public hearing when it deems the same to be in the public interest. Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than ten (10) days before the date of the hearing, and by requiring the applicant to mail written notice of the date, time and place of the hearing, and a summary of the purpose of the application, by certified mail, return receipt requested, to every property owner, as shown on the current Village of Dering Harbor assessment rolls, of parcels within two hundred fifty (250) feet of the property which is the subject of the application, proof of which shall be submitted to the Board on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least ten (10) days prior to the hearing date. The failure of the notice to be published in the newspaper or the applicant to provide the required proof of mailing shall require the Board to adjourn the public hearing and cause the public hearing to be re-noticed.
B. A majority of the board shall constitute a quorum for the transaction of business. The Architectural Review Board shall keep minutes of its proceedings showing the vote of each
member upon each question, or if absent or failing to vote indicating such fact, and shall also keep copies of its examinations and other actions.
C. The Architectural Review Board shall have power from time to time to adopt, amend, and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedures and the transaction of its business, and for the purpose of carrying into effect the standards outlined in Section 10-108. Such action to be taken after a duly noticed public hearing.

Section 10-105 Chairperson and Alternate Members.

A. The Board of Trustees shall designate the Chairperson of the Architectural Review Board. Such designation shall be for one official year of the Village and shall expire at the end of each official year. During the absence, disability or disqualification of the Chairperson, the Vice-Chairperson elected by the Board of Architectural Review shall perform all the duties, exercise the powers and be subject to all of the responsibilities of the Chairperson. The designation of Chairperson may be withdrawn at the pleasure of the Village Board. The duties of the Chairperson shall be as follows:

(1) To preside at all meetings.
(2) To postpone meetings due to inclement weather and to call special meetings.
(3) To sign, together with the administrative support personnel of the Village Clerk or Building Inspector, all official documents of the Board of Appeals.
(4) To see that all reports, documents, and actions of the Architectural Review Board are properly made, executed, filed or taken, as the case may be, in accordance with law and regulations of the Architectural Review Board.
(5) To serve as liaison the Village Board of Trustees and other Village boards.

B. Alternate Members. For the purposes of substituting for a member of the Architectural Review Board in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable due to a long term absence, disability or disqualification, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment. Any designation of an alternate member in replacement of a member on a particular case because of a conflict of interest or unavailability due to a long term absence, disability or disqualification shall be made by the Chairperson of the Architectural Review Board and shall be entered in the minutes.

Section 10-106 Pre-submission conference; Referrals to the Board

A. Pre-Submission Conference.

(1) Prior to the submission of a building permit application, the owner or his/her agent may submit preliminary plans, elevations, sketches and/or proposals to the Architectural Review Board for consultation at a pre-submission conference. The purpose of such conference is to enable an owner and his/her architect to have the benefit of the Board’s preliminary and informal input as to form, layout, design, development constraints, zoning, and other issues related to the conformance of the standards and criteria set forth in this article before preparing fully designed
and engineered plans necessary to make a formal application. Pre-submission conferences are recommended for construction of new buildings or structures and substantial alteration or additions to existing buildings or structures.
(2) A landowner seeking a pre-submission conference shall submit his/her request in writing accompanied by proposed plans and documents to the Village Clerk at least twenty (20) days prior to regularly scheduled meeting of the Architectural Review Board.
(3) Pre-submission conferences shall be placed on the agenda and held at a regular meeting of the Architectural Review Board or may be scheduled at a special meeting with due notice. A pre-submission conference is not a public hearing, but members of the public may attend the meeting and provide comments.
(4) Due to the informal nature of the pre-submission conference, comments of the Architectural Review Board at a pre-submission conference shall be considered preliminary and shall not be binding on the Board or the applicant.

B. As soon as practicable and in any event within five (5) business days after determining that an application for a building permit for the construction, reconstruction or alteration of any building or structure complies with all provisions of the Zoning Law, other than this article the Building Inspector shall transmit to the Board of Architectural Review a copy of any such application which the Building Inspector first determines comes within any of the following categories:

(1) Construction of any new building or structure;
(2) An addition or reconstruction or alteration of any existing building or structure, in such a manner as to change substantially the exterior character and appearance of the building or structure. Interior alterations to an existing building or structure and the “in-kind” replacement of materials of an existing building or structure shall not be considered to be a substantial change requiring review by the Architectural Review Board for the purposes of this section.
(3) All fences, and walls including fences for pools, tennis courts and gardens.

C. The referral of an application by the Building Inspector shall be made to the Chairperson of the Architectural Review Board who shall, within five (5) business days of the referral, classify the application as either “substantial” or “non-substantial” construction. An application for non-substantial construction may be reviewed by a committee of one member of the Board, but all applications for substantial construction shall be reviewed by the Board (consisting of at least the majority).

(1) Applications for non-substantial construction reviewed by a committee of one member of the Board under this subsection shall be approved, denied or approved with conditions based upon the criteria and standards set forth in §10-108.
(2) A person aggrieved by the decision of the committee of one member of the Board may request such decision be reviewed by Board. Such request shall be made in writing within thirty (30) days of the decision of the committee of one member of the Board is filed in the office
of the Village Clerk. Any such request to the Board shall be reviewed in the same manner as an application for substantial construction.
(3) Notwithstanding any provision in this section C to the contrary, the Chairperson or the Board member designated to review the application may classify any application considered non-substantial construction as substantial construction requiring Board review.
(4) Notwithstanding a classification of the application as non-substantial by the Chairperson, the applicant may request that the application be reviewed by the Board.

D. The Building Inspector shall not transmit any application for a building permit to the Architectural Review Board until it has been found to be complete for review by the Building Inspector as having met every provision of the Zoning Law, other than this article. If the Building Inspector’s review is pending or a variance from the Zoning Board of Appeals is required for any part of the application then the application shall not be submitted to the Architectural Review Board until all such required review and Board of Appeals’ approvals have been issued. The Building Inspector’s finding of completeness under this article does not constitute a final appealable determination or a building permit.
E. In the event the Architectural Review Board receives an application from the Building Inspector that is not complete for review, the Architectural Review Board at a regular meeting or at a special meeting called by the chairperson or acting chairperson may make a determination that the application is not complete for review and return the application to the Building Inspector until such time the application has been found to be complete for review.
F. Applications must be accompanied by plans which are prepared and certified by, and stamped with the seal of licensed architect, engineer, and/or surveyor showing all elevations of new structures and all affected elevations in the case of additions or alterations. Where deemed necessary by the Building Inspector or Architectural Review Board, the application shall be accompanied by a fully dimensioned site plan based upon a current survey of the property prepared by a licensed surveyor. The site plan submitted shall show both existing and proposed contours at 5 foot intervals, all existing trees with a trunk diameter of 12 inches or more at a point 3 feet above the ground level and whether such trees shall remain or be removed, existing and proposed landscaping, and/or other topographical features existing or planned but not limited to all changes in grades and berms.
G. All applications submitted by or appeared by anyone other than the owner of record according to the title of the property, an owner’s endorsement or a letter of agency must be submitted and no application will be accepted or reviewed by the Village of Dering Harbor or its representatives of the owner’s representative submitting the application does not submit or have a letter of agency signed by the owner of record on file with the Village Clerk. All parties to the application must also submit the required disclosure affidavit as required under §809 of the New York State General Municipal Law.
H. All applications for any action by the Architectural Review Board shall be submitted in the form required by the Board and filed in the Village office. A digital copy of said application shall be submitted in a format determined, and changed as needed, by the Village Clerk.
I. Every request for a pre-submission conference or an application referred to the Architectural Review Board shall be subject to an application review fee in an amount set by the Board of Trustees adopted from time to time by resolution.

Section 10-108 Standards for Architectural Review Board Action

A. Approval of any building permit shall be by a vote of a majority of the members of the Architectural Review Board. All decisions of the Architectural Review Board shall be by resolution approved by no fewer than three members and shall contain a full record of the findings of the Board in the particular case. Any vote not obtaining a majority of the members shall be considered to be a denial.
B. In considering an application for a permit the Architectural Review Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures, and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property encouraging the most appropriate use of land.
C. The Architectural Review Board may approve any application referred to it upon finding that the building or structure for which the permit was requested if erected or altered in accordance with the submitted plan would be in harmony with the purpose of this article, would not be visually offensive or inappropriate by reason of poor quality of exterior design or materials, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.
D. In approving any application the Architectural Review Board may impose appropriate conditions and safeguards, designed to prevent the harmful effects set forth in section 10-100.
E. The Architectural Review Board may disapprove any application for a permit, provided that the board has afforded the applicant a reasonable opportunity to confer upon suggestions for change of the plan, and provided that the board finds and states that the structure for which the permit was requested would, if erected or altered as indicated, provoke one or more of the harmful effects set forth-in section 10-100 by reason of:

(1) Monotonous similarity to any other structure or structures or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of design and appearance:

(a) substantially identical facade, disregarding color;
(b) substantially identical size and arrangement of either doors, windows, porticos, porches or garages, or other openings, or breaks or extensions in the facade, including reverse arrangements, or
(c) other substantially identical features such as, but not limited to, setbacks From street lines, heights, widths and lengths or elements of the building design, and exterior materials and treatments;

(2) Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a comer thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:

(a) facade, disregarding color;
(b) size and arrangement of doors, windows, porticos, porches or garages, or other openings, breaks or extensions in the facade, or
(c) other significant design features such as, but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas;

(3) Visual offensiveness or other poor qualities of exterior design or materials, including without limitation, considerations of the harmony or discord of colors, or incompatibility of the proposed structure with existing structures in the Village or with The terrain on which it is to be located, but not limited to excessive divergences of the heights or levels of any part of the structure from the grade of the terrain.
(4) The Architectural Review Board shall maintain the desirable character of the Village and disapprove the construction, reconstruction, alteration and development of buildings that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and make up the identity of the community.
(5) The Architectural Review Board shall maintain the identity and heritage of the community of the Village of Dering Harbor in its review and decision-making process. The identity of the community of the Village of Dering Harbor is founded on its past; and the historic, architectural, cultural and natural resources of the community of the Village of Dering Harbor constitute its heritage.
(6) It is the purpose of the Architectural Review Board to preserve and enhance the character, history, historical interest, beauty, general welfare and property values of the Village of Dering Harbor.

F. Review of fences and walls. The Architectural Review Board shall review applications for fences and walls, including such applications seeking to make substantial alteration, replacement, modification or change to pre-existing fences and walls that do not conform the requirements of §4-420(1). In addition to the standards in §10-108E, the Architectural Review Board shall find that the fence or wall will be compatible with the design, appearance, improvements, and physical characteristics of the site and other existing structures in the surrounding neighborhood; that the materials, height, orientation, and location of the fence or wall is in proper relation to the existing or proposed improvements on the site, to public infrastructure and to other fences or walls on adjacent properties and in the neighborhood; that the fence or wall will be a planned architectural feature and will not dominate the site or overwhelm surrounding properties,
structures, or passersby; and that the fence or wall will be of sound construction and located so as not to cause a safety hazard. The use of chain-link, cyclone, barbed wire, electrified, or razor wire fences and other similar types of security fences shall be prohibited. Generally, fences along the front lot line or street line shall be of an open grill or latticework, or similar open design allowing light and air to pass through at least fifty (50) percent of the fencing material. Stockade fences and walls that block views within the front yard or along a street line are discouraged. The Architectural Review Board shall have the authority to impose greater setbacks or reduce the height of fences and walls, and to impose reasonable conditions.

G. Compliance with Approved Plans.

(1) The decision of the Architectural Review Board shall expressly reference the title of the plans, number of sheets, preparer of the plans and all other documents presented and relied upon by the Board in making its decision. The decision of the Board and approved plans shall be signed by the Chairperson and delivered to the Building Inspector. If the Board’s decision is conditioned upon a modification to the plans, the applicant shall submit revised plans complying with such conditions prior to the Chairperson signing same.
(2) The Building Inspector shall not issue a building permit unless the plans submitted therewith duly comply with the decision of the Architectural Review Board. A substantial alteration or change in the plans shall require re-submission to the Architectural Review Board.
(3) Prior to the issuance of a certificate of occupancy/compliance, the Building Inspector shall make written request to the Chairperson of the Architectural Review Board to cause an inspection of the property to determine compliance of the completed construction with the approved plans. The Chairperson or other designated Board member shall provide a written report to the Building Inspector within five (5) business days with respect to the project’s compliance. A substantial alteration or change in the construction from the approved plans shall require pre-submission to the Architectural Review Board.
(4) The Building Inspector shall not issue a certificate of occupancy/compliance unless and until the Chairperson or other designated Board member reports that the construction is in substantial compliance with the approved plans.
(5) Failure to obtain the approval of the Architectural Review Board as required under this article or failure to adhere to approved design which has been subject to the approval of the Architectural Review Board or any conditions of such approval shall be a violation of this Chapter.

Section 10-110 Advisory Powers

The Board of Architectural Review shall advise with respect to public buildings and such other matters as the Board of Trustees, the Zoning Board of Appeals and the Planning Board may refer to it.

Section 10-112 Effect of Disapproval or failure to Act

The Building Inspector shall refuse any building permit application disapproved as provided in Section 10-108. If the Architectural Review Board shall fail to approve or disapprove any application referred to it under Section 10-106 within sixty (60) days of the date of referral of
such application to it, the application shall be considered to have been approved unless the applicant shall have agreed to an extension of time.

Section 10-114 Appeal

Any person aggrieved by a decision of the Architectural Review Board in approving or disapproving an application may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such action is illegal in whole or in part. Such proceeding must be commenced within thirty (30) days after the filing in the office of the Village Clerk of the decision of the Architectural Review Board after its consideration of the application.

Section 2. Authority. The proposed local law is enacted pursuant to Village Law §7-712, et.seq. as well as Municipal Home Rule Law §§10(1)(i) and 10(2).

Section 3. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Adoption:

NOTICE OF ADOPTION
PLEASE TAKE NOTICE that after public hearing was held on September 19, 2020 and October 10, 2020 the Board of Trustees of the Village of Dering Harbor at their meeting of October 10, 2020 adopted LOCAL LAW NO. 5 OF 2020 as follows: “A LOCAL LAW amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.”
Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK

○ A motion to reopen the Public Hearing on Local Law to Provide for the Codification Local Laws, Ordinances and Certain Resolutions to be designated “Code of the Village of Dering Harbor” was made by Karen and seconded by Brad. All Board members voted in favor. Patrick asked Karen and Wayne to give a brief background on this law, which he commented is a big deal and a big step forward for the village. What Karen and Wayne had to say was a summary of what was discussed last meeting. Wayne also congratulated the board for taking on this task and thinks it’s one of the most important things in governing that a municipality can do. This was deemed a matter of local determination by the SCPC. A motion to close the public hearing was moved by Ari and seconded by Brad.

A motion to adopt the following resolution was moved by Ari and seconded by Brad. All Board members voted in favor.

LOCAL LAW NO. 6 OF 2020

A LOCAL LAW to provide for the codification of the local laws, ordinances and certain resolutions of the Village of Dering Harbor into a municipal code to be designated the ‘Code of the Village of Dering Harbor’.”

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

ARTICLE I

Adoption of Code
§1-1. Legislative intent. In accordance with Subdivision 3 of §20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Dering Harbor, as codified by General Code, and consisting of Chapters 1 through 230, together with an Appendix, shall be known collectively as the “Code of the Village of Dering Harbor,” hereafter termed the “Code.” Wherever reference is made in any of the local laws, ordinances and resolutions contained in the “Code of the Village of Dering Harbor” to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
§1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their
adoption by the Board of Trustees of the Village of Dering Harbor, and it is the intention of said Board of Trustees that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §1-3 below.
§1-3. Repealer.

A. Repeal of inconsistent enactments. Except as provided in §1-4, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in §1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Dering Harbor which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal of specific enactments. The Board of Trustees of the Village of Dering Harbor has determined that the following local laws and/or ordinances are no longer in effect and hereby specifically repeals the following legislation:

(1) Local Law No. 2-1970, Publication of Ordinances, adopted August 8, 1970.
(2) Local Law No. 1-1984, Uses and Conduct of Navigable Waters, adopted March 3, 1984.

§1-4. Enactments saved from repeal; matters not affected. The repeal of local laws and ordinances provided for in §1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal.

A. Any right or liability established, accrued or incurred under any legislative provision of the Village of Dering Harbor prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Dering Harbor or any penalty, punishment or forfeiture which may result therefrom.
C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Village of Dering Harbor.
D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Dering Harbor.
E. Any local law or ordinance of the Village of Dering Harbor providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Dering Harbor or any portion thereof.
F. Any local law or ordinance of the Village of Dering Harbor appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Dering Harbor or other instruments or evidence of the Village’s indebtedness.
G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
H. The levy or imposition of special assessments or charges.
I. The annexation or dedication of property.
J. Any local law or ordinance relating to salaries and compensation.
K. Any local law or ordinance amending the Zoning Map.
L. Any local law or ordinance relating to or establishing a pension plan or pension fund for Village employees.
M. Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
N. Any local law or ordinance adopted subsequent to May 9, 2020.

§1-5. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Dering Harbor and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Village Clerk of the Village of Dering Harbor by impressing thereon the Seal of the Village of Dering Harbor, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
§1-7. Amendments to Code. Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the “Code of the Village of Dering Harbor” or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Village to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.
§1-8. Code book to be kept up-to-date. It shall be the duty of the Village Clerk to keep up-to-
date the certified copy of the book containing the Code of the Village of Dering Harbor required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board of Trustees to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws or resolutions until such changes, local laws or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
§1-9. Sale of Code book; supplementation. Copies of the Code, or any chapter or portion of it, may be purchased from the Village Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
§1-10. Penalties for tampering with Code. Any person who alters or tampers with the Code of the Village of Dering Harbor in any manner whatsoever which will cause the legislation of the Village of Dering Harbor to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
§1-11. Changes in previously adopted legislation; new provisions.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Dering Harbor, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor non-substantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B. In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)

§1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Dering Harbor, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the sections of this local law shall be numbered §§1-1 to 1-14, inclusive.
§1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
§1-14. State Environmental Quality Review Act (SEQRA). The codification of the local laws, ordinances and certain resolutions of the Village of Dering Harbor into a municipal code is considered to be a Type II Action pursuant to 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment.AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Adoption:

NOTICE OF ADOPTION
PLEASE TAKE NOTICE that after a public hearing was held on September 19, 2020 and October 10, 2020 the Board of Trustees of the Village of Dering Harbor at their meeting of October 10, 2020 adopted LOCAL LAW NO. 6 OF 2020 as follows: A LOCAL LAW to provide for the codification of the local laws, ordinances and certain resolutions of the Village of Dering Harbor into a municipal code to be designated the ‘Code of the Village of Dering Harbor’” This local law:

(1) States the legislative intent of the Board of Trustees in adopting the Code.
(2) Provides for the designation of the local laws, ordinances and certain resolutions of the Village of Dering Harbor as the “Code of the Village of Dering Harbor.”
(3) Repeals local laws and ordinances of a general and permanent nature not included in the Code, except as provided.
(4) Saves from repeal certain local laws and ordinances and designates certain matters not affected by repeal.
(5) Retains the meaning and intent of previously adopted legislation.
(6) Provides for the filing of a copy of the Code in the Village Clerk’s office.
(7) Provides for certain changes in or additions to the Code, a summary of which is available for review in the Village Hall or on the Village website.
(8) Prescribes the manner in which amendments and new legislation are to be incorporated into the Code.
(9) Requires that Code books be kept up-to-date.
(10) Provides for the sale of Code books by the village and the supplementation thereof.
(11) Prohibits tampering with Code books, with offenses punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
(12) Establishes severability provisions with respect to the Code generally.
(13) Provides that the local law will be included in the Code as Chapter 1, Article I.

Copies of the adopted code, a summary of the changes and the local law sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website at the following link: https://www.ecode360.com/DE3974.

BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK

● Public Comments- Stephanie Deutsch asked the Trustees, over the next couple of months, to take a look at the village rental laws to confirm that they are tight. She has concerns that there is the potential for weekly rentals and “party-houses.”
● An Executive Session to discuss litigation matters was not needed.
● Date for Next Meeting – Saturday, November 14th, 2020 at 9:00 a.m.
● A motion to adjourn at 9:53am was moved by Karen and seconded by Brad. All Board members voted in favor.

Village of Dering Harbor

Minutes – October 10, 2020

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