RESOLUTION OF ADOPTION OF 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

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. 6 of 2020 is hereby adopted as follows:

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.

1. 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.
2. 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:

1. 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.
2. 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.
3. 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.
4. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Dering Harbor.
5. 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.
6. 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.
7. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
8. The levy or imposition of special assessments or charges.
9. The annexation or dedication of property.
10. Any local law or ordinance relating to salaries and compensation.
11. Any local law or ordinance amending the Zoning Map.
12. Any local law or ordinance relating to or establishing a pension plan or pension fund for Village employees.
13. 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.
14. 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 lawsor 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 lawsand 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.

1. 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.
2. 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 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