NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, October 15, 2022 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “A Local Law amending §230-62 and §230-67 to clarify the time in which the Architectural Review Board must act, time limit and extension of approval.”

Copies of the proposed 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.

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

RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING §230-62 AND §230-67 TO CLARIFY THE TIME IN WHICH THE ARCHITECTURAL REVIEW BOARD MUST ACT, TIME LIMIT AND EXTENSION OF APPROVAL.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, October 15, 2022 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “A Local Law amending §230-62 and §230-67 to clarify the time in which the Architectural Review Board must act, time limit and extension of approval.” 

LOCAL LAW NO. ___ OF 2022

A LOCAL LAW amending §230-62 and §230-67 to clarify the time in which the Architectural Review Board must act, time limit and extension of approval.

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

SECTION 1.  Amendment.  Section 230-62 the Zoning Code is amended by deleting strikethrough words and adding underlined words as follows:

• 230-62. 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.  Such public hearing shall be held within seventy-five (75) days of the referral by the Building Inspector.  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.

SECTION 2.  Amendment.  Section 230-67 the Zoning Code is amended by deleting strikethrough words and adding underlined words as follows:

• 230-67. Effect of disapproval or failure to act, time limit and extension of approval.

A. The Building Inspector shall refuse any building application disapproved as provided in §230-65.

B. If the Architectural Review Board shall fail to approve or disapprove any application referred to it under §230-64 within 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. Within seventy-five (75) days of the conclusion of the public hearing or, if none was held, within seventy-five (75) days of the referral from the Building Inspector determining the application to be complete for review, the Architectural Review Board shall determine whether the application complies with the purposes and specifications of the Zoning Code and shall so inform the Building Inspector and Village Clerk and the applicant, in writing, of its approval, approval with modifications, or disapproval.  This seventy-five (75) day period may be extended by the Architectural Review Board upon the written consent of the applicant.  Failure by the Architectural Review Board to hold the public hearing or render such decision within the time periods set forth herein shall be deemed an approval by default of the application.  In the event a default approval is demanded by the applicant, the Building Inspector may issue the building permit provided it is demonstrated that the Architectural Review Board did in fact default as provided hereunder.

C. The approval of the Architectural Review Board shall expire within one-hundred-twenty (120) days of the date the resolution approving the application was adopted by the Architectural Review Board unless a building permit has been issued. Extension of such approval and the time to file for a building permit may be granted by the Architectural Review Board for one additional ninety (90) day period, provided the applicant (i) requests an extension at least thirty (30) days prior to expiration of the approval, (ii) pays all applicable extension fees in an amount set by the Board of Trustees from time to time by resolution, and (iii) provides a reasonable explanation for the delay in processing the building permit application. A new application shall be made if the approval of the Architectural Review Board or the building permit has expired.

SECTION 3.  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 4.  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 5.  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 refer this local law to the Suffolk County Planning Commission; and

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

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, October 15, 2022 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “A Local Law amending §230-62 and §230-67 to clarify the time in which the Architectural Review Board must act, time limit and extension of approval.”

Copies of the proposed 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.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK