Village of Dering Harbor
Code Adoption Local Law
Preliminary Schedule A
Specific Revisions at Time of Adoption of Code
Chapter 8, Defense and Indemnification.
In § 8-5 the definition of “employee” is revised to read as follows:
EMPLOYEE– Any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of a public entity, whether or not compensated, but shall not include the sheriff of any county or an independent contractor. The term “employee” shall include a former employee, his estate or judicially appointed personal representative.
Chapter 15, Ethics, Code of.
A. In § 15-1:
(1) The definition of “interest” is added to read as follows:
INTEREST – A pecuniary or material benefit directly or indirectly accruing to a municipal officer or employee as a result of a contract with the Village. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of:
- His/Her spouse, minor children and dependents, except a contract of employment with the Village;
- A firm, partnership or association of which such officer or employee is a member or employee;
- A corporation of which such officer or employee is an officer, director or employee; and
- A corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
(2) The definition of “employee” is amended to read as follows:
MUNICIPAL OFFICER OR EMPLOYEE – An officer or employee of the Village of Dering Harbor, whether paid or unpaid, including members of any administrative board, commission, committee or other department, unit, or agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer firefighter or civil defense volunteer, except a fire chief or assistant fire chief.
B. Section 15-4 is added to read as follows:
- 15-4. Distribution of Code of Ethics.
The Mayor of the Village shall cause a copy thereof to be distributed to every officer and employee of this municipality. Failure to distribute any such copy or failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code, nor the enforcement of provisions thereof.
Chapter 30, Planning Board.
In § 30-4 the reference to “Village Law § 7-726” is updated to “Village Law § 7-718.”
Chapter 58, Animals.
Article I, Dog Licensing and Control.
- Section 58-3 is amended as indicated:
“The Village of Dering Harbor may cause any dog found within the Village limits in violation of this article to be seized, held and destroyed offered for adoption or euthanized or otherwise disposed of pursuant to the rules and regulations therefor adopted by the Village Board as provided by Agriculture and Markets Law § 117.”
B. Section 58-4 is amended to read as follows:
Except as otherwise provided for in § 118 of the Agriculture and Markets Law, the violation of any of the provisions of this article by the owner, harborer or person in charge of a dog shall constitute an offense and any person found to be guilty of such violation shall be subject to a fine of not to exceed $250.
Chapter 65, Buildings and Property Conditions, Unsafe.
- In § 65-2 the definition of “unsafe or hazardous building, condition, property or structure” is amended as indicated:
UNSAFE OR HAZARDOUS BUILDING, CONDITION, PROPERTY OR STRUCTURE — Any building, condition, property, or structure or portion thereof which:
J. Is in an unsafe or hazardous condition.
K. Any condition which exists in the Village of Dering Harbor which Whether due to erosion, decay, undermining, failure to repair or maintain, or other causation, threatens or poses a present or future threat to public safety or well-being or threat or damage to an adjoining or nearby property or structure or a public roadway, right-of-way or other public property.
B. Section 65-12 is amended as indicated:
“…and or that in the event that the owner does not remedy, repair or remove the hazardous or unsafe building, condition, property or structure, that the Village may proceed with the work required, or that the Village may proceed directly with the work required, with the owner to be liable for the costs thereof…”
Chapter 81, Environmental Quality Review.
The following references to 6 NYCRR Part 617 are updated as follows:
Section Old Section Reference New Section Reference
- 81-7B Sections 6 & 7 of Part 617 Section 6, 7 and 8 of Part 617
- 81-7D Section 16 of Part 617 Section 15 of Part 617
- 81-8C Section 11 of Part 617 Section 7 of Part 617
- 81-8D subdivision 10(b) subdivision 617.12(b)(1)
subdivision 7(e) and
10(f) of Part 617 subdivision 8 and 12(b)(2)
- 81-9B Sections 8, 9 and 10 Sections 9, 11 and 12 of Part 617
- 81-10B Section 17 of Part 617 Section 13 of Part 617
- 81-11 Subdivision 4(j) of Part 617 Subdivision 14(g) of Part 617
- 81-12A Section 12 of Part 617 Section 4 of Part 617
- 81-14A Section 15 of Part 617 Section 10 of Part 617
- 81-16 Section 617.2(kk) Section 617.2(al)
- In § 81-8C “45 days” is revised to “20 days.”
- In § 81-11 “critical areas of environmental concern” is revised to “critical environmental area.”
- Former § 81-12A(6)(e) through (i) are repealed.
- In § 81-12B(2) “Any major subdivision” is revised to “Any subdivision.”
- Section 81-13 is amended to read as follows:
For the purposes of this chapter, Type II actions shall include only those listed in Section 5 of Part 617 of the New York Codes, Rules and Regulations as the same may from time to time be amended.
The lead-in sentence to § 81-15 is amended to delete the phrase “in Section 617.2(q) of the NYS SEQR and.”
Chapter 88, Fees.
In § 88-2 “Incorporated Village of Greenport” is revised to “Incorporated Village of Dering Harbor.”
Chapter 95, Flood Damage Prevention.
- In § 95-5 the last sentence in the definition of “local administrator” is amended as indicated: “…This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.”
- In § 95-12 “Board of Trustees” is revised to “Building Inspector.”
Chapter 102, Geothermal Systems.
In § 102-2 “Incorporated Village of West Hampton Dunes” is revised to “Incorporated Village of Dering Harbor.”
Chapter 116, Littering.
Section 116-2 is amended to change “$100” to “$250.”
Chapter 132, Nuisances.
A. Section 132-4A(13) is amended to read as follows:
Violation of any of the zoning or sign regulations of the Village or any of the uniform codes in effect in the Village.
B. Section 132-6A is amended to read as follows:
Dangerous buildings. Chapter 65, Buildings and Property Conditions, Unsafe, of the Code of the Village of Dering Harbor shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in Chapter 65.
Chapter 141, Peddling and Soliciting.
Section 141-3 is amended to change “$100” to “$250.”
Chapter 150, Rental Property.
Subsection D in the definition of “family” in § 150-6 is amended to delete the sentences: “The fee for such and application shall be $75. The application shall be on a form to be provided by the Board of Trustees.”
Chapter 157, Storm Sewers.
Article I, Illicit Discharges, Activities and Connections.
In § 157-2 the definition of “municipal separate storm sewer system” is revised to change “Village of Greenport” to “Village of Dering Harbor.”
Chapter 173, Taxation.
Article II, Gross Receipts Tax on Utilities.
A. Section 173-10 is amended to read as follows:
Words and phrases used in this article, unless otherwise noted, shall have the same meanings as ascribed to them in § 186-a of the Tax Law.
B. Section 173-18 is amended as indicated:
“The tax imposed by this article shall be charged against and be paid by the utility and may shall not be added as a separate item to bills rendered by the utility to customers or others but shall constitute a part of the operating costs of such utility.”
Chapter 190, Vehicles and Traffic.
A. All references to “Shore Road” in this chapter are updated to “Harbor Lane.”
B. Section 190-9 is amended to read as follows:
Any person violating any provision of this chapter shall be guilty of a traffic infraction and shall for a first conviction thereof be punished by a fine of not more than $250, except that, in the case of a parking violation, the maximum fine shall not exceed $100.
Chapter 197, Vehicular Trespass.
In § 197-4 “$100 or imprisoned for not more than 10 days” is revised to “$250 or imprisoned for not more than 15 days.”
Chapter 230, Zoning.
A. The following statutory references are updated:
- In § 230-2A § 179-a of the Village Law to § 7-710.
- In § 230-3, the opening paragraph, Article Six-A of the Village Law to Article 7.
B. In § 230-4:
- The definition of “accessory building” is amended to read as follows:
A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool, or dish antenna whether attached or detached to or from the principal building or any other building on the lot. An accessory building may not contain kitchen facilities. Sleeping and sanitary facilities are permitted only as authorized under § 230-23. An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building.
- The definition of “family” is amended to read as follows:
FAMILY — One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
(1) The group shares the entire dwelling unit.
(2) The group lives and cooks together as a single housekeeping unit.
(3) The group shares expenses for food, rent, utilities or other household expenses.
(4) The group is permanent and stable, and not transient or temporary in nature.
(5) Any other factor reasonably related to whether the group is the functional equivalent of a family.
- The definition of “nonconforming use” is amended as indicated:
A building, structure or use of land lawfully existing at the time of the effective date of this local law or an amendment hereto which does not conform to the regulations pertaining to the district in which it is located.
- Section 230-8F is amended to read “Commercial activity, except golf courses.”
- Sections 230-25, 230-26, 230-32 and 230-33 are amended to add the word “minimum.”
- Section 230-52B is revised to change “not less than nine nor more than 25 days” to “at least 10 days.”
- Section 230-73 is amended as indicated: “…paid by the owner of the land being subdivided and reviewed.”