Updated “Local Law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 2016 REGULATING CONSTRUCTION TO CLARIFY THE DEFINITION OF CONSTRUCTION WORK TO INCLUDE PROPERTY MAINTENANCE AND LANDSCAPING

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, January 12, 2019 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:  “Local Law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

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

            Section 1. Legislative Intent.  For the purpose of protecting the safety and well-being of the resident of the Village of Dering Harbor, Local Law No. 4 of 2016 sets forth regulations governing the dates and times in which construction work can be undertaken.  Construction work is defined as “any work done on a building for which a building permit or demolition permit has been issued . . .” The Village, however, has experienced activities involving work that does not require a building permit that have caused noise and other impacts negatively effecting the atmosphere and peace and tranquility of the Village during the times construction work is otherwise prohibited.  It is the intent and purpose of this Local Law to relabel the local law and clarify the definition of construction work to include work and activities customarily associated with construction, property maintenance and landscaping that may not require a building permit, including but not limited to any work of construction, erection, alteration, repair, addition to, excavating, grading, landscaping, hedge trimming, lawn maintenance and leaf blowing or other improvement of any realty, building or structure, which work and activities customarily produce noise or other sounds of such intensity or quality that it disturbs the peace and quiet of residents particularly during the weekends and summer season.

            Section 2.  Amendment.  Section 1.1 (Title of Local Law) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

1.1 Title  This Local Law shall be entitled “Local Law No. 4 of 2016 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Permitted Construction, Property Maintenance and Landscaping in the Village of Dering Harbor.”

            Section 3.  Amendment.  Section 1.2 (Enactment) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

1.2 Enactment  Pursuant to Section 10 of the Municipal 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 2016, a Local Law of the Village of Dering Harbor.

            Section 4. Amendment.  Section 1.4 (Findings) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

1.4 Findings  The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of Dering Harbor to prohibit construction, property maintenance, landscaping and related activities during certain hours of the day and week during certain times of the season.  The Village of Dering Harbor is an entirely residential Village with less than 40 residences, the large majority of which are used mostly on weekends and during the summer and at other times by residents seeking peace and quiet.  The quiet and calm of the Village are special attributes that residents value and wish to maintain and enhance.

            Section 5. Amendment.  Section 2.0 (Definition) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

2.0 Definition.  Construction work is defined as any work done on a building for which a building permit or demolition permit has been issued until the work done under such permit has been completed involving the construction, reconstruction, erection, alteration, repair, addition to, demolition or removal of buildings or structures, or the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or other improvement of any realty, building or structure, whether or not the work involves the use of machinery or power tools.  The term “construction work” shall not mean the performance of necessary emergency repairs.

Property maintenance and landscaping work is defined as any work involving the  excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or the process of tending, planting, installing, maintaining, or repairing lawns, gardens, hedges, flower beds, shrubbery, trees, or vegetation of any kind, which work involves the use of machinery or power tools, including but not limited to lawn mowers, weed trimmers, leaf blowers and hedge trimmers.  The term property maintenance and landscaping work shall not include swimming pool maintenance or snow plowing, snow blowing or other snow removal activities.  The term “property maintenance and landscaping work” shall not mean the performance of necessary emergency repairs or clean–ups after major storms.

            Section 6.  Amendment.  The first paragraph of Section 2.1 of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

2.1 Construction, Property Maintenance and Landscaping During designated Times Prohibited.

It shall be and hereby is prohibited for any person or party to perform construction work or make deliveries for construction, property maintenance and landscaping work on any realty, building or structure for which a building permit, demolition permit or similar municipal approval has been issued except as follows:

  1. From May 1 until Columbus Day (Except Saturday, Sunday, Holidays and July 4 weekend as defined below):

 

Construction work, property maintenance and landscaping and deliveries for construction, property maintenance and landscaping work are permitted Monday – Thursday 8:00 a.m. – 6:00 p.m. and Friday 8:00 a.m. – 5:00 p.m. during this period.

 

All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Saturday, Sunday and Holidays during this period, except that a homeowner (excluding employees or contractors) may undertake property maintenance and landscaping on a Saturday between the hours of 9:30 a.m. and 11:30 a.m.

 

July 4th Weekend: When July 4 falls on a Tuesday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on July 3. When July 4 falls on a Thursday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on July 5.

 

  1. From Columbus Day until May 1 (except Sunday, holidays and Thanksgiving weekend as defined below):

 

Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Saturday: 8:00 a.m. – 6 p.m. during this period.

 

  1. All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on Sundays and the following holidays: Memorial Day, July 4, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year’s Day.

 

  1. The use of any music playing device such as a radio, cd player or phone during construction, property maintenance and landscaping work in a manner that the sound can be heard beyond the property line of the property being worked on is prohibited.

Section 7.  Authority.  The proposed local law is enacted pursuant to Village Law §4-412 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e) (3).

Section 8.  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 9.  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 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, January 12, 2019 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:  “Local Law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 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