[Amended 6-8-2019 by L.L. No. 3-2019]
This article shall be entitled "Regulation of Construction, Property Maintenance and Landscaping Work in the Village of Dering Harbor."
[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 7-16-2016 by L.L. No. 3-2016; amended in its entirety 10-15-2016 by L.L. No. 4-2016]
[Amended 6-8-2019 by L.L. No. 3-2019]
Pursuant to § 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 article, a local law of the Village of Dering Harbor.
This article shall take effect upon the filing of the approved local law with the Secretary of State of New York, which shall be within 20 days after its approval by the Board of Trustees of the Village of Dering Harbor.
[Amended 6-8-2019 by L.L. No. 3-2019]
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 work 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.
The purpose and intent of this article is to protect the safety and well-being of the residents of the Village and their guests and families as well as the atmosphere and peace and tranquility of the Village by prohibiting construction in the Village of Dering Harbor during designated times as stated in this article. The Village is enacting this article to minimize the noise produced by construction activities during the weekends, summer and other times that residents use their homes in the Village.
[Amended 6-8-2019 by L.L. No. 3-2019]
As used in this article, the following terms shall have the meanings indicated:
Any work 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.
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, nor shall it apply to golf, beach and tennis clubs in the performance of their regular duties.
[Amended 6-8-2019 by L.L. No. 3-2019]
It shall be and hereby is prohibited for any person or party to perform construction work or property maintenance and landscaping work, or make deliveries for construction work or property maintenance and landscaping work, on any realty, building or structure except as follows:
A.
From May 1 until Columbus Day (except Saturday, Sunday, holidays and July 4th weekend as defined below):
(1)
Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday through Thursday, 8:00 a.m. to 6:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m., during this period.
(2)
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 work on a Saturday between the hours of 9:00 a.m. and 3:00 p.m.
(3)
July 4th weekend. When July 4th falls on a Tuesday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on July 3. When July 4th falls on a Thursday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on July 5.
B.
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 through Saturday, 8:00 a.m. to 6:00 p.m., during this period.
C.
All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Sundays and the following holidays: Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year's Day.
D.
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.
A.
There shall be a fine or penalty of not more than $1,000 for the first offense and a stop-work order for the day. For any subsequent offense, the fine or penalty shall not be more than $2,500 and a stop-work order on the permit.
B.
The owner of the property on which the violation occurs and the general contractor or other party that was performing the prohibited construction shall all have committed an act in violation of this article. No certificate of occupancy shall be issued until all fines and penalties are paid.
In the event that any section or portion of this article shall be deemed to be unenforceable or of no effect, the remainder of this article shall survive and remain in full force and effect.