[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]
This article shall be entitled "Regulation of Construction,
Property Maintenance and Landscaping Work in the Village of Dering
Harbor."
[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.Â
From May 1 until Columbus Day (except Saturday, Sunday, holidays
and July 4th weekend as defined below):
(1)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
