[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 4-21-2012 by L.L. No. 5-2012. Amendments noted where applicable.]
This chapter shall be entitled "Local Law No. 5 of 2012 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Geothermal Systems for the Village of Dering Harbor."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to § 10 of the 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 2012, a local law of the Village of Dering Harbor.
This chapter shall take effect on 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 Incorporated Village of Dering Harbor.
The Board of Trustees finds that Dering Harbor, as part of Shelter Island, has a sole source aquifer from which to draw its groundwater, as it is cut off from fresh groundwater inflow from adjacent areas of the east end of Long Island. Dering Harbor is low in topography, resulting in a shallow water table and thin groundwater aquifer. Geothermal systems draw a considerable amount of water and have the potential to cause localized salt-water intrusion and aquifer contamination and also threaten the aquifer by piercing deep clay units which help control salt water intrusion and the draining of the freshwater aquifer. The use of this technology in a thin and fragile aquifer system such as Dering Harbor can cause harm to the Village's water supply and the potential risks of contamination and salt-water intrusion in the aquifer shared by all inhabitants of the Village far outweigh any benefits of geothermal systems. The Board of Trustees of the Village of Dering Harbor therefore 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 geothermal systems in the Village of Dering Harbor.
The purpose and intent of this chapter is to protect the safety and well-being of the residents of the Village and their guests and families and the aquifer and water supply of the Village of Dering Harbor by prohibiting geothermal systems in the Village of Dering Harbor.
As used in this chapter, the following terms shall have the meanings indicated:
- GEOTHERMAL SYSTEM
- A system which uses groundwater for heating or cooling.
The construction or installation of a geothermal system in the Village of Dering Harbor is hereby prohibited.
In the event that any existing geothermal system is determined to cause or contribute to salt-water intrusion or any other similar problem with the freshwater aquifer or public water supply then the existing geothermal system shall be deemed to be a nuisance and shall be discontinued and the system shall be removed.
Any person, including, but not limited to, any owner, builder, architect, tenant, contractor, subcontractor, well driller, construction superintendent, or their agents, who shall violate any of the applicable provision of this chapter, or any order, notice directive, permit or certificate of the Building Inspector regarding this chapter, shall be liable to a fine or penalty not less than $500 and up to $5,000 per violation, and each and every day that a violation of this chapter exists shall be a separate violation.
Any person, including, but not limited to, any owner, builder architect, tenant, contractor, subcontractor, well driller, construction superintendent or their agents, who installs such a geothermal system in violation of this prohibition, shall immediately remove the system and be liable for a penalty of not less than $500 and up to $5,000 per day until such system is removed, and each and every day that a violation of this chapter exists shall constitute a separate violation.
In the event that one or more sections of this chapter should deemed to be void or invalid, the remaining sections of this chapter shall continue in effect.