[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:
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.
A.Â
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.
B.Â
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.
