Pursuant to the provisions of Article 34 of
the New York State Environmental Conservation Law and § 10
of the Municipal Home Rule Law, the Incorporated Village of Bayville,
County of Nassau, State of New York, hereby enacts, by Local Law No.
3 of 1992, this chapter.
This chapter shall be known and may be cited
as "The Incorporated Village of Bayville Coastal Erosion Hazard Area
Law."
This chapter shall take effect on the date of
this chapter's adoption and filing pursuant to § 27 of the
Municipal Home Rule Law, or the date of filing of the official maps,
whichever is later.
The following terms used in this chapter have
meaning indicated unless the context clearly requires otherwise:
ADMINISTRATOR
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in §
20-29.
BEACH
The zone of unconsolidated earth that extends landward from
the mean low water line to the waterward toe of a dune or bluff, whichever
is the most waterward. When no dune or bluff exists landward of a
beach, the landward limit of the beach is 100 feet landward from the
place where there is a marked change in material or physiographic
form or from the line of permanent vegetation, whichever is most waterward.
Shorelands subject to seasonal or more frequent outwash or inundation
are considered to be beaches.
BLUFF
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or body of water. The waterward limit of a bluff
is the landward limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean
low water. The landward limit is 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The point of inflection is that point along the top of
the bluff where the trend of the land slope changes to begin its descent
to the shoreline).
CASUAL PURPOSES
Purposes other than clamming, digging for bait worms, research
or engineering, or erosion control or correction efforts; especially
for throwing into the water to make a splash.
COASTAL EROSION HAZARD AREA MAP
The final map and any amendments thereto issued by the Commissioner
of the New York State Department of Environmental Conservation, which
delineates boundaries of coastal erosion hazard areas subject to regulation
under this law.
COASTLINE AND COASTAL WATERS
The land adjacent to the Village's coastal waters is the
coastline. Coastal waters are Long Island Sound, Oyster Bay, Mill
Neck Bay and Creek, Oak Neck Creek and connecting water bodies, bays,
harbors, shallows and marshes.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
DUNE
A ridge or hill of loose, windblown or artificially placed
earth the principal component of which is sand.
EROSION
The loss or displacement of land along the coastline due
to action of waves, currents, wind-driven water, waterborne ice or
other impacts of storms. It also means the loss or displacement of
land due to the action of wind, runoff of surface waters or groundwaters
or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area
or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater or artificial beach
nourishment project.
EXISTING STRUCTURE
A structure and appurtenances in existence, or one where
construction has commenced, or one where construction has not begun
but for which a building permit has been issued prior to the effective
date of this chapter.
GRADING
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
HIGH MARSH AREA
From neap tide mark to highest spring tide zone, usually
containing Spartina patens, Distichlis spicata and Juncus Gerardi.
LOOSENING OF STONES
Removal of rocks or stones or other material from the compacted
surface or sediment strata of the shoreline soil, especially so as
to leave a void or hole in the surface.
LOW MARSH AREA
The intertidal region from mean sea level to upper neap tide,
usually containing Spartina alterniflora.
MAJOR ADDITION
An addition to a structure resulting in a 25% or greater
increase in the ground area coverage of the structure other than an
erosion protection structure or a pier, dock or wharf. The increase
will be calculated as the ground area coverage to be added, including
any additions previously constructed under a coastal erosion management
permit, divided by the ground area coverage of the existing structure
as defined in "existing structure."
MEAN LOW WATER MARK
The approximate average low water level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
MOVABLE STRUCTURE
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use. Mobile homes and structures
built on skids or piles and not having a permanent foundation are
examples of movable structures.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, primary dune, secondary dune
or marsh and their vegetation, including wetlands.
NATURAL PROTECTIVE FEATURE AREA
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosion or high water or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
NEARSHORE AREA
Those lands under water beginning at the mean low water line
and extending waterward in a direction perpendicular to the shoreline
to a point where mean low water depth is 15 feet or to a horizontal
distance of 1,000 feet from the mean low water line, whichever is
greater.
NORMAL MAINTENANCE
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of a functioning structure. A functioning structure is one which is
fully performing as originally designed at the time normal maintenance
is scheduled to begin. Normal maintenance of a structure does not
require a coastal erosion management permit.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNE
The most waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally one or more relatively
small dune formations exist waterward of the primary dune. These smaller
formations will be considered to be a part of the primary dune for
the purposes of this chapter. The waterward limit of a primary dune
is the landward limit of its fronting beach. The landward limit of
the primary dune is 25 feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion, or, in cases where
there is no discernible line of active erosion, it is the most waterward
line of permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement
of a structure or major addition to a structure or any action or use
of land which materially alters the condition of land, including grading,
excavating, dumping, mining, dredging, filling or other disturbance
of soil.
RESTORATION
The reconstruction without modification of a structure; the
cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modifications, however,
may be allowed if they do not exceed preexisting size limits and are
intended to mitigate impacts to natural protective features and other
natural resources.
SECONDARY DUNE
The major dune immediately landward of the primary dune.
The waterward limit of a secondary dune is the landward limit of its
fronting primary dune. The landward limit of a secondary dune is 25
feet landward of its landward toe.
SHORING UP
Emplacing stone riprap or concrete or wooden or other cribbing
material along the shoreline to combat erosion.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population; support rare
or endangered species; are found at a very low frequency within a
geographic area; support fish or wildlife populations having significant
commercial or recreational value; or that would be difficult or impossible
to replace or are listed by the NYS Department of State and Environmental
Conservation as significant fish and wildlife habitat.
STEEPENING
Increasing the gradient or slope significantly or by 30%
or more.
STRUCTURAL HAZARD AREA
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate
of one foot or more per year. The inland boundary of a structural
hazard area is calculated by starting at the landward limit of the
fronting natural protective feature and measuring along a line perpendicular
to the shoreline a horizontal distance landward which is 40 times
the long-term average annual recession rate.
STRUCTURE
Any object constructed, installed or placed in, on or under
land or water, including but not limited to a building; permanent
shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission or collection system; tanks;
docks; piers; wharves; groins; jetties; seawalls; bulkheads; breakwaters;
revetments; artificial beach nourishment; or any addition to or alteration
of the same.
TOE
The lowest surface point on a slope face of a dune or bluff.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter
include but are not limited to elevated walkways or stairways constructed
solely for pedestrian use and built by an individual property owner
for the limited purpose of providing noncommercial access to the beach;
docks, piers, wharves or structures built on floats, columns, open
timber piles or other similar openwork supports with a top surface
area of less than 200 square feet or which are removed in the fall
of each year; normal beach grooming or cleanup; maintenance of structures
when normal and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas, in order to
maintain or increase the height and width of dunes; routine agricultural
operations, including cultivation or harvesting and the implementation
of practices recommended in a soil and water conservation plan as
defined in § 3(12) of the Soil and Water Conservation Districts
Law; provided, however, that agricultural operations and implementation
of practices will not be construed to include any activity that involves
the construction or placement of a structure.
VEGETATION
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the coastal erosion hazard area.
WETLANDS
Defined by 6 NYCRR Part 661.4(hh).
The Coastal Erosion Hazard Area is hereby established
to classify land and water areas within the Incorporated Village of
Bayville, based upon the shoreline recession rates of the location
of natural protective features. The boundaries of the area are established
on the final map prepared by the New York State Department of Environmental
Conservation under § 34-0104 of the New York State Environmental
Conservation Law and entitled, "Coastal Erosion Hazard Area Map of
the Incorporated Village of Bayville," including all amendments made
thereto by the Commissioner of the New York State Department of Environmental
Conservation pursuant to § 34-0104 of the New York State
Environmental Conservation Law and on the Supplementary Map of Erosion
Control on Bayville's Bay Shorefront, adopted by the Village, showing
regulated lands lying between mean high water and the indicated and
here defined inland limit. Such bayside inland limit shall be 50 feet
inland from mean high water or from the landward edge of any intertidal
wetlands as defined under 6 NYCRR Part 661, whichever is more landward,
but shall not extend inland beyond the ten-foot elevation above mean
sea level or beyond building structures or rights-of-way improved
by grading or paving. Sea walls, bulkheads, riprap or any other erosion
protection structures shall be within the regulated area, and their
presence shall not define or establish the landward limit of the regulated
erosion control area.
No person may engage in any regulated activity, defined in §
20-6, in an erosion hazard area as depicted on the Coastal Erosion Hazard Areas Map of the Incorporated Village of Bayville, as amended, and within the Bayside Erosion Control Area designated in §
20-7 above and shown on the Supplementary Map of Erosion Control Areas of Bayville's Bay Shore Front without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities defined in §
20-6 of this chapter.
A coastal erosion management permit will be
issued only with a finding by the administrator that the proposed
regulated activity:
A. Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion
at the proposed site and in other locations.
C. Prevents, if possible, or minimizes adverse effects
on natural protective features and their functions and protective
values, existing erosion protection structures and natural resources.
D. Does not cause or exacerbate erosion onto the adjacent
tidal wetland beaches.
E. Provides adequate measures to mitigate the effects
of erosion produced in the course of any development or construction
adjacent or proximate to tidal wetlands, particularly those areas
containing low marsh or high marsh vegetation in a bay.
F. Provides plantings and other nonstructural devices
to combat erosion.
G. Does not increase the gradient of slopes exceeding
20%, along the shore, by more than 30% or beyond the angle of repose,
for development or construction purposes. This provision does not
prohibit slope changes involved in the emplacement of seawalls at
developed sites.
The following restrictions will apply to regulated
activities within structural hazard areas, if any such areas are identified
or defined within Bayville.
A. A coastal erosion management permit is required for
the installation of public service distribution, transmission or collection
system for gas, electricity, water or wastewater. Systems installed
along the shoreline must be located landward of the shoreline structures.
B. The construction of nonmovable structures or placement
of major nonmovable additions to an existing structure is prohibited.
C. Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at the
time the structure is moved. Below-grade footings will be allowed
if satisfactory provisions are made for their removal.
D. No movable structure may be located closer to the
landward limit of a bluff than 25 feet.
E. No movable structure may be placed or constructed
such that, according to accepted engineering practice, its weight
places excessive groundloading on a bluff.
F. Plans for landward relocation of movable structures
must be included with each application for a permit. Movable structures
which have been located within a structural hazard area pursuant to
a coastal erosion management permit must be removed before any part
of the structure is within 10 feet of the receding edge. The last
owner of record, as shown on the latest assessment roll, is responsible
for moving that structure and its foundation, unless a removal agreement
was attached to the original coastal erosion management permit. With
the attachment of a removal agreement to the coastal erosion management
permit, the landowner or the signatory is responsible for the landward
relocation of movable structures. Removal agreements may be made when
the last owner of record and the owner of the structure are different
with the approval of the Village at the time the permit is issued.
G. Debris from structural damage which might occur as
a result of sudden unanticipated bluff edge failure, dune migration
or wave or ice action must be removed within 60 days of the damaging
event.
H. Any grading, excavation or other soil disturbance
conducted within a structural hazard area must not direct surface
water runoff over a bluff face.
Bluffs protect shorelands and coastal developments
by absorbing the often destructive energy of open water. Bluffs are
a source of depositional material for beaches and other unconsolidated
natural protective features.
A. The following activities are prohibited on bluffs:
(1) Excavating or mining except when in conjunction with
conditions stated in a coastal erosion management permit issued for
minor alterations in construction of an erosion protection structure
or for provision of shoreline access.
(2) The restrictions of §
20-16, Traffic control, apply to bluffs.
(3) All development unless specifically allowed by Subsection
B of this section.
(4) Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife management
activity approved, in writing, by the Department of Environmental
Conservation.
(5) Soil disturbance that directs surface water runoff
over a bluff face.
(6) Steepening of bluffs and other slopes along the shore
for construction or development purposes shall not increase, by more
than 20% or beyond the angle of repose, the gradient of slopes presently
exceeding 20%. This provision does not prohibit slope changes involved
in the emplacement of seawalls at developed sites.
(7) Use of motorized recreation vehicles, including trail
bikes and four-wheel-drive vehicles.
B. Activities specifically allowed on bluffs shall be
as follows:
(1) Minor alteration on a bluff done in accordance with
conditions stated in a coastal erosion management permit issued for
new construction, modification or restoration of an erosion protection
structure.
(2) Bluff cuts done in accordance with conditions stated
in a coastal erosion management permit issued for the provision of
shoreline access, where:
(a)
The cut is made in a direction perpendicular
to the shoreline.
(b)
Ramp slope may not exceed one to six.
(c)
Side slopes may not exceed one to three, unless
terraced or otherwise structurally stabilized.
(d)
Side slopes and other disturbed nonroadway areas
must be stabilized with vegetation or other approved physical means.
(e)
The complete roadway must be stabilized and
drainage provided for.
C. Actions defined as unregulated activities under §
20-6 shall not be regulated under this section.
The following requirements apply to the construction,
modification or restoration of erosion protection structures:
A. The construction, modification or restoration of erosion
protection structures must:
(1) Not be likely to cause a measurable increase in erosion
at the development site or other locations.
(2) Minimize and, if possible, prevent adverse effects
upon natural protective features, existing erosion protection structures
and natural resources such as significant fish and wildlife habitats.
B. All erosion protection structures must be designed
and constructed according to generally accepted engineering principles
which have demonstrated success or where sufficient data is not currently
available, a likelihood of success in controlling long-term erosion.
The protective measures must have a reasonable probability of controlling
erosion on the immediate site for at least 30 years.
C. All materials used in such structures must be durable
and capable of withstanding inundation, wave impacts, weathering and
other effects of storm conditions for a minimum of 30 years. Individual
working components may have a working life of less than 30 years only
when a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
D. A long-term maintenance program must be included with
every permit application of construction, modification or restoration
of an erosion protection structure. The maintenance program must include
specifications for normal maintenance of degradable materials. To
assure compliance with the proposed maintenance programs, a bond may
be required.
E. Gabion construction is not to be employed in permitted
seawalls.
The requirements of this chapter do not apply
to emergency activities that are necessary to protect public health,
safety or welfare, including preventing damage to natural resources.
Whenever emergency activities are undertaken, damage to natural protective
features and other natural resources must be prevented, if possible,
or minimized.
The administrator must be notified by the person
responsible for taking the emergency measures within two working days
from the commencement of an emergency measure and a description of
the problem and activities provided. The description must be in written
form, outline the public health or safety or resource for which protection
was sought and relate the measures which were taken to secure the
protection.
If the administrator determines that a regulated
activity has been undertaken without a coastal erosion management
permit and does not meet the emergency activity criteria, then the
administrator will order the immediate cessation of the activity.
In addition, the administrator may require:
A. Removal of any structure that was constructed or placed
without a coastal erosion management permit.
B. The return to former conditions of any natural protective
feature that was excavated, mined or otherwise disturbed without a
coastal erosion management permit.
Strict application of the standards and restrictions
of this chapter may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified, provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
B. All responsible means and measures to mitigate adverse
impacts on natural systems and their functions and values have been
incorporated into the activity's design at the property owner's expense.
C. The development will be reasonably safe from flood
and erosion damage.
D. The variance requested is the minimum necessary to
overcome the practical difficulty or hardship which was the basis
for the requested variance.
E. Where public funds are utilized, the public benefits
must clearly outweigh the long-term adverse effects.
Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of §
20-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance requested must be accompanied
by the required fee or fees as established by the Village's legislative
body under separate resolution.
Any construction activity allowed by a variance
granted by the Coastal Erosion Hazard Board of Review must be completed
within one year from the date of approval or approval with modifications
or conditions. Variances expire at the end of this one-year period
without further hearing or action by the Coastal Erosion Hazard Board
of Review.
The Bayville Environmental Conservation Commission
is hereby designated as the Coastal Erosion Hazard Board of Review
and has the authority to:
A. Hear, approve, approve with modification or deny requests
for variances or other form of relief from the requirements of this
chapter.
B. Hear and decide appeals where it is alleged that there
is an error in any order, requirement, decision or determination made
by the administrator in the enforcement of this chapter, including
any order requiring an alleged violator to stop, cease and desist.
The Coastal Erosion Hazard Board of Review may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination of the administrator, including stop and desist orders.
Notice of such decision will forthwith be given to all parties in
interest. The rules and procedures for filing appeals are as follows:
A. Appeals must be filed with the Village Clerk-Treasurer
within 30 days of the date of the adverse decision.
B. All appeals made to the Coastal Erosion Hazard Board
of Review must be in writing on standard forms prescribed by the Board.
The Board will transmit a copy to the Commissioner of the New York
State Department of Environmental Conservation for his information.
C. All appeals must refer to the specific provisions
of this chapter involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the appellant
claims.
Any person or persons jointly or severally aggrieved
by a decision of the Coastal Erosion Hazard Board of Review or any
officer, department, Board or Bureau of the Village may apply to the
Supreme Court for review by a proceeding under Article 78 of the Civil
Practice Law and Rules.
A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§
20-9), restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A. The application for a coastal erosion management permit
must be made upon the form provided by the administrator and must
include the following minimum information:
(1) A description of the proposed activity.
(2) A map drawn to scale no smaller than one to 24,000,
showing the location of the proposed activity.
(3) Any additional information the administrator may require
to properly evaluate the proposed activity.
B. Each application for a coastal erosion management
permit must be accompanied by the required fee or fees as established
by the Village's legislative body under separate resolution.
C. Permits will be issued by and bear the name and signature
of the administrator and will specify the:
(1) Activity or operation for which the permit is issued.
(2) Address or location where the activity or operation
is to be conducted.
(3) Name and address of the permittee.
(4) Permit number and date of issuance.
(5) Period of permit validity. If not otherwise specified,
the permit will expire one year from the date of issuance.
(6) The terms and conditions of the approval.
D. When more than one coastal erosion management permit
is required for the same property or premises under this chapter,
a single permit may be issued listing all the activities permitted
and any conditions, restrictions or bonding requirements. Revocation
of a portion or portions of such consolidated permits will not invalidate
the remainder.
E. A coastal erosion management permit may be issued
with such terms and conditions as are necessary to ensure compliance
with the policies and provisions of Article 34 of the Environmental
Conservation Law, the Coastal Erosion Management Regulations implementing
Article 34 (6 NYCRR Part 505) and the laws and policies of the Village.
F. When an application is made for a coastal erosion
management permit, variance thereto or other form of approval required
by this chapter and such activity is subject to other permit, variance,
hearing or application procedures required by another federal, state
or local law or ordinance, the Zoning Enforcement Officer shall, at
the request of the applicant, consolidate and coordinate the application,
permit, variance and hearing procedures as required by each regulatory
agency into a single, comprehensive hearing and review procedure.
However, nothing contained in this section shall be deemed to limit
or restrict any regulatory agencies, which are properly a party to
such a consolidated review proceeding, from the independent exercise
of such discretionary authority with respect to the issuance, denial
or modification of such permits, variances or other forms of approval
as they may gave been granted by law.
The Village may require a bond or other form
of financial security. Such bond or security must be in an amount,
with such surety and conditions as are satisfactory to the Village
so as to ensure compliance with the terms and conditions stated in
the coastal erosion management permit.
The authority for administering this chapter
is hereby conferred upon the Village Building Inspector as administrator.
The authority for enforcing this chapter is hereby conferred upon
the Village Building Inspector as administrator, assisted by the Village
Environmental Enforcement Officer. The administrator has the powers
and duties to:
A. Apply the regulations, restrictions and standards
or other provisions of this chapter.
B. Explain to the applicant the map which designates
the land and water areas subject to regulation and advise applicants
of the standards, restrictions and requirements of this chapter.
C. Review and take appropriate actions on completed applications.
D. Issue and sign all approved permits.
E. Transmit written notice of violations to property
owners or to other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
H. Serve as the primary liaison with the New York State
Department of Environmental Conservation.
I. Keep official records of all permits, inspections,
inspection reports, recommendations, actions of the Coastal Erosion
Hazard Board of Review and any other reports or communications relative
to this chapter or request for information from the New York State
Department of Environmental Conservation.
J. Perform normal and customary administrative functions
required by the Village relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York State Environmental Conservation Law
(6 NYCRR Part 505) and this chapter.
K. Have, in addition, powers and duties as are established
in or reasonably implied from this chapter as are necessary to achieve
its stated purpose.
The provisions, regulations, procedures and
standards of this chapter will be held to be the minimum requirements
necessary to carry out the purposes of this chapter.
The provisions of this chapter will take precedence
over any other laws, ordinances or codes in effect in the Village
to the extent that the provisions of this chapter are more stringent
than such other local laws, ordinances or codes. A coastal erosion
management permit issued pursuant to this chapter does not relieve
the permit applicant from the responsibility of obtaining other permits
or approvals as may be necessary, nor does it convey any rights or
interest in real property.
All regulated activities are subject to the
review procedures required by New York State Environmental Quality
Review Act (SEQRA), Article 8 of the New York State Environmental
Conservation Law. The applicant may be required to submit information
necessary for compliance with SEQR in addition to information required
under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A violation of this chapter is hereby declared
to be an offense punishable by a fine not exceeding $500 or imprisonment
for a period not to exceed 15 days, or both. Each day's continued
violation of this chapter will constitute a separate additional violation.
Nothing herein will prevent the proper local authorities of the Village
of Bayville from taking such other lawful actions or proceedings as
may be necessary to restrain, correct or abate any violation of this
chapter.
After enactment, the amendment must be sent
to the Commissioner of Environmental Conservation for certification.
After an amendment to this chapter has been
initially reviewed and found to be in conformance by the Commissioner
of the New York State Department of Environmental Conservation; completed
the public hearing process and intergovernmental review; been finally
approved and adopted by the Village's legislative body; and been certified
by the Commissioner, the Village Clerk will, as prescribed by § 27
of the Municipal Home Rule Law:
A. Record the amended local law in the Village Clerk's
Minute Book and in the Recorded Book of Local Laws.
B. File the amended local law within five days after
adoption as follows:
(1) One copy in the Village Clerk's office.
(2) One copy in the Office of the State Comptroller.
(3) Three copies in the Office of the Secretary of State.
(4) One copy with the Commissioner of the New York State
Department of Environmental Conservation.