Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 2-11-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 7.
Coastal erosion hazard area — See Ch. 20.
Environmental conservation commission — See Ch. 24.
Environmental quality review — See Ch. 24A.
Flood damage prevention — See Ch. 27.
Zoning — See Ch. 80.

§ 43-1 Title.

This chapter will be known as "The Village of Bayville Open Space Law."

§ 43-2 Authority and purpose.

This chapter is to preserve the existing open spaces in the Village of Bayville in order to achieve the stated goal of the Local Waterfront Revitalization Program (LWRP).
A. 
The stated goal in Section III of the LWRP of Policy 1 is as follows:
Foster a pattern of development in the Long Island Sound coastal area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coast location, and minimizes adverse effects of development.
B. 
The stated goal in Section IV of the LWRP, 4.3.1, is as follows:
Land acquisition for park development and other uses is one way to achieve many of the goals of the LWRP. Some of the policies and goals that can be accomplished through land acquisition include preservation of open spaces to enhance and maintain community character.

§ 43-3 Findings of fact.

After careful deliberation the Board of Trustees of the Village of Bayville has determined that the maintenance of the Village's existing open spaces is an important community and natural resource which should be preserved and protected for current and future residents of the Village. The Board of Trustees has found that the Village's current Zoning Code does not contain legislation which will accomplish this aim. Under the current Zoning Code significant portions of the Village's open spaces are zoned for various forms of use which may be incompatible with this goal or are unzoned. The Board of Trustees has determined that formally adapting the resolutions and/or local laws is necessary to maintain the open spaces within the Village and to protect the health and safety of the residents of the Village of Bayville.

§ 43-4 Legislative intent.

A. 
The Board of Trustees of the Village of Bayville finds that it is in the interests of the health, safety and general welfare of the Village to provide for open space in order to implement and accomplish the stated policies and goals of the LWRP.
B. 
The Village of Bayville has adopted a floodplain management plan to help protect its residents during flooding conditions and to alleviate flooding problems.[1]
[1]
Editor's Note: See Ch. 27, Flood Damage Prevention.

§ 43-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OPEN SPACES
Those municipally owned open space areas of the Village of Bayville which are undeveloped and have meaningful scenic, ecological, environmental, historic and/or recreational characteristics which enhance the uniqueness of the waterfront aspects of the Village of Bayville which the Board of Trustees intends to preserve in their current condition as open space in perpetuity.

§ 43-6 Zoning Map amendment.

To accomplish the aforesaid goals, the Board of Trustees has determined to amend the Code of the Village of Bayville to add the following to § 80-5, Zoning Map; amendments:[1]
The Official Zoning Map of the Village of Bayville, as last amended, is further amended as follows:
Section/Block/Lot
Location
Change
28/19/1-8
17 Ludlam Avenue
From current zoning (or unzoned) to Park District
28/19/26-30
282 Bayville Avenue
From current zoning (or unzoned) to Park District
28G 19
28G 16
West Harbor Drive
From current zoning (or unzoned) to Park District
28/G/32A-32B
West Harbor Drive
From current zoning (or unzoned) to Park District
28G 34 + 35
West Harbor Beach
From current zoning (or unzoned) to Park District
28/13/29
Soundside Beach
From current zoning (or unzoned) to Park District
29D 29-37-38
Wilson Avenue
From current zoning (or unzoned) to Park District
29G 354 + 1000
40 Ludlam Avenue
From current zoning (or unzoned) to Park District
29/D/1069
West of Creek Beach
From current zoning (or unzoned) to Park District
29/93/34
34 School Street Complex
From current zoning (or unzoned) to Park District
28/84/20
88 Bayville Avenue
From current zoning (or unzoned) to Park District
29/77/67
Creek Beach and Creek Marina
From current zoning (or unzoned) to Park District
[1]
Editor's Note: For additional Zoning Map amendments, see Ch. 80, Zoning, § 80-5B. An up-to-date Zoning Map is on file in the Village offices.

§ 43-7 Enforcement.

The Building Inspector shall be responsible for enforcing this chapter. No work or activity on a project in the coastal area which is subject to review under this chapter shall be commenced or undertaken until the Building Inspector has been presented with a written determination from an agency that the action is consistent with the Village's LWRP policy standards and conditions. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Building Inspector shall issue a stop-work order and all work shall immediately cease. No further work or activity shall be undertaken on the project so long as a stop-work order is in effect.

§ 43-8 Penalties for offenses.

A. 
A person who violates any of the provisions of, or who fails to comply with any conditions imposed by, this chapter shall have committed a violation, punishable by a fine not exceeding $1,500 for a conviction of a first offense and punishable by a fine of $2,500 for a conviction of a second or subsequent offenses. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional offense.
B. 
The Village Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty. The Village may also enforce this article by proceeding.
C. 
In addition to the foregoing, any person, firm or corporation who violates any of the provisions of this chapter shall pay to the Village of Bayville the reasonable costs of restoring the aforementioned open space areas to their natural state. Said sum shall also include reasonable attorney's fees and other expenses in connection therewith.