[HISTORY: Adopted by the Board of Trustees of the Village of Rouses
Point 9-6-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
It is the purpose of this chapter to promote the protection, order,
safety, health and well-being of persons and property in the Village of Rouses
Point by provisions designed:
For the purpose of this chapter, the following terms shall have the
meanings indicated:
Any space purchased or rented from a marina for the purpose of mooring
a boat.
Road access for Fire Department vehicles at least 25 feet in width.
An area 20 feet in length by nine feet in width adjacent to a parking
lot road.
Any facility comprised of five or more contiguous boat mooring slips.
Classifications of marinas shall be as follows:
EXISTING MARINAAny marina as described by a map and written dimensions (to include the number of boat mooring slips, parking spaces and length and width of all docks and piers stationary or floating) submitted to the Village Clerk for recording, within 30 days of the effective date of this chapter.
EXPANDING MARINAFollowing the effective date of this chapter, any existing marina which materially alters its design from that recorded by the Village Clerk.
NEW MARINAAny marina constructed after the effective date of this chapter.
Any motor vehicle parking lot, located on private property, for use
by boat mooring slip purchasers and/or renters, their guests and invitees.
Road access at least 25 feet in width.
The Village of Rouses Point.
A.
All marinas shall notify the Village Clerk, in writing,
of the number of boat mooring slips which that marina has available for sale
or rent.
B.
In the event of failure of a marina to comply as prescribed
in this section, the Village is authorized to estimate by any reasonable means
the number of boat mooring slips at such marina.
C.
All existing marinas shall have 30 business days from
the effective date of this chapter to provide such notification.
B.
All marinas must provide and maintain, at their own expense,
adequate fire lanes allowing access by appropriate fire-fighting and emergency
personnel and apparatus to all areas of the marina, including but not limited
to marina parking lots and boat mooring slips.
C.
Parking lot roads designated as fire lanes shall be maintained
clean and free of obstructions and passable at all times.
A.
No person shall operate a marina unless a permit has
been issued therefor as provided herein.
B.
Applications for such permits shall be on a form prescribed
by the Village and shall specify the following:
(1)
A description of the premises, including a Clinton County
Clerk's deed reference and a Clinton County Treasurer's Real Estate Tax Map
number.
(2)
The owner and lessee, if any, of the premises, both of
whom shall sign the application.
(3)
A survey of the marina, as prepared by a licensed land
surveyor or professional engineer, including all boat mooring slips, marina
parking lots and buildings on the premises, as well as any structures located
within 100 feet of the boundaries of the marina.
(4)
Copies of all federal, state and local permits.
A.
A public hearing upon each permit application shall be
held by the Board of Trustees.
B.
Notice of such hearing shall be posted at the Village
Office and published once in a newspaper of general circulation in the Village
as the Board of Trustees shall provide.
C.
Said hearing shall be held not less than 30 calendar
days from the date of first publication or posting of notice, whichever occurs
earlier.
D.
The decision of the Board shall be based upon whether
the proposed project is in the overall public interest.
E.
A decision by the Board of Trustees shall be made in
writing, not more than 45 days from the date of the hearing.
Unless another penalty is provided by law, any person committing an
offense against any provision of this chapter shall, upon conviction, be guilty
of a violation pursuant to the Penal Law of the State of New York, punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment, and the withholding of Village
utility services. The continuance of an offense for each day (24 hours) shall
be deemed a distinct and separate violation.
In addition, the Village shall have the authority to avail itself of
any legal or equitable remedy, including but not limited to an injunction.
A.
Any applicant denied approval of his permit application
may apply to the Board of Trustees for a variance.
B.
An application for a variance shall be on a form prescribed
by the Village. A variance may be granted by the Board only in cases where
all factors are considered and the health, safety, comfort and general welfare
and well-being of the Village and the area surrounding the proposed placement
are deemed to be not unduly affected. The Village Board shall also consider
the degree of change from the strict enforcement of the chapter and the variance
sought and if such variance is of such a minor nature so as to be inconsequential
and is compensated by other attributes of the proposed placement.
C.
Notice of the application for a variance shall be posted; and the same hearing procedure shall be followed as required by § 50-6 hereinabove set forth.
D.
Any variance granted by the Village Board shall be conditioned
upon the applicant complying with all the required terms and conditions of
the variance.
If any court of competent jurisdiction shall determine that any portion
of this chapter is invalid for any reason, the remaining portions of the chapter
shall nevertheless be valid and of free force and effect.
