Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 4-1-1975 by L.L. No. 3-1975[1] (Ch. 12 of the 1968 Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 92.
Waterways — See Ch. 278.
Zoning — See Ch. 300.
[1]
Editor's Note: This local law also repealed former Ch. 12, Bulkheading, Dredging and Canals, adopted May 18, 1971, as amended.
[Amended 7-3-1979 by L.L. No. 17-1979]
Because the erection of bulkheading, docks, wharfs and piers into or along natural bodies of water and the dredging of natural bodies of water and the digging of canals extending the flow of natural bodies of water and the filling in of lands along the shoreline and in the tidal wetlands all have ecological consequences, it is hereby declared to be the policy of the Village Board of Sag Harbor to regulate, by permit, whether and to what extent the above activities may be carried out.
Hereafter, no person shall, without a permit obtained from the Sag Harbor Village Trustees:
A. 
Erect any bulkheading, docks, wharfs or piers into or along the shoreline of any natural body of water or along any shoreline altered by excavation, fill or otherwise.
[Amended 7-3-1979 by L.L. No. 17-1979]
B. 
Dig canals, boat basins or ramps in any lands within the Village limits which will connect with bodies of salt water.
C. 
Dredge or fill along the shoreline or in the tidal wetlands of the Village of Sag Harbor, as the term "tidal wetland" is or shall be defined in the Environmental Conservation Law of the State of New York.
[Amended 7-3-1979 by L.L. No. 17-1979]
Such permit shall be applied for on forms to be supplied by the Village and shall be accompanied by a recent survey prepared by a surveyor licensed by the State of New York showing the work proposed. Upon demand by the Village, the applicant may also be required to furnish a topographical survey.
Such application shall be accompanied by an application fee as shall be set from time to time by a resolution by the Board of Trustees.
Such application shall be acted upon after a public hearing to be held within 30 days after the filing of the application.
A. 
The following factors shall govern the Village Board in its determination as to the granting or not of such applications:
(1) 
No application shall be granted which shall materially contribute to the erosion of the shoreline of the Village.
(2) 
No such activity shall be permitted which would materially cause salt water intrusion into the water table serving the Sag Harbor Village.
(3) 
No such activity shall be permitted which will create unreasonable traffic upon the water along the Village shoreline.
(4) 
No such application shall be granted which will unduly disturb the health and safety of persons walking along the beaches of the Village.
(5) 
No activity shall be permitted which will adversely affect marine life in wetland areas. An opinion by the New York State Department of Environmental Conservation shall be requested on this factor and, if obtained, shall be considered by the Board.
B. 
All persons may appear in person or by attorney to be heard at such public hearing.
A. 
Any person who engages without a permit in any of the operations included in § 107-2 herein in violation of this chapter shall be guilty of a misdemeanor punishable by a fine not exceeding $250 or imprisonment not exceeding six months, or both. Each week's continued violation shall constitute a separate additional violation.
B. 
Further, any such person shall also be liable to the Village for the full cost of restoration of the affected shoreline or tidal wetland to its condition prior to such violation insofar as that is possible. The court shall specify a reasonable time for the completion of the restoration which shall be done under the supervision of the Board of Trustees.
Notwithstanding anything in the foregoing, if, upon presentation of an application under this chapter, it appears to the Board of Trustees in its sole discretion that the work to be done thereunder consists exclusively of maintenance dredging or maintenance bulkheading to restore that which had previously existed, then the Board may waive the requirement for the public hearing as aforesaid and issue a permit for such maintenance dredging or maintenance bulkheading for a fee for such maintenance work as shall be set by resolution of the Board of Trustees from time to time.