[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: The title of this chapter was specifically
amended to read as such by L.L. No. 1-1999, adopted 4-16-1999.
[Adopted 5-20-1939 by Ord. No. 19; amended in its entirety 12-15-1967]
[Amended 2-16-1968; 6-17-1981 by L.L. No. 5-1981; 3-20-1987 by L.L. No. 1-1987; 11-16-1990 by L.L. No.
6-1990]
No person, firm, partnership, association or corporation, nor
any agent or employee thereof, shall at any time move or cause to
be moved from one location to another any sand or portion of the land
lying between Dune Road and the Atlantic Ocean on the south and between
Dune Road and Quogue Canal, Quantuck Bay and Shinnecock Bay on the
north or place any sand, dirt or other material commonly known as
"fill" thereon without first having secured a written permit to do
so from the Board of Trustees of the Village of Quogue, New York.
Each application for such permit shall be reviewed by a committee
of the Board, consisting of the Mayor and one Trustee. Such committee
may either grant such permit or refer such application to the full
Board for consideration; if granted by such committee, such permit
shall constitute a permit secured from the Board of Trustees.[1]
[Amended 2-16-1968; 6-17-1981 by L.L. No. 5-1981]
A.
Applications for permits shall be in such form as may be prescribed
by the Board of Trustees and shall be accompanied by a plot plan on
which is indicated the location of the plot, the exact location and
area from and to which it is proposed to move the sand or portion
of land or place fill and the amount to be moved. No fee shall be
required in connection with such application.
B.
Such permit shall be granted by the Board of Trustees unless it is
found that the moving of said sand or portion of land or placing of
fill shall not be in accord with the public health, safety or interest.
[Amended 3-20-1987 by L.L. No. 1-1987]
C.
Each application
for a permit to move sand or fill or other permit authorized under
this chapter must be accompanied by a fee or fees established by the
Board of Trustees under a separate resolution.
[Added 5-19-2023 by L.L. No. 3-2023]
The provisions of this article shall not apply to the excavation
of a foundation for the construction of a main residence dwelling
for which a valid permit has been issued by the Zoning Administrator.
[Amended 8-21-2020]
The design specifications for newly constructed or rebuilt residential
elevated walkways to a body of water are amended as follows:
A.
Decking on walkways above wetland areas shall be designed to allow
passage of light and air to the wetlands below.
B.
Walkways shall be a maximum of four feet in width.
C.
Decking shall be not more than 2 1/2 feet above grade unless
a greater clearance is required by the DEC or another agency for environmental
reasons.
D.
There shall be no handrails in areas of the walkway above land and
marsh areas that do not exceed 2 1/2 feet above grade. In other
areas of the walkway, handrails may be permitted if they will be consistent
with conditions in the surrounding area and will not materially impair
views from the surrounding area.
E.
Any lighting shall be low voltage and downward facing and designed
to avoid light intrusion onto other properties.
F.
Building materials shall comply with requirements of the DEC and
other regulatory agencies.
Each person, firm, partnership, association or corporation who
or which owns property improved by a structure on the south side of
Dune Road or owns property on the south side of Dune Road which is
burdened or encumbered with an easement or right-of-way over said
property from Dune Road to the southerly limits of the property shall
erect or construct and at all times maintain a stile, steps or walkway
or other device over the sand dune and the north and south slopes
thereof. In the case of property which is so burdened or encumbered
with an easement or right-of-way, the stile, steps or walkway shall
be erected and maintained over that portion of the sand dune and the
north and south slopes thereof which is subject to such easement or
right-of-way.
[1]
Editor's Note: Former § 146-6, General limitations on use by vehicles, added 11-21-1969, § 146-7, Proper operation of vehicles, driver's insurance and license, added 12-15-1972, and § 146-8, Vehicular speed limit, added 12-15-1972, were repealed, as amended, 7-19-1991 by L.L. No. 4-1991. See now Ch. 118, Parks, Waterways and Recreation, Art. V, Use of Ocean Beach Area.
[Amended 3-20-1987 by L.L. No. 1-1987; 7-3-2003 by L.L. No. 2-2003]
A.
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B.
For each and every violation of this article, the person or persons
responsible for, causing, permitting, assisting in or refusing to
abate or correct such violation shall be subject to a civil penalty
not exceeding $1,000 for each and every such violation. The continuation
of a violation of this article shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
[Adopted 4-16-1999 by L.L. No. 1-1999]
A.
The Board of Trustees completed and accepted a final generic environmental impact statement (GEIS), entitled "Examination of Options to Control Beach Erosion," in the Village of Quogue, on January 16, 1997. Said final GEIS assessed and evaluated potential impacts of erosion protection structures, including long-term and cumulative impacts, reasonable alternatives and necessary prohibitions. Said final GEIS also weighed and balanced relevant environmental impacts with social, economic and other considerations. Said final GEIS also established an order of preference or priority among some alternatives and identified matters for future consideration. The Board of Trustees amended Chapter 80 of the Village Code, entitled "Coastal Erosion Hazard Areas," on July 18, 1997, so as to implement certain provisions identified in said final GEIS.
B.
Said final GEIS identified an important concern involving public
rights with respect to the ocean beach. Although privately owned oceanfront
parcels in the Town of Southampton (including the Village of Quogue)
include fee title to the high-water mark of the Atlantic Ocean, the
ocean beach (land area between the dunes and the Atlantic Ocean) is
subject to a public easement for the benefit of the inhabitants of
the Town of Southampton (including inhabitants of the Village); this
historic easement provides the public with rights to use and enjoy
the ocean beach, including public access to the beach fronting the
Atlantic Ocean. Thus the public rights involved here include not only
public rights under the state "public trust" doctrine with respect
to the area seaward of the high-water mark of the Atlantic Ocean,
but also public rights under the historic public easement with respect
to the ocean beach landward of the high-water mark of the Atlantic
Ocean. The historic public easement has its origin in colonial grants
and was reserved by state legislation.
C.
Thus, concerns with respect to coastal erosion and erosion protection
structures include not only concerns with respect to public safety
(relating to the portion of oceanfront properties landward of the
ocean beach and to other properties landward of oceanfront properties),
but also concerns with respect to public rights (relating to the ocean
beach). Diminution or loss of ocean beach would involve not only diminution
of loss of a natural protective feature, but also diminution or loss
of public rights to use and enjoy the ocean beach.
D.
Said final GEIS identified beach nourishment, sand augmentation,
sand fencing and planting beach grass as alternatives to be considered
in conjunction with natural processes in order to maintain and preserve
the ocean beach and the dunes. The ocean beach management program
established by this article is in furtherance of the foregoing.
E.
The oceanfront along the Atlantic Ocean within the Village consists
of about 14,000 linear feet of ocean beach. Said final GEIS noted
that beach nourishment may not be a practical alternative for individual
owners of oceanfront properties, due to the need to treat a large
section (large as measured in linear feet) of beach. The ocean beach
management program established by this article acknowledges the foregoing
and recognizes the public purpose served by expenditure of public
funds to maintain and preserve the ocean beach for use and enjoyment
by the public pursuant to the public rights provided by the historic
public easement.
A.
The Village shall have power to undertake and engage in a program
of beach nourishment. Beach nourishment shall constitute a public
purpose for which public funds may be expended.
B.
Such program may consist of scraping sand from beach areas and placing
such sand along and near the seaward toe of sand dunes in order to
restore sections of sand dunes along the approximately 14,000 linear
feet of ocean beach within the Village. Such program may consist of
other activities related to the foregoing which are designed to enhance
the foregoing.
[Amended 10-15-1999 by L.L. No. 7-1999]
C.
The Board of Trustees may determine from time to time by budget provision
and by resolution the amount of public funds to be annually expended
for such purpose, the extent of such program to be annually implemented
and the nature and details of such annual implementation.
A.
Each owner of an oceanfront property shall be obligated to provide,
plant and maintain suitable dune vegetation within the dune area in
accordance with Village specifications.
B.
Specifications.
(1)
Village specifications for dune vegetation within the dune area are
as follows: "Cape" American beachgrass shall be planted between October
15 to March 31 in dune areas that were nourished or existing unplanted
dunes. Fresh planting stock shall be used and plants cut back to 16
inches to 18 inches long. Plant two stems seven inches to nine inches
deep and in holes 18 inches apart parallel to the shoreline. Fertilize
at a rate equivalent to 600 pounds of 10-10-10 per acre (1.4 pounds
per 1,000 square feet). Apply 30 days after the planting date, but
not before April 1.
(2)
The Board of Trustees may from time to time by resolution amend the
above Village specifications for dune vegetation within the dune area.
C.
Each owner of an oceanfront property shall be obligated to provide,
install and maintain suitable sand fencing along and near the seaward
toe of the dune in accordance with Village specifications.
D.
Specifications.
(1)
Village specifications for sand fencing along and near the seaward
toe of the dune are as follows:
(a)
Every property on the oceanfront shall have installed sand fencing
by October 1 of 1999 and replaced as needed thereafter. In the event
that the owner does not install fencing as required by October 1,
the Village will install fencing and charge the cost per linear foot
as a lien on the tax bill.
(b)
All deposition areas will be fenced within 10 days of the deposition
portion of the project.
(c)
Sand fencing shall be placed at the base of the seaward side
of the dune in a zig-zag pattern. Standard four-foot wood slatted
fence in sound condition shall be used. The fence should have no broken
wire or missing or broken slats.
(d)
Wood posts, for fence support, should be black locust, red cedar,
white cedar or other wood of equal life or strength. They must not
be chemically treated. The posts should have a minimum length of six
feet and a minimum size of two inches by three inches.
(e)
Four wire or plastic ties should be used to secure the fence
to wood posts. Tie wires should be no smaller than twelve-gauge galvanized
wire. Install the fence so alternate posts will have fence on the
ocean side of them.
(2)
The Board of Trustees may from time to time by resolution amend the
above Village specifications for sand fencing along and near the seaward
toe of the dune.
[Amended 10-15-1999 by L.L. No. 7-1999]
B.
Violations of the provisions of § 146-12 may also be enforced in accordance with the following provisions:
(1)
The Board of Trustees may direct that written notice be served upon
the owner of the property involved to the following effect:
(a)
Requiring the owner to correct the violation on or before a
specified date.
(b)
Specifying the work necessary in order to correct the violation.
(c)
Advising the owner that, upon default in complying with such
requirement, the Village may perform the work necessary in order to
correct the violation, in which event the total cost thereof shall
be assessed against and shall constitute a lien and charge upon said
property until the same is paid.
(2)
Said written notice may be served upon the owner of said property
as shown on the last tax assessment roll by regular mail addressed
to said owner at the address shown on the last tax assessment roll.
Said written notice may be served upon the last known owner of said
property by regular mail addressed to said owner at the last known
address. Said written notice may also be served by certified mail
or by personal service.
(3)
If the owner defaults in complying with the requirement specified
in said written notice, the Board of Trustees may direct that the
work necessary in order to correct the violation be performed by the
Village. In such event, the total cost thereof shall be assessed against
and shall constitute a lien and charge upon said property until the
same is paid, and the total cost thereof shall be added to the Village
tax bill applicable to said property for the next taxable period unless
the same is paid prior thereto.
