[HISTORY: Adopted by the Board of Trustees of the Village of Quogue as indicated in article histories. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 73.
Bulkheads and docks — See Ch. 77.
Coastal erosion hazard areas — See Ch. 80.
Environmental quality review — See Ch. 87.
Flood damage prevention — See Ch. 95.
Parks, waterways and recreation — See Ch. 118.
Stormwater management and erosion and sediment control — See Ch. 155.
Wet fill — See Ch. 180.
Wetlands preserve — See Ch. 184.
Zoning — See Ch. 196.
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.
[Amended 2-16-1968; 6-17-1981 by L.L. No. 5-1981]
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.
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]
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.
No person, firm, partnership, association or corporation shall walk on, over or along or drive any animal or vehicle, up, over or along the sand dune or any portion of the north or south slope thereof, except by the use of a stile, steps, walkway or other device which is sufficient to protect the said slopes or sand dune from any damage or change by reason of such use.
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.
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]
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.
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]
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.
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.
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.
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.
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.
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.
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]
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.
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.
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.
The Board of Trustees may from time to time by resolution amend the above Village specifications for dune vegetation within the dune area.
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.
Village specifications for sand fencing along and near the seaward toe of the dune are as follows:
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.
All deposition areas will be fenced within 10 days of the deposition portion of the project.
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.
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.
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.
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]
Violations of the provisions of § 146-12 may also be enforced in accordance with the following provisions:
The Board of Trustees may direct that written notice be served upon the owner of the property involved to the following effect:
Requiring the owner to correct the violation on or before a specified date.
Specifying the work necessary in order to correct the violation.
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.
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.
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.