[Amended 11-16-1990 by L.L. No. 6-1990]
No owner of property in the Village of Quogue nor his agent,
employee, contractor, licensee, tenant or any person acting under
authority of any of the foregoing persons shall deposit or permit
the deposit of sand, sludge or other material obtained by dredging
the bottom of any body of water, natural or man-made (hereinafter
referred to as "wet fill"), upon land in the Village of Quogue, without
first having applied for and obtained a permit therefor from the Board
of Trustees. 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 obtained from the Board of Trustees.
Before granting such permit, the Board of Trustees shall determine
that the deposit of such wet fill upon land in the Village of Quogue
will not be detrimental to the public health, safety or general welfare.
For the purpose of making such determination, the Board of Trustees
shall require the applicant to furnish such technical data as it deems
necessary to determine the nature of the material to be deposited,
the quantity thereof and its properties and to require the applicant
to submit his plans to stabilize or treat such material so that, when
dry, dust or silt will not blow from the premises, and to otherwise
prevent the material from creating a nuisance.
The Board of Trustees may require the applicant to furnish a
surety company performance bond for such amount and for such a term
as it deems necessary to ensure the performance of the proposed stabilization
or treatment plans of the applicant.
[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 chapter
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 chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B. For each and every violation of this chapter, 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 chapter shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.