[HISTORY: Adopted by the Board of Trustees of the Village of Quogue 11-15-1985 by L.L. No. 5-1985. Amendments noted where applicable.]
Bulkheads and docks — See Ch. 77.
Environmental quality review — See Ch. 87.
Flood damage prevention — See Ch. 95.
Parks, waterways and recreation — See Ch. 118.
Sand dunes and ocean beach management program — See Ch. 146.
Stormwater management and erosion and sediment control — See Ch. 155.
Wildfowl sanctuary — See Ch. 190.
Zoning — See Ch. 196.
On December 21, 1984, the Board of Trustees of the Village of Quogue designated the area on the north side of Dune Road in the Village of Quogue, bounded on the north by Shinnecock Bay, on the east by the easterly boundary line of the Incorporated Village of Quogue, on the south by Dune Road, and on the west by the westerly boundary line of land of Bergman and Dansker (said land being designated on the Suffolk County Tax Map as District 0902, Section 016, Block 01, Lot 007), as a critical environmental area (CEA), after completing and accepting a final generic environmental impact statement (final GEIS) for said area. The CEA is an area characterized by natural scenic beauty and an area whose existing openness, natural condition and present state of use, if retained, would maintain and enhance the conservation of natural and scenic resources. The CEA is the last significant area of land in the Village characterized by open space and wetlands, and it is the only such area within view of the public from Dune Road. The natural setting of the CEA, including its open space aesthetic quality (within view of the public from Dune Road), its wetlands vegetation (which includes four distinct and separate environments, namely intertidal marsh, high marsh, spoil area and beach where the transitional stages of plant life from one to the other are beautifully illustrated) and its wildlife habitat (which includes black ducks, short-eared owls, red-winged blackbirds, hawks and other species) makes the CEA unique in the Village of Quogue.
The acquisition of real property for the preservation of open spaces and areas such as land within the CEA is a valid public purpose recognized by § 247 of the General Municipal Law. Creation of a Village wetlands preserve covering land within the CEA donated to or owned by the Village for preservation purposes would facilitate accomplishing the goal identified in the final GEIS; preserving the CEA in its present state to the extent practicable.
There is hereby created a Village of Quogue Wetlands Preserve.
The Village Wetlands Preserve shall consist of any and all land within said critical environmental area acquired by the Village of Quogue subsequent to December 21, 1984 (whether now owned by the Village or hereafter acquired by the Village), after a public hearing pursuant to § 247 of the General Municipal Law.
Any land within said critical environmental area acquired by the Village of Quogue prior to December 21, 1984, may be added to and included in the Village Wetlands Preserve by a designating resolution of the Village Board of Trustees adopted after a public hearing.
The Village of Quogue may not sell, transfer or convey any land in the Village Wetlands Preserve, except upon the adoption by a majority plus one of the Village Board of Trustees of a local law authorizing such sale, transfer or conveyance, which local law shall be subject to a mandatory referendum of the electors of the Village of Quogue.
Any and all land in the Village Wetlands Preserve shall remain in its natural state, except for any protective structures or facilities which the Village Board of Trustees may determine to be necessary to promote the purposes of the Preserve.
Any and all land in the Village Wetlands Preserve shall be used only for the following uses: passive recreational or educational uses, such as bird and waterfowl watching, nature photography, and educational or research projects; conservational uses, such as open space and wetlands; similar uses which the Village Board of Trustees may determine to be consistent with the purposes of the Preserve.
Land in the Village Wetlands Preserve shall not be used for active recreational use, such as recreational use involving substantial improvements, structures, impervious surfaces or other alteration of the natural state.
Use of land in the Village Wetlands Preserve shall be subject to the following additional restrictions:
[Added 4-19-2001 by L.L. No. 2-2001]
[Amended 4-19-2001 by L.L. No. 2-2001]
Parking at the Village Wetlands Preserve shall be limited to the designated parking area. No person shall park a vehicle for longer than two hours.
The Village Board of Trustees may hereafter adopt by resolution rules and regulations pertaining to the use of land in the Village Wetlands Preserve. A violation of such rules and regulations shall constitute a violation of this chapter.
[Amended 7-3-2003 by L.L. No. 2-2003]
Any person committing a violation 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.
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.