[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 2-11-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
This chapter will be known as "The Village of Bayville Open Space Law."
This chapter is to preserve the existing open spaces in the Village
of Bayville in order to achieve the stated goal of the Local Waterfront Revitalization
Program (LWRP).
A.
The stated goal in Section III of the LWRP of Policy
1 is as follows:
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Foster a pattern of development in the Long Island Sound coastal area
that enhances community character, preserves open space, makes efficient use
of infrastructure, makes beneficial use of a coast location, and minimizes
adverse effects of development.
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B.
The stated goal in Section IV of the LWRP, 4.3.1, is
as follows:
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Land acquisition for park development and other uses is one way to achieve
many of the goals of the LWRP. Some of the policies and goals that can be
accomplished through land acquisition include preservation of open spaces
to enhance and maintain community character.
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After careful deliberation the Board of Trustees of the Village of Bayville
has determined that the maintenance of the Village's existing open spaces
is an important community and natural resource which should be preserved and
protected for current and future residents of the Village. The Board of Trustees
has found that the Village's current Zoning Code does not contain legislation
which will accomplish this aim. Under the current Zoning Code significant
portions of the Village's open spaces are zoned for various forms of use which
may be incompatible with this goal or are unzoned. The Board of Trustees has
determined that formally adapting the resolutions and/or local laws is necessary
to maintain the open spaces within the Village and to protect the health and
safety of the residents of the Village of Bayville.
A.
The Board of Trustees of the Village of Bayville finds
that it is in the interests of the health, safety and general welfare of the
Village to provide for open space in order to implement and accomplish the
stated policies and goals of the LWRP.
As used in this chapter, the following terms shall have the meanings
indicated:
- OPEN SPACES
- Those municipally owned open space areas of the Village of Bayville which are undeveloped and have meaningful scenic, ecological, environmental, historic and/or recreational characteristics which enhance the uniqueness of the waterfront aspects of the Village of Bayville which the Board of Trustees intends to preserve in their current condition as open space in perpetuity.
To accomplish the aforesaid goals, the Board of Trustees has determined to amend the Code of the Village of Bayville to add the following to § 80-5, Zoning Map; amendments:[1]
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The Official Zoning Map of the Village of Bayville, as last amended,
is further amended as follows:
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Section/Block/Lot
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Location
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Change
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|---|---|---|
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28/19/1-8
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17 Ludlam Avenue
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From current zoning (or unzoned) to Park District
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28/19/26-30
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282 Bayville Avenue
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From current zoning (or unzoned) to Park District
|
|
28G 19
28G 16
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West Harbor Drive
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From current zoning (or unzoned) to Park District
|
|
28/G/32A-32B
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West Harbor Drive
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From current zoning (or unzoned) to Park District
|
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28G 34 + 35
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West Harbor Beach
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From current zoning (or unzoned) to Park District
|
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28/13/29
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Soundside Beach
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From current zoning (or unzoned) to Park District
|
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29D 29-37-38
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Wilson Avenue
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From current zoning (or unzoned) to Park District
|
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29G 354 + 1000
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40 Ludlam Avenue
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From current zoning (or unzoned) to Park District
|
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29/D/1069
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West of Creek Beach
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From current zoning (or unzoned) to Park District
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29/93/34
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34 School Street Complex
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From current zoning (or unzoned) to Park District
|
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28/84/20
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88 Bayville Avenue
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From current zoning (or unzoned) to Park District
|
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29/77/67
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Creek Beach and Creek Marina
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From current zoning (or unzoned) to Park District
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The Building Inspector shall be responsible for enforcing this chapter.
No work or activity on a project in the coastal area which is subject to review
under this chapter shall be commenced or undertaken until the Building Inspector
has been presented with a written determination from an agency that the action
is consistent with the Village's LWRP policy standards and conditions. In
the event that an activity is not being performed in accordance with this
chapter or any conditions imposed thereunder, the Building Inspector shall
issue a stop-work order and all work shall immediately cease. No further work
or activity shall be undertaken on the project so long as a stop-work order
is in effect.
A.
A person who violates any of the provisions of, or who
fails to comply with any conditions imposed by, this chapter shall have committed
a violation, punishable by a fine not exceeding $1,500 for a conviction of
a first offense and punishable by a fine of $2,500 for a conviction of a second
or subsequent offenses. For the purpose of conferring jurisdiction upon courts
and judicial officers, each week of continuing violation shall constitute
a separate additional offense.
B.
The Village Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter. Any
civil penalty shall be in addition to and not in lieu of any criminal prosecution
and penalty. The Village may also enforce this article by proceeding.
C.
In addition to the foregoing, any person, firm or corporation
who violates any of the provisions of this chapter shall pay to the Village
of Bayville the reasonable costs of restoring the aforementioned open space
areas to their natural state. Said sum shall also include reasonable attorney's
fees and other expenses in connection therewith.
