[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 under "Proposed
Land Acquisition and Park Improvement Projects."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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:
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
|
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28G 19
28G 16
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West Harbor Drive
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From current zoning (or unzoned) to Park District
|
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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 $500
for a conviction of a first offense and punishable by a fine of $1,000
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
