[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 4-1-1975 by L.L. No. 3-1975[1] (Ch. 12 of the 1968 Compilation). Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 92.
Waterways — See Ch. 278.
Zoning — See Ch. 300.
[1]
Editor's Note: This local law also repealed former Ch. 12,
Bulkheading, Dredging and Canals, adopted May 18, 1971, as amended.
[Amended 7-3-1979 by L.L. No. 17-1979]
Because the erection of bulkheading, docks, wharfs and piers
into or along natural bodies of water and the dredging of natural
bodies of water and the digging of canals extending the flow of natural
bodies of water and the filling in of lands along the shoreline and
in the tidal wetlands all have ecological consequences, it is hereby
declared to be the policy of the Village Board of Sag Harbor to regulate,
by permit, whether and to what extent the above activities may be
carried out.
Hereafter, no person shall, without a permit obtained from the
Sag Harbor Village Trustees:
A.
Erect any bulkheading, docks, wharfs or piers into or along the shoreline
of any natural body of water or along any shoreline altered by excavation,
fill or otherwise.
[Amended 7-3-1979 by L.L. No. 17-1979]
B.
Dig canals, boat basins or ramps in any lands within the Village
limits which will connect with bodies of salt water.
C.
Dredge or fill along the shoreline or in the tidal wetlands of the
Village of Sag Harbor, as the term "tidal wetland" is or shall be
defined in the Environmental Conservation Law of the State of New
York.
[Amended 7-3-1979 by L.L. No. 17-1979]
Such permit shall be applied for on forms to be supplied by
the Village and shall be accompanied by a recent survey prepared by
a surveyor licensed by the State of New York showing the work proposed.
Upon demand by the Village, the applicant may also be required to
furnish a topographical survey.
Such application shall be accompanied by an application fee
as shall be set from time to time by a resolution by the Board of
Trustees.
Such application shall be acted upon after a public hearing
to be held within 30 days after the filing of the application.
A.
The following factors shall govern the Village Board in its determination
as to the granting or not of such applications:
(1)
No application shall be granted which shall materially contribute
to the erosion of the shoreline of the Village.
(2)
No such activity shall be permitted which would materially cause
salt water intrusion into the water table serving the Sag Harbor Village.
(3)
No such activity shall be permitted which will create unreasonable
traffic upon the water along the Village shoreline.
(4)
No such application shall be granted which will unduly disturb the
health and safety of persons walking along the beaches of the Village.
(5)
No activity shall be permitted which will adversely affect marine
life in wetland areas. An opinion by the New York State Department
of Environmental Conservation shall be requested on this factor and,
if obtained, shall be considered by the Board.
B.
All persons may appear in person or by attorney to be heard at such
public hearing.
A.
Any person who engages without a permit in any of the operations included in § 107-2 herein in violation of this chapter shall be guilty of a misdemeanor punishable by a fine not exceeding $250 or imprisonment not exceeding six months, or both. Each week's continued violation shall constitute a separate additional violation.
B.
Further, any such person shall also be liable to the Village for
the full cost of restoration of the affected shoreline or tidal wetland
to its condition prior to such violation insofar as that is possible.
The court shall specify a reasonable time for the completion of the
restoration which shall be done under the supervision of the Board
of Trustees.
Notwithstanding anything in the foregoing, if, upon presentation
of an application under this chapter, it appears to the Board of Trustees
in its sole discretion that the work to be done thereunder consists
exclusively of maintenance dredging or maintenance bulkheading to
restore that which had previously existed, then the Board may waive
the requirement for the public hearing as aforesaid and issue a permit
for such maintenance dredging or maintenance bulkheading for a fee
for such maintenance work as shall be set by resolution of the Board
of Trustees from time to time.
