[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 11-8-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
This chapter shall be entitled "Local Law No. 2 of 2007 of the
Incorporated Village of West Hampton Dunes, a Local Law adopting regulations
regarding walkovers.
Pursuant to § 10 of the Municipal Home Rule Law and
the Village Law of the State of New York, the Incorporated Village
of West Hampton Dunes, County of Suffolk, and State of New York, hereby
enacts by this chapter a local law of the Village of West Hampton
Dunes.
The Board of Trustees of the Village of West Hampton Dunes determines
and finds that due to the uneven ground that exists in most areas
of the Village and in particular in the areas on which walkovers have
been or will be constructed, and that the uneven ground renders regulations
which have a fixed maximum height for walkovers as ineffective or
impossible to enforce, that it is in the best interests of the Village,
its residents, property owners and guests, and of the preservation
of good order and public safety in the Village of West Hampton Dunes,
to adopt regulations regarding walkovers.
The purpose and intent of this chapter is to protect the safety
and well-being of the residents of the Village and their guests and
families as well as the atmosphere and peace and tranquility of the
Village by adopting regulations regarding walkovers in the Village.
A.
The height of a walkover shall be limited to an average of 18 inches
above grade.
B.
The height of a walkover shall in no event be more than 30 inches
above grade except where required by a government agency, however,
the walkway shall only exceed an average of 18 inches in that area
that is required by the agency.
C.
No walkway shall be constructed within 25 feet of Dune Road.
All walkovers in the Village shall be limited to a width of
four feet.
Handrails are prohibited on any walkover or portion of a walkover
that is 30 inches or less above grade.
A.
Any walkover that is constructed on property which the owner of the
right-of-way does not own or pursuant to an easement or right-of-way
shall require a permit from the Village of West Hampton Dunes.
B.
The applicant for a permit must provide the Village of West Hampton
Dunes with the following:
(1)
Survey by a licensed surveyor showing the location of the walkover,
the coastal erosion hazard zone and the northern and southern tow
of the dune.
(2)
Construction plans.
(3)
Either written and notarized permission of the owner of the property
or a court order approving or granting permission or authority to
construct the walkover.
C.
The Trustees of the Village may set a fee for the permit that is
required by this section.
A.
There shall be a fine or penalty of not more than $250 for each and
every violation of this chapter, and each day that a violation shall
exist shall be a separate violation of this chapter.
B.
The owner of the property on which the violation occurs and the contractor
or other party that was performing the exterior construction shall
both have committed an act in violation of this chapter.
