[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 560.
[Adopted 8-17-2002 by L.L. No. 1-2002]
This article shall be entitled "Surface Water Use and Mooring
Regulations of 2001 of the Incorporated Village of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law, the
Village Law and zoning regulations and the Navigation 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 article,
a local law of the Incorporated Village of West Hampton Dunes.
A.
Purpose. The purpose of this article is to promote and protect the
public safety and welfare of the residents of the Village of West
Hampton Dunes, and their guests, and of the visitors to the Village,
to preserve the environment of the Village of West Hampton Dunes,
including the environmentally sensitive areas within the limits, boundaries
and territory of the Village of West Hampton Dunes, and of the areas
adjoining or surrounding those areas and within the jurisdiction of
the Village, including the turbidity and quality of the waters in
and surrounding the Village of West Hampton Dunes, and their bottoms,
and the quality and value of property in the Village, by the organized
development of the Village and of the number, location and use of
moorings, and to maintain proper and consistent regulation of moorings
in the Village of West Hampton Dunes.
B.
Intent. The intent of this article is to establish surface water
use and mooring regulations for the Village of West Hampton Dunes
which will regulate the use of the surface waters within the boundaries
and jurisdiction of the Village and the number and density of mooring
sites within the limits, boundaries and jurisdiction of the Village
of West Hampton Dunes.
As used in this article, the following terms shall have the
meanings indicated:
A boat or personal watercraft.
A fixed structure to which a craft or vessel can be made
fast or tied or attached.
A mooring which is existing at the time of the enactment
of this article and has been approved by the Village of West Hampton
Dunes.
A mooring which is existing at the time of the enactment
of this article and which has not been approved by the Village of
West Hampton Dunes as of the date of the enactment of this article.
The Home Rule Law of the State of New York.
The maximum area over the waters surrounding the Incorporated
Village of West Hampton Dunes, including areas outside the Village
of West Hampton Dunes, within 1,500 feet of the mean high-water mark
of the shoreline of the Village, over which the Village of West Hampton
Dunes may exercise jurisdiction, pursuant to the Village Law, the
Navigation Law, and any other applicable laws of the State of New
York.
A place where or an object to which a craft or vessel can
be made fast. Excluded from the definition of a mooring is a dock.
The Navigation Law of the State of New York.
Any owner of real property in the Village of West Hampton
Dunes.
An individual who maintains a permanent domicile within the
Village of West Hampton Dunes.
An individual to be appointed by the Mayor and approved by
the Board of Trustees whose duty it shall be to ensure the enforcement
of this article.
The Village boundaries are the limits of the territory of
the Village of West Hampton Dunes as established in its incorporation
in 1993.
The Village Law of the State of New York.
The Village territory is all land and water area within the
boundaries of the Village of West Hampton Dunes as established in
1993, and as indicated on the Official Map or description of the Village
as adopted at the time of the incorporation of the Village of West
Hampton Dunes.
A.
Restrictions on the speed of boats. All boats within a distance of
500 feet of the mean high-water mark shall be operated at a speed
of less than five knots, and so as not to create a wake of any kind,
and shall not be operated within 200 feet of any bathing or other
similar use of the waters, and such other regulations as may be from
time to time promulgated by the Board of Trustees of the Village of
West Hampton Dunes.
B.
Anchorage and mooring. Transient anchorage and mooring shall only
be permitted in the areas designated by the Village Bay Commissioner
as same may be appointed by the Mayor or the Board of Trustees.
The area over which the Village of West Hampton Dunes shall
exercise jurisdiction pursuant to this article, and to which this
article shall apply, shall include the area of the waters surrounding
the Village of West Hampton Dunes that are within 1,500 feet of the
mean high-water mark of the shoreline surrounding the Village of West
Hampton Dunes, as provided under the Navigation Law, Village Law,
and any other applicable laws and regulations of the State of New
York.
All persons, entities or other parties mooring a craft or vessel
within the limits, boundaries, and territory of the Village of West
Hampton Dunes, or within 1,500 feet of the mean high-water mark of
the shoreline surrounding the Village of West Hampton Dunes, as described
and determined by this article and the Navigation Law, are hereby
required to obtain a mooring permit from the Village of West Hampton
Dunes, and no craft or vessel shall be moored within 1,500 feet of
the mean high-water mark of the shoreline of the Village of West Hampton
Dunes without first obtaining a Village of West Hampton Dunes mooring
permit.
A.
Applications for a mooring permit shall be submitted to the Village
of West Hampton Dunes Bay Commission, which Commission shall consist
of residents of the Village of West Hampton Dunes as appointed by
the Mayor and approved by the Board of Trustees of the Village, and
such other persons or professionals as the Mayor or Commission shall
appoint.
B.
An application shall be submitted to the Bay Commission of the Village
of West Hampton Dunes in such form and shall be accompanied by such
documents and fee as the Board of Trustees of the Village of West
Hampton Dunes or the Village of West Hampton Dunes Bay Commission
shall hereinafter, or from time to time, establish or require.
C.
The Village of West Hampton Dunes Bay Commissioner, within 30 days
after receiving an application from a qualified party for a mooring
permit, shall either accept the application as duly filed, or return
the application to the applicant as deficient, with a statement, in
writing, stating the reason as to that determination.
D.
For all applications that the Village of West Hampton Dunes Bay Commissioner
shall deem to be complete and duly filed, the Commission shall make
a determination as to whether the application should be approved,
based on such factors as the proposed location of the mooring, the
size of the craft or vessel to be moored, environmental considerations
or factors, and any other considerations or factors as the Village
of West Hampton Dunes Bay Commissioner may deem relevant, and whether
as established by this article, or other laws and regulations of the
Village of West Hampton Dunes or the State of New York, a mooring
can be established at the selected location.
E.
The Village of West Hampton Dunes Bay Commissioner may at his discretion,
maintain a waiting list for either moorings or sites for moorings,
or both, based on demand and availability of same and the regulation
pursuant to this article. Any such list shall be a public record within
the Village, and may be subject to such change or review as the Village
of West Hampton Dunes Bay Commissioner shall deem appropriate or in
the best interests of the Village.
The moorings approved by the Village of West Hampton Dunes shall
be located at locations, including distance and density, as determined
by the Village of West Hampton Dunes Bay Commissioner pursuant to
this article. The Village of West Hampton Dunes Bay Commissioner shall
follow the provisions of the Chapman Guide to mooring as to the placement
of moorings, where applicable.
A.
Only property owners or residents of the Village of West Hampton
Dunes, as defined in this article, shall be entitled to a mooring
permit.
B.
A mooring permit shall only be held by the person in whose name the
craft or vessel which uses that mooring is registered, and only for
the craft or vessel for which the permit was issued.
In the event that a person holding a mooring permit transfers
or sells the craft or vessel for which the permit was being used,
the following shall apply:
A.
In the event that a person holding a mooring permit sells or intends
to sell the craft or vessel for which the mooring was used, and the
person holding the permit is purchasing another craft or vessel for
which they want to use the mooring site, that person shall file an
application for a new permit from the Village of West Hampton Dunes
Bay Commissioner for the new craft or vessel which the person has
purchased in order to be eligible to continue to use the mooring for
the craft or vessel which they are acquiring or have acquired.
B.
Written notice of the change and an application for the new permit
shall be provided to the Village of West Hampton Dunes Bay Commissioner
pursuant to regulations, and approval of the application must be granted
prior to using the mooring for the new craft or vessel. The Village
of West Hampton Dunes Bay Commissioner shall have the right to reject
the use of the mooring by the new craft or vessel, or relocate the
mooring, if for good cause or as it deems, within its discretion,
for same to be within the best interests of the Village of West Hampton
Dunes and its residents.
C.
In the event that the person in whose name a mooring permit was held
sells or transfers the craft or vessel for which they have obtained
the permit, and is not acquiring another craft or vessel for which
that person wishes to use the mooring, or does not file an application
for a permit to use the mooring for another craft or vessel at that
location, the mooring permit which the person had shall be void as
of the next May 1, following the date of the transfer of the craft
or vessel, and the permit holder shall have no further rights to a
permit at that location as of that date.
Mooring permits shall only be granted by the Village of West
Hampton Dunes to noncommercial crafts and vessels. Mooring permits
will not be granted to, and the mooring or anchoring of commercial
crafts and vessels, or barges, platforms or other type of commercial
craft or vessel, within the limits, boundaries and areas of jurisdiction
of the Village of West Hampton Dunes, will be prohibited.
A.
The owners of moorings which exist within the limits, boundaries,
and jurisdiction of the Village of West Hampton Dunes, and which have
been previously duly approved by the Village, shall be required to
file such forms as the Commissioner shall require in order to have
new mooring permits issued to them.
B.
All other moorings existing within the limits, boundaries and jurisdiction
of the Village of West Hampton Dunes at the time of the adoption of
this article shall be removed within 10 days of the date of the adoption
of this article, and in the event that any such mooring is not removed
as required, the mooring shall constitute a violation of this article,
and subject the owner and mooring to the penalties and fines and other
actions set forth herein and by the laws and regulations of the Village
of West Hampton Dunes and the State of New York.
The owners of those previously approved moorings shall have
30 days from the date of the enactment of this article, or such later
time as the Bay Commissioner of the Village of West Hampton Dunes
shall determine, to complete and file the necessary required documents
with the Village of West Hampton Dunes Bay Commissioner in order to
have the prior approval be deemed approved under this article.
The Village of West Hampton Dunes Bay Commissioner shall reserve
the right to terminate, move, eliminate, or refuse to extend or renew
any existing previously approved mooring which is deemed to be in
conflict with this article, its intent or purpose or the interests
of the Village of West Hampton Dunes.
A.
This article shall be enforced by the Board of Trustees of the Village
of West Hampton Dunes, the Village of West Hampton Dunes Bay Commissioner,
and such other entities to which such responsibility and authority
may be delegated or assigned by the Village of West Hampton Dunes.
B.
The enforcement of this article shall be both by the violation provisions
hereunder, and any other civil remedies that may be available to the
Village of West Hampton Dunes.
A.
Every violation of this article shall be subject to a fine of not
more than $250, per offense or violation, and for purposes of this
article and provision, each and every day that a violation of this
article should exist shall be a separate violation of this article.
B.
The party and or vessel or boat that shall be in violation of this
article shall be subject, at the option and discretion of the Village
of West Hampton Dunes, or an appropriate body or officer of the Village,
to the seizure of the craft or vessel that may be moored without a
permit hereunder, or that is otherwise in violation hereof, with the
costs of same, including storage and other charges, to be assessed
to the craft or vessel owner by the Village of West Hampton Dunes,
and any other civil remedies as may be available to the Village.
[Adopted 11-20-2004 by L.L. No. 2-2004]
This article shall be entitled "Local Law No. 2 of 2004 of the
Incorporated Village of West Hampton Dunes, A Local Law Regulating
the Storage of Boats in the Village of West Hampton Dunes."
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 article a local law of the Village of West Hampton
Dunes.
The Board of Trustees of the Village of West Hampton Dunes hereby
determines and finds that it is in 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 regulate the storage of boats in the Village of West Hampton Dunes.
The purpose and intent of this article is to protect the health,
safety and well-being of the residents of the Village of West Hampton
Dunes, and their residents, families and guests, as well as the atmosphere
and peace and tranquility of the Village by requiring the placement
of boats in certain places on the properties in the Village.
All boats stored on residential properties in the Village of
West Hampton Dunes shall be stored under the home that is on the property
or inside an accessory structure, or shall be stored behind the rear
line of the home that is located on the premises. All boats that are
stored on residential property shall either be enclosed in a structure
or shall be covered with a covering that shall not in any way consist
of or cause a nuisance to adjoining properties or the neighborhood.
Each violation of this article shall be subject to a fine of
$250, and each day that a violation shall exist shall be a separate
violation of this article.
