[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:
CRAFT or VESSEL
A boat or personal watercraft.
DOCK or PIER
A fixed structure to which a craft or vessel can be made fast or tied or attached.
EXISTING APPROVED MOORING
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.
EXISTING NONAPPROVED MOORING
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.
HOME RULE LAW
The Home Rule Law of the State of New York.
JURISDICTION OF THE VILLAGE
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.
MOORING
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.
NAVIGATION LAW
The Navigation Law of the State of New York.
PROPERTY OWNER
Any owner of real property in the Village of West Hampton Dunes.
RESIDENT
An individual who maintains a permanent domicile within the Village of West Hampton Dunes.
VILLAGE BAY COMMISSIONER
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.
VILLAGE BOUNDARIES
The Village boundaries are the limits of the territory of the Village of West Hampton Dunes as established in its incorporation in 1993.
VILLAGE LAW
The Village Law of the State of New York.
VILLAGE TERRITORY
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.