[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue 11-15-1985 by L.L. No. 5-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Bulkheads and docks — See Ch. 77.
Environmental quality review — See Ch. 87.
Flood damage prevention — See Ch. 95.
Parks, waterways and recreation — See Ch. 118.
Sand dunes and ocean beach management program — See Ch. 146.
Stormwater management and erosion and sediment control — See Ch. 155.
Wildfowl sanctuary — See Ch. 190.
Zoning — See Ch. 196.
A.
On December 21, 1984, the Board of Trustees of the Village of Quogue
designated the area on the north side of Dune Road in the Village
of Quogue, bounded on the north by Shinnecock Bay, on the east by
the easterly boundary line of the Incorporated Village of Quogue,
on the south by Dune Road, and on the west by the westerly boundary
line of land of Bergman and Dansker (said land being designated on
the Suffolk County Tax Map as District 0902, Section 016, Block 01,
Lot 007), as a critical environmental area (CEA), after completing
and accepting a final generic environmental impact statement (final
GEIS) for said area. The CEA is an area characterized by natural scenic
beauty and an area whose existing openness, natural condition and
present state of use, if retained, would maintain and enhance the
conservation of natural and scenic resources. The CEA is the last
significant area of land in the Village characterized by open space
and wetlands, and it is the only such area within view of the public
from Dune Road. The natural setting of the CEA, including its open
space aesthetic quality (within view of the public from Dune Road),
its wetlands vegetation (which includes four distinct and separate
environments, namely intertidal marsh, high marsh, spoil area and
beach where the transitional stages of plant life from one to the
other are beautifully illustrated) and its wildlife habitat (which
includes black ducks, short-eared owls, red-winged blackbirds, hawks
and other species) makes the CEA unique in the Village of Quogue.
B.
The acquisition of real property for the preservation of open spaces
and areas such as land within the CEA is a valid public purpose recognized
by § 247 of the General Municipal Law. Creation of a Village
wetlands preserve covering land within the CEA donated to or owned
by the Village for preservation purposes would facilitate accomplishing
the goal identified in the final GEIS; preserving the CEA in its present
state to the extent practicable.
There is hereby created a Village of Quogue Wetlands Preserve.
A.
The Village Wetlands Preserve shall consist of any and all land within
said critical environmental area acquired by the Village of Quogue
subsequent to December 21, 1984 (whether now owned by the Village
or hereafter acquired by the Village), after a public hearing pursuant
to § 247 of the General Municipal Law.
B.
Any land within said critical environmental area acquired by the
Village of Quogue prior to December 21, 1984, may be added to and
included in the Village Wetlands Preserve by a designating resolution
of the Village Board of Trustees adopted after a public hearing.
The Village of Quogue may not sell, transfer or convey any land
in the Village Wetlands Preserve, except upon the adoption by a majority
plus one of the Village Board of Trustees of a local law authorizing
such sale, transfer or conveyance, which local law shall be subject
to a mandatory referendum of the electors of the Village of Quogue.
Any and all land in the Village Wetlands Preserve shall remain
in its natural state, except for any protective structures or facilities
which the Village Board of Trustees may determine to be necessary
to promote the purposes of the Preserve.
A.
Any and all land in the Village Wetlands Preserve shall be used only
for the following uses: passive recreational or educational uses,
such as bird and waterfowl watching, nature photography, and educational
or research projects; conservational uses, such as open space and
wetlands; similar uses which the Village Board of Trustees may determine
to be consistent with the purposes of the Preserve.
B.
Land in the Village Wetlands Preserve shall not be used for active
recreational use, such as recreational use involving substantial improvements,
structures, impervious surfaces or other alteration of the natural
state.
C.
Use of land in the Village Wetlands Preserve shall be subject to
the following additional restrictions:
[Added 4-19-2001 by L.L. No. 2-2001]
[Amended 4-19-2001 by L.L. No. 2-2001]
Parking at the Village Wetlands Preserve shall be limited to
the designated parking area. No person shall park a vehicle for longer
than two hours.
The Village Board of Trustees may hereafter adopt by resolution
rules and regulations pertaining to the use of land in the Village
Wetlands Preserve. A violation of such rules and regulations shall
constitute a violation of this chapter.
[Amended 7-3-2003 by L.L. No. 2-2003]
A.
Any person committing a violation of this chapter shall, upon conviction
thereof, be guilty of a violation pursuant to the Penal Law of the
State of New York, punishable by a fine not exceeding $1,000 or by
imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment.
B.
For each and every violation of this chapter, the person or persons
responsible for, causing, permitting, assisting in or refusing to
abate or correct such violation shall be subject to a civil penalty
not exceeding $1,000 for each and every such violation. The continuation
of a violation of this chapter shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
