The intent of this article is to:
A.
Maintain a safe recreational environment near the shore of Conesus
Lake.
B.
Allocate fairly the use of the Conesus Lake shore for mooring, berthing,
anchoring and docking of boats.
C.
Minimize conflicts among neighboring property owners who use their
shoreline for boat and other access to navigable waters of Conesus
Lake.
D.
Acknowledge that all owners of property contiguous to the lakeshore
of Conesus Lake shall enjoy the right of free and open access to navigable
waters of Conesus Lake.
A.
In addition to the authority granted by Town Law § 263
(zoning) and the Municipal Home Rule Law, this article is adopted
pursuant to:
(1)
Town Law § 130, Subdivision 17(1)b, which allows towns
to restrict and regulate the anchoring and mooring of vessels in any
waters within or bounding the Town to a distance of 1,500 feet.
(2)
Navigation Law § 46-a, Subdivision (2), which authorizes
the Town of Livonia to regulate the manner of construction and location
of boathouses, moorings and docks within navigable waters wholly within
or bounding the Town of Livonia, such authority extending to a distance
of 1,500 feet into such navigable waters.
(3)
The above authority applies to the waters of Conesus Lake wholly
within or bounding the Town of Livonia and not within any other town.
B.
This article is not intended to restrict or regulate placement or
operation of docks used by the State of New York, Livingston County
or any municipality for public purposes.
C.
Regardless of whether a fee is charged, the casual rental of dock space which does not include launching, selling, servicing or leasing and which provides for storage and/or mooring of boats in no greater number than that permitted by § 150-153 of this chapter shall not be considered a violation of this chapter, provided that no sign or other visible indication of such rental shall be located on the parcel in question.
A.
The terms "littoral and/or riparian lines, rights, zones" are purposely
not used in this article. The Town of Livonia has defined a specific
term "water rights lines." Water rights lines may be considered a
type of zoning line used in this article for the application of rules,
location of docks, mooring and site plans. Water rights lines are
not property lines. Water rights lines as defined below are applied
throughout this article and illustrated in the attached diagrams.
B.
BERTH
BOAT SLIP
DOCK
EASEMENT/RIGHT-OF-WAY
HOIST
LAKESHORE ACCESS GRANTEE
LAKESHORE PARCEL
LAKESHORE PARCEL OWNER
LINEAL FEET OF LAKESHORE
LONG LAKE METHOD
MEAN HIGH WATER (MHW)
MEAN HIGH-WATER MARK (MHWM)
MOORING, BERTHING, ANCHORING AND DOCKING FACILITIES
ROUND LAKE METHOD
SHARED ACCESS
WAIVER
WATER RIGHTS LINES (WRL)
WHARF
As used in this section, the following terms shall have the meanings
indicated:
See "boat slip."
The area of any structure, boat hoist structure, boat station,
boathouse, dock or pier or any other facility the purpose of which
is storage of one boat.
Any wharf, structure or fixed or movable platform extending
out from the shore over the water, built on floats, columns, open
timber, piles or similar open work supports, regardless of whether
it is permanent or removable in nature.
The right of one person, of several persons, or of the community
at large to pass over the land of another.
Any mechanical device the purpose of which is to raise or
lift a boat out of the water for waterside storage alongside a dock
or wharf.
A person, persons or other entity which has the legal right,
by deed, easement or prescriptive rights, to cross over or in some
fashion use the land of a lakeshore parcel owner for the purpose of
access to the waters of Conesus Lake.
A parcel of land contiguous to and bordering the waters of
Conesus Lake.
The person or persons having title in fee to a parcel of
land that is contiguous to and bounds the waters of Conesus Lake.
The horizontal lineal distance measured in a straight line between lakeshore parcel lot lines as these lines intersect with the mean high-water mark. The mean high-water tie line defined in § 150-154A(2) determines lineal feet of lakeshore (see Diagram 1[1]).
A geometric method of adjusting water rights lines. See Diagram
3[2] for a graphic description of this method.
The approximate average high water elevation for Conesus
Lake. For the purpose of this article, the MHW for Conesus Lake is
818.5 feet. The elevation of 818.5 feet was verified by the State
of New York, Office of General Services, in March 2007, based on hourly
water level data from 1990 through 2006. The MHW for Conesus Lake
referenced to the National Geodetic Vertical Datum of 1929 (NGVD29)
from data recorded by the United States Geological Survey (USGS) is
819.4 feet. Under Article 15, Title 5, Environmental Conservation
Law, Part 608, the Department of Environmental Conservation (DEC)
will use the mean high-water elevation for Conesus Lake of 819.4 for
DEC applications.
The point of intersection of a lakeshore parcel lot line
with MHW of Conesus Lake.
A waterside area used for the berthing, anchoring or mooring
of boats or other floating craft, whether manually, mechanically or
sail powered. "Mooring" refers to tying up a boat to a permanently
anchored floating object. "Anchoring" involves securing a boat temporarily
to the lake bottom using an anchor. "Docking" refers to tying up a
boat to a structure, such as a dock, hoist or wharf, which is attached
to shore or affixed to the bottom of the lake and the shore.
A geometric method of adjusting water rights lines (also
known as "pie method"). See Diagram 2[3] for a graphic description of this method.
When the parcel or parcels of land not being contiguous to
or having frontage on the waters of Conesus Lake have a right of access
over a lakeshore parcel of another, thereby providing rights of access
to the waters of Conesus Lake to such nonlakeshore parcel(s). Such
shared access can be established by deed, easement or prescriptive
rights.
Agreement between two or more lakeshore parcel owners allowing
mooring, berthing, anchoring and docking facilities placement closer
to common boundary line(s) than would be permitted by the terms of
this article.
Water rights lines define the location of the boundaries for the placement of mooring, berthing, anchoring and docking facilities, and all other facilities subject to this article. The methods for establishing water rights lines are found in § 150-154A(1) through (5).
A structure of stone, concrete or timber or other material
permanently built on the shore or projecting out into the lake so
that boats may be secured alongside to load or unload or to be at
rest.
[1]
Editor's Note: Diagram 1 is included at the end of this chapter.
[2]
Editor's Note: Diagram 3 is included at the end of this chapter.
[3]
Editor's Note: Diagram 2 is included at the end of this chapter.
A.
For the purpose of this regulation, the following shall not be subject
to the limitations in this section: canoes, rowboats, rowing shells,
kayaks, windsurfers, nonmotorized boats 14 feet and under in length,
and other nonmotorized boats unless they utilize mooring, berthing,
anchoring and docking facilities.
B.
The number of boats permitted to be docked, moored or anchored along
a single lakeshore parcel, including all easements/rights-of-way associated
with such parcel, shall not exceed the following thresholds:
|
Lineal Feet of Lakeshore
|
Number of Boats
| |
|---|---|---|
|
Less than 15 feet
|
1 boat allowed
| |
|
15 to less than 20 feet
|
2 boats allowed
| |
|
Each additional 20 feet
|
1 additional boat
|
|
Example: A lakeshore parcel with 50 lineal feet of lakeshore
is allowed three boats.
|
C.
One dock is allowed for lineal feet of lakeshore up to 50 feet. One
additional dock is allowed for each additional 50 feet of lineal feet
of lakeshore, or any part thereof, so long as each dock can be placed
in compliance with the requirements of this article.
D.
Special regulations for existing subdivisions and shared access:
(1)
This provision applies when more than one lot in existence on the effective date of Article XVI has shared access to the waters of Conesus Lake via a single lakeshore parcel: The number of boats permitted to be moored, berthed, docked or anchored within the water rights lines of a lakeshore parcel may exceed the number stated in Subsection B of this section, provided that in no case shall the number of boats exceed one boat (beyond the number permitted to the lakeshore parcel for its use) for each lot that has legal right to access the shore of Conesus Lake by virtue of shared access, so long as said right predates the effective date of Article XVI. This provision is not intended to and shall not be construed to imply any greater or lesser rights to a lakeshore access grantee than such lakeshore access grantee has by way of its underlying legal entitlement, whether by easement, deed or prescriptive right.
(2)
This provision applies when more than one lot in existence on the effective date of Article XVI has shared access to the waters of Conesus Lake via a single lakeshore parcel and is allowed by its underlying legal entitlement to place a dock within the water rights lines of a lakeshore parcel: The number of docks may exceed the number stated in Subsection C of this section, provided that in no case shall the number of docks exceed one dock (beyond the number permitted to the lakeshore parcel for its use) for each lot that has legal right to access the shore of Conesus Lake by virtue of shared access and has legal and specific right to place a dock, so long as said right predates the effective date of Article XVI. Docking facilities shall be placed so that all boats secured to such facility are contained within the water rights lines of the lakeshore parcel and that no mooring, berthing, anchoring or docking facility of the shared access shall be located within 10 feet of any water rights line. Where the lineal frontage of the easement is such that the ten-foot setback from the water rights lines cannot be met, the dock is to be placed as far from the water rights line as the shared access will permit. This provision is not intended to and shall not be construed to imply any greater or lesser rights to a lakeshore access grantee than such lakeshore access grantee has by way of its underlying legal entitlement, whether by easement, deed or prescriptive right.
E.
This provision is not intended to prevent certain specified users
from boat mooring, berthing, docking, anchoring or dock placement
which has been historically performed on a continual annual basis
and which has had the acquiescence of adjoining owners for a period
of at least 20 years predating the effective date of this article.
These specified users are: Camp Stella Maris (4395 East Lake Road),
Pine Tree Mobile Home Park (East Lake Road), Sunny Shores Campground
(5118 East Lake Road), Culver Manor Mobile Home Park (4425 East Lake
Road), Ely, Boller and Millard Avenue Neighborhood Park Association,
and Wilkins Tract Association Docking.
A.
For the purpose of this section, mooring, berthing, anchoring and
docking facilities shall be placed within the water rights lines of
a lakeshore parcel so as not to interfere with the lakeshore usage
of adjacent lakeshore parcels. Water rights lines are determined using
the following method (see Diagram 1):[1]
(1)
Determine the mean high-water mark for the lakeshore parcel
and the two adjoining lakeshore parcels (four points).
(2)
Draw lines connecting the mean high-water marks. These lines
are called "mean high-water tie lines."
(3)
Where two mean high-water tie lines meet, measure the angle
formed by the tie lines on the water side.
(4)
Bisect (divide by 2) the waterside angle from step 3. The line
running from the MHWM through the bisected angle point will establish
the location of the water rights line.
(a)
The water rights lines for lakeshore parcels Tax Map Nos. 92.78-1-14-12;
92.78-1-14.2 and 91.78-1-15 shall be drawn from the mean high-water
mark for these parcels parallel to the Town of Livonia/Town of Conesus
town line. This provision prevents the water rights lines and the
resulting placement of docks from extending into the Town of Conesus.
(6)
Lakeshore parcels located in lake recesses or coves, or at the
head or foot of the lake, shall use the round lake method (also known
as "pie method," Diagram 2[2]) to adjust water rights lines as follows:
(a)
When lakeshore parcels are located at the head or foot of the
lake, the radius point shall be located on the center thread of the
lake, at a distance from the lakeshore equal to the radius of a circle
most closely circumscribing the lakeshore, providing adjusted water
rights lines that extend to at least 200 feet. The radius point may
have to be moved to achieve the two-hundred-foot water rights line.
(b)
When lakeshore parcels are located in lake recesses or coves,
the radius point shall be located at an approximate distance from
the lakeshore equal to the radius of a circle most closely circumscribing
the approximate lakeshore, providing adjusted water rights lines extend
to at least 200 feet. The radius point may have to be moved to achieve
the two-hundred-foot water rights line.
(c)
The long lake method is not used in this regulation to determine
water rights lines. In rare and unusual circumstances, the long lake
method may be used to adjust water rights lines until water rights
lines extend to 200 feet at the point of intersection. In the long
lake method, a line perpendicular to the center thread line of the
lake is drawn to the high-water mark on the lakeshore parcel lot line
(the same initial point of the water rights line). The water rights
line is then adjusted toward the perpendicular line until the water
rights line extends to 200 feet in length at the point of intersection
(see Diagram 3[3]).
[3]
Editor's Note: Diagram 3 is included at the end of this chapter.
[2]
Editor's Note: Diagram 2 is included at the end of this chapter.
(7)
It is each lakeshore parcel owner's responsibility to accurately
determine water rights lines. However, if a complaint is filed with
the Town of Livonia Building and Zoning Department office concerning
the infringement of water rights lines (for example, encroachment
of docks or mooring of boats in violation of this article), it is
the responsibility of the complainant to satisfactorily prove the
location of the complainant's water rights lines to support the complaint.
Acceptable proof would be a survey prepared by a New York State registered
surveyor licensed according to the New York State Education Law, the
cost of which being the responsibility of the complainant.
(8)
The Town of Livonia Building and Zoning Department is not responsible
to determine in any way the location of water rights lines, nor is
it responsible for the cost of such determination. The Code Enforcement
Officer shall require appropriate documentation, including surveys
(when necessary), to determine and verify water rights lines.
[1]
Editor's Note: Diagram 1 is included at the end of this chapter.
B.
Mooring, berthing, anchoring and docking facilities shall be placed
so that all boats secured to such facilities are contained within
the water rights line of the lakeshore parcel. No mooring, berthing,
anchoring or docking facility shall be located within five feet of
any water rights line.
C.
No boat shall be moored, berthed, docked or anchored within five
feet of any water rights line.
D.
Notwithstanding Subsections B and C above, when a lakeshore parcel contains less than 21 lineal feet of lakeshore frontage, all mooring, berthing, anchoring and docking facilities shall be centered between the water rights lines. In circumstances where if a dock is centered between the water rights lines moored boats secured to such facilities would not be contained within the water rights lines of the lakeshore parcel, then Subsections D(1) through (3) will apply.
(1)
Lakeshore parcels with more than 16 feet but less than 21 feet
of lineal lakeshore frontage may place the dock along either water
rights line of the lakeshore parcel, to contain the mooring of boats
of up to an eight-foot beam or the placement of hoists within the
water rights lines. However, the property owner will maintain a five-foot
setback to the water rights line opposite the placement of the dock.
This single-side setback provision is intended to maintain open water
passage to the lakeshore between parcels of similar size using this
provision. A sign shall clearly show docking is permitted only within
the water rights line of the lakeshore parcel (in this case, on the
one side of the dock only).
(2)
For lakeshore parcels of less than 16 feet of lineal lakeshore
frontage, all setback requirements are removed, provided moored boats
be secured so they are contained within the water rights lines of
the lakeshore parcel. Lakeshore parcels of less than 16 feet of lineal
lakeshore frontage may place the dock along either water rights line,
provided a sign shall clearly show docking is permitted only within
the water rights line of the lakeshore parcel (in this case, on the
one side of the dock only).
(3)
For lakeshore parcels where converging water rights lines are
reduced to 21 feet apart and the dock is not centered, a five-foot
setback will be maintained from the water rights lines opposite the
placement of the dock. Where converging water rights lines are reduced
to 16 feet, all setback requirements are removed, provided moored
boats be secured so they are contained within the water rights lines
of the lakeshore parcel. A sign shall clearly show docking is permitted
only within the water rights line of the lakeshore parcel (in this
case, on the one side of the dock only).
E.
Notwithstanding Subsections B and C above, mooring, berthing, anchoring and docking facilities serving a shared access shall be located in accordance with § 150-153D(2).
F.
When two adjoining lakeshore parcel owners agree to consolidate the
allowed number of mooring, berthing, anchoring and docking facilities
for both parcels into one, such consolidation is permitted with the
following limitations:
(1)
The total square footage of the consolidated mooring, berthing,
anchoring and docking facilities shall not exceed 1,080 square feet.
(2)
The consolidated mooring, berthing, anchoring and docking facilities
shall conform to all other provisions of this article.
(3)
When applying for mooring, berthing, anchoring and docking facilities
consolidation under this provision, the participating adjoining lakeshore
parcel owners extinguish all rights and claims to a second or third
dock during the period of such consolidation.
(4)
A site plan with appropriate documents shall be submitted to
the Building and Zoning Department office as an application for consolidation
of mooring, berthing, anchoring and docking facilities. The adjacent
lakeshore parcel owners shall include an affidavit with the site plan
application that they acknowledge that all claims and rights to additional
mooring, berthing, anchoring and docking facilities are extinguished
for the duration of such consolidation.
(5)
The site plan for the consolidated mooring, berthing, anchoring
and docking facilities shall remain in effect until either party withdraws
from the agreement by providing written notice to the Building and
Zoning Department and the adjoining lakeshore parcel owner participating
in the consolidation. Upon such notice, the site plan and consolidation
cease to exist and the two lakeshore parcels will be governed by the
provisions of this entire article.
(6)
When either or both lakeshore parcels change ownership, the new owners have the option of withdrawing from the consolidation according to Subsection F(5) above or continuing with the approved consolidation. If the consolidation will continue under new ownership, the new owner shall request in writing to the Building and Zoning Department office an update of the names of the lakeshore parcel owners in the consolidation.
G.
Waiver of setback requirements.
(1)
Multiple lakeshore parcel owners may apply for a waiver which
may allow placement of mooring, berthing, anchoring and docking facilities
that do not satisfy the setback requirements for such facilities by
submitting an application for site plan depicting all included lakeshore
parcels.
(2)
If an acceptable application is provided, the lakeshore parcel owners included in the site plan will not be limited to construction or placement of mooring, berthing, anchoring and docking facilities within their respective water rights lines, as set out in § 150-154A(1) through (5).
(3)
Any waiver shall not be considered a variance and shall not
convey any rights that run with the land or that are transferable.
(4)
A waiver shall apply only to interior water rights lines and
setback requirements for the lakeshore parcels included in the site
plan.
(5)
The two outside water rights lines of the lakeshore parcels included in the site plan shall be determined as set out in § 150-154A(1) through (5).
(6)
Acceptable methods to determine water rights lines interior
to the site plan include the round lake method (pie method; see Diagram
2[4]), the long lake method (see Diagram 3[5]), or any method acceptable to all participants in the
site plan.
[4]
Editor's Note: Diagram 2 is included at the end of this chapter.
[5]
Editor's Note: Diagram 3 is included at the end of this chapter.
(7)
The site plan may not in any way impede navigation, exclude
the public from lawful use of navigable water, or impact the water
rights lines of the adjoining nonparticipating lakeshore parcel owners.
(8)
The site plan application package will be submitted to the Code
Enforcement Officer for review by the Town of Livonia Joint Planning
Board and shall contain:
(a)
A site plan prepared by a New York State registered surveyor
licensed in accordance with New York State Education Law.
(b)
The site plan shall be drawn to scale and include a description
of existing and proposed mooring, berthing, anchoring and docking
facilities, showing at a minimum the names, addresses, lakeshore parcel
boundaries, tax map numbers and lineal feet of lakeshore for each
included lakeshore parcel. The site plan shall also show names, addresses,
parcel boundaries and tax map numbers of adjacent lakeshore parcel
owners not participating in the site plan application.
(c)
The site plan shall depict water rights lines, water depth at
the end of each dock, proposed setbacks and configuration of all mooring,
berthing, anchoring and docking facilities.
(d)
If the site plan includes any consolidation of mooring, berthing, anchoring and docking facilities, then it shall list the names of cooperating lakeshore parcel owners and designate which lakeshore parcel owners are extinguishing their rights and claims to placement of their own individual mooring, berthing, anchoring and docking facilities; provisions of § 150-154F will apply.
(e)
The site plan shall be accompanied by a certification that all
owners, lessees, occupants, easement holders, nonlakeshore access
grantees, and any other persons or entities with a legal or beneficial
interest in any existing or proposed mooring, berthing, anchoring
and docking facilities related to the site plan have been notified
of the application.
(f)
The limitations of this Article XVI are applicable to all parties who have a property interest in lakeshore parcels included in the site plan. Failure to notify any party with a property interest covered in the site plan may nullify any rights granted as a result of the site plan application and process.
(g)
The Town of Livonia Joint Planning Board review will be in accordance with the site plan review procedures of Article XIV.
(h)
The site plan shall remain in effect until any one or more of
the participants withdraw by providing written notice to the Building
and Zoning Department and the participating lakeshore parcel owners.
At the time of withdrawal, the site plan ceases to exist. The lakeshore
parcels that were participating in the site plan will then be subject
to and governed by the provisions of this entire article.
(i)
When any lakeshore parcel in the site plan changes ownership, the new owner has the option of withdrawing from the site plan according to Subsection G(8)(h) above or continue in the site plan. If the site plan will continue under new ownership, the new owner is responsible to request in writing to the Building and Zoning Department an update of the names of the parcel owners in the site plan.
A.
This Article XVI, entitled "Docks and Moorings," shall entirely replace any and all prior versions of the Docks and Moorings Law of the Town of Livonia.
B.
Due to the seasonal nature and usage of mooring, berthing, anchoring
and docking facilities in and around the waters of Conesus Lake, it
is specifically intended that such mooring, berthing, anchoring and
docking facilities located within the waters of Conesus Lake and the
territorial limits of the Town of Livonia shall not be considered
permanent structures.
C.
Due to their temporary nature, mooring, berthing, anchoring and docking
facilities shall not carry with them any rights that vest in the property
owner with regard to placement, length or configuration. Placement,
length, configuration and/or other elements relating to mooring, berthing,
anchoring and docking facilities shall be determined pursuant to the
provisions of this article and applicable New York State and federal
law.
D.
All conditional and/or special use permits granted prior to the effective
date of this article or under any prior version of the Docks and Moorings
Law are deemed to be null and void and of no effect at law after the
effective date of this article.
Lakeshore parcel owners aggrieved by the decision of the Code
Enforcement Officer may appeal the decision to the Livonia Joint Zoning
Board of Appeals pursuant to § 267-a of the Town Law. The
Livonia Joint Zoning Board of Appeals may grant a variance to the
provisions of this article. Dimensional criteria for the placement
of mooring, berthing, anchoring and docking facilities may be varied
in accordance with the applicable requirements of New York State statute.
Under no circumstances shall a variance be granted that permits the
number of mooring, berthing, anchoring and docking facilities or boats
to exceed that which is allowed under this article.
Any mooring, berthing, anchoring and docking facilities placed
in violation of this article shall be removed upon direction of the
Code Enforcement Officer, whether or not an appeal or application
for site plan is pending.
A violation of this article is an offense punishable by a fine
not exceeding $500 or imprisonment for a period not to exceed 15 days,
or both a fine and imprisonment. Each week's continued violation shall
constitute a separate additional violation as provided in § 268
of the Town Law, and the Town officials shall have the powers and
may exercise all privileges as herein provided.
Wherein a violation of this article occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and immediately investigate the report thereon. See also § 150-154A(7) and (8) for complaint documentation and complainant's responsibility.
If any portion of this article and/or any amendments made hereto
are held unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this article and amendments made hereto shall not
be affected and shall remain in full force and effect.
