[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 1-14-1998 by L.L. No. 1-1998.[1] Amendments noted where applicable.[2]]
GENERAL REFERENCES
Boating — See Ch. 49.
Coastal erosion hazard areas — See Ch. 66.
Environmental quality review — See Ch. 76.
Fees and deposits — See Ch. 82.
`
[1]
Editor’s Note: The local law also superseded former
Ch. 70, Docks and Floats, adopted 3-28-1995 by L.L. No. 4-1995.
[2]
Editor’s Note: A six-month moratorium on applications, approvals, and/or construction or installation of docks, floats, piles and boat lifts was adopted 10-23-2018 by L.L. No. 2-2018. According to said local law, it was enacted as a stop-gap measure pending review and study of this Chapter 70. A complete copy of the local law is on file in the Village offices.
A.
The Board of Trustees is concerned that the indiscriminate
placement of docks, including structures, fixtures or mechanisms appurtenant
thereto, such as boat lifts, support piles and the waters off the
village coastline may impact the environmentally sensitive coastal
areas and may otherwise be of danger to people walking the coastline
and people and vessels using the coastal waters within the village.
The Board finds that some level of uniformity in the placement, construction
and maintenance of docks within the village is necessary and desirable
in order to properly protect both the environmentally sensitive coastal
areas and the rights and interests of the village residents and the
public at large.
B.
The Board of Trustees also finds that, because docks,
including structures, fixtures or mechanisms appurtenant thereto,
can be seen from adjacent properties and upon waters within the village,
they may impact the scenic and aesthetic values and the physical and
visual qualities of the environment and properties within the village.
This is particularly true with respect to boats lifts and other similar
structures and mechanisms which are used not only to raise, but to
store, boats above the water surface.
C.
The Board of Trustees further recognizes and finds
that it and other governmental authorities are obligated to preserve
and protect the coastal areas and waters within the village.
D.
Accordingly, it is the intent of this chapter to regulate
the construction and maintenance of docks, including structures, fixtures
or mechanisms appurtenant thereto, such as boat lifts, support piles
and mooring piles, in a manner that will preserve and protect the
coastal areas and waters within the village as well as the scenic
and aesthetic values and the physical and visual qualities of the
environment and properties within the village, and otherwise promote
the health, safety and general welfare of the village and its residents.
As used in this chapter, the following words
or phrases shall have the following meaning:
A roofed accessory structure, sometimes located at the seaward
end of a dock or float, used to protect vessels or other watercraft
from the weather.
A structure or mechanism used to raise and/or store a vessel or other watercraft above the water surface. A boat lift may not be constructed or installed unless it is approved by the Board of Zoning Appeals in accordance with § 70-13 hereof.
Any structure, except a building, positioned parallel to
the shore, the primary function of which is to retain soil or other
material from eroding into a waterway or to protect the land from
wave damage.
The mean sea level or average height of the sea in accordance
with Nassau County Datum.
Any permanent or seasonal structure extending over the water's
surface designed to secure vessels and/or provide access from the
shore to a body of water. The term shall include fixed docks, floating
docks, ramps and floats, and all structures, fixtures or mechanisms
appurtenant thereto, such as boat lifts, support piles and mooring
piles.
Repairs which must be undertaken immediately in order to
protect life or property from the immediate and imminent threat of
fire, flood, storm or other natural disaster. Repairs that include
enlarging or extending an existing structure shall require a permit
and shall not constitute emergency maintenance work. Any form of dredging
or depositing of material shall not be considered emergency maintenance
work and shall require a permit.
A dock that is generally anchored, on pilings, to the underwater
land, and that allows for the flow of water beneath the decking.
Any structure, buoyant on the water surface, extending seaward
affixed and secured in place to the shore, a bulkhead, a dock or piling,
whose purpose is to berth and secure vessels and provide a means of
access to and from the shore. The term "float" includes a floating
dock.
The mean height of tidal high waters averaged over a period
of 19 years based upon readings from gauging stations maintained by
the United States Department of Commerce, National Ocean Survey.
An anchor connected to a float by means of a chain or other
type of line, to which a boat may be attached in lieu of a dock.
[Added 4-16-2019 by L.L.
No. 3-2019]
A pole or post not connected or attached in any way to a
dock or any structure, fixture or mechanism appurtenant thereto, which
is secured to the underwater land and protruding above the water surface,
the principal purpose of which is to secure a vessel.
Water having a depth of at least four feet at mean low water
as defined by Nassau County Datum.
Any individual, firm, partnership, corporation, association
or other entity.
A structure used to gain access from a bulkhead, dock or
platform to a float. The term "ramp" shall include a floating ramp.
A pole or post, secured to underwater land and protruding
above the water surface, the principal purpose of which is to secure
a fixed or floating dock, ramp or float, or any structure, fixture
or mechanism.
Area landward of the mean high-water line as defined by Nassau
County Datum.
This chapter shall apply to all areas of the
waters within the jurisdiction of the Incorporated Village of Sands
Point.
A.
No dock, or structure, fixture or mechanism appurtenant
thereto, such as a boat lift, shall be constructed, erected, enlarged,
installed, altered, reconstructed or maintained on any waterfront
property or in or upon any body of water adjacent thereto without
a permit issued by the Building Department. Said permit shall not
be issued without the prior written approval of the Board of Zoning
Appeals evidencing that the application has been reviewed and approved
by said Board.
B.
No permit shall be required for the performance of
ordinary repairs.
Existing docks constructed or installed prior
to the adoption of L.L. No. 4-1995[1] shall be exempted from the requirements of this chapter for a period of three years from the adoption of L.L. No. 4-1995. On or before the third anniversary of the adoption of L.L. No. 4-1995, the owner of an existing dock constructed or installed prior to the adoption of L.L. No. 4-1995, shall apply for, and obtain, a permit in accordance with § 70-20 hereof.
A.
The Board of Zoning Appeals shall have jurisdiction
over all applications for permits issued pursuant to this chapter.
B.
The Board of Zoning Appeals shall also have jurisdiction to consider
applications for variances from the requirements of the chapter except
that a variance application in the Long Island Overlay District shall
be considered and governed by the use variance standards of New York
State Village Law Section 7-712-b2.
[Amended 4-16-2019 by L.L. No. 3-2019]
A.
A request for a permit for the construction or reconstruction of a structure pursuant to this chapter shall be made in writing on forms provided by the Village Clerk and shall be accompanied by the required fees and deposits as set forth in Chapter 82 of the Village Code.
B.
The application shall be executed and filed by the
owner of improved residential property immediately abutting the mean
high-water mark at the place where the dock is proposed to be constructed
or reconstructed.
C.
The application shall be accompanied by a complete
set of plans and specifications prepared by a registered professional
engineer licensed by the State of New York. The location of the proposed
structure shall be clearly indicated on the plans. The location of
any docks and/or floats on adjoining properties shall also be shown
on site plan drawn to scale. Underwater soundings in the area of the
proposed dock and float shall be undertaken and shown on the plans.
D.
The application shall be accompanied by an affidavit
by the owner/applicant that there is no prior unpermitted construction
on the proposed site. Any such unpermitted construction or prior applications
shall be fully disclosed in the affidavit. The Village Clerk may reject
any application which is not accompanied by the appropriate affidavit.
A decision of the Village Clerk to reject any application which is
not accompanied by the appropriate affidavit may be appealed to the
Board of Zoning Appeals.
E.
The application shall be accompanied by a Full Environmental
Assessment Form.
A.
The State Environmental Quality Review Act (SEQRA) and Chapter 76 of the Village Code, entitled "Environmental Quality Review," shall be adhered to in the issuance of all permits.
B.
Any structure covered by this chapter situated in
an area designated as a critical environmental area shall be automatically
classified as a "Type I action" as that term is defined in SEQRA.
(See Part 617 of Title 6 NYCRR.)
The Village's Coastal Erosion Hazard Areas Law (Chapter 66 of the Village Code) shall be adhered to in the issuance of a permit pursuant to this chapter.
It shall be applicant's sole responsibility
to fully comply with the requirements of all governmental agencies
having regulatory jurisdiction, including but not limited to the New
York State Department of Environmental Conservation and the United
States Army Corps of Engineers. That is, no provision of this chapter
shall relieve a person from complying with the provisions of any applicable
federal, state or local laws, rules or regulations which may be in
addition to the requirements, rules and regulations set forth herein.
No dock shall be constructed, erected, enlarged,
installed, altered or reconstructed, unless it shall comply with the
following standards and regulations:
A.
There shall be only one dock per improved building
lot. There shall be only one float per improved building lot. Either
or both shall be used exclusively for recreational, noncommercial
purposes and shall be considered accessory structures to the principal
dwelling and shall be included in the calculation of combined coverage
of a lot, as if they were located on the ground and within the footprint.
B.
The improved building lot from which a dock shall
extend shall have a minimum of 75 feet of shoreline frontage.
C.
A dock or float shall be setback from a side property
line or its seaward extension a distance equal to 1/3 of the shoreline
frontage of the improved building lot or 30 feet, whichever is greater.
D.
The maximum overall length of a dock shall not exceed
a length greater than required to reach navigable water depth or 200
feet measured from the mean high-water line to the seaward terminus
of a dock, whichever is less, subject to the rights of the public,
if any, for the use of underwater lands to obtain natural resources
and use of waterways for navigation, recreation and swimming. Notwithstanding
the above, the seaward terminus of a dock shall not extend to within
a distance of 50 feet of any federally or locally designated channel,
vessel accessway, fairway or anchorage.
E.
A dock or float shall be made of wood or other suitable
material approved by the Board of Zoning Appeals. Planking shall be
spaced with one-half-inch gaps. No solid decks shall be permitted.
Any wood timbers or pilings used in the construction of the dock or
float that are treated with preservatives shall be approved by the
Village Engineer prior to use.
F.
A dock shall be no wider than six feet at any point,
except that the float portion may be no wider than 12 feet. A float
shall be located to the seaward end of a dock and shall be no larger
than 300 square feet in total area.
H.
A float may be oriented either in line with the dock
or in an "L" or "T" configuration. No float shall rest on any underwater
lands during ebb or mean low water or on any intertidal, tidal or
subtidal vegetation.
I.
The decking of the dock shall not be more than eight
feet above mean high water. The decking of a float shall not be more
than 18 inches above the calm, wave-free water level.
J.
Lighting on any dock shall be of a type which will
not be confused with navigation lighting, shall meet United States
Coast Guard standards and shall not produce offensive glare when viewed
from land or water.
K.
A short ramp or stairway leading from a pile or structurally
supported landing is permissible if it is necessary to provide access
from above a seawall, cliff or other elevation. The landing shall
not be greater than eight feet wide and eight feet long and shall
be built as close as possible to the cliff, wall and elevation.
L.
No dock shall be permitted if, in the judgment of
the Board of Zoning Appeals, it would unreasonably impede, obstruct
or interfere with navigation, the rights of adjoining property owners,
the public use of or passage along the foreshore or the waterway or
significantly damage the environment.
A.
If a proposed dock does not comply with this chapter
in some respect, the Board of Zoning Appeals may grant a variance
and direct that such permit be issued, if it determines that, on balance,
the benefit to the owner/applicant outweighs the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making this determination, the Board shall consider:
(1)
Whether an undesirable change will be produced in
the character of the surrounding area or a detriment to nearby properties
will be created by the granting of the proposed variance;
(2)
Whether the benefit sought by the owner/applicant
can be achieved by some method, feasible for the owner/applicant to
pursue, other than the proposed variance;
(3)
Whether the proposed variance is substantial;
(4)
Whether, and to what extent, the proposed variance
will have a substantial adverse effect or impact on the physical or
environmental conditions of the surrounding area; and
(5)
Whether the practical difficulty or hardship which
forms the basis for the proposed variance was self-created; however,
a finding that the need for the proposed variance was self-created
shall not preclude the granting of the proposed variance.
B.
The Board of Zoning Appeals, in the granting of variances,
shall grant the minimum variance that it shall deem necessary and
adequate.
C.
The Board of Zoning Appeals shall only consider and grant any variance
application in the Long Island Sound Overlay District under the standards
for granting a use variance under the standards of New York State
Village Law Section 7-712-b2.
[Added 4-16-2019 by L.L.
No. 3-2019]
A boat lift may not be constructed, erected,
enlarged, installed, altered or reconstructed, unless the Board of
Zoning Appeals affirmatively finds:
A.
That the proposed boat lift will not have a substantial
adverse effect or impact on the character of the surrounding area
or the scenic and visual qualities of nearby properties;
B.
That the proposed boat lift will not have a substantial
adverse effect or impact on the physical or environmental conditions
of the surrounding area;
C.
That the benefit sought by the owner/applicant cannot
be achieved by some method, feasible for the owner/applicant to pursue,
other than the proposed boat lift; and
D.
That the approval of the proposed boat lift is consistent
with the good order, peace, health, safety and general welfare of
the village and its residents.
The Board of Zoning Appeals may impose reasonable
conditions and restrictions as are directly related to and incidental
to the construction or installation and proposed use of a dock and
structures, fixtures or mechanisms appurtenant thereto. Such conditions
shall be consistent with the spirit and intent of this chapter, and
shall be imposed for the purpose of minimizing any adverse impact
a dock, and structures, fixtures or mechanisms appurtenant thereto,
may have on the surrounding area.
A.
An owner, who shall erect, cause to be erected or maintain any dock or float pursuant to this chapter shall keep such dock or float in good repair and condition at all times so that it will not become a menace to navigation, to persons using the same or to the environment, and he shall maintain in force the insurance required by § 70-17 hereof. In addition, the owner shall at all times ensure that the dock or float is maintained in a structurally sound manner such that it will not present a physical danger or threat of harm to persons or property.
B.
Where the Building Commissioner determines that there has been a violation of Subsection A hereof, he shall cause a notice to be issued to the owner. Said notice shall:
(2)
Specify the nature of such violation.
(3)
Inform said owner that should he disagree with the
conclusion of the Building Commissioner as to the violation, he shall
have 21 days from the mailing of the notice to request a hearing of
the matter before the Village Board of Zoning Appeals.
(4)
Inform said owner that if he fails to cure the violation
within 21 days of the mailing of the notice, the Building Department
may either perform the work required or cause it to be performed to
cure the violation or may remove or cause the dock to be removed.
The notice shall further state that the costs of curing the violation
shall be the sole expense of the owner.
C.
Any notice required pursuant to this chapter shall
be given as follows:
D.
In the event that the owner appeals the determination of the Building Commissioner that the dock is in violation of Subsection A hereof, to the Board of Zoning Appeals, said appeal shall be made in writing on forms supplied by the Village Clerk. In such event, the Board of Zoning Appeals shall conduct a hearing of which the owner and the adjoining property owners shall be given 10 days' notice by the Village Clerk. Prior to the hearing, the Board of Zoning Appeals may require that an Assistant Building Inspector and/or the Village Engineer inspect said dock or float and report his findings to the Board.
E.
In the event that the Board of Zoning Appeals finds
that said dock or float has not been kept in good repair and condition
at all times such that it has become a menace to navigation, to persons
using the waters or to the environment and/or finds that the dock
is not being maintained in a structurally sound manner such that it
will not cause physical danger to persons or property, the Board may
revoke such permit and direct the removal of the structure.
A.
Emergency maintenance work to be performed by the
owner of an existing structure, shall be authorized by the Building
Commissioner or his designee within the Building Department without
the need for prior review by the Board of Zoning Appeals.
B.
The owner shall submit a letter to the Building Department
describing the work to be performed and the urgency of performing
it without the reviews and safeguards provided by this chapter. Within
30 days of the authorization to proceed with emergency maintenance
work, the owner shall apply to the village for a modification of the
dock or float permit to reflect the emergency maintenance work performed.
C.
Repairs that include enlarging or extending an existing
structure shall require a permit. Any form of dredging or depositing
of material shall not be considered an emergency and shall require
a permit.
[Amended 7-28-1998 by L.L. No. 8-1998]
A.
Prior to the issuance of a permit, the applicant shall
agree, in writing, to indemnify and hold the Incorporated Village
of Sands Point harmless against any claim of liability or loss, including
the cost of defense, for personal injury or property damage resulting
from, caused by or relating to a permitted structure, except, however,
such claims or damages as may be due or caused by the sole acts of
the Incorporated Village of Sands Point.
B.
Applicants are also requested to submit a certificate
of insurance, naming the Incorporated Village of Sands Point as an
additional insured, evidencing a policy of insurance that protects
the public from bodily injury or property damage sustained as a result
of the use of a permitted structure. Such policy shall contain a minimum
combined single liability limit (bodily injury and property damage)
of $1,000,000 and be issued by an insurance carrier that is licensed
to do business in the State of New York and has an A.M. Best rating
of at least "A IX."
Upon compliance with all provisions of this
chapter, and the adoption of a resolution by the Board of Zoning Appeals
evidencing that the application has been reviewed and approved, a
permit for the construction or reconstruction of a structure under
this chapter may be issued upon approval by both the Building Commissioner
and, where necessary, the Village's Coastal Erosion Hazard Area Administrator.
A.
A permit issued pursuant to this chapter shall be
valid for five years from the date of issuance.
B.
A permit shall expire unless prior to its expiration
an application for renewal, together with the applicable fees and
deposits, has been submitted to the Village Clerk.
C.
A renewal application shall be filed at least 60 days
before the expiration of an existing permit and shall include:
(1)
An affidavit by the owner evidencing that the dock
is in the approved location and has been and will continue to be properly
maintained.
(2)
An updated survey of the property showing the location
of the existing dock, if requested by the Building Department.
(3)
Photographs of the existing dock.
(4)
A written opinion by an engineer licensed to practice
in the State of New York that the existing dock is structurally sound
and does not present a physical danger or threat of harm to persons
or property.
D.
Upon receipt of a renewal application, an inspection
shall be made by the Building Department or Village Engineer who shall
report to the Board of Zoning Appeals on the structural integrity
of the dock.
[Amended 3-23-1999 by L.L. No. 1-1999]
E.
If the Board of Zoning Anneals finds, based upon the
information submitted in support of a renewal application and the
aforesaid inspections, that the dock remains in the approved location,
is being properly maintained and is structurally sound such that it
does not present a physical danger or threat of harm to persons or
property, the Board may grant a renewal of the permit for an additional
five-year period, without the need for a public hearing.
F.
If the Board of Zoning Appeals finds, based upon the
information submitted in support of a renewal application and the
aforesaid inspections, that the dock is not in the approved location
and/or is not being properly maintained and/or is not structurally
sound such that it presents a physical danger or threat of harm to
persons or property, the Board shall place the application on its
agenda for a public hearing.
A.
An application for an initial permit for an existing
dock constructed prior to the adoption of L.L. No. 4-1995[1] shall include:
(1)
An affidavit by the owner evidencing that the dock
is in the approved location and has been and will continue to be properly
maintained.
(2)
A survey of the property showing the location of the
existing dock.
(3)
Photographs of the existing dock.
(4)
A written opinion by an engineer licensed to practice
in the State of New York that the existing dock is structurally sound
and does not present a physical danger or threat of harm to persons
or property.
B.
Upon receipt of an application for an initial permit
for an existing dock constructed prior to the adoption of L.L. No.
4-1995, two members of the Board of Zoning Appeals shall inspect the
dock to determine its condition and report their findings to the Board
of Zoning Appeals. Inspections shall also be made by the Building
Department and Village Engineer who shall report to the Board of Zoning
Appeals on the structural integrity of the dock.
C.
If the Board of Zoning Appeals finds, based upon the
information submitted in support of an application for an initial
permit for an existing dock constructed prior to the adoption of L.L.
No. 4-1995 and the aforesaid inspections, that the dock is structurally
sound such that it does not present a physical danger or threat of
harm to persons or property, the Board may issue a permit without
the need for a public hearing.
D.
If the Board of Zoning Appeals finds, based upon the
information submitted in support of an application for an initial
permit for an existing dock constructed prior to the adoption of L.L.
No. 4-1995 and the aforesaid inspections, that the dock is not structurally
sound such that it presents a physical danger or threat of harm to
persons or property, the Board shall place the application on its
agenda for a public hearing.
No permit shall be required for the removal
or demolition of any dock or pilings. However, prior written notice
of dock or pilings removal or demolition shall be provided to the
Building Department, and the current permit shall be surrendered.
Under no circumstances shall the removed or demolished dock or pilings
be left in a condition which could cause any interference or hazard
within the waterway or cause any environmental harm.
[Amended 4-16-2019 by L.L. No. 3-2019]
A.
A violation of this chapter is hereby declared to be an offense punishable
by a fine not exceeding $10,000 or imprisonment for a period not to
exceed six months, or both. Each day's continued violation shall constitute
a separate, additional violation.
B.
In addition to an action to recover the fines or penalties as provided in Subsection A hereof, the Village may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce any provision of, this chapter.
C.
Any person who has been convicted of a violation of the regulations
pertaining to a permanent mooring permit shall have any current permanent
mooring permit revoked and may not be permitted to apply for or to
receive any permits for a period of two years.
