General definitions. As used in this chapter, the following terms
shall have the meanings indicated:
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.
DOCK
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.
EASEMENT/RIGHT-OF-WAY
The right of one person, of several persons, or of the community
at large to pass over or have access to the land of another.
HOIST
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.
LAKESHORE PARCEL
A parcel of land contiguous to and bordering the waters of
Conesus Lake.
LAKESHORE PARCEL OWNER
The person or persons having title in fee to a parcel of
land that is contiguous to and bounds the waters of Conesus Lake.
LINEAL FEET OF LAKESHORE
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 §
74-4A(2) determines lineal feet of lakeshore (see Diagram 1).
LONG LAKE METHOD
A geometric method of adjusting water rights lines. See Diagram
3 for a graphic description of this method.
MEAN HIGH WATER (MHW)
The approximate average high-water elevation for Conesus
Lake. For the purpose of this chapter, 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.
MOORING, BERTHING, ANCHORING AND DOCKING FACILITIES
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 the shore or affixed to the bottom of the lake and the shore.
ROUND LAKE METHOD
A geometric method of adjusting water rights lines (also
known as "pie method"). See Diagram 2 for a graphic description of this method.
SHARED ACCESS
Access such that when a 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, thereby providing rights
of access to the waters of Conesus Lake to such non-lakeshore parcel(s),
which may or may not additionally include the right to place a dock
and/or to dock, moor or anchor a boat. Such shared access shall be
via deed, easement or prescriptive rights and must be recorded prior
to October 5, 2004.
WATER RIGHTS LINES (WRL)
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 chapter, with respect to a particular parcel or parcels. The methods for establishing water rights lines are found in §
74-4A(1) through
(5).
WHARF
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.