[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 9-20-2002 by L.L. No. 10-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and parks — See Ch. 36.
Boats — See Ch. 40.
Docks — See Ch. 53.
Waterways — See Ch. 128.
[1]
Editor's Note: This local law also repealed
former Ch. 90, Mooring, adopted 5-10-1996 by L.L. No. 8-1996, as amended.
This chapter shall be known as the "Town of
Shelter Island Moorings Law."
[Amended 6-2-2006 by L.L. No. 5-2006]
The purpose of this chapter is to maintain and
permit the just and orderly placement of moorings and stake, mooring
and pulley systems in the Shelter Island Town waters. The Town currently
has issued 862 mooring permits and is issuing these permits at the
rate of approximately 50 per year. One area of Town waters currently
has a waiting list for moorings, and there is a moratorium on issuance
of moorings in another area. The Town's creeks and bays are reaching
the maximum capacity for moorings, when balanced against the competing
needs for open water for recreational use and fairways for navigation
of boats. A gridded mooring area system is being instituted to maximize
the use of the waterways. Because of the limited availability of mooring
space, mooring permits will be for Shelter Island residents only.
Therefore, permits will be revoked when a permittee is no longer a
resident. Moorings for nonresidents can be obtained at a number of
commercial establishments. Fees collected herein will be used to cover
costs associated with the administration and operational services
and facilities related to enforcement of this chapter in Town waters.
This chapter is adopted as a local law pursuant
to the authority of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meanings indicated:
Any floating object capable of carrying people as a means of transportation in water, including any airplane capable of landing on water as well as any floating structure, not otherwise considered to be part of a dock structure as defined in Chapter 53, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed devices located above or below mean high-water mark.
A commercial facility having the primary function of building,
repairing and/or maintaining vessels, with or without provision for
sales of food and beverages, general supplies, fuel, vessels and equipment,
rental of space for berthing or storing vessels, and/or the rental
of commercial moorings.
Water areas specifically reserved for unobstructed movement
of vessels and which are marked by aids to navigation permitted by
the U. S. Coast Guard and/or the State of New York and/or the Town
of Shelter Island.
The fitting or device through which the mooring line first
passes onto the vessel.
A Town-registered mooring that is rented out by a boatyard,
marina, yacht club or commercial entity, which business must be located
on the waterfront. Rental of stake, mooring and pulley systems is
prohibited.
[Added 7-9-2010 by L.L. No. 8-2010]
Includes a boat or vessel which is registered as a commercial
vessel with New York State or the U. S. Coast Guard and/or whose owner
has a commercial fishing or commercial shellfishing license.
Any designated and/or maintained waterways area reserved
exclusively for unobstructed transit of vessels through waters unencumbered
by navigational hazards or reserved for other purposes; and, including
those waters extending not less than 25 feet parallel to and outside
of each side of any federally designated navigational channel.
A mooring used by a boatyard or marina for temporarily securing
a vessel before its hauling or launching, and not for rental purposes.
A commercial waterfront facility having the primary function
of providing rental space for berthing vessels, with or without provision
for sales of food and beverages, general supplies, fuel, boats and
equipment, vessel repairs and maintenance, and the rental of commercial
moorings.
When used as a verb, shall mean the attachment of or to attach
a vessel to the ground by means of tackle previously placed and so
designated that upon disconnection of a vessel from said tackle a
buoyed part of the tackle remains attached to the ground and is not
taken under control of the vessel. When used as a noun, it shall mean
any assembly consisting of a mooring buoy together with an anchor
or its equivalent, and lines of any material connecting the two for
the purpose of mooring a vessel.
An area of waterways reserved for exclusive occupancy by
moored vessels.
A configuration of mooring placements within a mooring field,
such configuration designed to optimize the utilization of area within
the mooring field.
Includes the person or persons in whose name a boat or vessel
is registered with a state, or documented with the U. S. Coast Guard,
or in any case, the last known person claiming lawful possession of
such vessel, either through legal title or equitable interest therein.
Also includes a person who leases or charters a boat for a period
of not less than three years from the date of application for a Town
mooring permit.
[Amended 6-2-2006 by L.L. No. 5-2006]
The length of chain, rope and other connecting lines between
the anchor and the chock of the vessel being moored.
A person holding a valid mooring permit.
Any individual, firm, partnership, trust, corporation, company,
association, or organization.
Includes all boats or vessels other than commercial, governmental
or institutional vessels.
A mooring used for a specifically identified vessel owned,
leased or chartered by the person in whose name the mooring is registered
with the Town.[1]
Includes any person who has resided in the Town of Shelter
Island for a period of not less than six months immediately preceding
an application for a permit hereunder or who is the owner of real
property in the Town, or in the case of an organization, where the
majority of owners or beneficiaries are residents.
The right of an owner of waterfront property to reasonable
access to navigable waterways.
A private mooring, belonging to a waterfront property owner,
the use of which is not limited to a specifically identified vessel.
Only one riparian mooring is permitted to a waterfront property owner.
[Amended 6-2-2006 by L.L. No. 5-2006]
Usually expressed as the ratio of the pennant length to water
depth at specified tidal elevation, the water depth including height
of chock above water surface and often a provision for storm surge.
A system consisting of an in-ground or equivalent stake above
the mean high-water mark or on a bulkhead and a mooring in immediately
adjacent waterways, both connected by lines and pulleys.
[Amended 6-2-2006 by L.L. No. 5-2006]
The Town of Shelter Island.
The Town Board of the Town of Shelter Island.
The Town Clerk of the Town of Shelter Island.
All waters below the mean high-water mark over which the
Town of Shelter Island has jurisdiction.[2]
A roster, in chronological order, of qualified candidates
for a mooring permit, reflecting priority entitlements as provided
herein, who seek a specific location within a given area prescribed
for that purpose, when the sought after area does not offer a vacancy.
A marker which replaces a mooring buoy and which bears the valid permit number as prescribed in this Code Chapter 90.
A.
Any person applying for a permit under this chapter
must own a vessel, or have leased or chartered same for at least three
years from the date of permit application, must be a resident and
be at least 16 years of age, or as otherwise provided in this chapter.
B.
No person may install a mooring or a stake, mooring
and pulley system in any Town waters without obtaining a permit from
the Town Board. A public hearing shall be held prior to issuance of
a permit for a stake, mooring and pulley system or a mooring which
is not within a gridded area. A separate application shall be required
for each mooring or stake, mooring and pulley system.
[Amended 6-27-2003 by L.L. No. 9-2003]
C.
Application for moorings or stake, mooring and pulley
systems shall not be accepted for the following types of boats:
(1)
Boats less than 12 feet in length.
(2)
Personal watercraft, including but not limited to
jet skis and the like.
(3)
Sunfish, surfboards, wind surfers, and similar board
boats.
(4)
Canoes, kayaks, rowing shells and paddle boats.
(5)
Duck boats and duck blinds.
(6)
Floating dry docks and similar non-self-propelled
vessels.
(7)
Boats or vessels used as a permanent dwelling.
(8)
Boats similar in design to the foregoing.
D.
Mooring fields and mooring grids shall be established
by Town Board resolution that defines the location and perimeter of
each within Town waters.
[Amended 6-2-2006 by L.L. No. 5-2006]
(1)
A qualified applicant for a mooring permit in a gridded
mooring field shall submit the required application form and attachments
to the Town Clerk, at which time the applicant will select a vacant
location suitable for the vessel to be moored, and enter that location
onto the permit application. The permit will be issued by Town Clerk
authority within 10 days, without Town Board or public hearings on
the application, unless the Town Clerk requests Town Board intervention.
(2)
Waiting lists.
(a)
A waiting list, reflecting priority guidelines as given in this Chapter 90 where appropriate, shall be established and maintained by the Town Clerk for each designated mooring field wherein no vacancies exist. Applicants seeking a permit to place a mooring in a mooring field where there is no vacancy may enter their names onto the waiting list for their specific vessels, upon payment of a nonrefundable, nontransferable, calendar year fee in the amount prescribed by Town Board resolution.
(b)
To remain on the waiting list in subsequent calendar
years, a renewal application fee as prescribed by Town Board resolution
must be paid to the Town Clerk prior to April 1 of each year. Late
or new payments relegate the applicant to the bottom of the waiting
list, as does a request for a change in location.
(c)
A position on a given waiting list does not preclude
the application for a mooring permit for the same vessel at another
location, nor continuation of the listing if a permit is granted for
the specific vessel elsewhere. However, no fractional year waiting
list fee or mooring fee credit or refund will be allowed for award
of a permit to a waiting list vessel or transfer of mooring location
at the owner's discretion.
E.
Waiting lists for nongrid areas may be established
from time to time by resolution of the Town Board, and shall follow
the rules prescribed above.
F.
Applications for permits shall be available from the
Town Clerk's Office, and shall require the following information and
attachments:
(1)
Vessel owner's name, primary residence, Shelter Island
and mailing addresses, and contact phone number.
(2)
Description of the specific vessel to be moored (not
required for riparian owner mooring):
(3)
Attestation to compliance with the no-discharge requirements
for any boat allowed to use the mooring.
(4)
Proof of ownership per copy of vessel registration,
bill of sale, documentation certificate or, if not so registered,
copy of equivalent proof of ownership or lease or charter agreement
that extends for at least three years from the date of permit application.
(not required for riparian owner mooring).
(5)
Attached application fee as established by Town Board
resolution.
(6)
GPS latitude and longitude designation of the vacant
location chosen by the applicant in a gridded mooring field. In a
nongridded mooring field, the applicant must submit a sketch and description
of the desired location in other mooring areas in a form acceptable
to the Town Board, as well as the GPS latitude and longitude position
of the proposed mooring.[1]
[1]
Editor's Note: Former Subsection F(7), which
required a special application for placement of a mooring in a location
prescribed for a larger vessel than the applicant's, and which immediately
followed, was repealed 6-2-2006 by L.L. No. 5-2006.
G.
Mooring permits shall contain the following conditions:
(1)
The permit holder is responsible for installing and
maintaining the appropriate mooring tackle to adequately secure the
boat to the mooring.[2]
[2]
Editor's Note: Former Subsection G(2), which
required a permittee to guarantee that pennants of moorings not exceed
maximum length, and which immediately followed, was repealed 6-2-2006
by L.L. No. 5-2006.
H.
Moorings must be accurately placed before July 1 or
within nine months of permit issuance, whichever is sooner, and properly
maintained at the location specifically permitted by the Town Board
or by Town Clerk assignment as applicable. All moorings must adhere
to the following rules:
(1)
A mooring not at its prescribed location shall be
deemed off-station.
(2)
Use of an off-station mooring shall constitute illegal
anchoring of a vessel in Town waters, with consequent penalties as
prescribed in the Town Code.
(3)
All winter stakes must be removed from the water,
and the mooring marked with a buoy, between July 1 and Labor Day.
I.
Boatyards and marinas may apply for a maximum of two
holding mooring permits.
J.
Only one Town permit shall be issued for each vessel.
Included in this requirement are stake, mooring and pulley systems
and dock permits issued for the Town dock at Congdon's Creek. Preexisting
multiple permits for the same boat will not be allowed.
[Amended 6-2-2006 by L.L. No. 5-2006]
K.
Revenues collected hereunder shall be applied primarily
to the administrative expenses of this chapter, and to projects and
services associated with the management, protection and enhancement
of Town waters and Town-owned underwater lands.
L.
Upon approval of the mooring application by the Town Board or its authorized representative as provided for in this Code Chapter 90, the Town Clerk shall issue a one-year permit.
[Amended 12-6-2022 by L.L. No. 12-2022]
M.
Notwithstanding the foregoing, the Town Board reserves
the right to require a permit holder of a mooring or stake, mooring
and pulley system to relocate a mooring if it determines after a public
hearing that there are compelling reasons requiring a relocation.
If there is no available alternate location, the permit holder will
be offered top priority on the waiting list of his/her choice.
N.
In the event that the permittee is a business which
is conveyed, any commercial mooring permits held by that business
shall not be assigned or transferred to the new owner without approval
of the Town Board after a public hearing, who shall give due consideration
to, among other things, all the factors listed for consideration for
new commercial mooring applications.
[Amended 7-9-2010 by L.L. No. 8-2010]
O.
Acceptance of a permit shall constitute an agreement
that the permittee will hold the Town of Shelter Island and its authorized
representative completely blameless for any liability in connection
with the mooring of his boat or vessel; nor shall the Town be responsible
for the loss, theft or damage to boats and/or their contents nor damage
to any other private property caused by moored boats.
P.
A permittee must notify the Town Clerk of any change
in the boat to be placed on the mooring or stake, mooring and pulley
system within seven days of the change, and must submit an updated
application to the Town Clerk, including a copy of the new boat registration/documentation/charter
agreement as well as a photograph of the changed vessel. The Town
Clerk shall pass that information to the Waterways Committee for a
determination whether the mooring location is suitable for a boat
of this size and configuration. Upon a recommendation from the Waterways
Committee, the Town Clerk will accept the change. If the Waterways
Committee cannot recommend the change, that matter will be referred
to the Town Board for determination after a public hearing.
[Amended 10-22-2004 by L.L. No. 16-2004]
Q.
It is a violation of this chapter for any mooring
or stake, mooring and pulley system to be maintained in Town waters
without a valid permit issued by the Town Board or not in full compliance
with all the provisions of this chapter.
[Amended 6-2-2006 by L.L. No. 5-2006]
R.
For commercial
mooring applications, the Town Board shall consider the following
criteria and amenities provided by the applicant in determining whether
or not the permit shall be granted:
[Added 7-9-2010 by L.L. No. 8-2010]
(1)
Adequacy
of parking facilities;
(2)
Availability
of restroom and shower facilities;
(3)
Presence
of a dinghy dock and/or availability of launch service;
(4)
Availability
of trash receptacles;
(5)
Availability
of a pump-out station;
(6)
Availability
of a fuel spill response kit;
(7)
Proximity
of a waterfront facility to the proposed mooring;
(8)
Impact
of mooring on the safety of the public;
(9)
The
condition of marine life;
(10)
The
availability of mooring space as it may exist in that location;
(11)
Town
landings or private residences should not be used as the access points
to commercial moorings.
A.
A permit may be renewed for an additional one-year
term without Town Board approval in accordance with the following:
[Amended 12-6-2022 by L.L. No. 12-2022]
(1)
The Town Clerk shall notify the permittee by first
class mail at least three months prior to the expiration date of a
valid permit of the need to renew said permit prior to its expiration
date, per an enclosed blank permit application form.
(2)
The permit may be renewed only within the three months
prior to the end of the permit term. If the application for renewal
and accompanying fee are not submitted on or before the expiration
date of the existing permit, the existing mooring permit shall be
considered null and void on the expiration date. This period may be
extended upon submission of a letter to the Town Clerk establishing
reasonable cause. In such event, the Town Board shall require a new
mooring permit application for that location either from the original
permittee or from other applicants, and act upon the earliest application.
If a new permit is issued to an applicant other than the prior permittee,
the latter must promptly remove the existing mooring or stake, mooring
and pulley system within 30 days after written notice to remove it
has been sent to the owner; or if notice cannot reasonably be given
after diligent effort is made to effect such notice, said mooring
may be removed by or at the direction of the Town at the owner's expense.
(a)
Applicants for renewal of a permit must provide the
Town Clerk with proof that the permittee owns the same boat as described
on the permit.
B.
Applications shall be accompanied by a copy of the
current boat registration/documentation/charter agreement, attestation
of compliance with the no-discharge requirements, the exact latitude
and longitude of the mooring, a photograph of the boat showing conspicuous
changes, and any other information requested by the Town Clerk. Each
application shall also include the required fee established from time
to time by Town Board resolution.
C.
Applicants for renewal of a permit for any mooring
located in a grid of a boatyard or marina as defined herein, or the
Shelter Island Yacht Club and other institutional or commercial entities
must submit a map superimposed on a navigational chart enlarged 10
times or equivalent survey, showing the locations of all moorings
in their grids, if such exist, and the individual mooring numbers.
Each application shall also include the required fee as established
from time to time by Town Board resolution.
D.
A permittee must notify the Town Clerk of any change
in the boat to he placed on the mooring within seven days of the change,
and must update the application to provide a copy of the new boat
registration/documentation/charter agreement as well as a photograph
of the changed vessel. The Town Clerk shall pass that information
to the Waterways Committee for a determination whether the mooring
location is suitable for a boat of this size and configuration. Upon
a recommendation from the Waterways Committee, the Town Clerk will
renew the permit. If the Waterways Committee cannot recommend that
change, the matter will be referred to the Town Board for determination
after a public hearing.
[Added 10-22-2004 by L.L. No. 16-2004]
[Added 6-2-2006 by L.L. No. 5-2006]
A.
Permits may be revoked for any of the following reasons:
(1)
The permittee is no longer a Town resident.
(2)
If the mooring is not placed on station before July
1 or within nine months of permit issuance, whichever is sooner.
(3)
If a mooring is placed without a permit, or in a location
other than the one for which the mooring has a permit.
(4)
If a mooring fails to meet the minimum requirements
set forth in the rules and regulations.
B.
Permits may be revoked after notice of revocation
is sent by certified mail to the permit owner, or mooring holder if
known, at the last known address. The Bay Constable or Police Department
shall be in charge of enforcement. Notice of revocation shall give
the mooring owner 15 days' notice of the intent to revoke the mooring
permit, and offer a hearing on the revocation in front of the Town
Board. After 15 days, and after the hearing if requested, the Town
Board may adopt a resolution of mooring revocation stating the reasons
for revocation, and file it with the Town Clerk.
C.
In the event of revocation, no portion of the permit
fees will be refunded.
D.
If a permit is revoked, or if a mooring does not have
a permit, written notice to remove it has been sent to the owner giving
30 days' notice to remove. If said mooring or stake, mooring and pulley
system is not removed within this time, or if notice cannot be reasonably
given after diligent effort is made to effect such notice, said mooring
may be removed by or at the direction of the Town at the owner's expense.
The tackle may be sold by the Town at a public auction, and the expense
of removal, storage and sale may be collected by the Town from the
sale proceeds before any excess is returned to the owner.
Boatyards and marinas as defined herein, the
Shelter Island Yacht Club, and other institutions and commercial entities,
having exclusive mooring fields approved by Town Board resolution,
are exempt from the requirement that each permit be issued for a specific
boat or vessel.
Requests for a particular location or area of
Town waters will be treated in accordance with the following priority
guidelines:
A.
Riparian property owners who do not have a mooring
permit.
B.
Displaced permittee from existing mooring.
C.
Resident commercial vessel owners, who do not have
a mooring permit.
D.
Resident pleasure vessel owners, who do not have a
mooring permit.
E.
Resident commercial businesses applying for a holding
mooring(s), who do not have a mooring permit.
F.
Current permit holders applying for additional moorings.
A.
No person shall moor any vessel so as to endanger
the safety of, or cause damage to any other vessel.
B.
Each vessel secured by a mooring or a stake, mooring
and pulley system shall be moored so that it shall remain within its
prescribed area within the assigned mooring field, and not drift into
any area restricted by the Town.
C.
Moorings and stake, mooring and pulley systems shall
meet the following minimum requirements:
[Amended 6-2-2006 by L.L. No. 5-2006]
(1)
All mooring buoys shall be clearly visible and white
above the waterline, shall be a minimum of 12 inches in length or
diameter, and be clearly marked with the permit number.
D.
A winter stake shall be upright at all times at not
less than a thirty-degree angle, with at least 18 inches of one end
painted white and exposed above the water. The permit number shall
be marked in black or other contrasting color on the exposed, white
end of the winter stake in figures at least three inches tall.
(1)
A winter stake must be removed from the water between
July 1 and Labor Day of each year, and replaced with a mooring buoy.
E.
All mooring anchors or their equivalent shall be of
appropriate size and weight, with chain or rope in sound condition
to properly secure the moored vessel and a mooring buoy attached to
the mooring line of at least 12 inches in length or diameter and of
sufficient size and buoyancy to remain afloat when not attached to
the vessel.
[Amended 6-2-2006 by L.L. No. 5-2006]
(1)
Simultaneous
occupancy of a mooring by more than one vessel and its tender is prohibited
for a period of more than three hours.
F.
A private mooring permit granted by the Town Board
pursuant to this chapter shall not be rented, transferred or assigned,
except as follows:
[Amended 6-2-2006 by L.L. No. 5-2006]
(1)
In the event that a private mooring permit holder
vacates his/her Shelter Island residence in favor of exclusive tenant
occupancy for at least 31 days but less than 120 days, the tenant
may utilize the private mooring for the same or smaller vessel for
all or part of the duration of the occupancy of the residence; provided
that the Town Clerk is notified in writing of such arrangement, including
a copy of the lease, prior to the tenant's use of the mooring.
(2)
A private mooring may be used for not more than five
calendar days in any calendar month by other vessels of similar or
smaller size belonging to the permittee or the permittee's guests,
provided that written notice of such occupancy is delivered to the
Town Clerk's office not later than the second day of such occupancy.
G.
Any boat or vessel moored in violation of any part of this chapter or the rules and regulations adopted by the Town Board pursuant to this chapter; or any boat, vessel, or float or portion of a stake, mooring and pulley system which, while moored, sinks, grounds or becomes otherwise disabled; or becomes so located as to endanger life or property in any way; or becomes a menace to navigation or the environment; shall be removed forthwith by the owner or person in charge thereof pursuant to the provisions of § 40-5 of the Town Code.
H.
If a permittee acquires a different boat to be placed
on the mooring, the applicant must, within 30 days, provide the Town
Clerk with a description of the new vessel, proof of ownership and
a photograph clearly identifying the vessel, so that the permit may
be amended accordingly.
I.
A boat which does not comply with the no-discharge
zone sanitary device requirements shall not be eligible to apply for
a new or renewal mooring permit.
J.
No more than three permits shall be issued to any
one person or to all members of a household residing at a single address
including stake, mooring and pulley systems and a dock permit for
the Town dock at Congdon's Creek.
[Amended 6-2-2006 by L.L. No. 5-2006]
K.
A mooring permit shall only be valid only when the
holder is a resident of the Town of Shelter Island. A mooring permit
holder who changes residency during the term of the initial or a renewal
permit has an obligation to notify the Town Clerk and surrender the
permit when he or she ends his or her residency in the Town of Shelter
Island.
[Added 6-2-2006 by L.L. No. 5-2006]
[Added 9-16-2016 by L.L.
No. 5-2016]
A.
The Town Board reserves the right to enact additional
rules and regulations with respect to moorings and stake, mooring
and pulley systems. Any permit hereafter issued shall be issued subject
to the permittee conforming to the rules and regulations now in force
and effect or that thereafter may be adopted by resolution of the
Town Board or amendment to this chapter.
[Amended 5-8-2009 by L.L. No. 5-2009]
In the event that any portion of this chapter
is hereafter found to be invalid, such invalidity shall not affect
the remaining portions of this chapter.
A violation of any provision of this chapter
shall be an offense against this chapter which shall be punishable
by a fine of not more than $750 or imprisonment for a period not exceeding
15 days for each offense, or by both fine and imprisonment, and by
the revocation of any permit hereunder held by any person found guilty
of such violation.
