This chapter shall be entitled "Dock Regulations of 2002, revised
2017, of the Incorporated Village of Poquott."
The purpose and intent of this chapter is to establish regulations
regarding docks, piers, and related structures and improvements in
the Village of Poquott in order to maintain a balance between private
interests and the protection of the environment under the public trust
doctrine and between the interests of the proper and orderly development
of the Village of Poquott and the protection of the environment. It
is the intent of the Village of Poquott in the adoption of this chapter
to coordinate the provisions of this chapter with the provisions and
enforcement of the Wetlands and Waterways Law of the Town of Brookhaven,
§ 81-1, for the uniform enforcement of both laws and their
intent.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The owner, contract vendee or authorized agent of the parcel
of property which is the subject of an application under this chapter.
BOAT
Any vessel propelled or not by oars, paddles, sail or fuel
powered engine whether or not the vessel is required by law to be
registered with New York State or documented by the United States
Coast Guard, including but not limited to power boats, sail boats,
personal watercraft, including jet skis, and wetbikes. Any boat using
a dock in the Village of Poquott must be registered with the Village
of Poquott, except the boat of the guest of the owner using the dock
does not have to be registered in the Village of Poquott.
DECK
Any structure extending and/or elevated over the water from
the shore and used for a use other than berthing a boat. Decks as
defined in this chapter are prohibited in the Village of Poquott for
purposes of this chapter.
DOCK
Includes a fixed or floating dock, catwalk, pier ramp, mooring
piles or dolphins and related structures and improvements which are
constructed and used for the purpose of securing a boat.
DOCK LENGTH
The length of a dock, including fixed docks, ramps, floating
docks and mooring piles measured from the mean high water mark to
the seaward-most portion of the dock or the seaward-most pile, whichever
distance is greater.
DREDGING
The excavation of underwater lands or the removal or excavation
of any sand, gravel, aggregate, soil, mud or sediment from the land
lying beneath or contiguous to any waterway for the purpose of building,
using or maintaining a dock or any other purpose. Dredging includes
the practice commonly known as "prop dredging."
FIXED DOCK
A permanently fixed walkway which extends seaward from the
mean high water mark and which is constructed and maintained for the
purpose of securing a boat.
FLOATING DOCK
That portion of a dock which is designed to float upon the
surface of a water body to provide access to the water. A floating
dock shall include the float itself and any pile designed to keep
the dock at a fixed point. No float or floating portion of any dock
or floating dock may rest on the bottom at any time.
MEAN HIGH WATER
Shall be defined as determined by the National Oceanographic
and Atmospheric Administration at Port Jefferson in 1978 or the most
recent survey and testing.
MEAN LOW WATER
Shall be defined as determined by the National Oceanographic
and Atmospheric Administration at Port Jefferson in 1978 or the most
recent survey and testing.
RIPARIAN RIGHTS
The right of a property owner to have access to navigable
water.
VILLAGE DOCK
A dock under the care, custody and control of the Village
of Poquott for the exclusive use of its residents and guests.
WATERWAY
Any natural or artificial fresh or marine body of water commonly
known as "ponds," "bays," "harbors," and the like. A waterway includes
those areas defined as lands underwater.
WIDTH OF A WATERWAY
The linear distance as measured in a straight line from the
mean low water mark on one shoreline to the closest point on the mean
low water mark on the opposite shoreline.
An application shall be deemed to be withdrawn in the following
circumstances:
A. The filing by the applicant of a written request to withdraw the
application at any time prior to the Planning Board taking action
on the application.
B. The applicant failing to comply with a written request by the Planning
Board for additional information and material within six months of
the date of such request.
C. The applicant failing to supply the Planning Board with a survey,
written covenants, deeds or other required documents within six months
of the date of a request if the requirement of a survey or covenants
and restrictions or deeds or of any one or more of the above is imposed
by the Village of Poquott or its Boards as a condition of receiving
the approval.
All applicants shall submit to the Village of Poquott a notarized
affidavit signed by the owner of the project property which indemnifies
and saves harmless the Village of Poquott from any claims arising
out of or connected with any operations under the permit and from
all acts, omissions, commissions or negligence on the part of the
applicant, its agents or employees, in such form as shall be approved
by the Village Attorney.
The standards for a dock shall be as follows:
A. A dock shall not extend beyond the point at which the water depth
is four feet at mean low water, and the dock length shall not exceed
the lesser of 195 feet, or 15% of the width of the waterway on which
it is located, and no dock shall be constructed in a manner so that
at any time a boat fastened to the dock will be resting on the bottom.
The owner shall provide confirmation to the Village of the length
of the dock and the depth of the water prior to construction by a
survey and rendering stamped or certified with the seal of a licensed
surveyor, architect or engineer.
B. Construction on residential lots; shared docks.
(1) A dock shall only be constructed on a residentially zoned lot that
has riparian rights, and there shall be only one such dock on each
such residential lot, and that dock may only be owned, used and maintained
by the owner of the property on which it is located. A dock may be
used by the guest of the owner of the dock for a period of up to 72
hours.
(2) Adjacent waterfront property owners may share a dock that is on one
of their properties. The person on whose property the dock is located
will be responsible to the Village of Poquott for all obligations
under this chapter.
C. Distance from property lines or other docks.
(1) A dock and any part thereof or any vessel tied to a dock may not
be located within 30 feet of the seaward extension of any side yard
property line, and shall not be located within 75 feet of any other
dock or part thereof or of any vessel tied to a dock.
(2) A dock and every part thereof or any vessel tied to a dock shall
be not less than 200 feet from the abutting property line of a Village
waterfront park or beach.
D. A dock and any associated piles must be configured in such a manner
so that the dock does not have more than two vessel berths located
on the dock.
E. The width of a dock may not exceed four feet, and a dock and its
accessories, structures and improvements must be elevated a minimum
of four feet above the mean high water and a minimum of four feet
above grade when traversing any tidal or freshwater wetlands, and
in no way shall obstruct passage of a boat in the waterway in which
the dock is located or pedestrian traffic along and below the mean
high water mark or obstruct or violate any public easement or right-of-way
that is of record.
F. The width of any single float may not exceed eight feet in width
or 20 feet in length. All floats shall be designed and installed so
that a minimum of six inches of separation exists between the benthos
and the bottom of the dock through all tidal cycles.
G. The height of any part of a dock or of any attachment to an improvement
or a dock may not exceed three feet above the platform of the dock,
except lighting, which must be approved by the Village Planning Board,
and davits or other mechanical aids for hoisting boats shall not be
attached to any dock.
H. A dock shall start at the mean high water mark unless the Planning
Board should require the dock to start seaward of the mean high water
mark. In no case shall the measurement of the length of a dock be
from other than mean high water, nor shall the dock restrict a public
easement or right-of-way or violate any public covenant or restriction.
There will be a minimum eighteen-foot width between the onshore end
of a dock and an obstruction such as a seawall, building, fence or
vegetation to allow unimpeded pedestrian passage along the shoreline.
I. The design and materials of the dock shall be of a type to be reasonably
expected to last for not less than 20 years, and the dock after constructed
must be maintained in a good and structurally sound condition and
state of repair for not less than that time. The dock shall be constructed
of untreated tropical hardwoods, untreated lumber, or polymer-coated
treated lumber to eliminate the potential for chemically treated materials
from coming into contact with the marine environment. Untreated tropical
hardwood must be used for the pilings and cross-bracings and any other
portion of the dock that will be submerged or in contact with the
water, either in whole or in part, during ordinary tidal cycles. Other
materials may be allowed as long as they have similar environmental
characteristics. The decking of the dock shall be of an "open grate"
design to allow maximum light penetration.
J. A dock and the floats used with the dock must be arranged so as to be in a straight line. The float shall be made of any of the materials provided for in Subsection
I or any other suitable material approved by the Village Environmental Consultant or Village Engineer.
K. All floating docks or floating components of docks shall be removed
from the water during the months of December through March to lessen
the impact of wind, wave and storm damage. No float or floating dock
may be stored at any time within a wetland, below the spring or storm
high water mark of a beach or within or on the face of a dune, bluff
or beach scarp.
The Village Planning Board of the Village of Poquott in reviewing,
granting, denying, limiting or conditioning applications and permits
shall consider the following criteria, in addition to any other criteria
specified in this chapter or otherwise.
A. The dock shall be located on the property in such a manner so as
to minimize the obstruction of surface water, hazards to navigation,
obstruction of use of public lands and waters, to maximize spacing
and minimize length of docks and any adverse effects to the environment
or natural resources, and the Village may require the dock to be constructed
in a different location or manner in order to accomplish this.
B. The dock shall not be permitted in areas of high vessel traffic or
vessel congestion where there is a likelihood that the dock will jeopardize
public safety or create a public nuisance.
C. The dock shall be designed and sited so as to minimize habitat fragmentation,
loss of habitat, and to minimize interference with public access to
recreational and other resources.
D. The dock shall be designed and sited so as to not hinder public access
to public lands and surface waters or passage along the shoreline
and so as not to interfere with public easements and rights-of-way.
E. Docks on adjacent properties create a cumulative effect, and, therefore,
the design, construction and location shall be evaluated to minimize
cumulative adverse effects.
F. In areas of high traffic, congestion, multiple uses of the water
surface, or where needed to protect public safety, a dock and its
associated floats and piles shall be required to have adequate lighting
and markings designed and installed in such manner so as to minimize
light pollution and so as not to create a nuisance. Lighting on or
around docks must be constructed and installed so that it is directed
and shines in a downward direction and can not contain an unshielded
bulb which can be seen on an adjoining property. Lights not having
to do with safety must be oriented so that they are not seen and also
are off when the dock is not in use and must be otherwise installed
so as only to illuminate the dock.
The Board of Trustees of the Incorporated Village of Poquott
shall reserve the right to require a permit fee for all permit applications,
which shall be in addition to the fees required for a building permit
and which shall not be less than $100. Fees shall be set and be revised
by a resolution of the Board of Trustees and shall be payable to the
Village of Poquott and collected by the Village Clerk of the Village.
A permit approved by the Village of Poquott does not relieve
the applicant of the necessity to obtain authorizations or permits
from other agencies which have jurisdiction over the proposed activity
or project.
No commercial docks will be permitted under any circumstances.
Dredging is prohibited in the Village of Poquott on or around
docks.
In addition to any other violations of New York State or law
or ordinance of the Village of Poqoutt, and any penalties or fines
associated therefrom, it shall be a violation to fail to comply with
any provision of this chapter or any of the restrictions contained
herein with a fine or penalty of up to $250 per violation, and each
and every day that a violation of this chapter should exist shall
be a separate violation of this chapter.
The penalties and fines contained herein and the election by
the Village of Poquott to assess them shall not be a waiver of or
act to limit or prejudice any other rights or remedies of the Village,
whether civil or otherwise. The Village of Poquott shall be entitled
to temporary and permanent injunctive and other relief, including
an assessment of the costs therein from any party committing a violation
of this provision and any other civil or other remedies that may be
available to the Village by law.
The standards for a dock shall be as follows:
A. A dock shall extend at least to the point at
which the water depth is 3 1/2 feet at mean low water, and the
dock length shall not exceed the lesser of 195 feet, or 15% of the
width of the waterway on which it is located, and no dock shall be
constructed in a manner so that at any time a boat fastened to the
dock will be resting on the bottom.
[Amended 11-9-2017 by L.L. No. 1-2018]
B. Distance from property lines or other docks. A dock and any part
thereof or any vessel tied to a dock may not be located within 30
feet of the seaward extension of any side yard property line and shall
not be located within 75 feet of any other dock or part thereof or
of any vessel tied to a dock.
C. The width of a fixed dock may not exceed four
feet except where needed to comply with Americans with Disabilities
Act. A dock and its accessories, structures and improvements must
be elevated a minimum of four feet above the mean high water and a
minimum of four feet above grade when traversing any tidal or freshwater
wetlands, and in no way shall obstruct passage of a boat in the waterway
in which the dock is located. A route shall be provided for pedestrian
traffic over as well as around the landward end of a Village dock.
[Amended 11-9-2017 by L.L. No. 1-2018]
D. A single float may not exceed eight feet in width or 20 feet in length.
All floats shall be designed and installed so that a minimum of six
inches of separation exists between the benthos and the bottom of
the dock through all tidal cycles.
E. The height of any part of a dock or of any attachment to an improvement
or a dock may not exceed three feet above the platform of the dock,
except lighting and railings, which must be approved by the Village
Planning Board, and davits or other mechanical aids for hoisting boats
shall not be attached to any dock.
F. In no case shall the measurement of the length of a dock be from
other than mean high water.
G. The design and materials of the dock shall be of a type to be reasonably
expected to last for not less than 20 years, and the dock after constructed
must be maintained in a good and structurally sound condition and
state of repair for not less than that time. The dock shall be constructed
of untreated tropical hardwoods, untreated lumber, or polymer-coated
treated lumber to eliminate the potential for chemically treated materials
from coming into contact with the marine environment. Untreated tropical
hardwood must be used for the pilings and cross-bracings and any other
portion of the dock that will be submerged or in contact with the
water, either in whole or in part, during ordinary tidal cycles. Other
materials may be allowed as long as they have similar environmental
characteristics. The decking of the dock shall be of an "open grate"
design to allow maximum light penetration.
H. A dock and the floats used with the dock must be arranged so as to be in a straight line, and any floating docks alongside a Village dock need to be arranged parallel to the dock and such that a ramp can be built parallel to the dock to access floats alongside the dock. A float shall be made of any of the materials provided for in Subsection
G or any other suitable material approved by the Village Environmental Consultant or Village Engineer.
I. All floating docks or floating components of docks shall be removed
from the water during the months of December through March to lessen
the impact of wind, wave and storm damage.
J. The dock shall be designed and sited so as to minimize habitat fragmentation,
loss of habitat, and to minimize interference with public access to
recreational and other resources.
K. A dock and its associated floats and piles shall be required to have
adequate lighting and markings designed and installed in such manner
so as to minimize light pollution and so as not to create a nuisance.
Lighting on or around docks must be constructed and installed so that
it is directed and shines in a downward direction and cannot contain
an unshielded bulb which can be seen on an adjoining property.
L. The Village Board of Trustees shall adopt a management plan for the
usage of a Village dock before the design of a dock can be deemed
complete.
M. The final design of a Village dock shall include the following, all
of which shall be submitted before any action is taken by the Planning
Board:
(1) Complete set of project plans for the proposed site improvements,
which shall be certified by and contain the seal of an engineer, architect,
and/or land surveyor licensed in the State of New York, drawn to a
scale of no less detail than one inch equals 40 feet, as required
to meet the guidelines as may be established by the Board of Trustees
or the Village Planning Board. The following shall be indicated on
the project plans:
(a)
The location of all waterways or wetlands on the project property
as they existed no earlier than six months prior to the date of the
plan.
(b)
A description of the soil type and vegetative cover of the proposed
project area and within 50 feet of the proposed project area, including
dominant species.
(c)
The location of the construction area and the associated area
or areas that may be disturbed during construction, and their relation
to the property lines, roads, buildings, and watercourses located
within 200 feet of the project.
(d)
The exact locations and specifications for proposed draining,
fill, grading, and vegetation removal activities, and the procedures
to be used.
(e)
The width of the waterway or all waterways within 200 feet of
the project.
(f)
The depths and heights of existing and proposed as altered contours
of above-water lands at two-foot intervals and of underwater lands
at one-foot intervals within a distance of 50 feet of the project.
(g)
The details of any drainage system both for the conduct of the
work, and after the completion thereof, including locations of any
point discharges, or other human-made conveyances which would discharge
into the waterways or surrounding areas, and any measures proposed
to control erosion both during and after work.
(h)
The mean high water mark, mean low water mark and spring high
water mark should be noted on the plans and the property.
(i)
If the property is in a flood zone, the upland limit of the
flood zone should be noted.
(j)
The complete construction details of the proposed project on
plans that are prepared and certified by a licensed architect or engineer
and which contain the seal of the licensed architect or engineer that
prepared and certified the plans.
(k)
A survey showing the location of any existing covenants and
restrictions affecting the lot or land on which the project is located
and either the liber and page of the covenant and restrictions or
a copy of the covenant and restrictions as well as any details or
documents necessary to establish the existence or location of the
covenants and restrictions.
(l)
A lighting plan for all areas within the project area and within
100 feet of the project area.
(m)
A survey showing points and means of access to the dock during
and after construction.
(n)
A title abstract of the property.
(2) Proof of riparian rights and ownership of the Village.
(3) A completed full environmental assessment form as required pursuant
to Part 617, Sections 617.5 and 617.21, of Chapter 6 of the New York
Code and Rules and Regulations, the State Environmental Quality Review
Act, which shall be completed by the Village Environmental
Engineer or consultant.
(4) Any other materials or documents that are determined by the Village
of Poquott to be required for proper review of the project.