As used in this chapter, the following words
or phrases shall have the following meaning:
Boathouse
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.
Boat Lift
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.
Bulkhead
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.
Datum Plane
The mean sea level or average height of the sea in accordance
with Nassau County Datum.
Dock
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.
Emergency Maintenance Work
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.
Fixed Dock
A dock that is generally anchored, on pilings, to the underwater
land, and that allows for the flow of water beneath the decking.
Float
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.
Mean High-Water Line
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.
Mooring
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]
Mooring Pile
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.
Navigable Water
Water having a depth of at least four feet at mean low water
as defined by Nassau County Datum.
Person
Any individual, firm, partnership, corporation, association
or other entity.
Ramp
A structure used to gain access from a bulkhead, dock or
platform to a float. The term "ramp" shall include a floating ramp.
Support Pile
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.
Upland
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.
Existing docks constructed or installed prior
to the adoption of L.L. No. 4-1995 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.
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.
G. The introduction of pilings into underwater lands
or intertidal or supratidal areas shall be done in such a time and
manner as to minimize:
(1) Impact to marine and terrestrial wildlife and vegetation.
(2) Turbidity resulting from suspension and resuspension
of organic and inorganic materials.
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, shall be shielded in such a manner that the
light emitted by the fixture, either directly from the lamp or indirectly
from the fixture, is projected below a horizontal plane running through
the lowest point on the fixture where light is emitted, and shall
not produce offensive glare when viewed from land or water and such
that the light is not visible from land above any point of the sand
line at the beginning of the beach.
[Amended 6-18-2024 by L.L. No. 9-2024]
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 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.
[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.
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.