This chapter shall be known as and may be cited
as the "Village of Belle Terre — Port Jefferson Harbor
Complex Waterway Law."
For the purpose of this chapter, the following
terms and phrases shall be given the meanings indicated as follows:
ABANDONED VESSEL
Any vessel that is not properly secured or which is attached
to a mooring which is not properly maintained.
ACCESS LANES
Surface waters that provide for unobstructed movement and free passage of vessels, as described in §
50-5 of this chapter and depicted on the Surface Water Use Chart.
ANCHOR
A specially shaped, weighted device designed to dig efficiently
into the underwater lands and hold a vessel within a given radius
despite winds and currents.
ANCHORING
The act of securing a vessel for a temporary period of time
to the underwater lands, by dropping an anchor or other device, other
than a mooring, to underwater lands.
BARGE
A commercial vessel/boat used primarily for the transporting
of goods on waterways, usually propelled by towing.
BARGE MOORING AREA
An area, as described in §
50-5 of this chapter and depicted on the Surface Water Use Chart designated for the mooring of barges.
BEACHING
The act of driving or pulling a vessel onto the shoreline.
COMMERCIAL VESSEL
Any vessel operated for a fee, excluding charter boats, liveries
or water taxis, and excursion boats.
DESIGNATED MOORING AREA
An area specifically for the mooring of vessels, as described in §
50-5 of this chapter and depicted on the Surface Water Use Chart.
EDUCATIONAL SAILING PROGRAM
A program operated by a private, municipality, or not-for-profit
organization or educational institution for the purpose of teaching
sailing and boating skills.
FEDERAL NAVIGATION CHANNEL
The federally designated channel within the Harbor Complex
as authorized by the United States Congress in 1890, delineated on
the NOAA Chart and as shown on the Surface Water Use Chart.
HARBOR USE AREAS
Areas for specified uses as described in §
50-5 of this chapter and depicted on the Surface Water Use Chart.
HOMEOWNERS'/BEACH ASSOCIATION
An association of homeowners who own waterfront property
within the Port Jefferson Harbor Complex that is owned, in common,
by the members.
MOOR
The act of securing a vessel in or upon the water by attaching
a vessel to the ground or lands under water by means of a mooring.
MOORING
A semi-permanent anchorage system which, by design, is not
normally retrieved when a vessel leaves the anchorage system. A mooring
includes, but is not limited to, a system consisting of an anchor,
weight or other device attached to a length of chain and/or line secured
to a float or buoy.
MOORING PERMIT
Required written authorization to place a mooring on any
underwater lands within the Harbor Complex as specified under this
chapter.
MOORING SEASON
The period of time from March 1 through December 15 inclusive,
of the same calendar year.
MOORING TACKLE
Any assemblage of hardware, rope, line, wire or chain that
is used to secure a mooring anchor, weight or other device to a buoy
or vessel.
PERSON
Any individual, public or private corporation, firm, association,
partnership, political subdivision, government entity, or any other
legal entity.
POLLUTANTS/POLLUTION
Any material or combination of material, including but not
limited to bottles, glass, cans, junk, paper, scrap metal, garbage,
rubbish, or trash; or any untreated sanitary waste, oil or gas which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may:
A.
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness to marine life; or
B.
Pose a substantial present or potential hazard
to public health, safety or the environment; or
C.
Render the water unsightly, noxious or otherwise
unwholesome so as to be detrimental to the public health, safety,
welfare or to the enjoyment of the waters of the Harbor Complex.
PORT JEFFERSON HARBOR COMPLEX
The surface waters of Port Jefferson Harbor, Setauket Harbor,
Little Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount
Misery extending west following the shoreline to 1,500 feet northwest
of Old Field Point, also known as the "Harbor Complex."
RAFTING
The attachment of two or more vessels together to an anchor
or mooring.
RESIDENT
Any person who has his principal place of abode and domicile
in the Village of Belle Terre and/or any person who owns real property
within the Village of Belle Terre.
SHELLFISH PROTECTION AREA
An area designated for the protection of shellfish resources, as described in §
50-5 of this chapter and depicted on the Surface Water Use Chart.
SHORELINE
The line of the shore defined as that area where the water
meets the land at any given time or tide.
SPEED
The rate at which a vessel travels over the surface of the
water, measured by the distance traveled in miles per hour or parts
thereof.
SURFACE WATER USE CHART
A chart of the surface waters and underwater lands and delineated
use areas within the Port Jefferson Harbor Complex within the Town
of Brookhaven and all surface waters within 1,500 feet from the shore
bounding or bordering from the Village of Belle Terre, Village of
Old Field, Village of Poquott and Village of Port Jefferson prepared
pursuant to the Port Jefferson Harbor Complex Harbor Management Plan
dated June 2000, and any amendments thereto, on file in the office
of the Town of Brookhaven Division of Environmental Protection.
SWIMMING AREA
An area of surface water along the shoreline delineated by
buoys, lifelines or perimeter ropes for the purpose of recreational
swimming.
SWING RADIUS
The area that a vessel, secured to a mooring or anchor, can
or may traverse as it rotates around a mooring or anchor in response
to winds and currents.
VEGETATED TIDAL WETLANDS
All banks, bogs, meadows, flats and tidal marshes subject
to tides and upon which grow the following vegetation, but not limited
to: salt meadow grass (Spartina patens), salt grass (Distichlis spicata),
or salt marsh cordgrass (Spartina alterniflora).
VESSEL
Every description of watercraft or other contrivance used
or capable of being used as a means of transportation in or on the
water, including aircraft such as seaplanes, personal watercraft,
and specialty prop-craft as defined under New York State Navigation
Law § 2 and any amendments thereto.
WAKE
The track left by a vessel in the water or under the water.
WATERFRONT PROPERTY OWNER
The owner of any residentially zoned property that includes
or adjoins mean high water and is thus entitled to riparian or littoral
access.
WATERSKIING
The towing of a person or persons on water skis, a kneeboard,
wakeboard, tube, or other similar device by a line attached to a vessel.
In accordance with the Town of Brookhaven Port
Jefferson Harbor Complex Waterway Law, any person proposing to place
or causing to be placed a mooring within the Port Jefferson Harbor
Complex shall file a permit application with the Town of Brookhaven
Division of Environmental Protection on forms promulgated by the Town
of Brookhaven Director of the Division of Environmental Protection.
The granting, denying or conditioning of any mooring permit shall
be in accordance with the Town of Brookhaven Port Jefferson Harbor
Complex Waterway Law, and any amendments thereto.
Any person or applicant may appeal any decision
regarding issuance or denial of a mooring permit to the Town Board
of the Town of Brookhaven. Said appeal must be taken within 30 days
of the Director's decision and made to the Town Clerk upon such forms
promulgated by the Town Clerk of the Town of Brookhaven. Any person
aggrieved by any decision of the Town Board of the Town of Brookhaven
may apply to the Supreme Court for relief by a proceeding under Article
78 of the Civil Practice Law and Rules within 30 days of the filing
of such determination in the office of the Town Clerk.
Applicability. The requirements and the prohibitions
of this chapter do not apply to emergency actions that are necessary
to protect public health, safety, and welfare or to protect property.
Any person conducting and/or undertaking emergency activities shall,
to the extent practicable, avoid, prevent and/or minimize damage to
natural resources within the Port Jefferson Harbor Complex.
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase hereof
shall be adjudged by any court of competent jurisdiction to be invalid,
such adjudication shall not affect the validity of the remaining portions
hereof, but such portions shall remain in full force and effect.
This chapter shall become effective immediately
upon filing with the Secretary of State of the State of New York.