[Added 9-20-2006 by L.L. No. 8-2006]
This article shall be known and shall be cited
as the “Keuka Lake Uniform Docking and Mooring Law”.
The purpose of this article is to regulate lakeshore
docks, moorings and other waterside structures in or on the waters
of Keuka Lake. The regulations were developed in order to protect
public safety, support robust lake environmental conditions, provide
reasonable public visual and physical access to the lake, ensure safe
recreational use, and establish fair, consistent and uniform standards.
A.
Section 46-a of the New York State Navigation Law
has been amended by adding Subdivision (6), giving the villages and
the towns surrounding Keuka Lake the authority to adopt, amend and
enforce local laws, rules and regulations not inconsistent with the
laws of the United States, with respect to the restriction and regulation
of the manner of construction and location of boathouses, moorings,
and docks, including related accessorial uses, within the waters of
Keuka Lake proper, excepting its tributaries and Keuka Lake Outlet,
from the mean high water level to a distance of 1,500 feet from the
shoreline.
B.
For the purposes of this article, Keuka Lake Outlet
and Keuka Lake are deemed to be separated by a straight line connecting
points situated by the following coordinates pursuant to the 1983
New York State Plain Central plotting system:
C.
The entirety of Keuka Lake Outlet, Keuka Lake Outlet
Canal, and Wagner Pond, all of which are located to the north of the
above established line of separation, are specifically excluded from
the application of this article.
D.
The provisions of this article do not apply to municipal-
or New York State-owned lakeshore parcels.
For the purposes of this article the following
definitions shall apply:
See "boat slip."
Any vessel, requiring State or Federal registration for use
on public waters (including seaplanes).
An enclosed storage structure, the purpose of which is the
storage of boating-related accessories.
Any mechanical device, the purpose of which is to raise or
lift a boat out of the water for waterside storage.
A seasonal, open-sided, waterside structure containing a
boat hoist.
A permanent enclosed structure that provides direct water
or rail access to Keuka Lake for boats. A boathouse has a permanent
roof and one or more enclosed sides.
The area of any structure, boat hoist structure, boat station,
boathouse, dock or pier, or any other facility, the purpose of which
is the storage of one boat.
A permanent, open-sided structure, constructed in the water
with a mechanical device, the purpose of which is to raise or lift
a boat out of the water for waterside storage. A boat station is intended
as a permanent boat hoist structure and may have a roof.
Any water-dependent structure, or fixed platform built on
floats, columns, open timber, metal, piles, or similar openwork supports,
or cantilevered structures extending to the shore, including piers
and wharfs, whose purpose is providing riparian access and/or securing
of watercraft. All such structures, as above described, which are
placed waterside of the mean high water mark shall be defined as a
dock.
The vertical distance measured from the mean high water level
to the highest portion of a structure.
A permanent structure, usually composed of one or more pilings,
installed for the exclusive purpose of protecting mooring and docking
facilities from ice damage.
The number of feet of lake frontage based upon the Town or
Village Tax Maps.
The person or persons having a fee simple title to the lakeshore
parcel.
A parcel of land bordering on the shore of Keuka Lake.
A lakeshore business, open to the general public, whose purpose
shall include sale of boats, supplies and fuel; rental of boats, marine
equipment, dock and mooring space, and winter storage; service of
boats and marine equipment; and provision for boat access to the lake.
The locations where the mean low and high water levels intersect
with the shoreline of the lakeshore parcel.
The approximate average low water level or high water level
for Keuka Lake, determined by reference from survey data provided
by the United States Geological Service (USGS). According to the New
York State Department of Environmental Conservation, Division of Environmental
Permits, the mean high water level for Keuka Lake is 715.3. The mean
low water level is 712.55.
A waterside structure where vessels can be stored, including,
but not limited to, dockage, boat slips, boat stations, boathouses,
boat hoists, marine rail systems and buoys.
A waterside area consisting of one or more structures, docks,
mooring buoys or a combination thereof, used for the berthing or mooring
of boats, yachts, or other floating craft, whether manually, mechanically,
or sail powered.
A floating object anchored to the bed of the lake, but not
to the lakeshore, to which a boat could be attached for waterside
storage.
All types of land uses on the lakeshore except those land
uses specified in the residential land use category. This includes,
but is not limited to, marinas, yacht clubs, camps, and restaurants.
The type of construction for any dock, boathouse, boat station,
or boat accessory structure that is fixed to the bed of the lake and
not intended to be removed during the winter months.
A vessel which uses an inboard motor powering a water jet
pump as its primary source of propulsion and which is designed to
be operated by a person sitting on, standing on or kneeling on the
vessel rather than in the conventional manner of sitting or standing
inside the vessel.
My structure extending out into or over the water which is
built upon fill.
A membership-only nonresidential lakeshore facility, not
associated with a unique multiple-residence upland property or properties,
whose purpose is to provide social facilities for members and guests.
It may include docking and mooring facilities for member- and club-owned
boats.
All land uses on the lakeshore parcel that are normally classified
as a place of dwelling, including, but not limited to, single-family,
multi-family, and boarding houses, apartments, bed-and-breakfasts,
townhouses and condominium units, time-shares, homeowner associations
and multiresidence upland lakeshore parcels.
The type of construction for any dock or boat hoist structure
that is intended to be removed during the winter months.
Seasonal platforms, fastened to the lake bottom, whose purpose
is to provide deeper water access for swimming and diving.
The straight line extending between the two shoreline boundaries
of a lakeshore property at the mean high water mark.
A floating means of conveyance.
Imaginary lines that extend into the lake in order to establish the riparian rights of adjoining lakeside properties. Water rights lines determine the boundaries for the placement of berthing and mooring facilities, as well as all other facilities subject to this article. The method for establishing water rights lines is found in § 160-122C.
The lakeside of the mean high water mark.
Any waterside man-made structure, for use in enabling water-dependent
activities, whose profile is visible above the surface of the water
and is affixed in some way to the shore or the lake bottom to hold
its position.
A membership-only lakeshore facility, not associated with
a unique upland property or properties, whose purpose is to promote,
educate and regulate yachting and boating, as well as provide social
facilities for members. The club facility may include docking and
mooring facilities for member- and club-owned pleasure boats, limited
marine supplies for member use, and clubhouse facilities for the use
of members and guests.
A.
Placement of mooring and berthing facilities adjacent
to a lakeshore parcel shall be determined by the category into which
this parcel falls as defined in this article.
B.
The provisions of this article apply to the lakeshore
owner based upon the amount of lake shoreline footage for each lakeshore
parcel.
C.
Water rights lines.
(1)
Berthing and mooring facilities shall be placed
within the water rights line of the parcel so as not to interfere
with the waterside usage of adjacent parcels. Water rights lines are
determined using the following method (See Figure 1.[1]):
(a)
Determine the four points where the mean high
water mark intersects the property lines of the parcel and the two
adjoining lakeshore parcels.
(b)
Connect the points of intersection with straight
lines. These lines are called "mean high water tie lines."
(c)
Where two mean high water tie lines meet, measure
the angle on the waterside.
(d)
Bisect (or divide by two) that waterside angle
measurement. The bisecting line, projected out over the waterside,
is the water rights line.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
(2)
It is the owner's responsibility to determine water rights lines. Where the water rights lines for a lakeshore property are less than 200 feet long at the point of intersection, the methods described in Subsection C(1)(a) through (d) must, if possible, be modified in order that each parcel's water rights lines are at least 200 feet long at their point of intersection (if any).
D.
No permanent waterside structure, except ice breakers,
shall be located closer than 10 feet in the residential land use category
and 20 feet in the "other land uses" category, to any water rights
line of a parcel. Ice breakers shall be placed in such a manner that
they will be contained within the water rights line of the parcel.
Any seasonal waterside structure or vessel moored to it shall be contained
within the water rights line of the parcel.
E.
Mooring buoys shall be placed in such a manner that
each moored vessel shall avoid contact with any other moored vessel
or structure. At no time may a moored vessel, or part thereof, extend
outside the limits of any water rights line of a parcel.
F.
One boat hoist structure is permitted for each boat
slip or registered boat mooring permitted under the regulations contained
in the residential land use category. A roof is permitted, but it
must not have a pitch greater than a 3/12. The sides shall not be
enclosed in any manner. Construction of a second-floor level inside
the boat hoist, or of a second-floor sundeck, is not permitted.
G.
A boat station shall not exceed a height of 15 feet
above the mean high water level, and the sides shall not be enclosed
in any manner. Construction of a second-floor level inside the boat
station, or of a second-floor sundeck, is not permitted. A roof is
permitted but it must not have a pitch greater than a 3/12. No boat
station may be used as a dwelling, sleeping, lodging or boarding place.
Within the residential land use category, any boat station is limited
to a maximum of two boat mooring spaces.
H.
Only docks, boat hoist structures, boat stations,
swim floats, and other specified mooring and berthing facilities are
permitted on the waterside of the mean high water mark. Boathouses,
boat accessory structures, or any other types of structures not specifically
permitted in this document are not permitted on the waterside of the
mean high water mark.
J.
All construction activities are subject to state and
federal review by the following agencies as applicable and as required
by law: the New York State Department of Environmental Conservation;
the New York State Office of Parks, Recreation and Historic Preservation;
the New York State Office of General Services; and the United States
Army Corps of Engineers. Article 6, § 75, of the Public
Lands Law establishes the terms and conditions for the conveyance
of the state's interest on state-owned underwater land. It is the
responsibility of the lakeshore owner to obtain any and all state
and federal permits as may be required.
(1)
All construction is subject to state and federal
laws, including the New York State Navigation Law. Section 32-c of
said law makes it a misdemeanor to build any structure that interferes
with the free and safe navigation of the navigable waters of this
state.
(2)
The villages and towns may require that an application
shall be submitted for review to the New York State Office of Parks,
Recreation and Historic Preservation or other applicable state agency
if the requested docking or mooring facility presents navigation issues.
K.
All site plan approvals required by this article and
all variance applications shall be subject to the provisions of the
respective town and village laws.
L.
As municipal- and New York State-owned lakeshore parcels
are not regulated by this article, the lakeshore municipalities and
New York State are free to regulate docks and moorings on their own
lakefront according to their needs. Municipally owned piers and wharfs
providing public access are permitted, and the municipal owner may
provide regulations for their use.
A.
The lake shoreline footage determines the permitted number of docks and lakeside moorings for boats requiring state or federal registration and is subject to the setback requirements and water rights line limitations in § 160-122D.
(1)
Residential land uses.
(a)
Facilities per parcel:
[1]
Zero feet to 99.99 feet: four moorings for boats,
one dock.
[2]
One hundred feet to 199.99 feet: six moorings
for boats, two docks.
[3]
For those lakeshore parcels that exceed 199.99
feet: three additional moorings for boats are permitted for each 100
feet of lakeshore and one additional dock is permitted for each additional
100 feet of lakeshore.
(b)
Residential dock construction shall not exceed
the following maximum dimensional criteria: Each permitted dock shall
not exceed a total of 720 square feet, including walkways. (See Figure
2.[1] ) For the purposes of this section, width is measured parallel to the mean high water mark; length is measured perpendicular to the mean high water mark. The open water space of boat hoist structures, or boat stations, is not included in the calculation of dock area. If none of the permitted docks on a parcel exceed 300 square feet, one additional dock, in addition to those specified in Subsection A(1), which is less than 300 square feet, shall be permitted.
[1]
No part of the dock, or associated structures
and equipment, shall extend beyond a line which is 65 feet from the
mean high water mark.
[2]
If a water depth of at least three feet is not
attained at a point extending directly out into the lake a distance
of 65 feet from the mean high water mark when the lake level is 712.55
feet above sea level, the dock may be extended to a point where this
depth is achieved, providing this length does not violate the New
York State Navigation Law.
[3]
The use of fingers, such as T- or L-shaped appendages,
is permitted in any configuration from the main walkway of the dock
to form boat slip spaces.
[1]
Editor's Note: Figure 2 is included at the end of this chapter.
(c)
In categories where two or more docks are permitted,
the docks shall be separated by at least 10 feet.
(d)
In categories where two or more docks are permitted,
the consolidation of two docks into one dock is permitted. The total
square footage of the consolidated dock shall not exceed 1,200 square
feet. The consolidated dock shall conform to all other provisions
of this article. When applying for dock consolidation under this provision,
the lakeshore owner relinquishes all rights and claims to erect a
second dock.
[1]
The lakeshore owner shall give proper notice
to the Town or Village Clerk that any claim to erect an additional
dock is waived.
(e)
Seasonal docks do not have setback requirements
but must fit within water rights lines, together with any boats moored
to them. Seasonal docks do not require permits but are included in
the number of allowable docks and moorings for boats. Preexisting
seasonal docks are not further regulated in this article. Swim floats
are not to be included in counting the number of docks permitted,
but they must fit within the water rights lines.
(f)
Limitations on the number of moorings for boats
do not apply to boats moored on the upland side of the high water
mark, nor do they apply to short-term moorings for visitors.
(2)
Other land uses.
(a)
Marinas and yacht clubs.
[1]
The minimum lake shoreline footage required
for a marina or yacht club is 200 feet. From 200 feet to 249.99 feet,
moorings for up to 75 boats are permitted. For those lakeshore parcels
that exceed 249.99 feet, up to 20 additional moorings are permitted
for each additional 50 feet of lakefront.
(b)
Restaurants.
[1]
The minimum number of feet of lake shoreline
footage required for docks and moorings for a restaurant is 100 feet.
From 100 feet to 149.99 feet, up to 20 moorings are permitted; from
150 feet to 199.99 feet, up to 30 moorings are permitted. For those
lakeshore parcels that exceed 199.99 feet, up to 10 additional moorings
are permitted for each additional 50 feet of lakeshore.
[2]
The mooring and berthing facilities shall require site plan approval by the Planning Board in accordance with the provisions contained in § 160-124.
[3]
The permitted number of boat slips allowed for
this land use activity is intended for use by the customers of the
establishment on a short-term basis for dining and entertainment purposes.
(c)
Hotels, motels, camps, resorts and private clubs.
[1]
The minimum number of feet of lake shoreline
footage required for docks and moorings is 100 feet. From 100 to 149.99
feet, up to 10 moorings are permitted; from 150.00 feet to 199.99
feet, up to 15 moorings are permitted. For those lakeshore parcels
that exceed 199.99 feet, up to five additional moorings are permitted
for each additional 50 feet of lakeshore.
B.
Limitations in this section shall be determined by
the current lake shoreline footage of the lakeshore parcel, regardless
of how property interests in the lakeshore parcel may be divided among
the owners, lessees, occupants, easement holders, or any other persons
or entities with a legal or beneficial interest in any existing or
proposed berthing and mooring facility.
A.
In accordance with the provisions of § 274-a
of the Town Law and § 7-725-a(1) of the Village Law, the
towns and villages shall have the total responsibility for conducting
all reviews required by this article.
B.
The villages and towns may require the owner to provide
appropriate documentation for the application, including surveys when
necessary to determine water rights lines.
C.
Site plan approval shall be required for "other land
use categories" by the local Planning Board, and building permits
are required in accordance with the provisions of this section. Only
the lakeshore owner or his authorized agents may submit applications.
D.
Building permits are required for the placement or
construction of permanent docks and berthing facilities within the
residential land use category. A lakeshore owner shall apply to the
Code Enforcement Officer for review of the proposed berthing and mooring
facilities in compliance with the provisions of this article and must
obtain his written approval prior to the start of construction.
E.
The application form for all land use categories shall
include certification that all owners, lessees, occupants, easement
holders, and any other persons or entities with a legal or beneficial
interest in any existing or proposed mooring and berthing facility
related to this property have been notified of this application. The
limitations of this article are applicable to all parties who have
a property interest in the parcel. The applicant is advised that failure
to notify any party possessing a property interest in the parcel may
affect any relief granted as a result of this application and process.
F.
Site plan approval by the local Planning Board and
a building permit are required for the placement of all berthing and
mooring facilities within the "other land uses" category. A development
approved under the “other land uses” category that involves
the seasonal placement of docks, or other mooring and berthing facilities,
does not need to be approved each season, provided that compliance
with the original approval, and any conditions placed thereon are
continued.
(1)
An application for site plan approval shall
be submitted to the Code Enforcement Officer for review by the Planning
Board and shall contain:
(a)
For special situations, towns and villages may
require a site plan prepared by a New York State registered architect,
landscape architect, engineer, or surveyor in accordance with the
New York State Education Law.
(b)
A site plan shall be drawn to scale and shall
contain a description of the existing and proposed berthing and mooring
facilities, showing at a minimum: name, address, parcel boundaries,
Tax Map number of the lakeshore parcel; the lake shoreline footage;
the water rights lines; the mean high water tie line; the depth of
the lakeshore bottom; and the proposed setbacks.
(2)
The site plan approval requirements of this
local. law may be integrated with the Site Plan Approval and submission
requirements contained in the Zoning Law of the Town and any permit
applications required therein.
(3)
Mooring buoys over 100 feet from the waterside
of the mean high water mark require a New York State anchorage permit.
A.
The respective town and village Planning Boards shall
use the following standards to determine the appropriateness of any
and all proposed construction of mooring and berthing facilities for
shoreline protection:
(1)
The construction of such facilities shall be
undertaken in such a way so as not to impair the water quality, cause
harm to fish or fish spawning grounds, cause problems of erosion or
sedimentation, create hazards for navigation, or otherwise threaten
the public health or safety.
(2)
Such facilities shall be constructed only of
materials which are stable and which will have no adverse effects
on water quality.
(3)
The amount of any grading, filling, earth moving,
and disturbance of land above the mean high water mark during the
construction of such facilities shall be minimized.
(4)
When deemed appropriate, mooring and berthing
facilities within the other land uses category shall provide adequate
and approved pumping facilities for waste disposal therefrom.
A.
For the purpose of this article, any lawful water-dependent
permanent structure existing at the-time of the effective date of
this article, or having already received preliminary or final site
plan approval by a municipality, which shall be made nonconforming
by the passage of this article, may be continued, except as otherwise
provided by Article 6, § 75, of the Public Lands Law.
B.
Upon the effective date of this article, no existing
nonconforming building, structure or use shall be enlarged, extended,
reconstructed, substituted, or structurally altered, except as set
forth below:
(1)
Any nonconforming building or structure damaged
by natural disaster, fire or vandalism may be restored, reconstructed
or used as before, provided that the dimensions of such use, building
or structure shall not exceed the dimensions which existed prior to
such damage, and that it be completed within 18 months of such happening.
(2)
A nonconforming mooring and berthing facility
or other structure may be made to be in conformance. The replacement
of temporary mooring and berthing facilities with permanent mooring
and berthing facilities shall comply with the regulations of this
article.
(3)
When nonconformity is changed in accordance
with the provisions hereof, the use of the building or structure shall
not thereafter be changed again, except in accordance with the regulations
of this article.
(4)
Normal maintenance and repairs and incidental
alteration of a building or structure containing a nonconformity are
permitted, provided that such does not extend the area or volume of
space occupied by the nonconformity. Piers or wharfs may require limited
expansion for repair or reconstruction based upon NYSDEC standards.
(5)
Each town or village may require any lakeside
structure which is determined to be unsound or unsafe, from a public
safety standpoint, to be removed.
(6)
Manufactured home parks (containing homes on leased land), restaurants, marinas, yacht clubs and all other lakeshore use categories included in § 160-123A(2) existing at the time of the adoption of this article can maintain no more than the currently permitted number of seasonal and permanent docks and slips pursuant to their New York State license in effect at the time of the adoption of this article or the number specified in § 160-123A(2), whichever is the greater number.
(7)
Dock placement for easement situations existing
prior to adoption of this article, shall be allowed to continue in
order to place seasonal docks in a manner consistent with the terms
and history of the shoreline easement.
C.
After the effective date of this article, the burden
of proof of conformance/nonconformance is the responsibility of the
lakeshore property owner.
A.
Lakeshore owners aggrieved by the decision of the
Code Enforcement Officer may appeal the decision to the Zoning Board
of Appeals, pursuant to § 267-a of the Town Law or § 7-712-a
of the Village Law or other applicable requirements specified by New
York State statute or case law. The Zoning Board of Appeals may grant
a variance to the provisions of this article. Dimensional criteria
for the placement of berthing and mooring facilities may be varied
in accordance with the applicable requirements of state statutes.
B.
Any variance that is granted or denied by the Zoning
Board of Appeals shall set forth in its decision the findings of fact
made in its granting or denying the requested variance, or in the
Zoning Board of Appeals decision rendering its interpretation or determination
of an appeal from an underlying administrative official's order, requirement,
decision, interpretation or determination relative to the enforcement
of this local legislation.
A.
Amendment procedures for this article are contained
in § 46-a, Subdivision (6)b of the New York State Navigation
Law. Amendments can only be made by unanimous adoption of a local
law by the municipalities, after proper public hearing and environmental
review. Such amendments shall become effective only upon submission
to and approved in writing by the Commissioner of the New York State
Office of Parks, Recreation and Historic Preservation and upon their
subsequent filing with the New York State Secretary of State.
B.
Amendments must be initiated by a resolution made
by five of the eight lakeshore municipalities, thus creating the necessity
that all eight lakeshore municipalities must address the issues set
forth in the resolution(s). Adoption of any amendments must be effected
by all respective lakeshore municipalities unanimously agreeing thereto
by resolution.
Each Town/Village Board may, by resolution,
establish appropriate fees for the review and processing of the permits
under this article.
Violations of this article shall be remedied
according to the violation and penalty section of the Village/Town
Zoning Code and consistent with § 268 of the Town Law and
§ 20-2006 of the Village Law. In addition, state laws may
apply, including the New York State Navigation Law.
This article shall take effect in the Town of
Jerusalem only after it has been adopted by the Town of Jerusalem
and thereafter by all of the other respective lakeshore municipalities
as provided by law, and its having been thereafter submitted to and
approved in writing by the Commissioner of the New York State Office
of Parks, Recreation and Historic Preservation, and then 10 days after
its filing in the office of the New York State Secretary of State.
