Town of Irondequoit, NY Water Surface Uses and Ancillary Uses

No vessel shall be operated on Irondequoit Bay at a speed exceeding 25 miles per hour unless such vessel is being operated for the purpose of enabling a person engaged in waterskiing or other water sport to be towed, in which case no such vessel shall be operated at a speed exceeding 35 miles per hour. The Town Board may, by local law, limit the speed of vessels in Irondequoit Bay waters and post notice of such speed limits as stated in this chapter at appropriate locations serving boaters, such as marinas, boat launches and parks. Any person who operates a vessel at a speed faster than specified shall be deemed to have violated this chapter and be subject to its penalties.

No person shall operate a vessel at a speed greater than is reasonable or prudent, so as not to:

(a)

Endanger the life or limb of another person using the harbor under all conditions and having regard to the actual and potential hazards then existing.

(b)

Disturb the reasonable comfort or endanger persons on or operating another vessel or cause damage to another vessel, structure, shoreline property, or the environment or interfere with the free and proper use of the waters of any channel.

All vessels operating on Irondequoit Bay shall be subject to No-Wake Zone requirements. The no-wake/maximum five-mile-per-hour zone is located within 300 feet of the shore, the channel, a dock, pier, raft or float or an anchored or moored vessel. Wave-attenuating devices shall not be subject to the three-hundred-foot no-wake/maximum-five-mile-per-hour zone.

(4)

No vessel shall be operated in the channel between Irondequoit Bay and Lake Ontario or within 300 feet of the shore, the channel, a dock, pier, raft or float or an anchored or moored vessel in a manner or at a speed that causes a wake that unreasonably interferes with or endangers such dock, pier, raft or float or an anchored or moored vessel but in no event at a speed exceeding five miles per hour.

(5)

Notwithstanding the provisions of Subsection C(5) above, a vessel engaged in waterskiing or other towed water sport activities shall be permitted to exceed five miles per hour within 300 feet of shore, the channel, a dock, bridge, pier, raft or float or an anchored or moored vessel to enable a towed participant to take off or land.

(6)

The provisions of this section shall not apply to any vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association, provided that a permit has been issued for the same by the authorized Town official and all provisions of this chapter have been complied with.

Dredging.

Dredging within the limits of Irondequoit Bay shall be regulated by the New York State Department of Environmental Conservation and the U.S. Army Corps of Engineers. No dredging hereinafter shall be permitted in any Resource Protection Areas as identified on the Irondequoit Bay Water Surface Use Map except for maintenance dredging, which has been previously approved.

The only area deemed appropriate for additional dredging is the North Harbor Area. Dredging in the North Harbor Area should only be considered with further biological and chemical analysis and approval by the New York State Department of Environmental Conservation and the U.S. Army Corps of Engineers. No permits for dredging to accommodate new and/or expanded facilities should be issued outside of the North Harbor Area.

Hazards to navigation; abandoned vessels.

Any vessel which becomes a menace to navigation shall be immediately removed by the owner. Failure on the owner's part to remove such vessel shall result in its removal by the Town or its designee. The cost of such removal shall be borne by the owner.

Any vessel which sinks, grounds or otherwise becomes disabled or incapable of navigation which does not pose an immediate threat to navigation on the Bay shall be removed or restored to navigable condition by the owner upon written notice from the Town, which notice shall be sent by registered mail to the vessel's owner. Failure on the owner's part to remove such vessel shall result in its removal by the Town or its designee. The cost of such removal shall be borne by the owner.

In cases where the Town Board or its designated agent may direct the removal or disposal of a vessel, the cost of removal, including storage charges, shall attach to and shall become a lien upon the vessel and be chargeable against the owner of the vessel. The vessel may be sold upon direction of the court at a public auction to defray expenses, and any surplus shall be returned to the owner of record. The Town shall not be liable for any damage done to the vessel during its removal, storage and sale.

(4)

Unattended vessels shall not be moored or anchored overnight in Irondequoit Bay without registering the vessel with the Town. Vessels moored or anchored overnight without registration may be impounded by the Town. The owner shall be liable for payment of overnight fees, if applicable, along with expenses for its removal and storage. The Town shall not be liable for damage done to impounded vessels during their removal and storage.

(5)

Waterfront and shore protection structures shall be maintained and repaired as necessary and must not pose a threat to shoreline erosion, boating and public safety.

Marine maintenance and environmental protection.

Sanitary equipment aboard a vessel must meet the applicable standards established by the appropriate federal, state and local agencies.

Marina operators shall not discharge any pollutant, such as from boat washing, power washing, painting and other maintenance activities, to surface waters or groundwaters of the state without a State Pollutant Discharge Elimination System (SPDES) permit.

Best management practices shall be followed by in-water and waterfront activities, including but not limited to use of contained work areas to reduce residuals (e.g., sanding residue, solvents, oils); source controls (e.g., sander vacuums); use of swales around parking areas to contain runoff and facilitate percolation and filtering; use of pervious materials in the upland areas; adequate receptacles for disposal and recycling of solid waste; holding tanks or dry wells to capture first flush runoff; disposal of fish waste; proper on-site storage and disposal techniques for waste fuel and used oil, spent solvents and antifreeze and signage directing users to the disposal areas; petroleum control techniques, including the installation of fuel/air separators on all vessels and the use of oil-absorbent bilge pads; minimizing the use of cleaners (teak cleaners, fiberglass polish, detergents) and bottom paints, cleaning outside the water, and use of phosphate-free and biodegradable cleaning compounds.

(4)

Fueling stations shall be located where spills can be contained in a limited area; spill contingency plans are in place for storage and fueling dispensation areas; and spill containment equipment is readily accessible in a nearby locker.

Waterskiing.

No person shall ride on water skis or similar device, or use or operate a vessel to tow a person thereon, within the designated harbor areas or the navigation channel.

Water-skiers in other areas of the Bay shall comply with the provisions of the New York State Navigation Law.

Personal watercraft.

All operators shall obtain the necessary training and certification prior to operating any personal watercrafts.

All operators and riders of personal watercraft shall wear a United States Coast Guard approved personal flotation device.

No operators of personal watercraft shall:

(a)

Operate said apparatus in such a manner so as to become airborne or completely leave the water while crossing the wake of another vessel (wake-jumping).

(b)

Operate in any manner or at any speed which is reckless, unsafe or hazardous to public safety, giving due regard to visibility, traffic density, state of wind, water and current, proximity of other craft, operators and water users, and proximity of navigational hazards.

(c)

Tow any water-skier, raft or other non-motorized vehicle, unless the personal watercraft accommodates three people and has an observer/spotter on board that is at least 10 years of age.

Swimming/skin diving.

No person shall skin dive or use self-contained underwater breathing apparatus (SCUBA) in Irondequoit Bay unless a regulation red diving flag is displayed in accordance with the Navigation Law. No person shall allow or permit such diving flag to remain in any area unless a person is skin diving in said area while such flag is displayed.

No person shall operate a vessel within 100 feet of any area marked for skin diving by the placement of a regulation red diving flag.

Commercial activities. Any commercial use or activity operating on the waters of Irondequoit Bay shall first receive a permit from the Town in which the docking facilities accommodating such use are located. No such use or activity shall be situated or conducted in a manner which may interfere with the full use of channels and open water, nor shall any vessel engaged in such use or activity be moored or anchored within a minimum of 50 feet of any dock or other vessel docking or launching facilities.

Organized events. All organized events, such as winter festivals, competitions, regattas, races or derbies, shall be permitted subject to approval by the Town to minimize conflicts.

Vehicle use. No automobiles or trucks shall be permitted on the surface of Irondequoit Bay at any time.

Use of bubbler/aeration systems.

No bubbler/aeration system shall be installed, modified, enlarged or repaired in Irondequoit Bay without first obtaining a permit for such activity from the Town. Application for the said permit shall be accompanied by a location plan and specifications of the proposed installation, modification, enlargement or repair. The Town shall review said application with the Harbor Management Committee for the determination of its potential impacts. Upon a finding that the proposed system will not create an adverse impact on the Bay or surrounding property owners and other users in the area, the Town may issue a permit subject to conditions and recommendations set forth in the Irondequoit Bay Harbor Management Plan.

Bubblers involving construction of any type of base shall be subject to approval by the U.S. Army Corps of Engineers (USACE) and the NYSDEC.

All bubblers installed in Irondequoit Bay shall be accompanied by signs reading "CAUTION: THIN ICE" during the winter season. Said signs shall be visible at a distance of at least 100 feet from the affected area.

Operation of aircraft. Operation of aircraft within the Irondequoit Bay area shall comply with all applicable federal aviation regulations and Town regulations pertaining to the construction of landside support facilities.

Marine sanitation devices. Any vessel with an approved Marine Sanitation Device or waste holding tank shall comply with all applicable sanitary codes.

Decorative/recreational structures and devices. It shall be hereby deemed unlawful to install anchored fountains, water slides, ski jumps, trampolines, driving ranges or other decorative/recreational structural devices within the waters of Irondequoit Bay.

Aquatic vegetation control. The installation of any bottom barriers, use of weed harvesters or use of aquatic pesticides within the waters of Irondequoit Bay shall be subject to review by the NYSDEC and may require a permit.

§ 149-6 Ancillary uses.

Dry boat storage. Dry boat storage or "ramped boat storage" shall only be permitted in cases where the site is able to accommodate proposed storage structures, adequate parking facilities and launching areas. Dry boat storage can take the place of or be combined with wet storage, but the total shall not exceed the number of permitted slips on any given site established by the Town of Irondequoit Dock Ordinance.

Tree topping/removal.

Removal or topping of trees within the Irondequoit Bay Harbor Management Plan boundary area shall be prohibited unless it is demonstrated that such activity is to be undertaken to protect the safety of the property owner or structures on said property.