A.
For the purposes of this article, docks, moorings
and dry storage are all considered the same in establishing the amount
of permitted boat storage on a parcel.
B.
Boat storage shall be permitted only as an accessory
use to the principal permitted use of a property. Rail systems and
boat hoists shall be considered accessory uses to docks and moorings.
No dock in any residential zoning district shall be utilized for commercial
purposes.
C.
No vessel or float shall be so docked, moored or anchored
so that it at any time rests within any channel or fairway, interferes
with the full use of such channel or fairway or obstructs navigational
aids and signage.
D.
No vessel or float shall be moored or anchored so
that it interferes with access to an adjoining or nearby property.
E.
No boat shall be docked, hoisted or moored within
10 feet of an adjoining property line, as extended at a ninety-degree
angle to the shoreline. No accessory structure supporting water-dependent
uses shall be permitted within 10 feet of an adjoining property line.
F.
No person shall moor or secure a vessel or float at
a public dock or mooring located in Irondequoit Bay without first
obtaining a permit from the authorized Town official and/or any other
appropriate agency having jurisdiction.
G.
No dredging shall be permitted within any area of
the Bay, with the exception of the North Harbor Area, to accommodate
the installation of new docks, moorings or dry storage facilities.
H.
No person shall place a mooring or float in the territorial
waters of the Town without the consent of the authorized Town official
and obtaining a permit from the Town Clerk.
I.
Rafting at a public dock or mooring is prohibited
unless expressly allowed by the authorized Town official.
J.
The Planning Board shall have the authority of site
plan review to approve placement of multiple berths (wet and dry)
in or adjacent to Irondequoit Bay.
A.
Resource protection areas. Boat storage is incompatible
with Resource Protection Areas and shall be restricted in such areas.
If permitted, dock and mooring development in Resource Protection
Areas shall be limited based on its proximity to significant habitat
areas and its potential impact on such environmental features. Each
parcel within Resource Protection Areas, regardless of parcel use,
may be permitted to have a maximum of one dock or one mooring.
(1)
Standards for docks.
(a)
Prior to the issuance of a dock permit in these
areas, the applicant shall be responsible for identifying other reasonable
alternatives such as mooring offshore with minimal shoreline development
or access to nearby off-site docking facilities.
(b)
In no case shall any dock in such areas extend
offshore more than 50 feet and exceed a maximum of 200 square feet
in area.
(c)
No commercial docking or marina activity shall
be permitted in Resource Protection Areas.
(2)
Standards for moorings.
(a)
No mooring shall be placed so that the swing
of the boat attached to the mooring drifts within 10 feet of the property
line, as extended at a ninety-degree angle to the shoreline.
(b)
A mooring shall only be placed in water that
is at least eight feet deep but no more than 30 feet deep throughout
the boating season.
(c)
A mooring buoy shall be white with a blue stripe
large enough to display the permit number issued by the Town but no
more than 32 inches in diameter.
(d)
A mooring may not be placed further than 100
feet from the shoreline unless it is located in a Special Anchorage
Area as designated on the Water Surface Use Map and approved by the
authorized Town official.
(e)
A mooring shall not be placed any closer than
50 feet to a dock or float.
(f)
A mooring shall be anchored with an appropriate,
retrievable, device, as approved by the authorized Town official.
(3)
Dry storage facilities. Dry storage structures shall
not be permitted in Resource Protection Areas.
B.
Near Shore Areas. Near Shore Areas are designated
on the Water Surface Use Map and extend 300 feet from the shore.
(1)
Standards for docks.
(a)
In cases where environmental constraints exist
or landside support is inadequate, alternative options for riparian
access should be explored. This may include shared docking facilities,
mooring offshore with minimal shoreline development, or access to
nearby off-site dock facilities.
(b)
Each single-family residentially zoned parcel
within Near Shore Areas may be permitted to have a maximum of one
dock or one mooring. Docks shall not extend offshore more than 50
feet and exceed a maximum of 200 square feet in area.
(c)
Docks serving multifamily sites.
[1]
The number of docks serving multifamily residential
sites shall be limited based on the linear feet of shoreline contained
within the parcel. The calculations to determine the maximum number
of boats stored on a multifamily parcel shall be based on the length
of shoreline as follows:
|
Linear Feet
|
Number of Docks or Boats
| |
|---|---|---|
|
0 to 100
|
1 dock or 2 boats
| |
|
101 to 250
|
2 docks or 4 boats
| |
|
251 to 500
|
3 docks or 6 boats
| |
|
Greater than 500
|
1 dock or 2 boats per 150 linear feet
|
[2]
The dock structure associated with multifamily
parcels shall not extend offshore more than 200 feet and not exceed
200 square feet for the first dock plus 50 square feet for each additional
dock. If adequate water depth is not found within 200 feet of the
shoreline, alternative docking/boat storage options shall be explored.
(d)
No new commercial boat storage (including dry
storage) shall be allowed in Near Shore Areas.
(2)
Standards for moorings.
(a)
No mooring shall be placed so that the swing
of the boat attached to the mooring drifts within 10 feet of the extension
of the property line.
(b)
A mooring shall be placed in water that is at
least eight feet and no more than 30 feet deep throughout the boating
season.
(c)
A mooring buoy shall be white with a blue stripe
large enough to display the permit number issued by the Town but no
more than 32 inches in diameter.
(d)
A mooring may not be placed further than 100
feet from the shoreline unless it is located in a Special Anchorage
Area designated on the Water Surface Use Map and approved by the authorized
Town official.
(e)
A mooring shall not be placed any closer than
50 feet to a dock or float.
(f)
A mooring shall be anchored with an appropriate
device as approved by the authorized Town official.
C.
Harbor areas. Harbor areas are established within
the Irondequoit Bay to provide public access, safe refuge, transient
berthing and commercial marina activities. Harbor areas meet three
primary locational criteria, including water depth, Waterfront Development
District zoning and landside support (at least 0.8 parking spaces
per wet or dry berth).
(1)
Standards for public and private docks.
(a)
In cases where environmental constraints exist
or landside support is inadequate, alternative options for riparian
access should be explored. This may include shared docking facilities,
dry storage facilities or mooring offshore with minimal shoreline
development.
(2)
Standards for moorings.
(a)
No mooring shall be placed so that the swing
of the boat attached to the mooring drifts within 10 feet of the property
line, as extended at a ninety-degree angle to the shoreline.
(b)
A mooring shall be placed in water that is at
least eight feet and no more than 30 feet deep throughout the boating
season.
(c)
A mooring buoy shall be white with a blue stripe
large enough to display the permit number issued by the Town but no
more than 32 inches in diameter.
(d)
A mooring may not be placed further than 100
feet from the shoreline unless it is located in a Special Anchorage
Area as designated on the Water Surface Use Map and approved by the
authorized Town official.
(e)
A mooring shall not be placed any closer than
50 feet to a dock or float.
(f)
A mooring shall be anchored with an appropriate,
retrievable device, as approved by the authorized Town official.
(3)
Standards for dry storage facilities.
(a)
Dry storage structures may be permitted in the
Harbor Areas where wet storage facilities are inappropriate or where
such facilities would cause significant impact upon natural resources.
(b)
Dry storage structures may be combined with wet storage facilities; however, the total number of slips for a specific harbor area shall not exceed the maximum number set forth in Subsection C(4) of this section.
(c)
Dry storage structures must be designed to be
compatible with and not a visual nuisance to the surroundings or adversely
affect access to property or views from adjoining parcels. Location
and design of all dry storage structures shall be subject to site
plan approval by the Planning Board.
(4)
Boat storage limitations.
(a)
North Harbor.
[1]
The North Harbor includes the outlet channel
and water surface area on either side of the channel at the north
end of the Bay. The regulated docking capacity for the North Harbor
Area is a total of 414 berths, which may include transient docks,
seasonal docks, permanent moorings and dry storage. The location and
number of berths to be permitted at any individual site within this
area shall be dependent upon available landside support facilities
and water surface area.
[2]
The North Harbor Area has a Special Anchorage
Area established within it to provide a formal location for anchoring
vessels. This Special Anchorage Area is designated on the Water Surface
Use Map. Water surface uses allowed within the Special Anchorage Area
include transient anchorage. The authorized Town official shall be
responsible for managing the Special Anchorage Areas within the Town
and assigning permits.
(b)
Center Harbor. The Center Harbor Area is located
on the west side of Irondequoit Bay south of the Route 104 bridge,
including the Newport Marina. Any additional berths in this area shall
be contingent on providing additional landside support. The regulated
capacity for the Center Harbor Area is a total of 217 boats.
A.
Public docks and moorings: general provisions.
(1)
The Town Board may establish, by resolution, rules
and regulations for the operation of the docks, moorings and marine
facilities under its jurisdiction. Such rules shall be posted at the
Town Hall and at the Town docks.
(2)
The Town Board may, from time to time, establish,
by resolution, administrative fees for the transient and seasonal
use of Town facilities.
(3)
Applicants utilizing Town facilities shall hold the
Town harmless from any and all liability, including counsel fees,
costs and disbursements, resulting from operation or dockage of the
vessel or the use of the Town facilities by the vessel, owner or crew.
(4)
All fastenings to any docks and moorings of the Town
shall be done in a seamanlike manner as determined by and subject
to periodic inspection by the Town.
(5)
No commercial, ancillary activities or services shall
be allowed on public docks without issuance of a special use permit
by the Town of Irondequoit.
B.
Public docks.
(1)
The authorized Town official shall designate and assign
available transient berthing space for vessels at the public docks
upon payment of the required fee. Space shall not be occupied without
paying the required fee.
(2)
The authorized Town official may also assign seasonal,
temporary or interim accommodations for the docking of visiting commercial
vessels at these docks upon payment of the required fee. Applications
for such accommodation shall be made in writing to the authorized
Town official.
(3)
The authorized Town official shall post all docking
regulations and safety procedures and other appropriate information
to assure safe use of the Bay.
(4)
All vessels shall be berthed under the supervision
and direction of the authorized Town official. Failure by a captain
to act in response to directives of the authorized Town official shall
result in the loss of privileges without reimbursement of fees and
other penalties as may apply.
(5)
Except in the case of emergency or as otherwise approved
by the Town, maximum stay at the docks shall be limited to 72 hours
for recreational pleasure craft. In cases where vessels must overstay
this limit because of unsafe or disabling conditions, the vessel owner
must promptly notify the authorized Town official. The authorized
Town official may then waive the limit and impose additional fees
as may be reasonable given the circumstances.
(6)
All vessels must be operated and secured in a safe
and protective manner. The Town assumes no liability for damage to
craft or injury that may result from dockage at public docks.
(7)
No rafting is permitted at public docks unless expressly
allowed by the authorized Town official.
C.
Public moorings.
(1)
Use and assignment of moorings shall be supervised
by the authorized Town official. Seasonal moorings shall be occupied
only upon the submission and approval of an application and the issuance
of a permit.
(2)
Mooring application forms shall be available through
the office of the Town Clerk. Annual applications may be submitted
no earlier than January 1 of each year with the appropriate fee, established
by the Town Board.
(3)
When an applicant has been approved for a mooring,
the authorized Town official shall assign a mooring and mooring registration
number. A seasonal mooring permit shall be valid for only the stated
vessel at a designated mooring, from the date of issue to December
31 of that year.
(4)
The mooring float shall be marked by the Town with
the mooring registration numbers in black lettering four inches high,
minimum.
(5)
Relocating moorings shall be prohibited without prior
approval of the authorized Town official.
(6)
A permit holder shall be deemed to have forfeited
the registered mooring by refusing the grant of a mooring permit when
offered or not occupying the mooring by the permitted vessel for a
period of one month from the grant date unless approval has otherwise
been granted by the authorized Town official.
(7)
Only one mooring per person shall be permitted, and
the permit for said mooring shall be nontransferable.
(8)
If a permit holder is temporarily without a vessel,
the permit holder may apply to the authorized Town official to retain
that mooring permit for a designated period of time.
(9)
If mooring space is not available, the applicant's
name will be added to a waiting list upon request. The list shall
be maintained in the office of the Town Clerk and made available upon
request. It shall contain the names of persons who applied for a mooring,
the date of application, the area in which such space is desired,
and the size of the vessel. The waiting list shall be maintained in
the order of the date of application (month, day, year). To maintain
a place on the waiting list, applicants must reapply on an annual
basis.
(10)
All moorings in the mooring field shall be available
to transient vessels. Transient mooring floats will be distinctly
marked. No transient mooring shall be occupied for a period longer
than 48 hours, unless expressly allowed by the authorized Town official.
(11)
Overnight transient moorings, beginning at 12:00
noon each day, shall be available from the authorized Town official
after payment of the appropriate fee.
D.
Private docks.
(1)
All docks are considered accessory structures and
uses and there must be a principal use on the site to accommodate
them.
(2)
No building permit for a private dock shall be issued
unless a NYSDEC Article 15 and/or 24 permit and an Article 404 permit
from USACE has been issued.
(3)
Review of permit applications for all docks shall
take into account the specific areas, as identified on the Water Surface
Use Map, in which they are being installed, proximity to adjacent
property lines, impact on unique environmental features, depth of
water and landside support.
(4)
Dredging for dock installation and subsequent maintenance
dredging is discouraged in all cases; however, dredging may be permitted
in the harbor areas or where a preexisting, nonconforming condition
occurs, as identified in the Harbor Management Plan.
(5)
The authorized Town official will inspect the dock
upon its completion to insure safety standards and compliance with
all permit conditions.
(6)
No dock shall be used for commercial purposes unless
approved by the Town as a marina activity. Leasing or rental of private
residential docks is prohibited.
(7)
The authorized Town official shall keep an updated
inventory of all docks.
E.
Private moorings.
(1)
All private moorings outside of the harbor area shall
be accessory to the principal land use.
(2)
A private mooring shall not be installed into the
waters of Irondequoit Bay unless a Town permit and applicable NYSDEC
and USACE permits have been issued.
(3)
Issuance of permits for all moorings shall take into
account safety, day and night navigation, water depth, bottom conditions,
tackle, access and compliance and consistency with the Irondequoit
Bay Harbor Management Plan. No moored vessel shall be situated in
a manner which may interfere with the full use of channels and open
water, nor shall any vessel be moored or anchored within a minimum
of 50 feet of any dock, pier or other vessel docking or launching
facilities.
(4)
All moorings must have the tackle and anchor inspected
by the authorized Town official prior to their setting.
(5)
Every permittee shall be required to maintain the
mooring in a safe condition. Any chain, shackle, swivel or other tackle
which has become warped or worn by 1/3 of its normal diameter shall
be replaced. Failure to maintain a safe mooring shall be cause for
revocation of the mooring permit and shall be deemed a violation of
this chapter. The authorized Town official may inspect moorings at
any time to determine compliance with this section.
(6)
All moorings shall be inspected every three years
by a qualified third-party inspector. Said inspector shall certify
that the mooring is properly installed subject to the requirements
of the U.S. Coast Guard.
(7)
All costs of any mooring inspection required under
the provisions of this chapter shall be borne by the mooring owner.
(8)
The authorized Town official shall keep a detailed
record of all private moorings. This record shall include the mooring
location and number, information from the mooring permit application,
the date the mooring was set, and any other information deemed necessary
by the Harbor Management Committee, and the location of docks, floats
and moorings plotted on a map showing the location of all moorings
within the Bay.
(9)
Leasing or rental of private moorings shall be prohibited.
(10)
The authorized Town official shall have authority,
for reasons of safety, to direct and order that the location, position
or tackle of moorings be changed or use suspended in periods of storm
conditions. The authorized Town official shall give notice to the
owner or operator of the vessel using such mooring, and compliance
shall be required immediately in such circumstances. Failure to comply
with such direction or order of the authorized Town official by any
person shall be a violation of this chapter, subject to the appropriate
penalty.
(11)
The owner of a mooring shall be responsible
for winterizing the mooring to insure that it is not damaged or moved
by ice or other weather-related events.
F.
Floats/rafts. No new floats or rafts shall be allowed
on the waters of Irondequoit Bay.
