[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 7-18-1989 by L.L. No. 2-1989. Amendments noted where applicable.]
Unregulated construction of private docks giving access to the Nissequogue River, Smithtown Bay and Stony Brook Harbor is not compatible with the Local Waterfront Revitalization Program of the Village of Nissequogue.
As used in this chapter, the following terms shall have the meanings indicated:
- Any structure providing access to the waters of the Nissequogue River, Smithtown Bay or Stony Brook Harbor from land located within the Village of Nissequogue, whether such dock is constructed for access by boat, for boat launching, for swimming, for fishing or for any other use, recreational or otherwise.
The regulations provided in this chapter apply to docks owned or built by individuals, corporations, clubs, cooperative groups or any other agency.
Docks shall be designed to reduce obstacles to navigation and to public use of the water to which they give access.
Docks shall be constructed in a location and in a manner which avoids the need for dredging and which in no way interferes with navigability.
Docks shall be designed and constructed so that they do not impede the movement of water within the Nissequogue River, Smithtown Bay or Stony Brook Harbor, nor interfere with the functioning of the Nissequogue River or Stony Brook Harbor as prime wildlife habitats and nesting areas.
Docks shall provide a minimum clearance of four feet above the soil surface of marsh in vegetated intertidal areas.
Access to a dock must not encroach upon or disrupt a tidal wetland or marsh.
Expanded or reconstructed docks must comply with all regulations applicable to new docks.
Pressure-treated wood is preferred for construction and/or repair of docks. Creosote or other applied wood preservatives are not permitted.
A building permit must be obtained for the construction, reconstruction or expansion of a dock. Minor repairs entirely above the high-tide water level (e.g., decking) do not require a building permit, but must be done with approved materials only.
A design plan must be submitted with the application for a building permit which includes specifications for all materials and which indicates the exact location of the proposed structure and the access to it from the land.
Any dock constructed, reconstructed or extended after the passage of this law which does not conform to the provisions of this chapter shall be removed.
Permits for building actions in tidal wetland areas are issued by the Department of Environmental Conservation of the State of New York. State permit requirements are not affected by this chapter, and no dock may be erected within the Village of Nissequogue for which state requirements have not been met. The obtaining of a permit from the Department of Environmental Conservation shall not be a substitute for a village permit issued in conformity with this chapter.