[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.
A.
DOCK
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.
B.
The regulations provided in this chapter apply to docks owned or
built by individuals, corporations, clubs, cooperative groups or any
other agency.
A.
Docks shall be designed to reduce obstacles to navigation and to
public use of the water to which they give access.
B.
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.
C.
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.
D.
Docks shall provide a minimum clearance of four feet above the soil
surface of marsh in vegetated intertidal areas.
E.
Access to a dock must not encroach upon or disrupt a tidal wetland
or marsh.
F.
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.
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.
B.
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.
