[HISTORY: Comes from L.L.
No. 51-1984, adopted 7-10-1984, effective 7-16-1984.]
[1]
Editor's Note: Original § 156-0 provided the
following legislative intent:
"It has come to the attention of the Town Board that watercraft
are being used for strictly residential purposes on waterways within
the Town of Hempstead. The recent proliferation of these crafts has
caused serious problems which jeopardize the quality of life in the
Town of Hempstead. These adverse effects are predominantly environmental,
although other areas of concern exist as well.
"The right of area residents and others who use Town waters
for recreational and commercial purposes to enjoy unpolluted waters
must be protected. The discharge of sewage, treated or otherwise,
from these watercraft has shown evidence of adversely affecting the
quality of our estuarline waters.
"Most notably, the quality of certified shellfish waters has
declined in locations, which can be directly attributed to current
flow from areas of high houseboat concentration. This cannot be condoned
and poses a threat to the success of the Town's efforts to revitalize
the shellfish industry. At a time when new waters are being evaluated
for opening and programs are being conducted to increase the numbers
of harvestable clams, this source of pollution must not remain unchecked.
"Other areas of concern are also being impacted. The suburban
character of the Town of Hempstead, which is important to all of us,
must be preserved. Fire hazards have been noted by local fire departments
and accessibility by police is not always adequate.
"In view of the foregoing. It is necessary and proper for
the Town Board to promulgate this chapter into the Code of the Town
of Hempstead to preserve our way of life and ensure the public health
and quality of our estuarine waters."
As used in this chapter, the following words or phrases shall
have the meanings annexed to each:
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead.
The Department of Conservation and Waterways of the Town
of Hempstead.
Includes any residential boat, boat, barge or any waterborne
structure providing residential quarters, i.e., living facilities
for one or more persons, which shall be located on or in a Town waterway,
whether or not the same is permanently anchored or secured to the
shore, bottom or bulkhead.
Any person, firm, association, partnership or corporation.
The Town of Hempstead.
The Town Board of the Town of Hempstead.
Any navigable waterway within the boundaries of the Town
and any inland waters within the Town of Hempstead.
A.
The jurisdiction over this chapter and the enforcement of the provisions
hereof shall be under the direction of the Commissioner of the Department
of Conservation and Waterways and all authorized departmental personnel.
B.
This chapter is not intended to provide jurisdiction over waterways
within the incorporated villages of the Town of Hempstead.
The use and habitation of a houseboat or floating home as a residential dwelling is prohibited. No person shall use, suffer or permit the use of land or waterways therefor, unless a permit shall have been obtained in accordance with the provisions of § 156-5 hereof.
A houseboat or floating home shall be deemed a prohibited residential
dwelling when the following are found:
A.
Moorage or dockage and habitation at a specific location for a period
in excess of 15 consecutive days.
B.
Actual annexation to the realty or something apparent thereto.
C.
The watercraft structure is designed or modified for use as residential
quarters and used as such in excess of 15 consecutive days.
A.
A houseboat or floating home designed or modified for use as residential
quarters shall not be used as such for more than 15 consecutive days
unless and until a permit is obtained from the Department of Conservation
and Waterways. The Commissioner shall issue a permit if he is satisfied
that the following requisites will be adhered to by the applicant
for said permit:
(1)
There is evidence of the fact that whatever docking facilities are
being utilized are fully accessible by land to the Nassau County Police
Department and the local fire department.
(2)
There is evidence of the fact that fresh water is available to said
vessel, all in accordance with the issuance by the Department of Buildings
of a plumbing permit and a certificate of plumbing approval.
(3)
There is evidence of the fact that electric current is available
to said vessel, all in accordance with the issuance of a certificate
by the New York Board of Fire Underwriters.
(4)
There is evidence of the fact that there is a permanent installation
from said vessel to the Nassau County sewer system or an approved
land-based septic system and that a sewer permit and certificate of
completion for said installation has been issued by the Department
of Buildings.
(5)
There is evidence of the fact that service terminations for fresh
water and sewage shall be equipped with check valves to prevent reverse
flows in connection with the respective installations. In addition,
all discharge pumps, otherwise known as ejectors, shall at all times
be located aboard the vessel and not located on the land.
(6)
There is evidence of the fact that there is compliance with applicable
zoning criteria of the Building Zone Ordinance of the Town of Hempstead
and the issuance of a permit by the Department of Buildings that the
use of premises to provide services to a vessel is lawful. Certification
of said lawful use shall be in the form of a certificate of completion
for the proposed use. The issuance of said certificate of completion,
however, is predicated upon the prior approval of the Board of Zoning
Appeals because the introduction of the use of a watercraft dwelling
unit in residential or business use districts of the Town is not an
expressly permitted use, therefore requiring approval by the Board
of Zoning Appeals.
(7)
There is evidence of the fact that adequate provision is made for
off-street parking on the land owned by the applicant for the vessel
prescribing not less than one parking space for each vessel.
(8)
There is evidence of the fact that the subject vessel and adjoining
land have been fully assessed for real estate taxes and are placed
upon the tax rolls.
(9)
There is evidence of the fact that the applicant is the owner of
the land to which the subject vessel shall be secured.
B.
No more than one permit shall be issued to any person.
There shall be a one-time application fee for a permit hereunder
of $250.
[Amended 12-13-2016 by L.L. No. 112-2016, effective 12-27-2016]
Any person or persons, corporation or other legal entity causing,
permitting or committing an offense against this chapter or any section
or provision thereof, including but not limited to owners, lessees
or other occupants of a houseboat or floating home in a Town of Hempstead
waterway, is guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not exceeding 15 days for each
such offense, or by both such fine and imprisonment. Each violator
shall be jointly and severally liable for each violation, and each
day that the violation shall exist shall be considered a separate
and distinct offense.
To afford sufficient time for compliance with the provisions
of this chapter, the enforcement of this chapter shall take effect
90 days after filing with the Secretary of State.
