[HISTORY: Comes from L.L. No. 51-1984, adopted 7-10-1984, effective 7-16-1984.]
GENERAL REFERENCES
Boats and seaplanes — See Ch. 155.
Marinas and docks — See Ch. 163.
[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:
COMMISSIONER
The Commissioner of the Department of Conservation and Waterways of the Town of Hempstead.
DEPARTMENT OF CONSERVATION AND WATERWAYS
The Department of Conservation and Waterways of the Town of Hempstead.
HOUSEBOAT or FLOATING HOME
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.
PERSON
Any person, firm, association, partnership or corporation.
TOWN
The Town of Hempstead.
TOWN BOARD
The Town Board of the Town of Hempstead.
TOWN WATERWAY
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.
[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.