[HISTORY: Comes from L.L.
No. 18-1967, adopted 11-14-1967, effective 11-21-1967.]
GENERAL REFERENCES
Marinas and docks — See Ch. 163.
[1]
Editor's Note: This chapter repeals Local Law No. 3-1964,
adopted 7-14-1964, but provides that any permits issued pursuant to
the prior law shall be deemed to have been issued pursuant to the
present chapter and shall be governed accordingly.
The following definitions shall apply in the enforcement and
interpretation of this chapter.
Shall be defined as any structure, except a building, whose
function is to retain soil or any other material from eroding into
a waterway.
Refer to the mean sea level or average height of the sea
at Sandy Hook, New Jersey, all stages of the tide being considered,
as determined by the United States Coast and Geodetic Survey.
The person designated by the Town Board as the Director of
the Department of Conservation and Waterways.
Apply to waters having a depth of at least four feet at ordinary
low tide.
Includes any submerged or underground cables, pipes, or any
fixtures crossing any waterway; a float or series of floats, a pier,
a dock, mooring pile or spile, and any fixture or appurtenance extending
under, to, over or into the navigable waters, and bulkheading.
[Amended 5-6-1969 by L.L. No. 15-1969, effective 5-13-1969]
Includes any waterway or watercourse of the Town of Hempstead,
the bed of which is owned by the Town, or in which the Town has any
interest for drainage or otherwise.
[Amended 5-6-1969 by L.L. No. 15-1969, effective 5-13-1969]
A.
No person shall maintain, construct or install, or cause to be maintained,
constructed or installed, any structure over, on, into or adjacent
to any waterway of the Town of Hempstead except after obtaining a
permit from the Director of the Department of Conservation and Waterways.
B.
No provision of this chapter shall relieve a person from complying
with the provisions of any federal or state law or regulation, including
but not limited to the acquisition of any other required permit or
approval by the New York State Department of Environmental Conservation
pursuant to Article 25, Title 4, of the Tidal Wetlands Act.[1]
[Added 8-30-1988 by L.L. No. 66-1988, effective 9-6-1988]
[1]
Editor's Note: See § 25-0401 et seq. of the
Environmental Conservation Law.
A.
Every person who shall apply for a permit to construct or install
a structure, motoring pile or spile permitted by this chapter shall
file a verified application, in triplicate, on forms to be provided
by the Director of the Department of Conservation and Waterways, stating:
(1)
His name and address.
(2)
His status as owner, lessee, licensee or otherwise of the upland
immediately abutting the mean high-water mark at the place where such
structure, mooring pile or spile is proposed to be constructed or
maintained.
(3)
The name and address of the owner of such upland (if the applicant
is not the owner thereof).
(4)
The manner in which such upland is zoned.
(5)
The exact use to which the applicant intends to put such upland after
the permit is issued.
(6)
The exact use to which the applicant intends to put such structure,
mooring pile or spile after the permit is issued.
(7)
A plan of the proposed structure, mooring pile or spile, showing
structural details and location with respect to the applicant's
property.
(8)
The estimated cost of the proposed structure, mooring pile or spile.
(9)
A general description of any other structures, mooring piles or spiles
proposed to be erected or maintained on such structure or annexed
to said mooring pile or spile.
(10)
That the plans attached to said application are complete and
accurate.
B.
Bulkheading.
[Amended 5-6-1969 by L.L. No. 15-1969, effective 5-13-1969]
(1)
Any bulkheading, including that which is required to be constructed pursuant to Chapter 86 of the Code of the Town of Hempstead, shall be constructed in conformity with plans and design computations prepared by a professional engineer or architect licensed in the State of New York, as approved in conjunction with the issuance of the permit. Where the existing depth of bog at the bulkhead line does not exceed six feet after consolidation, or where the existing depth of bog at the bulkhead line does not exceed eight feet before consolidation, bulkhead specifications of the Nassau County Planning Commission will be acceptable in lieu of plans and design computations prepared by a professional engineer or architect licensed in the State of New York.
(2)
The top whale of any bulkhead installed pursuant to this chapter
of the Code shall be at a minimum elevation of six feet above the
datum plane as defined in this chapter.
A.
Under this chapter, each applicant for a permit to construct or install,
for noncommercial, nonbusiness purposes, a structure, mooring pile
or spile for the applicant's personal use, in connection with
upland zoned or used for residential purposes, shall:
(1)
Attach a plot plan to the application, showing the parcel of upland
in connection with which such structure, mooring pile or spile is
intended to be used.
(2)
Indicate the portion of said waterway intended to be occupied by
such structure, mooring pile or spile.
(3)
Submit plans of such structure, mooring pile or spile, satisfactory
to the Director.
(4)
Submit proof satisfactory to the Town Attorney that the applicant
is the owner of the upland.
B.
Except for a structure defined as bulkheading, each applicant for permission to construct or maintain a structure, mooring pile or spile, pursuant to this chapter, and not applicable to § 168-4A herein, shall attach to the application:
(1)
A plot plan prepared by a licensed surveyor or engineer, showing
the parcel of upland in connection with which the structure, mooring
pile or spile is intended to be used.
(2)
The plans of said structure, mooring pile or spile, prepared by a
licensed engineer, satisfactory to the Director.
(3)
Proof satisfactory to the Town Attorney that the applicant is the
owner of the upland.
C.
Under this chapter, each applicant for a permit to install or replace
bulkheading shall attach a survey to the application, prepared by
a land surveyor licensed by the State of New York, showing the property
lines, the location of the proposed bulkheading and such other topographic
features as may be deemed necessary by the Director.
[Amended 3-16-1982 by L.L. No. 25-1982, effective 3-22-1982]
The fees for filing applications shall be as follows:
[Amended 5-6-1969 by L.L. No. 15-1969, effective 5-13-1969]
Application for installation, construction, replacement or alteration
of a structure, mooring pile or spile, will be examined for compliance
with laws, ordinances, regulations and specifications governing such
structures, mooring piles and spiles, and approved or disapproved
by the Director based on such compliance. Upon approval of such application,
a permit will be issued by the Director of the Department of Conservation
and Waterways.
Any structure defined as bulkheading, installed or replaced
in accordance with provisions of this chapter, shall at all times
be maintained by the permittee, his successor or assignee of the adjacent
upland, in good repair and in such a condition as to prevent erosion
of any retained soil or other material into the waterway so as not
to impair navigation within the waterway.
Any structure, mooring pile or spile, except bulkheading, erected
or installed under this chapter, shall at all times be maintained
by the permittee, his successor or assignee of the adjacent upland,
in good repair and condition and not as a menace to navigation or
to persons using the structure, mooring pile or spile, and the Town
Board, upon finding reasonable cause to believe that the permittee,
his successor or assignee of the adjacent upland has failed to comply
with this section, may forthwith suspend any permit issued under this
chapter for a period not to exceed 30 days, and after a hearing, on
written notice mailed to the permittee, his successor or assignee
of the adjacent upland at his last known address, and at least 10
days prior to such hearing, may revoke such permit and remove or repair
such structure, mooring pile or spile and charge the permittee, his
successor or assignee of the adjacent upland with the expense of such
removal or repair.
A structure, mooring pile or spile erected in accordance with
the provisions of this chapter shall be maintained in such manner
that there shall be no interference with navigation nor with public
usage of the waterway.
Notwithstanding any facts concerning a proposed structure, mooring
pile or spile which may be contrary to the provisions of this chapter,
the Town Board may direct that a permit be issued if it shall find
that strict compliance with these provisions will create practical
difficulties or unnecessary hardships or if it shall find the proposed
structure to be in the public interest.
In approving any structure, mooring pile or spile hereunder,
the Town Board may impose whatever conditions it may find necessary
for the public health, safety or welfare.
No structure, mooring pile or spile shall be installed, constructed
or maintained unless it shall comply with the following regulations:
A.
Structures subject to § 168-4 hereof shall be of sound, approved engineering design, and, except for floats, shall have a minimum waterway and freeway clearance of six feet above mean sea level, Nassau County Datum Plane, and be of open pile-type design, and the supporting bents of such structures shall have a minimum distance of six feet on centers in any direction.
B.
The location, design and use of the structure, mooring pile or spile
shall comply with all local laws, public health laws and requirements
and conform to the standards of construction consistent with the prevention
of fire hazards.
C.
Whenever bulkheading shall be installed or replaced in accordance
with the provisions of this chapter, navigable water shall be provided
on the waterway side of such bulkheading in such manner and of such
depth, consistent with existing channels, as in the opinion of the
Director shall be deemed appropriate and in conformity with sound
principles of navigability and conservation.
D.
Additional rules and regulations. The Town Board shall establish
rules and regulations or amend the same, by resolution, to secure
the intent, purpose and enforcement of this chapter. The Director
of the Department of Conservation and Waterways shall recommend such
rules and regulations to the Town Board. Before making such recommendations,
the Director of the Department of Conservation and Waterways shall
hold a public hearing on the proposed rules and regulations and any
amendments thereto, upon at least seven days' prior notice of
the time and place of such hearing, by publication in the official
newspaper of the Town.
[Added 5-6-1969 by L.L. No. 15-1969, effective 5-13-1969]
[Amended 3-19-1968 by L.L. No. 4-1968, effective 4-8-1968; 12-13-2016 by L.L.
No. 113-2016, effective 12-27-2016]
Any person or persons, corporation or other legal entity committing
an offense against this chapter or any section or provision thereof,
including but not limited to owners, lessees or occupants of upland
immediately adjacent to a Town of Hempstead waterway and/or any person
or persons, corporation or other legal entity actually maintaining
or performing construction or installation of structures in violation
of this chapter, 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.
The administration and enforcement of this chapter shall be
under the jurisdiction of the Director of the Department of Conservation
and Waterways, subject to the direction of the Town Board.
