[Adopted 10-6-2011 by L.L. No. 2-2011[1]]
[1]
Editor's Note: This local law also repealed former Art. III,
Canandaigua Lake Uniform Docking and Mooring Standards, adopted 5-15-2003
by L.L. No. 2-2003.
This article shall be known and may be cited as the "Canandaigua
Lake Uniform Docking and Mooring Law."
The purpose and intent of this article is to:
A.
Regulate navigational access to Canandaigua Lake, a navigable water
of the State of New York and a resource that is held in public trust
and owned by the State of New York, based on a uniform set of standards
adopted by the City of Canandaigua and the Towns of Canandaigua, Gorham,
Italy, Middlesex and South Bristol that include, at a minimum:
B.
Protect the public's interest in navigation, public access,
fishing, swimming and environmental and aesthetic protection.
C.
Ensure the adjoining parcel owners reasonable navigational access
to Canandaigua Lake.
D.
Provide navigational access in a manner that minimizes overcrowding,
congestion and hazards to navigation on Canandaigua Lake.
E.
Regulate and restrict the manner of construction and location of
docking and mooring facilities, associated facilities, and related
structures constructed in or over the underwater lands of Canandaigua
Lake in a manner that is consistent with the laws and regulations
of the State of New York and the United States within or bounding
this municipality to a distance of 1,500 feet of the mean high water
mark.
F.
Protect the public health, safety and welfare.
G.
Advance the orderly development of the City of Canandaigua that is
consistent with the provisions of any and all local laws, regulations,
or ordinances related to the land adjoining the mean high water mark.
A.
In accordance with § 46-a, Subdivision 4, of the New York
State Navigation Law, the City of Canandaigua has the authority to
enact and enforce uniform local laws to regulate the manner of construction
and location of docking and mooring facilities, associated facilities,
and related structures, including related accessorial uses in any
waters of Canandaigua Lake bounding or within such municipality to
a distance of 1,500 feet from the shoreline.
B.
Based on this authority, any and all construction, expansion, suspension,
installation, anchorage, replacement, alteration, modification, or
enlargement of any docking and mooring facilities, related structures
and associated facilities in the waters of Canandaigua Lake bounded
by or within the City of Canandaigua to a distance of 1,500 feet from
the shoreline shall comply with the provision of this article, the
Canandaigua Lake Uniform Docking and Mooring Law. Any structure, including
but not limited to gazebos, decks, porches and shelters, not related
to docking and mooring, or providing reasonable navigational access,
is prohibited waterside of the mean high water mark.
C.
All regulations contained in this article apply to the adjoining
parcel based on the number of lineal feet of shoreline and in compliance
with the adjoining zoning district.
A.
Activities and actions regulated under this article may also be subject
to other state and federal laws or regulations.
B.
When more restrictive state or federal regulations or laws are applicable,
they shall take precedence.
C.
It is the responsibility of the adjoining parcel owner to obtain
any and all state and federal permits that may be required. These
include, but are not limited to, the following state and federal laws:
(1)
Other sections of New York State Navigation Law administered by the
New York State Office of General Services;
(2)
Article 3, Navigation Law of the State, § 32-c, regarding hazards to navigation, as administered by the New York State Office of Parks, Recreation and Historic Preservation;
(3)
Article 3, Navigation Law of the State, New York State Navigation Law § 35-a: floating objects other than aids to navigation as administered by the New York State Office of Parks, Recreation and Historic Preservation; or
For the purposes of this article, the following definitions
apply:
A parcel of land encompassing the mean high water mark of
Canandaigua Lake.
The owner of record of the adjoining parcel.
The zoning district(s) established by the municipality that
is applicable to the adjoining parcel.
The portion of the dock that is attached to the main walkway.
Boathouses, boat accessory structures, boat stations, boat
hoists, and boat hoist structures.
See "boat slip."
Any vessel, floating craft, or personal watercraft which utilizes a docking or mooring facility, including but not limited to canoes, rowboats, kayaks, sailboards, aircraft and other small boats or personal watercraft as defined in New York State Navigation Law § 2 Subsection 30.
An enclosed storage structure, the purpose of which is the
storage of related boating accessories and that shall have no utility
service except electricity. A boat accessory structure shall not be
defined to mean a boat hoist structure, boat station or boathouse.
Any mechanical device, the purpose of which is to remove
the boat from the water for waterside storage and that shall not have
a roof.
A seasonal open-sided structure placed in the water with
an attached mechanical device to raise or lift a boat out of the water
for waterside storage. A boat hoist structure shall not be defined
to mean a boat station, boathouse or boat accessory structure.
A permanent enclosed structure that provides direct water
or rail access for boats, and is wholly or partially supported or
constructed below the mean high water mark. A boathouse has a permanent
roof and one or more enclosed sides and shall have no utility service
except electricity. A boathouse shall not be defined to mean a boat
hoist structure, boat station or boat accessory structure.
A waterside storage area adjoining or within any structure,
boat hoist structure, boat station, boathouse, dock or pier, the purpose
for which is the storage of a boat.
A permanent open-sided structure with a roof, constructed
in the water, with a mechanical device, the purpose of which is to
raise or lift a boat out of the water for waterside storage. A boat
station is intended as a permanent boat hoist structure. A boat station
shall not be defined to mean a boat hoist structure, boathouse or
boat accessory structure.
Any permanent or seasonal structure, fixed platform built
on floats, columns, open timber, piles, or similar open-work supports,
or cantilevered structures, including piers and wharves that are designed
to provide permanent or seasonal access from the shoreline to Canandaigua
Lake.
One or more structures, docks, mooring buoys or a combination
thereof, associated with an adjoining parcel used for the docking
or mooring of boats.
The official designated by the legislative body of this locality
to enforce the provisions of this article.
Replacement cost of the building/structure at the time of
loss or damage.
The water and submerged land area located lakeside of the
mean high water mark between the adjoining parcel's facility
area lines, subject to the requirements of this article to a distance
of:
|
Facility Type
|
Distance Perpendicular To Mean High Water Mark
|
|---|---|
|
Tier 1 docking and mooring facilities
| |
|
Tier 2 and 3 docking facilities only
|
200 feet except as provided for in § 287-31G.
|
|
Tier 2 mooring facilities only
|
375 feet
|
|
Tier 2 both docking and mooring facilities
|
200 feet for the dock plus up to an additional 175 feet for
moorings
|
The lines which are used solely for determining the boundaries for the placement of docking and mooring facilities, and all other facilities subject to this article. The method for establishing facility area lines is found in § 287-25.
The vertical distance measured from the mean high water mark
to the highest portion of the building or structure.
The distance of the tie line. The lineal feet of shoreline for developments that involve alteration of the shoreline will be measured at the natural mean high water mark before such alteration. The mean high water tie line of the adjoining parcel which is described in § 287-25 determines the lineal feet of shoreline.
The section of the dock that extends from the mean high water
mark toward the center of the lake.
A facility that provides docking and/or mooring facilities
and associated land-based support facilities such as parking, marine
fueling, restrooms, marine dump station, and incidental sales and
services.
The location where the mean high water level intersects the
adjoining parcel.
The approximate average low water level or high water level
for a given body of water at a given elevation, determined by reference
from survey datum provided by the United States Geological Service
(USGS). According to the New York State Office of General Services,
the mean low water level for Canandaigua Lake is 686.60 feet above
mean sea level. According to the New York State Department of Environmental
Conservation, Division of Environmental Permits, the mean high water
level is 689.40 feet above mean sea level. These heights are measured
above mean seal level.
A floating object anchored to the bed of the lake to which
a boat could be attached for waterside storage. A mooring buoy is
considered a boat slip for the allotment of docking and mooring facilities.
A point of water discharge at the mean high water mark of
Canandaigua Lake from a stream, gully, culvert, channel or other conveyance
system.
The type of construction for any dock, boathouse, boat station,
structure or boat accessory structure that is anchored to the bed
of the lake and is not designed to be removed each season.
Any structure extending out into or over the water built
upon fill, which shall include, but shall not be limited to, earth,
clay, silt, sand, gravel, stone, rock, shale, concrete (whole or fragmentary),
ashes, cinders, slag, metal, whether or not enclosed, or containing
crib, crib work of wood, timber, logs, concrete or metal, or bulkheads
and cofferdams or timber sheeting, bracing and piling or steel sheet
piling, or steel H piling, separate or in combination.
The type of construction for any dock, boat hoist or structure
that is designed to be removed on an annual basis.
Mean high water mark.
A steep slope is defined as 30° (or slope of 57%) or
greater as measured from the horizontal, for a vertical height of
20 feet or more, with the toe of the slope commencing within 10 feet
of the mean high water mark. If the toe of the slope is greater than
10 feet from the mean high water mark, it is not considered a steep
slope under this article.
|
Figure 1
Steep Slope Diagram
(not drawn to scale)
|
|---|
 |
An adjoining parcel where less than 20 contiguous lineal
feet of the parcel boundary adjoining the mean high water mark are
not characterized by steep slopes. Parcels that have more than 10
feet measured from the mean high water mark to the toe of the steep
slope for 20 contiguous lineal feet or greater will not be considered
a steep slope parcel.
Anything constructed, erected, anchored, suspended, placed
in, on or above, or any object constructed, erected, anchored, suspended
or placed on the water side of the mean high water mark.
The horizontal lineal distance measured in a straight line
between the lot lines at the mean high water mark.
The temporary use of a docking or mooring facility by patrons
of a restaurant, hotel or motel on an adjoining parcel.
A permit issued according to the requirements of this article.
The lake side of the mean high water mark.
A.
The maximum number of docking and mooring facilities allocated to
an adjoining parcel shall be based on the tier assigned by the City
Council to the adjoining zoning district.
(1)
In the absence of a tier assignment by the City Council, the default
tier classification shall be Tier 1.
(2)
If the adjoining parcel is located within two or more adjoining zoning
districts, then the most restrictive tier assignment shall apply.
(3)
Where Tier 1 has not been assigned to an adjoining zoning district,
either Tier 2 or Tier 3 or both, may be assigned.
(4)
Only the local elected governing body shall have the authority to
assign a tier. The Zoning Board of Appeals shall not issue a use variance
to change the tier assigned by the local elected governing body.
B.
For the purposes of this article, the tier classifications shall
be assigned to Zoning Districts as follows:
(1)
Tier 1. The Tier 1 allocation of dock and mooring facilities shall
be assigned to an adjoining zoning district when the primary purpose
of the adjoining zoning district is residential uses of land. The
scale and intensity of docking and mooring facilities allowed in Tier
1 are declared to be compatible with residential uses and the associated
neighborhood character. All land uses within a Tier 1 zoning district
shall receive Tier 1 allocation.
(2)
Tier 2. The Tier 2 allocation of dock and mooring facilities shall
be assigned to an adjoining zoning district when the primary purpose
of the adjoining zoning district is nonresidential uses of land.
(3)
Tier 3. The Tier 3 allocation of dock and mooring facilities shall
be assigned to an adjoining zoning district when the primary purpose
of the adjoining zoning district is nonresidential and permits the
transient use of the adjoining parcel.
C.
Lineal feet of shoreline. In addition to the adjoining zoning district,
the number of lineal feet of shoreline of the adjoining parcel determines
the maximum number of docking and mooring facilities, regardless of
how property interests in the adjoining parcel may be divided among
the owner(s), lessee(s), occupant(s), easement holder(s), or any other
person(s) or entity(ies) with a legal or beneficial interest in any
existing or proposed docking or mooring facility.
D.
Limitations on the maximum number of facilities. Section 287-26 establishes the maximum number of docking and mooring facilities that could be allowed and does not confer the right to any specific number of facilities independent of adjoining zoning district or other requirements related to development of the adjoining parcel. Application of other laws and requirements may result in a reduction in that number.
A.
(1)
Determine the four points where the mean high water mark intersects the property lines of the subject parcel (Parcel "B" in Figure 2) and the two contiguous adjoining parcels.
(2)
Connect the points of intersection with straight lines. These lines
are called mean high water tie lines.
(3)
Where two mean high water tie lines meet, measure the angle on the
waterside.
[1]
Editor's Note: Figure 2 is included at the end of this chapter.
B.
Where the facility area lines are less than 200 feet long at the point of intersection, the method described § 287-24A (1) through (4) must be modified in order that all facility area lines are at least 200 feet long at the point of intersection.
C.
The enforcement officer shall require any necessary documentation
for delineation of the facility area lines and any existing and/or
proposed structures associated with the application and its review.
A.
Tier 1 allocation of docking and mooring facilities. The number of
docking and mooring facilities that may be constructed beyond the
mean high water mark of all adjoining parcels is listed in Table 1,
Tier 1 Allocation.
(1)
Mooring buoys are prohibited in Category A.
(2)
For Categories B through F, an adjoining parcel owner may distribute
the permitted number of boat slips between boat slips and mooring
buoys.
(3)
The number of mooring buoys shall not exceed the total number of boat slips permitted for the adjoining parcel, and their placement must conform to the dimensional criteria contained in § 287-27 of this article.
(4)
The boat storage capacity of existing boathouses or boat stations
shall be included in the total number of permitted boat slips.
|
Table 1
Tier 1 Allocation
| |||
|---|---|---|---|
|
Lineal Feet of Shoreline Category
|
Number of Boat Slips
|
Number of Docks
| |
|
A. 1 to 25
|
1
|
1
| |
|
B. 25.01 to 50
|
2
|
1
| |
|
C. 50.01 to 100
|
3
|
1
| |
|
D. 100.01 to 150
|
4
|
2
| |
|
E. 150.01 to 200
|
5
|
2
| |
|
F. 200.01
|
5 plus 1 slip for every 50 feet of
shoreline in excess of 200 feet
|
2 plus 1 additional dock for every
100 feet of shoreline in excess of 200
| |
B.
Tier 1 allocation of associated facilities. Boathouses, boat accessory
structures, boat stations, boat hoists, and boat hoist structures
are associated docking and mooring facilities and are allocated and
subject to the design standards as set forth in Table 2.
(1)
Boathouse: One boathouse is allowed for parcels having 200 feet lineal
feet of shoreline or more and shall contain no more than two boat
slips.
(a)
No boathouse may be used as a dwelling, sleeping, lodging or
boarding place.
(b)
Construction of a second-floor level inside the boathouse or
of a second-floor deck is not permitted.
(c)
A one-slip boathouse shall not exceed 19 feet in width nor 40
feet in length. A two-slip boathouse shall not exceed 34 feet in width
nor 40 feet in length.
(d)
A maximum twelve-inch roof overhang is allowed.
(e)
The internal square footage of the walkway(s) inside the boathouse
shall be included in the square feet dockage allowance.
(2)
Boat hoist structure: One boat hoist structure is permitted for each
boat slip.
(3)
Boat station: A boat station is designed for use as a permanent boat
hoist structure. Only one boat station is allowed per adjoining parcel.
For adjoining parcels where more than one boat slip is allowed, the
boat station is limited to two boat slips. No boat station may be
used as a dwelling, sleeping, lodging or boarding place.
(4)
Boat accessory structure: One boat accessory structure is permitted
per steep slope parcel.
(a)
Boat accessory structures are not permitted on adjoining parcels
that contain a boat house or have an existing upland structure within
60 feet of the mean high water mark.
(b)
No boat accessory structure may be used as a dwelling, sleeping,
lodging or boarding place.
(c)
The following additional design standards are applicable to
boat accessory structures:
[1]
The boat accessory structure shall not exceed 120 square feet, and 15 feet in height as measured from the mean high water level. The 120 square feet is measured by the area enclosed by the exterior wall of the structure. The square footage of the area enclosed by the boat accessory structure is to be calculated as part of the additional 200 square feet of dockage allowance referenced in § 287-27D, Steep slopes.
[2]
A twelve-inch roof overhang is allowed. Any area covered by
a roof overhang in excess of 12 inches is allowed only if it has been
included in the 120 square feet accessory structure allowance.
[3]
If any or all of the area of the boat accessory structure is
located on the land side of the mean high water mark, such area of
the boat accessory structure is to be included in the square foot
dock allowance.
[4]
The boat accessory structure shall be constructed as close to
the mean high water line as possible. No part of the structure may
extend beyond 20 feet of the waterside of the mean high water mark.
|
Table 2
Design Standards For Associated Facilities
| |||||
|---|---|---|---|---|---|
|
Facility
|
Number of Stories/ Levels/Floors
|
Roof
Permitted
|
Roof Slope
|
Sides
Permitted
|
Height
|
|
Boathouse
|
1
|
Yes
|
Not less than 3 and 12 nor more than 4 and 12
|
Yes
|
Less than or equal to 15 feet above the mean high water level
|
|
Boat Hoist Structure
|
1
|
Yes
|
Not applicable
|
No
|
Less than or equal to 15 feet above the mean high water level
|
|
Boat Station
|
1
|
Yes
|
Not less than 3 and 12 nor more than 4 and 12
|
No
|
Less than or equal to 15 feet above the mean high water level
|
|
Boat Accessory Structure For Steep Slope Parcels
|
1
|
Yes
|
Not less than 3 and 12 nor more than 4 and 12
|
Yes
|
Less than or equal to 15 feet above the mean high water level
as measured along a line perpendicular from the mean high water level
|
|
NOTES:
No associated facility may have a second floor/level/story/deck.
|
A.
Setback requirements. Any boat slip, boathouse, boat hoist structure,
boat station, boat accessory structure, dock, or other allowed structure
shall be set back a minimum of 10 feet from the facility area line
and edge of any outlet to Canandaigua Lake for Table 1,Tier 1 Allocation
Categories B through F. The setback is a minimum of five feet from
the facility area lines and edge of any outlet to Canandaigua Lake
for Table 1, Tier 1 Allocation Category A.
(1)
At no time shall a docked boat extend outside the limits of any facility
area line of the adjoining parcel.
B.
Placement of mooring buoys. Mooring buoys shall be placed within
the facility area in such a manner that each moored vessel will avoid
contact with any other moored boat or structure.
(1)
At no time may a moored boat or part thereof extend outside the limits
of any facility area line of the adjoining parcel.
(2)
No uniform docks and mooring permit may be issued for mooring buoys that extend beyond 100 feet as measured from the mean high water mark without receipt of a permit from the New York State Office of Parks, Recreation and Historic Preservation as authorized under Article 3, Navigable Waters of the State of New York, § 35-a, or successor laws or amendments.
C.
Dimensional requirements. Dock construction shall not exceed the
following maximum dimensional criteria:
(1)
Each permitted dock shall not exceed a total of 720 square feet, including walkways. For the purposes of this section, width is measured parallel to the mean high water mark; length is measured perpendicular to the mean high water mark. (See Figure 3.[1])
(a)
The main walkway of the dock is the section of the dock that
extends from the mean high water mark toward the center of the lake.
The main walkway shall not exceed a maximum width of eight feet.
(b)
The length of the portion of the main walkway that extends from
the mean high water mark towards the center of the lake shall constitute
no less than 50% of the total length of the dock and associated structures
and equipment.
(c)
No part of the dock or associated structures and equipment shall
extend beyond a line which is 60 feet from the mean high water mark;
this line or curve, depending on the configuration of the shoreline,
is to be parallel to the mean high water mark.
(d)
If the water depth is less than three feet as measured from the mean low water level at the 60 horizontal feet line referenced in Subsection C(1)(c), the maximum length of the dock may be extended to the under water elevation level of 683.60 feet (established by 686.60 feet mean low water level minus three (feet). Under no circumstances may the seven-hundred-twenty-foot dimensional requirement be exceeded.
(e)
The use of fingers or T- or L-shaped appendages are permitted
in any configuration from the main walkway of the dock to form boat
slip spaces.
(f)
Any appendage shall not exceed a total area of 256 square feet.
(g)
In categories where two or more docks are permitted, the docks
shall be separated by at least 10 feet.
[1]
Editor's Note: Figure 3 is included at the end of this chapter.
(2)
A navigational safety light shall be installed at the end of a dock
that is 100 feet or greater in length from the mean high water mark.
D.
Steep slopes. Steep slope parcels are allowed:
(1)
One boat accessory structure, as long as there is no existing boathouse
or an existing building on the adjoining parcel within 60 horizontal
feet of the mean high water mark.
(2)
An additional 200 square feet of dock space.
(a)
The square footage of any boat accessory structure, including
any that may be on the land side of the mean high water mark, is to
be included in the calculation of the additional 200 square feet of
dock space. For example:
[1]
Allowed: one-hundred-twenty-square-foot boat accessory structure
plus 80 square feet of dock equals 200 square feet of additional dock
space.
[2]
Not allowed: one-hundred-twenty-square-foot boat accessory structure
plus 200 square feet of dock space equals 320 square feet of additional
dock space.
(b)
For a parcel where more than one dock is allowed, the additional
200 square feet of dock space may be distributed amongst the allowed
docks.
A.
Single parcel dock Consolidation. In categories where two or more
docks are permitted on an adjoining parcel, the consolidation of two
docks into one dock is permitted. The total square footage of the
consolidated dock shall not exceed 1,080 square feet. The consolidated
dock shall conform to all other provisions of this article.
(1)
When applying for dock consolidation under this provision, the adjoining
parcel owner extinguishes all rights and claims to the second dock.
(2)
The certification requirements established in § 287-29 of this article shall apply to this section.
(3)
The adjoining parcel owner shall record with the Ontario/Yates County
Clerk that the claim to an additional dock is waived.
(4)
An additional 200 square feet of dock is allowed for a steep slope
parcel.
B.
Contiguous adjoining parcel dock consolidation.
(1)
Up to three contiguous adjoining parcel owners, for the purpose of
sharing a docking or mooring facility, may submit an application to
the enforcement officer for a waiver of side setback requirements
for the purpose of consolidating docking and mooring facilities.
(2)
No more than three contiguous adjoining parcel owners may share a
docking or mooring facility under this section.
(3)
The total square footage of a dock where two contiguous adjoining
parcel owners are consolidating two docks is 1,080 square feet.
(4)
The total square footage of dock where three contiguous adjoining
parcel owners are consolidating three docks is 1,280 square feet.
(5)
Each steep slope parcel is allocated an additional 200 square feet
of dockage.
(6)
At no time will a waiver be granted that exceeds the maximum number
of docking and mooring facilities permitted for the sum of individual
contiguous adjoining parcels involved in a consolidation.
(7)
Said waiver application must follow the certification requirements established in § 287-29C of this article, and verification must be sent to the enforcement officer.
(8)
The waiver agreement must be recorded in the Ontario/Yates County
Clerk's office for the contiguous adjoining parcels involved,
and verification of the filing must be provided to the enforcement
officer prior to issuance of the uniform docks and mooring permit.
A.
A uniform docks and mooring permit must be obtained prior to construction
of any permanent docking and mooring and associated facilities. A
certificate of compliance shall be issued after satisfactory inspection
of the docking and mooring facility by the enforcement officer and
prior to the use of any of the docking and mooring facilities.
B.
An application for a uniform docks and mooring permit shall only
be made to the enforcement officer by the adjoining parcel owner or
its authorized agent.
C.
The City of Canandaigua shall specify the form and content of the
application for a uniform docks and mooring permit.
(1)
In addition to other required content, the application shall include
the following statements:
(a)
"I hereby certify that all owners have been notified of this
application."
(b)
"The requirements and limitations of the Docking and Mooring
Local Law are applicable to all owners of record of the adjoining
parcel. The applicant is advised that failure to notify any owner
of record of said parcel who is not a signator to the application
may affect any permit granted as a result of application and process."
D.
The enforcement officer shall require any necessary documentation
for delineation of the facility area lines and any existing and/or
proposed structures associated with the application and its review.
E.
A uniform docks and mooring permit for a boathouse or associated
facilities is required. A certificate of compliance shall be issued
after inspection of the facility(ies) by the enforcement officer and
prior to use of the facility(ies).
F.
Where a dock or an associated facility or structure regulated under
this article is, or is proposed to be, located on both sides of the
mean high water mark, it shall be regulated exclusively under the
provisions of this article.
G.
Any use or structure on the land side of the mean high water mark
not regulated under this article, including those that are or proposed
to be attached to a dock or associated facility or structure, are
subject to the provisions of adjoining zoning districts or other local
laws, regulations or ordinances.
H.
All other state and federal approvals or permits must be obtained
before a uniform docking and mooring permit is issued.
(1)
If a state or federal permit requires issuance of a uniform docking
and mooring permit, the enforcement officer may issue a conditional
uniform docking and mooring permit based on receipt of an applicable
state or federal permit.
A.
Seasonal docking and mooring facilities are subject to all applicable
requirements of this article.
B.
The enforcement officer may require an adjoining owner to either
obtain a certificate of conformity, or provide a certificate of nonconformity
for a facility installed prior to 1992.
C.
An adjoining owner may request a certificate of conformity from the
enforcement officer as documentation of compliance with this article.
A.
The minimum lineal feet of shoreline for a Tier 2 docking and mooring
facility is 250 feet. The maximum number of docking and mooring facilities
that may be constructed in the facility area of the adjoining parcel
is listed in Table 3, Tier 2 Allocation.
B.
Municipally owned docking and mooring facilities are allocated boat slips and docks according to Table 3, Tier 2 Allocation, and shall comply with § 287-36.
C.
Docking and mooring facilities shall require site plan approval by the Planning Board according to provisions of § 287-36 of this article.
D.
Boat hoists are permitted. Boat hoist structures, boathouses and
boat stations are prohibited.
E.
Docking facilities and structures shall comply with the design standards
established in the federal Americans With Disabilities Act (ADA).[1] Where dimensional requirements are greater in this article
than in the ADA, the greater requirement shall apply.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
F.
No uniform docks and mooring permit may be issued for mooring buoys that extend beyond 100 feet as measured from the mean high water mark without receipt of a permit from the New York State Office of Parks, Recreation and Historic Preservation as authorized under Article 3, Navigable Waters of the State of New York, § 35-a, or successor laws or amendments.
G.
No part of the dock or associated structures and equipment shall
extend beyond a line which is 200 feet from the mean high water mark;
this line or curve, depending on the configuration of the shoreline,
is to be parallel to the mean high water mark.
H.
If the water depth is less than three feet as measured from the mean low water level at the horizontal feet line referenced in § 287-31G, the maximum length of the dock may be extended to the underwater elevation level of 683.60 feet (established by 686.60 feet mean low water level minus three feet).
|
TABLE 3
Tier 2 Allocation
| ||
|---|---|---|
|
Lineal Feet of Shoreline
|
Maximum Number of Boat Slips and Moorings
| |
|
A. 250 to less or equal 300
|
A total of 50 boat slips and 15 moorings are allowed.
| |
|
B. Greater than 300
|
A total of 10 additional boat slips or moorings are allowed
for every additional 100 feet of shoreline in excess of 300.
Of each additional 10, no more than three may be moorings.
| |
A.
Setback requirements. A docking and mooring facility shall be set
back a minimum of 45 feet from the facility area line. A Tier 2 docking
and mooring facility shall be set back a minimum of 10 feet from the
edge of any outlet to Canandaigua Lake.
B.
Placement of mooring buoys. Mooring buoys shall be placed within the docking and mooring facility area in such a manner that each moored vessel will avoid contact with any other moored vessel or structure. At no time may a moored vessel or part thereof extend outside the limits of any Facility Area Line of a parcel. (See also § 287-31F.)
D.
Navigational lighting. A navigational safety light shall be installed
at the end of a dock that is 100 feet or greater in length from the
mean high water mark.
A.
An adjoining parcel in a zoning district assigned Tier 3 allocation
with a restaurant, hotel or motel that does not have a Tier 2 docking
and mooring facility may provide docking and mooring facilities for
the transient use of its patrons according to the allocation in Table
4, Tier 3, Transient Use Allocation.
B.
The minimum lineal feet of shoreline required for a docking facility
is 150 feet.
C.
An adjoining parcel that contains both a waterfront restaurant and
waterfront hotel/motel shall not be eligible for separate allocations
for the restaurant and for the hotel/motel.
D.
An adjoining parcel may not be allocated both a Tier 2 docking and
mooring facility and a Tier 3 transient use allocation.
E.
Mooring buoys are not allowed.
F.
The surface area and length of the docking facilities shall be the
minimum necessary to accommodate the permitted number of boat slips.
G.
Docking facilities shall require site plan approval by the planning board according to provisions of § 287-36 of this article.
H.
At no time shall the boat slips be rented or leased.
I.
Docking facilities and structures shall comply with the federal Americans
with Disabilities Act (ADA).[1] Where dimensional requirements are greater in this article
than in the ADA, the greater requirement shall apply.
|
Table 4
Tier 3 Transient Use Allocation
| ||
|---|---|---|
|
Lineal Feet of Shoreline Category
|
Number of Boat Slips*
| |
|
A. 150 to 250
|
18
| |
|
B. Greater than 250.01 feet
|
10 for every additional 100 lineal feet of shoreline in excess
of 250 lineal feet
| |
|
NOTES:
Mooring buoys are prohibited.
|
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
Setback requirements. The setback shall be 45 feet from the facility
area line. A Tier 3 docking and mooring facility shall be set back
a minimum of 10 feet from the edge of any outlet to Canandaigua Lake.
C.
Navigational lighting. A navigational safety light shall be installed
at the end of a dock that is 100 feet or greater in length from the
mean high water mark.
A.
A uniform docks and mooring permit is required for all Tier 2 and
Tier 3 seasonal and permanent docking, mooring and associated facilities.
The permit shall be issued by the enforcement officer only upon receipt
of site plan approval from the Planning Commission.
B.
A uniform docks and mooring permit issued for a seasonal Tier 2 or
Tier 3 docking and mooring facility does not need to be reissued each
time the facility is reinstalled, provided that such facility is installed
each year and is in compliance with the original approval, and any
conditions made thereto.
C.
Only the adjoining parcel owner, or his or her authorized agent,
may submit a uniform docks and mooring permit application to the enforcement
officer.
D.
The City of Canandaigua shall specify the form and content of the
application for the uniform docks and mooring permit and site plan.
At a minimum, the site plan shall:
(1)
Be prepared by a New York State registered architect, landscape architect,
engineer or surveyor in accordance with New York State Education Law;
(2)
Be drawn to scale showing any existing and proposed docking and mooring
and associated facilities and indicate which are seasonal or permanent;
(3)
Include the name, address, parcel boundaries and Tax Map number of
the adjoining parcel, the lineal feet of shoreline, the facility area
lines, the mean high water tie line; elevation of the lake bottom;
and required and proposed setbacks; and
(4)
All necessary design details and information related to the project.
E.
In addition to other content required, the application shall include
the following statements:
(1)
"I hereby certify that all owners in any existing or proposed docking
or mooring facility related to this property have been notified of
this application."
(2)
"The requirements and limitations of the Docking and Mooring Local
Law are applicable to all parties who have a property interest in
the adjoining parcel. The applicant is advised that failure to notify
any party with a property interest in said parcel may affect any rights
granted as a result of application and process."
F.
The enforcement officer shall require any necessary documentation
for delineation of the facility area lines and any existing and/or
proposed structures associated with the application and its review.
G.
Docking facilities and structures shall comply with the standards established in the Americans with Disabilities Act of 1990 (ADA), 42 U.S. Code, Chapter 126, as amended.[1] Where dimensional requirements are greater in this article
than in the ADA, the greater requirement shall apply.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A.
Authorization. The City Planning Commission is authorized to review
and approve, approve with modifications, or disapprove a site plan
prepared according to the provisions of this article for a uniform
docking and mooring permit. In the case of a municipally owned adjoining
parcel, the governing body may designate which board will perform
site plan review.
B.
Review considerations. At a minimum, the following shall be considered
by the Planning Commission during site plan review of a uniform docks
and mooring permit application:
(2)
Such facilities shall be constructed only of materials which are
stable and which will have no adverse effects on water quality;
(3)
The amount of grading, filling, earthmoving, and disturbance of land
during the construction of such facilities shall be minimized; and
(4)
Such facilities shall comply with any and all state or federal regulation
of pumping facilities for waste disposal or marine fueling facilities,
when proposed.
C.
Additional information. The Planning Commission may require the applicant
to provide additional information that it deems necessary for review
of the application.
D.
Variance. When the enforcement officer has determined that a proposed site plan does not comply with one or more provisions of this article, the applicant may apply to the Zoning Board of Appeals for variances pursuant to § 287-40.
E.
Public hearing. The Planning Commission/commission shall conduct
a public hearing within 62 days from the date when an application
has been determined to be complete for the purpose of commencing the
review process by the enforcement officer.
(1)
The Planning Commission shall mail notice of said hearing to the
applicant at least ten business days before said hearing and shall
give public notice of said hearing in a newspaper of general circulation
in the City of Canandaigua at least five business days prior to the
date of the hearing.
G.
Conditions. The Planning Commission may impose reasonable conditions
and restrictions that are directly related to, and incidental to the
proposed site plan and this article.
H.
Term of permit related to an adjoining parcel site plan approval.
If the term of a related site plan approval for an adjoining parcel
issued pursuant to the zoning code expires, any uniform docking and
mooring permit shall also expire.
I.
Approval.
(1)
Site plan approval for the Uniform Docking and Mooring permit may
be granted only after:
(a)
Site plan approval for any related development on the adjoining
parcel required pursuant to local zoning or subdivision regulation
has been obtained; and
(b)
Any required state or federal permits required for the docking
and mooring facilities or associated development on the adjoining
parcel has been obtained.
[1]
If a state or federal department or agency requires issuance
of a uniform docking and mooring permit prior to taking action on
a required permit, the Planning Commission may issue a conditional
site plan approval based on receipt of the applicable state or federal
permit.
(2)
The Planning Commission Chair shall sign the site plan within 30
days of the Planning Commission granting said approval or conditional
approval.
J.
Record of decision. The decision of the Planning Commission shall
be filed with the City Clerk within five business days after a decision
is rendered.
K.
Issuance of permit. The permit shall be issued within 12 months of
the signature of the Planning Commission Chair but not prior to issuance
of any building or related permits required pursuant to site plan
approval for a development or action on an adjoining parcel that is
associated with the uniform docks and mooring permit.
(1)
The Planning Commission may extend the twelve-month period upon request
of the applicant for an additional period not to exceed 12 months.
L.
Term of construction. Construction must start within six months of
issuance of the permit and must be completed within 18 months of said
issuance.
M.
Certificate of compliance. A certificate of compliance shall be issued
only after inspection of the docking and mooring facilities by the
enforcement officer and prior to use of the facility. Where a permit
has been issued that is related to a building permit associated with
development on the adjoining parcel, the certificate of compliance
may not be issued until any certificates of occupancy have been issued
for the development on the adjoining parcel.
All site plan approvals required by this article and all variance
applications shall be subject to the provisions of § 239
of the General Municipal Law and the bylaws of the Ontario County
Planning Board.
The 87 boathouse parcels located at the City Pier in the City of Canandaigua shall be grandfathered from the regulations of this article, but shall continue to be regulated by the remaining articles of Chapter 287 of the Municipal Code of the City of Canandaigua.
A.
Upon the effective date of this article, an existing nonconforming
building structure or use shall not be enlarged or expanded. A nonconforming
building and/or structure damaged by 50% or greater of its existing
value at the time of loss or damage shall only be allowed to be reconstructed
if said building and/or structure is in conformance with this chapter
and such reconstruction is completed within 18 months of such happening.
(1)
Normal maintenance and repairs and incidental alteration of a docking
and mooring facility, building or structure containing a nonconformity
is permitted, provided that it does not extend or expand the area
occupied by the nonconformity. Piers or wharves requiring limited
expansion for repair or reconstruction shall comply with all New York
State DEC regulations.
B.
A nonconforming docking and mooring facility, other structure or
use may be made in conformance. Once a nonconformity is brought into
compliance it may never be reestablished, and future structures, uses
and docking and mooring facilities shall be in conformity with the
provisions of this article.
C.
If a permanent docking and mooring facility is replacing a nonconforming
seasonal dock and mooring facility, it must be in compliance with
all applicable provisions of this article.
D.
Whenever a nonconforming use, building or structure, or any part
or portion thereof, has been discontinued for a period of one year
or more, such nonconformity shall not thereafter be reestablished,
and all future docking and mooring facilities, uses or structures
shall be in conformity with the provisions of this article.
E.
Except as otherwise provided by Article 6, Section 75, of the Public Lands Law:
(1)
Any unexpired uniform docking and mooring permit issued between 1992
and the effective date of this article and any docking and mooring
or associated facility authorized by said permit, whether or not said
facilities have been constructed, shall be considered in compliance
with this article.
(2)
Any preliminary or final site plan approval for a docking and mooring
facility granted prior to 1992 shall be considered in compliance with
this article.
F.
After the effective date of this article and upon the written request
of the adjoining parcel owner, an examination by the enforcement officer
of any existing use and structures shall be made. A report of the
findings shall be made upon such examination, together with a certificate
of nonconforming use, which shall clearly describe the extent of use,
and the number, size, and location of all docks, boat slips, boat
structures, and boathouses. Such certificate shall be maintained by
the enforcement officer, and one copy shall be furnished to the adjoining
parcel owner.
(1)
Any existing certificate of nonconforming use for docking and/or
mooring facilities or uses in existence prior to the adoption of the
1992 local law does not need to be reissued.
A.
The City of Canandaigua Zoning Board of Appeals shall have the power
and jurisdiction to:
(1)
Hear an appeal of any order, requirement, decision, interpretation,
or determination made by the enforcement officer as it pertains to
this article; and
(2)
Upon appeal from the decision or determination of the enforcement
officer, grant a variance according to the provisions and limitations
of this section.
B.
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination made by the enforcement officer upon appeal and may make such an order, requirement, decision, or interpretation as in its opinion should have been made in the matter by the enforcement official only based on the requirements and limitations set forth in Subsection D of this section.
C.
Any person aggrieved by any order, requirement, decision, or determination
of the enforcement officer may appeal to the Zoning Board of Appeals
under the provisions of this section.
D.
To maintain a uniform set of standards for the regulation of docks
and moorings as is required by § 46-a(4), Navigation Law
of the State of New York, the power to grant variances by the Zoning
Board of Appeals is limited to variances from facility area lines
and outlet setbacks in all tiers and dock configuration requirements
in Tier 1.
(1)
Setbacks from the facility area lines and/or dock configuration (§§ 287-27C(1) and 287-28) may be varied for the following purposes only:
(2)
Under no circumstances shall the following allocations or any use(s)
established under this article be varied:
E.
The Zoning Board of Appeals, in the granting of a variance, shall grant the minimum variance that it shall deem necessary and adequate to meet the purposes set forth in Subsection D(1) of this section. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to furthering the purposes established in Subsection D(1).
F.
The Zoning Board of Appeals shall follow the procedures set forth
in § 81-a of New York State General City Law.
Amendment procedures for this article are contained in § 46-a,
Subdivision 4, of the New York State Navigation Law. Amendments can
only be made by a unanimous adoption of a local law by the six municipalities
after proper public hearing and environmental review. Such amendments
shall become effective only upon approval by the Commissioner of the
New York State Office of Parks, Recreation and Historic Preservation.
Should any section or provision of this article be determined
by any court to be unconstitutional or invalid, such decision shall
not affect the validity of this article as a whole or any part thereof
other than the part(s) so decided to be unconstitutional or invalid.
The City of Canandaigua may, by resolution, establish appropriate
fees for the review and processing of the permits under this article.
Violations of this article shall be remedied according to the
violation and penalty section of the City of Canandaigua Zoning Code
and pursuant to § 268 of Town Law or General City Law. In
addition, other and state laws may apply, including the New York State
Navigation Law.
This article shall take effect upon approval by the Commissioner
of the New York State Office of Parks, Recreation and Historic Preservation
and filing with the New York State Department of State.
