Upon receipt of an application prepared in accordance with §
42-6 hereof, the Town Clerk shall determine if said application is complete and, if so, shall process the application according to the following procedures.
A. Residential structure permits.
(1) For applications for a structure permit for residential
use, the Town Clerk shall transfer a copy of all the application materials
to the Building Department, which shall examine said application for
compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures. The Building Department
shall approve the application if the application and the proposed
structure comply with all requirements of this chapter. The Building
Department's decision shall be transmitted to the Town Clerk, who
shall in turn inform the applicant by mail.
(2) Upon approval by the Building Department, the Town Clerk shall issue the original or renewal permit, provided that all requirements have been satisfied. Upon issuance of the permit, notice shall be sent to the Department of Public Safety/Bay Constable. The Building Department may impose such conditions upon the issuance of a permit which may be reasonable and necessary to carry out the purposes of this chapter. Should the Building Department disapprove the application, the Town Clerk shall not issue a permit, and the applicant may seek a permit from the Town Board pursuant to §
42-11.
[Amended 8-5-2021 by L.L. No. 14-2021]
B. Multifamily residential, marine commercial, nonmarine
commercial, yacht club structure permits or perimeter structure reconfiguration
permits.
[Amended 8-5-2021 by L.L. No. 14-2021]
(1) For applications for a structure permit for multifamily
residential, marine commercial, nonmarine commercial, yacht club use
or for a perimeter structure reconfiguration permit, the Town Clerk
shall transfer a copy of all application materials electronically to
the Commissioner of Building Safety, Inspection and Enforcement, the
Commissioner of Planning and Environmental Protection and the Department
of Public Safety/Bay Constable, who shall examine the application
for compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures. A copy of the application
shall also electronically be transferred to the Town Board liaison
for the Waterfront Advisory Commission who shall forward the application
to the Chair of the Town's Waterfront Advisory Commission.
(2) Upon the completion of such review, the Commissioner of Building
Safety, Inspection and Enforcement, the Commissioner of Planning and
Environmental Protection and the Department of Public Safety/Bay Constable
shall transfer their recommendations to the Town Clerk. The Waterfront
Advisory Commission shall consider the application and recommendations
at a duly called meeting of the Commission and, afterwards, forward
its recommendations to the Town Board liaison for the Waterfront Advisory
Commission.
(3) No less than 10 days prior to the meeting of the Waterfront Advisory
Commission, the applicant shall place a buoy or other marker in the
location that corresponds to the end of the proposed dock or pier.
(4) The Town Clerk shall request that the Town Board schedule
a public hearing on the application following receipt of the recommendations
from the Commissioner of Planning and Environmental Protection and
the Department of Public Safety/Bay Constable.
(5) The Town Clerk shall publish notice of the hearing in accordance with §
42-11 of the Town Code. Before the application is heard by the Town Board, the applicant must provide notice of the public hearing to property owners within a radius of 500 feet of the upland property affected by the application, in the manner provided for in §
42-11 of the Town Code, and must file an affidavit as to the mailing of such notices as required by that section.
(6) The Town Board shall review the application under
the standards set forth in this chapter and shall approve or disapprove
the application. The Town Board may consider any recommendation and
supporting information submitted by the Town's Waterfront Advisory
Commission, the Commissioner of Planning and Environmental Protection,
the Department of Public Safety/Bay Constable and the Commissioner
of Building Safety, Inspection and Enforcement. The Town Board may
impose such conditions, upon the issuance of a permit, which may be
reasonable and necessary to carry out the purposes of this chapter,
including the condition that an applicant post a bond adequate to
ensure faithful performance of authorized construction.
(7) Upon approval by the Town Board, the Town Clerk shall
issue the appropriate permit. The Commissioner of Building Safety,
Inspection and Enforcement shall forward a copy of final plans stamped
and approved by the Town Board and Department of Building Safety,
Inspection and Enforcement.
C. No permit shall be issued pursuant to either §
42-7A or
42-7B until the applicant has submitted proof of the issuance of permits by the United States Army Corps of Engineers and the New York State Department of Environmental Conservation, if the same are required, or letters of nonjurisdiction.
No structure shall be constructed, erected,
enlarged, installed, altered or improved unless it shall comply with
the following standards:
A. General standards.
(1) No structure shall be permitted if, in the judgment
of the Commissioner of Planning, the Department of Public Safety/Bay
Constable, or the Town Board, it would unreasonably impede, obstruct
or interfere with navigation, the rights of adjoining owners, the
public use of or passage along the foreshore or the waterway, or harmfully
affect the environment.
[Amended 8-5-2021 by L.L. No. 14-2021]
(2) Except as provided under §
42-9C(1), no structure, vessel or combination thereof shall be permitted to project into the waterway a distance greater than required to reach navigable water depth, or to a length exceeding 150 feet, whichever is less.
(3) No structure or vessels shall extend within a distance
of 50 feet of any federal, state or Town designated channel, vessel
accessway, fairway or anchorage, except where a legally existing marine
commercial use or yacht club can establish that the existence of such
structures or placement of such vessels will not impede the safety
of marine traffic in the designated channel, vessel accessway, fairway
or anchorage and that such structures or placement of such vessels
existed in their present form as of October 1, 1991.
(4) Notwithstanding the fact that a proposed residential structure shall not comply with this chapter in any respect, the Town Board may, in accordance with the procedures in §
42-11, direct that such permit be issued if it shall find that compliance with this chapter in such respect will create practical difficulties or unnecessary hardships or if it shall find that the proposed structure is in the public interest.
B. Structures in waterways.
(1) All structures shall be constructed in accordance
with generally accepted engineering and design standards.
(2) All fixed docks shall provide:
(a) An avenue for clear passage in the land area crossed
by the dock at mean low tide. Such an avenue shall be created by providing
an area below the dock with a clearance of at least six feet, by providing
a means of access across the main body of the dock itself, or by providing
a clearly marked path across the upland immediately adjacent to the
dock, which will serve the same purpose.
(b) A minimum of three feet and a maximum of eight feet above mean high water as defined by the Datum Plane and a maximum freeway clearance of two feet, except as provided for in §
42-9B(2)(a).
(3) The location, design and use of any structure in the
waterway shall be compatible with this chapter and with the zoning
regulations of the upland jurisdiction, as well as with all other
applicable public health laws and other applicable requirements, and
shall conform to generally accepted standards of construction for
the prevention of fire hazards.
(4) No structure in a waterway shall be permitted unless
it shall be water dependent and, except in the case of bulkheads,
used solely for the purpose of gaining access to a waterway for commerce,
navigation, fishing or recreation.
(5) Any structure within a waterway utilized in connection
with adjacent premises shall be the minimum necessary to meet the
upland use.
(6) With respect to residential or multifamily residential
permits, no structure or vessel slip shall be hired out or used on
a seasonal or permanent basis for dockage use by persons not actually
residing at the premises. Such use of a vessel slip shall constitute
a violation of this chapter concurrently with any violation of the
Town's Zoning Ordinance also created thereby.
(7) Except as provided under §
42-9C, there shall be no more than one dock or floating dock per lot or lot group with less than 100 feet of shoreline frontage. One additional dock or floating dock shall be allowed for each additional 100 feet of shoreline frontage. Docks and floats shall be straight, E- , F- , L- , T- or U-shaped and shall extend at right angles to the shoreline where practicable.
(8) Except as provided under §
42-9C, the number of slips permitted shall not be greater than two per upland single-family residential parcel.
(9) No slip, dock, float, vessel or combination thereof
shall encroach upon the portion of the waterway adjacent to the 15-foot
side yards on either side of the uplands boundary as it extends offshore.
(10) Except as provided under §
42-9C, docks for all purposes are limited to a maximum width of six feet, except for floats which are limited to a maximum width of eight feet for a residential structure permit and 10 feet for all other permits.
[Amended 8-5-2021 by L.L. No. 14-2021]
(11) The top horizontal board (wale) of any bulkhead installed
pursuant to this chapter shall be at a minimum level necessary to
meet the purpose for which the bulkhead is being constructed and shall
in any event not be higher than six feet above mean high water as
defined in the datum plane unless a certified engineering report is
submitted showing that a height in excess of six feet is required
for public safety reasons. All bulkheads shall also comply with generally
accepted standards of marine construction.
(12) All structures shall be composed only of materials
which, in the judgment of the Commissioner of Planning, will have
no adverse effects on the environment or water quality.
(13) Lighting on any structure must be of a type, which
will not be confused with navigation lighting, must meet United States
Coast Guard standards and must not produce offensive glare when viewed
from land or water.
(14) All fixed structures protruding from the mean high
water line to the mean low water lines shall provide for an alternate
route of travel along the shoreline over or around said structure.
C. Additional provisions for structures adjacent to multifamily
residential, marine commercial, nonmarine commercial and yacht club
uses.
(1) The Town Board may permit a specific number, configuration, width and length of docks, floats or slips other than what would be allowed under §
42-9B, where the applicant can demonstrate that the proposed design or additional number of docks, floats or slips is needed to accommodate the associated use.
(2) The permissible number, configuration and width of
docks, floats and slips shall be determined by considering the location,
limiting natural features of the site, demonstrated need for such
structures, effect on navigation, infringement on public lands and
compliance with the other sections of this chapter. No structure,
vessel or combination thereof shall unreasonably impede the public's
use, benefit or enjoyment of publicly owned shorefront and underwater
lands. Where, in the judgment of the Town Board, impairment of the
public's use and enjoyment of such publicly owned areas cannot be
avoided, the upland owner may be required to afford to the public
a reasonable and convenient means of access over or around the structure.
(3) Any new docking facilities, slips or moorings, or
expansion or increase in existing docking facilities, slips or moorings,
for marine commercial, multifamily residential and yacht club uses
shall be required to:
(a) Demonstrate that sufficient marine sanitation pumpout
capacity exists or that a satisfactory alternative approved by the
Town Board is available, so as to accomplish the removal of sanitary
wastes from all vessels associated with the use; and
(b) Provide for the collection and proper disposal of
solid waste (garbage, trash, etc.), grease, oil and gasoline.
(4) In areas adjacent to multifamily residential or nonmarine
commercial uses, in no case shall more than one dock be permitted
per 100 feet of shoreline frontage.
(5) Any use permitted to dispense gasoline, diesel fuel,
mixed fuels, engine oils and similar supplies shall show compliance
with all federal and state laws dealing with oil spill prevention.
(6) In addition to the requirements specified under this
section, the following shall apply for docks, floats or slips adjacent
to nonmarine commercial uses:
(a) The docks or slips are limited to short-term transient
use (no more than 48 hours) and shall be designated as the same, except
for vessels owned by the adjacent upland owner.
(b) The area associated with the dock or slip may be used
only as a means of vessel access to the upland use or for public access.
The area shall not be used for any activity or use which is not water
dependent.