Town of North Hempstead, NY Article V Regulation of Moorings

§ 42-12 Moorings.

Notwithstanding any other provision in this chapter to the contrary, the following rules shall govern the permitting of all moorings:

A. General provisions.

(1) No person shall place or use any mooring or permanent anchorage facility in the waterways of the Town, without obtaining a permit under this chapter from the Town Clerk and paying the required permit fee. Swimming floats that are secured to the underwater land by a mooring shall require a mooring permit.

(2) Applicants for mooring permits shall file a permit application with the Town Clerk.

(a) All applications shall include, at a minimum:

[1] The applicant's name and address.

[2] The location of said mooring, by latitude and longitude, except that moorings installed by the holder of an approved perimeter mooring permit and located within the area encompassing the perimeter mooring permit may be identified solely by reference to the perimeter mooring permit.

[3] The applicant's status as owner of the upland adjacent to the waters in which the mooring is to be placed.

[4] The manner in which such upland is zoned.

[5] The name, type, length and registration number, if any, of the vessel to be moored and the ownership of the vessel.

[6] A description of the type of mooring to be used.

(b) The Town Clerk shall forward all completed permit applications to the Director of Harbor and Marine Enforcement for review.

(3) All moorings shall be placed and maintained in accordance with federal, state and Town procedures.

(4) The Director of Harbor and Marine Enforcement shall establish minimum mooring tackle guidelines. Moorings maintained for commercial purposes must also adhere to the requirements of the U.S. Coast Guard as defined by the Code of Federal Regulations.

(5) Upon the expiration of a permit, any mooring and all mooring tackle shall be removed by the owner.

(6) Any mooring or mooring tackle which has not been removed within 30 days of expiration of a permit may be removed by the Town. Any costs incurred by the Town in the removal of the mooring or mooring tackle may be charged to the permit holder or registrant, and additional fines may be imposed as provided in § 42-19 of this chapter.

(7) Under the provisions of § 42-17, the Town Clerk may suspend any mooring permit which is being used in violation of this section. Upon suspension, the owner may appeal to the Town Clerk for reinstatement of the permit under the provisions of § 42-17.

(8) All moorings shall be inspected on a schedule to be created by the Director of Harbor and Marine Enforcement by a mooring inspector who shall be licensed by the Town in accordance with § 42-16.

B. Residential permits.

(1) The Town Clerk may grant up to two mooring permits per legal dwelling unit which is immediately adjacent to the shoreline, provided that the applicant is also the legal owner or lessee of a seaworthy vessel which will use the mooring during the permit period.

(2) Each application for a mooring permit under this subsection must include a copy of the registration of the vessel which is to be secured to the mooring or, in the case of boats which do not, under state and federal regulations, require registrations, must include a description of the boat and a notarized statement of the owner swearing ownership of the vessel.

(3) All moorings and accompanying vessels must display matching markings as may be required by the Town Clerk, the form of such markings to be developed by the Director of Harbor and Marine Enforcement. The Town's Waterfront Advisory Commission may recommend to the Director of Harbor and Marine Enforcement the type of marking which is to be used.

(4) No moorings which receive a permit in accordance with this section may be leased, sold, rented, swapped or in any way utilized by anyone other than the permit holder.

C. Perimeter mooring permits. Marine commercial, nonmarine commercial, multifamily residential and yacht clubs which have property along a bay or harbor in the Town must apply for perimeter mooring permits, which will establish a perimeter within which a fixed number of moorings may be placed. Multifamily residential associations with less than five moorings are exempt from this requirement.

(1) Applications for perimeter mooring permits may be obtained from the Town Clerk. Said applications shall include, at a minimum, the following information:

(a) The name and address and, in the case of corporations, associations, clubs or the like, the name and address of a contact person.

(b) A description of the applicant's business, commercial or recreational purpose(s), including the number of members if a yacht club and the services provided if a marine commercial or nonmarine commercial use.

(c) A description of any upland parcel utilized in connection with the mooring perimeter, including proof of compliance with all applicable parking regulations and requirements of the jurisdiction governing the upland parcel.

(d) A description of how access to moored vessels will be provided.

(e) A statement of how compliance with all applicable pumpout and trash disposal requirements will be maintained.

(f) A map, drawn to scale, showing the proposed mooring perimeter, the number of moorings, and the area within a five-hundred-foot radius of the perimeter.

(g) The type of mooring and mooring tackle to be used.

(h) The ownership of the upland immediately adjacent to the mooring perimeter.

(2) Standards.

(a) All mooring perimeters must be designed to allow vessels to enter and exit safely. There must also be appropriate distance between moorings to keep moored vessels from colliding, said distance to be dependent on accepted standards for the type of mooring equipment installed.

(b) All moorings within a perimeter must bear an easily identifiable mark as approved by the Director of Harbor and Marine Enforcement.

(c) All mooring perimeters shall be located so as not to interfere with the free flow of vessels to and from designated boat launching areas.

(d) No mooring perimeter may be established within a designated channel, fairway or seaplane landing area. No vessel moored in a perimeter may protrude into an adjacent channel, fairway or seaplane landing area.

(e) Each mooring perimeter shall have a maximum number of moorings which may be placed within it. While fewer than the approved number of moorings may be placed, at no time may the maximum be exceeded.

(f) All moorings which are part of a perimeter mooring permit issued to a yacht club may be used only by members of said club and may not be leased, traded, swapped, loaned or in any way utilized by nonmembers except for members of adjoining yacht clubs. However, each club may set aside up to 10 moorings, as guest moorings, to be utilized by visiting vessels for a period not to exceed 10 days in any consecutive thirty-day period within the mooring field. The application for the perimeter mooring permit must indicate how many guest moorings will be established, if any. These moorings shall be visibly marked in accordance with standards to be established by the Director of Harbor and Marine Enforcement.

(g) No yacht club may request more moorings within its perimeter mooring permit than a number equal to the number of vessels owned by the club's members, plus the number of vessels registered in the name of the club for the exclusive use of itself and its members, plus up to 10 guest moorings. No multifamily residential use may request more moorings within its perimeter than a number equal to the number of vessels owned by its residents, and in no case more than the number of residential units. A multifamily residential use may, however, enter into a written agreement with an adjoining multifamily residential use or with any multifamily residential use within 500 feet, allocating between themselves the total number of moorings to which both are entitled under the preceding sentence.

(h) Perimeter mooring permits issued to marine commercial and nonmarine commercial entities shall be limited to a perimeter immediately adjacent to the upland, unless approval from neighboring landowners is granted allowing for a mooring perimeter to be established off their property.

(i) The holders of perimeter mooring permits shall record the location and names, length, draft, beam and type of all vessels moored in its perimeter. The position of each mooring shall be noted upon a map or chart, which shall be available for inspection at all times by the Town. Said chart shall be updated as often as necessary to maintain its accuracy.

(j) The holders of perimeter mooring permits shall keep on record with the Town Clerk the name, address and phone number of both a primary and secondary contact person. The Town Clerk's office and the Director of Harbor and Marine Enforcement must be notified within 14 days when either contact person is changed.

(k) Holders of perimeter mooring permits shall, along with the appropriate fee, annually update plans with the Town Clerk, indicating any change in the number of moorings requested for their perimeter. Permit holders may also request changes during the season, with the approval of the Director of Harbor and Marine Enforcement and filing the appropriate forms along with the appropriate fees.

(3) Examination of application.

(a) The Town Clerk shall transfer a copy of all application materials to the Director of Harbor and Marine Enforcement, who shall examine the application for compliance with this chapter and all other applicable laws, ordinances, regulations or specifications governing moorings. If the Town has adopted a mooring plan under the provisions of this section, the Director of Harbor and Marine Enforcement shall also review whether or not the application conforms to such plan.

(b) After reviewing the application, the Director of Harbor and Marine Enforcement shall issue an advisory report to the Town Board and shall transfer said application and advisory report to the Commissioner of Planning. The Commissioner of Planning shall review the application and issue an advisory report to the Town Board.

(4) Except in the case described in the following sentence, the Town Board shall schedule a public hearing on the application following receipt of the advisory report from the Commissioner of Planning and the Director of Harbor and Marine Enforcement, and the Town Clerk shall publish notice of the hearing in accordance with § 70-240A of the Town Code. In the case of an application for a perimeter mooring permit sought by an applicant whose perimeter is already identified specifically in a mooring plan approved under Subsection D of this section, a public hearing shall not be required, and the Town Board may authorize issuance of the perimeter mooring permit by ordinary resolution.

(5) 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 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 mooring installation. No permit may be issued to an applicant who is in violation of any of the provisions of this chapter.

(6) Upon approval by the Town Board, the Town Clerk shall issue the appropriate permit.

D. Mooring plan. The Town may adopt a mooring plan setting aside designated areas for the mooring of vessels in the waterways within its boundaries. Such a plan may be adopted by the Town Board at a public hearing, after preparation and review of said plan by the appropriate departments of the Town in consultation with the Waterfront Advisory Commission. All mooring permits, whether perimeter or residential, must comply with such a plan if one is adopted.

E. Special permits. The Town Board may authorize a special mooring permit after a public hearing.