A.
This article shall apply to any mooring, dock, pier, float, bulkhead
or similar structure, whether temporary or permanent, sought to be
constructed or modified on or in the waterways in the Town of Oyster
Bay.
B.
Any application for the construction or modification of any mooring,
dock, pier, float, bulkhead, or similar structure on or in the waterways
in the Town of Oyster Bay which is pending at the time of the effective
date of this article shall be processed under the provisions of this
chapter, as amended.
C.
Structures for mooring and dockage of boats on or in the waterways in the Town in the unincorporated areas of the Town shall be under the jurisdiction of the Town Department of Planning and Development, and administered by that Department pursuant to the provisions of this chapter, and Town of Oyster Bay Code, Chapter 93, Building Construction, and Chapter 246, Zoning. The Commissioner of the Department of Planning and Development may promulgate rules and regulations in connection with the construction and maintenance of facilities and structures such as docks, moorings, piers, bulkheads and floats built on or in waterways in the Town in the unincorporated areas of the Town in furtherance of this chapter.
D.
Structures for mooring and dockage of boats on or in the waterways
in the incorporated areas of the Town shall be under the jurisdiction
of the respective village or city, provided the Department of Planning
has first reviewed plans for the proposed structure to determine if
it encroaches beyond the limits of the municipality into the waters
of the Town, and, if so, the Town Board, by resolution, has approved
said structure. The respective municipality shall be the agency responsible
for the issuance of a permit for structures built within its boundaries.
E.
The Department of Planning and Development shall consult with the
Department of Public Works and the Department of Environmental Resources,
when necessary, for assessments and assistance with technical questions,
to properly administer the provisions of this article.
A.
The provisions of this article shall be liberally construed to effectuate
the purposes of this article to bring order to the building upon waterways
of the Town and to ensure the welfare, safety and continuing high
quality of the environment of the waterways of the Town of Oyster
Bay.
B.
If any provision of this article shall be declared invalid for any
reason, then any court decision shall be limited only to that specific
sentence or paragraph involved and all other provisions shall continue
to be in full force and effect unless declared otherwise.
C.
Any reference to the singular shall include the plural. Any reference
to the masculine shall include the feminine and neuter.
D.
Any reference to National Fire Protection Association Standards shall
mean those standards then in effect as of the date of the issuance
of the permit.
A.
A person wishing to construct or modify a dock, mooring, pier, bulkhead,
float or similar structure or ancillary structure thereto in any area
of the Town of Oyster Bay shall comply with the provisions of this
article.
B.
Applications for permits for the construction of any such structure
pursuant to this article shall be submitted to the Department of Planning
and Development for processing. The Department of Planning and Development
shall process the application and shall decide all issues of structural
soundness, and electrical and plumbing questions, and shall other
departments and agencies as it deems necessary to provide assistance
as to such an application.
C.
An application shall include the following:
(1)
A short environmental assessment form, together with the fees authorized
by the Town Board.
(2)
Copies of all materials filed with the New York State Department
of State, New York State Department of Environmental Conservation,
United States Army Corps of Engineers, New York State Department of
State [coastal consistency determination] and Department of Interior,
when applicable.
(3)
A survey showing the plans and specifications for any mooring facility,
structure, float, pier or dock, including but not limited to all telephone,
electrical and water service.
(4)
A radius map showing all beaches, moorings of all types, piers, docks,
floats, bulkheads, decks and all types of structures and paved areas
which are located on the two properties on both sides of the premises
for which the permit is sought (four properties in total), and any
properties which have any frontage on a waterway and are directly
opposite from the subject premises, and a chart showing the mean low
tide of all areas within 300 feet of such structure.
(5)
A verified application by a person requesting the Town to issue a
permit for the structure requested to be constructed or modified.
D.
Review.
[Amended 3-15-2022 by L.L. No. 5-2022]
(1)
The Commissioner of the Department of Planning and Development, or
his/her designee, in his/her sole discretion, shall have the authority
to determine if an application is complete.
(2)
The Commissioner of the Department of Planning and Development shall refer any application for review by the Division of Environmental Planning and Technical Review, which shall then advise the Commissioner of the Department of Planning and Development what actions it deems appropriate upon such application, pursuant to Chapter 110, Environmental Quality Review, of this Code.
(3)
The Division of Environmental Planning and Technical Review shall take such actions as may be required by this Code and New York State or federal law and refer the matter back to the Commissioner of the Department of Planning and Development, pursuant to Chapter 110, Environmental Quality Review, of this Code.
(4)
The Commissioner of the Department of Planning and Development shall
obtain input from the Parks Department, Division of Beaches and Marinas,
as to areas under its expertise.
(5)
The Commissioner of the Department of Planning and Development shall
receive and consider the comments of owners of properties in the vicinity
of the subject premises.
E.
Action on application.
(1)
After any required environmental reviews have been made, if the structure
contemplated by the application does not exceed the property line
of the subject property, including riparian rights, the Commissioner
of the Department of Planning and Development shall decide if the
application shall be granted, and if located within the jurisdiction
of an incorporated area of the Town, shall refer said application
to the respective jurisdiction.
(2)
If the Commissioner of the Department of Planning and Development
determines that the structure contemplated by the application exceeds
the property line of the subject property, the Commissioner shall
forward the application, together with all attachments and comments
received, to the Office of the Town Attorney, Legislative Affairs,
with his/her recommendation, requesting that the Town Board decide,
by resolution, whether or not to grant the relief requested in the
application. Legislative Affairs shall place the application on the
Town Board Calendar for consideration by the Town Board.
(3)
All persons, local governments or other agencies or corporations
having any property or operating any facilities on the two properties
on both sides of the premises for which the permit is sought (four
properties in total), and any properties which have any frontage on
a waterway and are directly opposite from the subject premises shall
be notified at least 14 days in advance, in writing, of the appearance
of such matter for Town Board action. It is the responsibility of
the applicant to issue said notices and the applicant shall bear the
cost of same.
(4)
At the Town Board meeting upon which such application is considered,
any person wishing to be heard thereupon shall be heard and may submit
such written materials as they wish for the Board's review prior to
deciding such application.
(5)
The Town Board may, by resolution, authorize the Department of Planning
and Development to issue such permit upon such terms as it may deem
appropriate and also at that time authorize the Department of Planning
and Development to issue a certificate, after the completion of any
such structure, that the finished structure complies with the permit,
or if the structure is in an incorporated area of the Town to properly
advise the respective jurisdiction so they may take appropriate action.
(6)
The Town Board shall consider in such application environmental factors;
preservation of beaches; underwater rights; other moorings; other
structures including docks, piers and floats; the general convenience
of the general public within, in, around and about the area involved;
the amount, nature and possible obstruction of traffic upon the navigable
waters of the Town, and related issues upon determining such an application,
and balance the riparian and related rights of property owners to
reasonable access to waters with the needs of the public for general
safety and convenience upon the waterways.
(7)
The Commissioner of the Department of Planning and Development shall
examine the structure maintained with reference to the permit authorized
by the Town Board and shall enjoy the assistance of the Town Department
of Environmental Resources; Department of Public Works, and such other
agencies and those local, state and federal agencies as may be required
to review such structure as to whether it complies with the permission
granted by the Town Board.
The following restrictions, in addition to New York State Department
of Environmental Conservation requirements, shall exist upon permits
for and construction and approval of any mooring, dock, float, bulkhead
or pier:
A.
No electrical or other wiring shall be allowed upon any structure
on or in Town waterways, except upon permission of the Commissioner
of Planning and Development, and upon the filing of a certificate
from an approved electrical inspection company that such wiring meets
all other relevant specifications and criteria for such items.
B.
No mooring may be created, repaired or modified which interferes
with the use of adjacent beaches, adjacent existing permanent moorings
and docks or causes hazard to adjacent property or unduly restricts
the use of navigable waterways.
C.
Plumbing installed upon any dock or mooring must conform to the requirements of Town Code Chapter 180, Plumbing, and the New York State Building Code, or be of a type approved for such construction by the Commissioner of the Department of Planning and Development.
D.
Any mooring which is either longer than 25 feet or in excess of 200
square feet must have a personal flotation device with a four-hundred-pound-strength
rope of nylon or similar material of a length of at least 100 feet
attached to it which is easily accessible for use in the event of
an emergency.
E.
All moorings designed for pedestrian traffic must have applied to
their upper surfaces a nonslip material to retard possible slipping
on wet materials when boarding or exiting a boat.
F.
No dock or pier may be erected unless there is a dwelling or other
building upon the property adjacent to such moorings, except upon
special permission of the Town Zoning Board of Appeals.
G.
No sea grass or similar flora, nor fauna, is to be disturbed by the
construction, modification or repair of any mooring or dock, except
upon permission of the Department of Environmental Resources and any
other agency having jurisdiction thereof.
H.
Appropriate erosion control measures shall be in place to prevent
rock, soil, sand or other materials from entering adjacent waterways
during any construction.
I.
No dredging of adjacent waterways shall take place unless expressly
authorized through a permit or approval by the New York State Department
of Environmental Conservation, U.S. Army Corps of Engineers, or New
York State Department of State, as applicable.
J.
Piers and docks 50 feet long or less shall be at least three feet
wide. Those in excess of 50 feet in length shall be at least four
feet wide. Floats shall provide adequate freeboard and stability in
relation to weather and water conditions at all times.
K.
Gangways leading to floats shall meet the requirements of the New
York State Building Code, and shall be designed to accommodate the
normal movements of the float to which it provides access.
L.
Any mooring which extends in excess of 30 feet from the mean high
tide line must have a reflective device of at least four square inches
every 20 feet along the length of all sides of it.
Any failure by the owner, operator, lessee or other person having
control of such structure to maintain it upon the terms authorized
by the Town Board or the Commissioner of the Department of Planning
and Development shall be in violation of this article, and the Town
may issue an appearance ticket for violation of these Code provisions
pursuant to the terms of Criminal Procedure Law Article 150, or the
Town Attorney may take action by virtue of the provisions of the Criminal
Procedure Law or Civil Practice Law and Rules or similar civil provisions
in addition to any remedies of a criminal nature.
An application fee, based upon the fee schedule established
by the Department of Planning and Development, shall be paid by the
applicant herein. In addition, all other costs of all mailings and
publication as required by this chapter shall be borne by the applicant.
By virtue of any application hereunder, the Department of Planning
and Development, or any person they may designate, shall be authorized
to inspect any mooring, dock, pier, float or bulkhead at any time
for compliance with the provisions of this article, rules and regulations
promulgated hereunder or conditions promulgated by the Department
of Planning and Development, Town Board or otherwise hereunder to
ensure the safety of the environment, safety of persons and property,
compliance with rules, regulations or orders of the Town, county,
state or federal authorities as to requirements for such structures
hereunder.
