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.
(6) 
Certification of mailing a copy of the application and notice of filing of same to the owners of the properties identified in Subsection C(4) above.
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.