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.