(A)
No dam, impounding structure or other marine structure, including but not limited to an artificial obstruction, temporary or permanent, nor any dock, pier, bulkhead, seawall, jetty or other structure, temporary or permanent, floating or fast, used as a landing place on waters or pile, or dolphin, shall be erected or reconstructed by any person in or across lands underwater owned by the town or on private lands, nor shall any person place a privately maintained navigational aid in any watercourse without a permit issued pursuant to Subsection B hereof, provided, however that a permit shall not be required in the case of routine maintenance as defined by this chapter.
(B)
Permit. A person desiring to construct or reconstruct such a dam or impounding structure or such dock, pier, wharf, bulkhead, seawall or jetty or to place privately maintained navigational aids in any watercourse shall submit a written verified application to the town for a Marine Conservation and Regulation of Marine Structures permit, on a form provided by the Department of Maritime Services. An original application for the permit and one electronic copy of such application shall be submitted to the Department of Maritime Services.
[Amended 7-13-2021 by L.L. No. 35-2021; 10-13-2021 by L.L. No. 61-2021]
(1)
Such application shall contain, at a minimum, the following information:
(a)
The name, address and phone number of the applicant and the owner and a disclosure of name(s) and address(es) of any and all real parties in interest.
(b)
The purpose of the proposed structure or the reason for the construction, minor reconstruction or substantial reconstruction.
(c)
A specific description of the proposed minor reconstruction or substantial reconstruction.
(2)
Such application shall be accompanied by a complete set of plans and specifications prepared by a registered professional engineer licensed by the State of New York. Submitted plans shall be 8 1/2" x 11" or 11" x 17". The location of the proposed structure shall be clearly indicated on the plans by reference to horizontal plane coordinates, which shall be based on the Long Island Zone of the New York State Plane Coordinate System (NAD-83) and to vertical plane coordinates, which shall be based on North American Vertical Datum 88 (NAVD-88). Drawings shall contain sufficient detail for use as construction documents in the field, and shall include, but not be limited to: a plan view, cross section and elevation views of the proposed structure, as well as necessary details needed for construction.
(3)
Such application shall be accompanied by a survey and topographical map with contours at one-foot intervals showing the area from which removal and/or deposition is proposed, certified by a registered land surveyor or registered professional engineer licensed by the State of New York. Such survey and topographical map shall show the soundings of the area from which removal or in which deposition is proposed. The vertical control of said survey shall be based on NAVD-88.
(4)
A written estimate of the costs of such construction, minor reconstruction or substantial reconstruction prepared by a professional engineer licensed by the State of New York.
(5)
Such application shall be accompanied by an affidavit by the applicant or real party in interest that there is no prior unpermitted construction on the proposed site and explain whether there are applications pending with other municipal entities which maintain concurrent jurisdiction over the proposed construction. Any such unpermitted construction or prior applications must be fully disclosed in the affidavit. Failure to file the affidavit specified in this subsection shall result in the denial of the application for permit without the benefit of a Town Board hearing or environmental review.
(6)
A completed Environmental Assessment Form, Part I, as defined by 6 N.Y.C.R.R. Part 617.2(m); and
(7)
A Local Waterfront Revitalization Program (LWRP) Consistency form from the Department of Maritime Services, if the project lies within a Local Waterfront Revitalization Area.
(8)
Any other relevant information the Director of Maritime Services may require.
(C)
Proceedings for Category I; permit approvals; appeals.
[Amended 7-13-2021 by L.L. No. 35-2021; 10-13-2021 by L.L. No. 61-2021]
(1)
Category I applications; public hearing required; construction and substantial reconstruction of a structure. Upon receipt of an application for the construction or substantial reconstruction of a marine structure for which a marine structure permit has not been previously issued by the Department of Maritime Services, the Department of Maritime Services shall forward such application to the Town of Huntington Conservation Board. If the application for construction or substantial reconstruction of a marine structure pertains to property located within a village, the application shall also be forwarded by the Department to the village clerk of the respective village for review. The Conservation Board, and village if applicable, shall review said application and submit their recommendations or comments to the Town Board and Department of Maritime Services within forty-five (45) days of receipt of such application. If a recommendation is not submitted to the Town Board or Department within forty-five (45) days of receipt of the application from the Department of Maritime Services, the Town Board may proceed to schedule a public hearing on the application. Before a public hearing is scheduled, the Department of Maritime Services shall submit a statement to the Town Board indicating whether the proposed work will unduly interfere with the right of the public to use the waters, and whether it will substantially impede or disrupt navigation. The Town Board shall hold a public hearing on such application upon not less than 10 days' notice, to be published in the official newspaper of the Town. In addition, all owners within a radius of 500 feet from the perimeter of the property for which the structure proposed for construction or substantial reconstruction is to be constructed shall be notified of the hearing by the applicant serving a copy of said notice by mail, mailed to said owners at the addresses shown on the current Town of Huntington assessment roll. The applicant shall submit proof of service to the Town Clerk not less than four days prior to the date of hearing. Failure of the applicant to timely submit such proof shall be deemed a withdrawal of the application. Any recommendation or comments received from the Conservation Board and/or village shall be considered by the Town Board in its deliberations on the application.
(2)
Category II applications; no public hearing required.
(a)
Upon receipt of an application for minor reconstruction of a marine structure, including minor reconstruction that is landward of the mean high water line requiring access solely through the applicant's property, or the substantial reconstruction of a marine structure that has been previously issued a marine structure permit by the Department of Maritime Services, the Department of Maritime Services shall review the application to ensure compliance with federal, state and local law requirements.
(b)
The Department shall notify the applicant in writing when the application is deemed complete. If the Department determines that the application is complete and in accordance with the standards set forth in this chapter, as well as other applicable law, then the Department shall commence a review of the permit application. A public hearing shall not be required for the minor reconstruction of a marine structure.
(3)
Appeals.
(a)
An applicant denied a Category I or Category II permit under this section may appeal the denial to the Town. Such Town shall hear and decide appeals from and review any order, requirement, decision or determination made by a town department or agency charged with the enforcement of this chapter. The concurring vote of a majority of the members of the Town Board or the Board of Trustees, whichever is applicable, shall be necessary to reverse any order, requirement, decision or determination of any such town department or agency; or to decide in favor of the applicant any matter upon which the Town is requested to pass under this chapter; or to effect any variation in such order, requirement, decision or determination after a public hearing upon such application, taking into consideration the following criteria:
[1]
The application, if granted, will not impede navigation nor conflict with § 137-9(A)(6), as confirmed, in writing, by the Harbormaster's Office.
[2]
The application, if granted, will be in conformity with all codes, rules and regulations of the Code of the Town of Huntington, as confirmed, in writing, by the Department of Maritime Services.
(b)
Public hearing for appeals. The Town shall schedule such public hearing to be conducted by it within 60 days after receipt of an appeal submitted, in writing, by the applicant. The town shall hold a public hearing on such appeal upon not less than 10 days' notice, to be published in the official newspaper of the Town. In addition, all owners within a radius of 500 feet from the perimeter of the property upon which the structure proposed for construction or substantial reconstruction is affixed shall be notified of the hearing by the applicant serving a copy of said notice by mail, mailed to said owners at the addresses shown on the current Town of Huntington assessment roll. The applicant shall submit proof of service to the Town Clerk not less than four days prior to the date of hearing. Failure to timely submit such proof shall be deemed to be a withdrawal of the appeal by the applicant. The Town shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of this chapter relating to the construction or alteration of docks or other structures. The Town shall take into consideration the criteria listed in § 137-34(C)(3), so that the spirit of the local law shall be observed, public safety and welfare secured and substantial justice done.
(D)
Issuance of permit; permit term.
(1)
Upon compliance with all provisions of this chapter, and, in the case of a Category I permit, the adoption of a resolution by the Town directing such issuance, a Marine Conservation and Regulation of Marine Structures permit for the construction, minor reconstruction or substantial reconstruction of a structure governed by this chapter, and access relating thereto, may be issued by the Department of Maritime Services. The permit shall contain a statement similar to that provided by § 137-28 of this chapter.
[Amended 10-13-2021 by L.L. No. 61-2021]
(2)
Any person owning or maintaining a seasonal dock that desires to change the size, dimension or location of such dock after the issuance of the original permit shall reapply for a marine conservation permit.
(3)
The term of the permit shall run concurrently with the permit issued by the New York State Department of Environmental Conservation.