[HISTORY: Adopted by the Board of Trustees of the Village
of Northport 1-16-2018 by L.L.
No. 1-2018. Amendments noted where applicable.]
It is the intent of the Village Board to protect the citizens
of the Village of Northport by providing for the protection, preservation,
proper maintenance and use of its watercourses, coastal wetlands and
tidal marshes in order to minimize their disturbance, prevent damage
from erosion, turbidity or siltation, salt water intrusion, loss of
fish, shellfish or other beneficial marine organisms, aquatic wildlife
and vegetation and the destruction of the natural habitat thereof,
the dangers of flood and storm tide damage and pollution and to otherwise
protect the quality of watercourses, coastal wetlands, tidal waters,
marshes, shorelines and watersheds from mismanagement. Therefore the
Village Board declares that regulation of the watercourses, coastal
wetlands and tidal marshes of the Village of Northport is essential
to the health, safety, economic and general welfare of the people
of the Village of Northport and in their interest.
A.
APPARENT HIGH WATER (AHW)
APPARENT LOW WATER (ALW)
ARMAMENT-STONE
BERTH
BULKHEAD
CERTIFICATION OF COMPLETION
COMMERCIAL MARINE STRUCTURE(S)
CONSTRUCTION
DEPOSIT
DOCK ASSEMBLY
DOCK
EROSION
FILL
FIXED PIER
FIXED PLATFORM ACCESS STRUCTURE
FLOATING DOCK
GABION WALL SYSTEM
HIGH WATER (HW)
LITTORAL BOUNDARY
MARINA
MAINTENANCE DREDGING
MARINE RESOURCE FLOATING PLATFORM
MARINE STRUCTURE
MEAN LOW WATER or MEAN HIGH WATER
(1)
(2)
(3)
(4)
MATERIAL
MINOR RECONSTRUCTION
OPERATION
PIER
PILE
REMOVE
REPAIR
RESIDENTIAL AND/OR RECREATIONAL MARINE STRUCTURES
RIP-RAP
ROUTINE MAINTENANCE
SEAWALL
SHORELINE
SUBSTANTIAL RECONSTRUCTION
SWIM FLOAT
TIDAL WATERS
VILLAGE
UPLAND
WATERCOURSES
WETLANDS
Definitions. For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The observed location of high water recorded at a particular
point or station on a particular date.
The observed location of low water recorded at a particular
point or station on a particular date.
The placement/installation of larger stones, including boulders,
at the toe of a bulkhead/seawall to dissipate wave action.
The water area a vessel occupies when made fast to a shoreline
or structural installation.
A structure that is positioned parallel to the shore to retain
upland soil.
A certificate issued by the Northport Village Building Department
stating that a permitted project under this chapter has been completed
in compliance with approved plans, the Code of the Village of Northport
and other applicable provisions of law.
A marine structure designed to dock, berth or service vessels
that function and/or serve as a component part of a marina, fuel dock,
yacht club, barge, tanker terminal, commercial fishing loading/off-loading
facility or as a structure designed to secure or make fast a vessel(s)
engaged in commerce or to accommodate greater than four noncommercial
vessels at a time.
The act or action of combining materials and parts to form
a new permanent or temporary structure or to extend or reduce an existing
structure.
Includes, but is not limited to, dump, bulldoze, shovel,
pipe hydraulically or any other method of placing material on a site.
A marine structure, components and assemblage that extends
seaward consisting of a fixed pier, movable access ramp and float(s),
intended to berth and secure a vessel(s).
A marine structure whose primary purpose is to berth and
secure boats by itself or as part of a dock assembly.
To wear away or diminish land by action of water or wind.
All fill, including but not limited to backfill material,
consisting of only clean sand, gravel or soil (not asphalt, slag,
fly ash, broken concrete or demolition debris).
A marine structure, usually of open construction, that is
stand-alone or is a component of a dock assembly, built for use as
a means of accessing the shoreline from a boat.
A marine structure, usually of open construction, that provides
access to the shoreline over or around an erosion control structure,
including but not limited to a bulkhead, seawall or rip-rap.
A buoyant marine structure usually of open construction,
which extends seaward and is affixed and secured in place with the
use of piles or anchors.
A system of cage or box-like structures filled with larger
stones or concrete and placed in line and sometimes stacked on a shoreline
area to act as erosion control.
Maximum height reached by a rising tide. The height may be
solely due to the periodic tidal forces or it may have superimposed
effects of prevailing meteorological conditions; also commonly known
as high tide.
A boundary line extending seaward from adjoining upland parcels
from a point at right angles to tangent to the mean high water (MHW)
line, drawn at that point to where the property line intersects the
MHW line. In situations where irregular shoreline features may cause
the littoral boundary to inequitably divide the littoral areas of
adjacent shoreline property owners, the littoral boundary will be
located in such a manner as to equitably divide the adjacent littoral
areas based upon shoreline frontage.
A waterfront facility designed to berth, store, launch, repair,
fuel or provision a vessel exclusive of a docking facility that services
as a residential and/or recreational structure.
Dredging reasonably necessary to maintain the width and nominal
depth of any harbor or inland harbor.
Any special purpose floating platform operated and regulated
by the Village of Northport alone designed for and limited to propagation
and grow-out of natural resources.
A structure either in the water or adjacent to the shoreline
that provides access to the water, the shoreline or protects property
bordering the shoreline from erosion, including but not limited to
a bulkhead, seawall, dock assembly, fixed pier, fixed platform access
structure, floating dock, floating platform, armament-stone, rip-rap,
or gabion wall system.
Respectively, the approximate average low water level or
high water level for a given body of water at a given location, that
distinguishes between predominantly aquatic and predominantly terrestrial
habitat as determined, in order of use, by the following:
Available hydrologic data, calculations, and other relevant
information concerning water levels (e.g. discharge, storage, tidal,
and other recurrent water elevation data;
Vegetative characteristics (e.g., location, presence, absence
or destruction of terrestrial or aquatic vegetation);
Physical characteristics (e.g., clear natural line impressed
on a bank, scouring, shelving, or the presence of sediments, litter
or debris);
Other appropriate means that consider the characteristics of
the surrounding area.
Includes, but is not limited to, soil, sand, gravel, clay,
bog, mud, shells, or other aggregates, solid and liquid wastes and
chemicals.
Includes, but is not limited to, the replacement-in-kind,
or reconstruction of less than 50% of a marine structure or subsystem
of a marine structure in a twelve-month period.
The removal or depositing of material or a combination of
both or the erection or reconstruction of any dam, impounding structure
or other structure, including, but not limited to, any artificial
obstruction, temporary or permanent, dock, pier, wharf or other structure,
temporary or permanent, used as a landing place on water or pile,
spile or dolphin.
A marine structure usually of open construction projecting
into a body of water for use as a landing stage or breakwater.
A long vertical substantial pole of wood, concrete, fiberglass
or metal, driven into the earth or sea-bed to serve as support or
protection.
Includes but is not limited to dig, dredge, suck and bulldoze
or any other method.
To restore to sound condition after damage or wear by means
of replacement of any part of portion of an existing marine structure
or subsystem with like or similar type materials.
A pier, ramp and float(s) structure operated for recreational
purposes permit the docking of no greater than three vessels per single
residence.
The placement or stacking of larger stones, including boulders
and slab, on a shoreline area to act as control erosion.
The customary minor repairs required to preserve and sustain
a marine structure in satisfactory operating condition, provided that
the minor repair is not submerged in tidal water. Routine maintenance
shall not include the enlargement of or increase in capacity in a
portion of a permitted marine structure. Any form or dredging or depositing
of material shall not be considered routine maintenance and shall
require a permit under this chapter.
A wall or embankment to protect the shore from erosion or
to act as a breakwater.
The land at the edge of a body of water, such as an ocean,
sound, bay, sea, lake, cove, bight, canal or harbor.
Refers to any repair, replacement or reconstruction of 50%,
by area, or more of a marine structure or subsystem of a marine structure
in a twelve-month period.
A floating structure positioned and anchored in Town waters
that is designed specifically to serve as a diving platform and to
assist or support swimmers during recreational water contact activities.
Includes all waters bordering on or within the village boundaries
subject to fluctuations in depth from storm, peak lunar or normal
tidal action and shall include but not be limited to all brackish
and salt waters of streams, ponds, creeds, estuaries, bays, sounds
and inlets and may include certain fresh waters.
The Village Board of the Village of Northport or the Village
of Northport Board of Trustees or their successors as provided by
law, or both, as the case may be.
All that land or area not containing wetlands as defined
herein and which is above the ten-foot contour measured from mean
sea level datum as established by the United States Coast and Geodetic
Survey.
Any waterway or other body of fresh, brackish or salt water
having reasonably well defined banks including but not limited to
sounds, bays, rivers, creeks, rivulets, lakes, ponds and streams.
Lands generally covered or intermittently covered with fresh,
brackish or salt water, including but not limited to tidal marsh,
thatch meadows, out-marshes, salt meadows, swamps and bogs.
B.
Word usage. When not inconsistent with the context, words used in
the present tense include the future; words used in the plural number
include the singular number; and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
For the purposes of this chapter, any applicant for a permit
under this chapter shall submit design drawings and supporting engineering
documents prepared by a professional engineer licensed by the State
of New York to the Northport Village Building Department that include,
but are not limited to, the following information, as applicable,
regarding the structures set forth below that are proposed to be constructed
and/or reconstructed:
A.
Bulkheads, groins, jetties and breakwaters.
(1)
The type of hardware proposed to be used, including, dimensions,
sizing, material and coatings;
(2)
The dimensional lumber (e.g., wales, caps, sheathing) proposed to
be used, including sizing, wood type and classification, treatment,
spacing, joining details (e.g. wale scarf joint);
(3)
The type of sheathing proposed to be used, including, but not limited
to, the dimensions, material, manufacturer's specifications, if appropriate
(e.g. steel, vinyl, fiberglass);
(4)
The in-situ soils, including but not limited to the elevation of
hardpan, bearing capacity;
(5)
The piles proposed to be used, including the type of material, length,
class, tip, butt, treatment, if timber, and manufacturer's specifications,
if appropriate (e.g. steel, fiberglass);
(6)
Splice details. Depiction of how proposed structure is to meet with
existing adjacent structure;
(7)
Deadman system, including anchor details (e.g. timber, poured concrete,
engineered);
(8)
Fill; backfill material. The classification of backfill material,
whether the backfill material is well graded and/or well draining,
and proof of origin of the backfill material;
(9)
Geotextile filter fabric. The manufacturer's specifications for the
geotextile filter fabric; and
(10)
Structural calculations that support the choice of materials
and design (e.g. free earth support method for bulkheads).
B.
Seawalls (stone, concrete, masonry).
(1)
In-situ soils, including but not limited to the elevation of hardpan
and the bearing capacity;
(2)
Splice details. A depiction of how proposed structure is to meet
with existing adjacent structure;
(3)
Deadman System. The anchor details, including timber, poured concrete,
engineered;
(4)
Fill; backfill material. The classification of backfill material,
whether the backfill material is well graded and/or well draining,
and proof of origin of the backfill material;
(5)
Geotextile filter fabric. Submission of the manufacturer's specifications;
C.
Piers and docks.
(1)
The type of hardware proposed to be used, including the dimensions,
sizing, material, coatings;
(2)
The dimensional lumber proposed to be used (e.g., posts, girders,
stringers, decking), including the sizing, wood type and classification,
treatment, spacing, and joining details (e.g., fasteners, strapping,
frequency, spacing);
(3)
In-situ soils, including but not limited to the elevation of hardpan
and bearing capacity;
(4)
The piles proposed to be used, including the type of material, length,
class, tip, butt, treatment, if timber, and manufacturer's specifications,
if appropriate (e.g., steel, fiberglass); and
(5)
Splice details. A depiction of how the proposed structure is to meet
with existing adjacent structure.
D.
Floating docks.
(1)
The type of hardware proposed to be used, including the dimensions,
sizing, material, coatings;
(2)
The dimensional lumber proposed to be used (e.g., posts, girders,
stringers, decking), including the sizing, wood type and classification,
treatment, spacing and joining details;
(3)
Piles. The piles proposed to be used, including the type of material,
length, class, tip, butt, treatment, if timber, and manufacturers
specifications, if appropriate (e.g., steel fiberglass);
(4)
Flotation material. The type of foam or flotation material;
(5)
Gangways including connection details to bulkhead or pier, handrails
and Americans with Disability Act ramps;
(6)
Anchorage system;
(7)
Utility hangar and access system; and
(8)
Decking material, cleat system and connection.
E.
Boat Ramps.
(1)
Cofferdam and dewatering preliminary design sketches;
(2)
Scour protection;
(3)
Concrete slab design;
(4)
Loan transfer;
(5)
Base course for the concrete slab;
(6)
Fill; backfill material. The classification of backfill material,
whether the backfill material is well graded and/or well draining,
and proof of origin of the backfill material;
(7)
Geotextile filter fabric. Submission of manufacturer's specifications;
(8)
Proposed slope. The recommended slope for the boat ramp is 14%; and
(9)
Traction grooves in the concrete.
A.
Fixed pier, ramp, and floating dock(s). The following standards and
regulations shall apply to the design, construction, and operation
of a residential and/or recreational fixed pier, ramp and float as
permitted under this chapter.
[Amended 4-20-2021 by L.L. No. 1-2021]
(1)
The maximum overall length of a fixed pier, ramp and float dock structure
shall be limited to a distance not to exceed 100 feet extending from
a mean high-water (MHW) mark to littoral property subject to the rights
of the public to provide access for the use of underwater lands to
obtain natural resources, including finfish and shellfish, and use
of waterways for navigation, recreation, and swimming. Measurements
shall be taken from mean high-water (MHW) line to extend seaward.
(2)
The underside of joists supporting a fixed pier that extends seaward
shall be elevated no less than four feet above mean high water.
(3)
The deck of a fixed pier shall have a maximum surface width of 48
inches. All proposed decking shall permit the passage of light and
water to the area below, unless otherwise authorized by the New York
State Department of Environmental Conservation (NYSDEC).
(4)
The areas of the fixed platform/deck shall not exceed 400 square
feet. A dock shall not exceed 100 feet in length from a mean high-water
(MHW) mark and shall not exceed four feet in width.
(a)
Any application for a fixed pier, ramp, floating dock or fixed platform that seeks to exceed the maximum(s) permitted under § 124-4A(1), (2), (3) and (4) shall, at the discretion of the Northport Village Board of Trustees, be:
[1]
Heard by the Northport Village Board of Trustees; or
[2]
Referred to the Northport Village Zoning Board to review and act in accordance with the powers granted to them and pursuant to the criteria established § 124-4A(4)(b).
(b)
Upon referral from the Northport Village Board of Trustees,
the Zoning Board shall review and act upon the application. The Zoning
Board review shall include, but not be limited to, navigational safety
issues; whether it will produce a detriment to the nearby properties;
if the requested application to exceed the limits is substantial;
if the proposed application adversely affects the physical and environmental
conditions in the area and can the relief sought by the applicant
be achieved by some other feasible method.
(c)
In addition to the foregoing, no application for the relief
sought hereunder shall be granted without New York State Department
of Environmental Conservation and United States Army Corps of Engineers
approval of the maritime structure.
(5)
The seaward terminus of a fixed pier, ramp and float(s) structure
shall not extend within a distance of 50 feet of any federally or
locally designated channel, vessel accessway, fairway or anchorage.
(6)
No fixed pier, ramp or float(s) structure shall hinder or impede
public use of the water, vessel navigation or adjacent littoral areas
nor prevent lateral access along the shoreline below the MHW mark.
(7)
Float(s) may be oriented either in-line with the ramp or in an "L"
or "T" configuration. No more than a total length of 40 feet of six-foot-wide
floats shall be used at the terminus of the fixed pier or dock assembly.
B.
Access structures. The following standards and regulations shall
apply to the design and operation of a bulkhead wall and fixed platform
access structure:
(1)
A fixed platform shall be constructed of planking that shall run
perpendicular or diagonal to the frame. Planking shall be spaced with
one-half-inch gaps. No solid decks shall be permitted.
(2)
A fixed platform, if greater than six feet in width, shall not cover
or shade any supratidal, intertidal or tidal vegetation.
A.
Marinas.
(2)
The following standards shall apply to the design and operation of
a marina:
(a)
Any new commercial marine structure shall be located on a parcel
with shorefront footage having specific zoning/land use regulations
to permit construction of said structure.
(b)
No marina shall extend seaward more than 200 feet in length
from the MHW line.
(c)
The deck of a fixed pier shall have a maximum surface width
of 72 inches. All proposed decking shall permit the passage of light
and water to the area below, unless otherwise authorized by the New
York State Department of Environmental Conservation.
(d)
The underside of joists supporting a fixed pier that extends
seaward shall be elevated no less than four feet above mean high water.
(e)
No marina shall extend within a distance of 50 feet of any federally
or locally designated channel, vessel accessway, fairway or anchorage.
(f)
No marina shall extend within 10 feet of the littoral boundary
(g)
Any proposed new commercial marina or any existing commercial
marina proposing to expand or increase docking facilities or services
shall be required to:
[1]
Install a marine sanitation pumpout device, so designed as to
accommodate all vessels in the marina.
[2]
Install a potable water supply with proper backflow prevention.
[3]
Provide for the collection and proper disposal of domestic sewage,
solid waste (garbage, trash, etc.), grease, oil and gasoline.
[4]
Provide for proper stormwater management of upland stormwater
within the marina complex.
(h)
Any commercial marina permitted to dispense gasoline, diesel
fuel, mixed oils and similar supplies shall maintain sufficient material
for the collection and absorption of spilled petroleum products.
(i)
No float(s) shall rest on any underwater lands during ebb or
mean low water (MLW) or on any intertidal, tidal or subtidal vegetation,
unless otherwise authorized by the New York State Department of Environmental
Conservation.
B.
Floating platform. A floating platform(s) is a structure intended
for commercial application and use pursuant to Village of Northport
Code § 120-4, Freestanding floats. The following standards
and regulations shall apply to the design and operation of a floating
platform:
(1)
No floating platform(s) shall rest on any underwater lands during
ebb or mean low water (MLW) or on any intertidal, tidal or subtidal
vegetation, unless otherwise authorized by the New York State Department
of Environmental Conservation.
(2)
No floating platform(s) shall hinder public or private owner use
of the water, navigation or littoral areas.
(3)
No floating platform(s) shall be placed within 50 feet of any federally
or locally designated navigational channel, vessel accessway, fairway
or channel.
It shall be the responsibility of the permit holder(s) and/or
the property owner(s) of marine structures governed by this chapter
to provide maintenance, repair and service of said structure(s). Failure
to comply with this requirement shall subject the permit holder(s)
and/or property owners to fines, penalties and/or other enforcement
action authorized by this chapter.
No marine conservation and regulation of marine structures permit
shall be issued or released until the nonrefundable application fees
established in this chapter have been paid to the Northport Village
Clerk.
A.
An application for a marine conservation and regulation of marine
structures permit shall include payment of an initial minimum nonrefundable
fee in addition to a sum based upon the estimated costs of construction,
dredging, and/or deposition of material, as follows.
(1)
For residential uses, the minimum fee shall be $100.
(2)
For nonresidential uses, the minimum fee shall be $500.
(3)
In addition to the minimum fee, a fee of $7 shall be charged for
each $1,000 of estimated costs of construction costs, dredging and/or
costs of deposition of material, or fraction thereof.
B.
For the purposes of this section, the estimated costs of construction,
dredging, and/or disposition of material shall be prepared by a professional
engineer licensed by the State of New York and be submitted to the
Northport Village Building Department in writing as part of the application
for a marine conservation and regulation of marine structures permit
set forth in this chapter.
Where the Village of Northport has concurrent jurisdiction with
other local governments and governmental agencies over proposed marine
structures, primary consideration shall be given to DEC regulatory
requirements. The applicant must seek a permit, variance or other
relief from the Village of Northport before or concurrently with submitting
an application to DEC. It is the applicant's responsibility to ensure
that all involved agencies and local governments have all information
necessary in order for the Village of Northport to make a decision
on the respective application and that each agency and local government
involved is made aware of the applicant's application to the other
agency and local government involved.
Any marine structure presently existing or an applicant that
currently has a permit from the Village of Northport to build a marine
structure prior to the effective date of this chapter shall be exempt
from the requirements of this chapter.
If any clause, sentence, paragraph subdivision or other part
of this chapter shall for any reason be adjudged by any court of competent
jurisdiction to be unconstitutional or otherwise be invalidated, such
judgment shall not affect, impair or invalidate the remainder of the
local law, and it shall be construed to have been the legislative
intent to enact this local law without such unconstitutional unlawful
or invalid parts therein.
