The operation and mooring of vessels in the Byram River and
Port Chester Harbor, being a matter affecting the public interest,
is and should be subject to the regulatory and administrative controls
hereinafter set forth. The purpose of this chapter is to reestablish
standards, requirements and procedures for the safe and sanitary operation
of vessels; mooring of vessels; and use, maintenance and management
of marinas and marine structures.
As used in this chapter, the following terms shall have the
meanings stated after each such term:
CHANNEL
A federally or locally designated navigation accessway in
the harbor.
HARBOR
All waters to the mean high water mark, within or bounding
the Village, as such waters are designated on the Official Map of
Port Chester which are located south and east of the mouth of the
Byram River.
LITTER
Any garbage, refuse or rubbish and other waste material.
MARINA
Any public or private installation which provides accommodations
or facilities for vessels, including mooring, docking, storing, leasing,
sale or servicing of vessels within the river or harbor or uplands
adjacent thereto, including yacht clubs, beach clubs, boatyards and
any other installation providing for services or storage space for
vessels.
MARINE STRUCTURES
Any boathouse, mooring and/or dock, or other structure in
any waters within or bounding the Village to a distance of 1,500 feet
from shore.
MEAN HIGH WATER
The average height of the high waters over a nineteen-year
period immediately preceding the current year.
MOORING
The attachment of a vessel to a pier or dock or other structure
or the attachment of a vessel to the ground or lands underwater by
means of tackle so designed that, when such attachment is terminated,
some portion of the tackle remains below the surface of the water
and is not under the control of the vessel or its operator. The term
"mooring" shall also include the placing of a vessel at anchor for
more than 12 hours consecutively.
VESSEL
Any watercraft or other contrivance used or capable of being
used as a means of transportation in the water.
Erection of marine structures requires a Village permit. The application process is set forth in §§
148-13 through
148-15 of this chapter. The issuance of any necessary permits from the federal or state government, or any other regulatory authority, does not relieve any party seeking to erect a marine structure from the requirements of this chapter.
Excavating, dredging or filling in the Byram River and Port
Chester Harbor are subject to the issuance of all necessary federal
and state regulatory agency permits. All applicants are responsible
for applying for all necessary federal and state regulatory agency
permits and, at the same time, must submit one copy of the application
package made to such agencies to the Village Building Department.
The Waterfront Commission may approve, disapprove or approve
with condition any application for a permit referred to it, provided
that such action shall be by the majority vote of Commission members
present. In case of disapproval, the Commission shall find that the
marine structure for which the permit was applied would, if erected,
be detrimental to the desirability or development of the harbor by
reason of:
A. Method and manner of construction: unsuitable materials, methods
or design which can be reasonably expected to result in a marine structure
that may fail to accomplish its stated and intended purpose or will
present a safety hazard to any person utilizing the harbor for commercial
or recreational pursuits.
B. Inappropriateness of marine structure: inappropriate size, design
or material which will result in a marine structure that is ill-suited
or ill-adapted and will conflict with the lawful use of any existing
marine structure in the harbor or any land-based structure located
within 500 feet.
C. Siting of the marine structure: location of a marine structure such
that it lies within the lines of a channel or which would result in
vessels moored to the structure lying within the lines of a channel.
Minor encroachments may be permitted, provided the structure is a
floating structure for seasonal use and which is removable for channel
maintenance and does not substantially interfere with navigation through
the channel.