[HISTORY: Adopted by the Town Board of the Town of Marlborough 5-11-2020 by L.L. No. 4-2020. Amendments noted where applicable.]
GENERAL REFERENCES
Local Waterfront Revitalization Program Consistency Review — See Ch. 99.
This chapter shall be entitled "Harbor Management." It shall be entered in the Town of Marlborough Code of Ordinances as Chapter 98.
A.
This chapter shall apply to all waters within the jurisdiction of
the Town of Marlborough, the waters of the Hudson River that are within
a distance of 1,500 feet from the Town's shoreline, including
the Lattintown Creek and Jews Creek from the confluence with the Hudson
River upstream 1,500 feet. These waters shall be known as the "Town
of Marlborough Harbor Management Area."
A.
ABANDONED VESSEL
AIDS TO NAVIGATION
ANCHORAGE
BOAT STORAGE, COMMERCIAL
BOAT STORAGE, PRIVATE
BOATHOUSE
CHANNEL
DOCK
DOCK AND MOORING AREA
EMERGENCY
FAIRWAY
FEDERAL NAVIGATION CHANNEL
FLOATING HOME
HARBOR MANAGEMENT AREA
HARBOR MANAGEMENT LAW
HARBOR MANAGER
LITTER
MOORING
PERSONS
PUMP-OUT FACILITY
STATE
STORAGE, COMMERCIAL
SUPERSTRUCTURE
TOWN BOARD
TRANSIENT BOATERS
UNDERWAY
VESSEL
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any vessel not moored, anchored or made fast to the shore
and left unattended for a period greater than 24 hours, or left upon
private property adjacent to the Harbor Management Area without consent
of the property owner, for a period greater than 24 hours.
All markers on land or in the water placed for the purpose
of enabling navigators in the Harbor Management Area to avoid navigation
hazards, regulatory markers and/or fix their position.
Any water area designated for anchoring or mooring.
A place, site or structure used to park, house or store on
any one lot, more than three vessels, excepting canoes, rowboats,
kayaks or other boats less than 18 feet in length for private gain
within a marina. This use shall not include "storage, commercial"
as defined in this chapter.
A place, site or structure used to park, house or store on
any one lot, three or fewer vessels, excepting canoes, rowboats and
kayaks.
Any building or similar superstructure that has direct access
to a body of navigable water and is used only for the storage and
sheltering of watercraft and associated equipment and does not have
plumbing or sanitary facilities.
Federal, state or locally designated water areas specifically
reserved for unobstructed movement of vessels.
Any dock, wharf, structure or fixed platform extending out
over the water built on floats, columns, open timber, piles or similar
open-work structures.
Sections of the Harbor Management Area where groups of docks
and moorings may be permitted.
A state of imminent or proximate danger to life or property.
Any designated and/or maintained water area reserved for
unobstructed movement of vessels, including an area at least 25 feet
in width adjacent to both sides of the Federal Navigation Channel.
The designated navigation channel in the Hudson River authorized
by an act of congress, specifically reserved for the unobstructed
movement of vessels and which is marked in water by aids to navigation
maintained by the United States Coast Guard.
Any structure constructed on a raft, barge, hull or other
platform and moored or docked in the Harbor Management Area and used
primarily for single- or multiple-family habitation or as the domicile
of any individual(s).
The area encompassing all waters designated by the Local
Waterfront Revitalization Area within the jurisdiction of the Town
of Marlborough, including the Lattintown Creek and Jews Creek from
the confluence with the Hudson River upstream 1,500 feet, and the
waters of the Hudson River that are within a distance of 1,500 feet
from the Town's shoreline, and as depicted on the Town's
Official Harbor Management Map on file in the Town Building Inspector's
office. These waters shall be known as the "Town of Marlborough Harbor
Management Area."
This chapter of the Town of Marlborough establishing rules
and regulations for the use and enjoyment of the waters of the Town
of Marlborough Harbor Management Area and the lands immediately adjacent
to the Harbor Management Area.
That person appointed annually by the Town Supervisor with
the consent of the Town Board who has full and primary responsibility
and authority for implementing and enforcing all provisions of this
chapter.
Any bottles, glass, cans, scrap metal, junk, paper, garbage,
rubbish, trash or similar refuse or human-generated or human-deposited
debris.
The attachment of or to attach a vessel to a pier or dock
or other structure or the attachment of or to attach a vessel to the
ground 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 boat at anchor
for more than 12 hours consecutively.
Individuals, corporations, societies, associations, and partnerships
using the facilities and areas within the Harbor Management Area.
A facility for pumping sewage from vessel holding tanks and
other devices and containing those wastes before proper disposal into
the Town of Marlborough sewage system.
The State of New York.
A business for hire in which a warehouseman, as defined in
§ 7-102 of the Uniform Commercial Code of New York State,
takes possession of goods and is responsible for the care and control
of the stored goods. Goods stored for hire shall be completely enclosed
within a building and may include boats, motorcycles, jet skis, or
similar recreational vehicles.
A structure built as a vertical extension on top of a lower
structure such as boathouse which is a storage building for boats
built on top of cribs or piles.
The Town Board of the Town of Marlborough.
Persons traveling into the Harbor Management Area by boat
and staying for a temporary period of time.
The condition of a vessel not at anchor and not made fast
to the shore or ground.
Every floating device used or capable of being used as a
means of transportation on water.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
Invalidity of provisions. Should any provision of this chapter be
held invalid or inoperative, the remainder shall continue in full
force and effect.
B.
Conflict with other laws. In any case where a provision of this chapter
is found to be in conflict with any other local provision, the article
setting the higher standard in promoting the general public welfare
shall be used.
C.
Enforcement. Authorized public servants of the Town as designated
by the Town Supervisor with consent of the Town Board, the Building
Inspector, the Town Police Department, the State Police, the Ulster
County Sheriff's Department, and any other police or peace officer
as defined in the New York State Criminal Procedure Law shall have
authority to enforce the provisions of this chapter.
D.
Penalties for offenses.
(1)
A person who violates any of the provisions of or fails to comply
with any conditions imposed by this chapter shall have committed a
violation, punishable by a fine not exceeding $350 for a conviction
of a first offense and punishable by a fine of $700 for a conviction
of a second or subsequent offense occurring within a period of five
years. For the purpose of conferring jurisdiction upon courts and
judicial officers, each week of continuing violation shall constitute
a separate additional offense.
(2)
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this chapter. Any
civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
E.
Liability. Persons using the waters within the limits of the Harbor
Management Area shall assume all risk of personal injury and loss
or damage to their property. The Town of Marlborough assumes no risk
on account of accident, fire, theft, vandalism or acts of God.
Except as otherwise provided in this chapter, no person shall
place, locate, construct, maintain, expand or use any dock, pier,
boathouse, structure or mooring buoy in any waters within the Harbor
Management Area without a building permit issued in accordance with
this chapter, the Town of Marlborough Zoning Ordinance, and any other
applicable local laws. Docks, piers, boathouses, or other structures
fewer than 200 square feet in area shall be exempt from the requirement
for a building permit but shall comply with all other provisions of
this chapter, the Town of Marlborough Zoning Regulations, and any
other applicable local laws. Failure to comply with this section is
a violation of this chapter. These permits are not transferable.
A.
Establishment. The office of the Town Harbor Manager may be established
by the Town Supervisor with the consent of the Town Board. If established,
the Town Supervisor, with the consent of the Town Board, shall appoint
a Harbor Manager on an annual basis.
B.
Powers and duties. It shall be the duty of the Harbor Manager, or
other public officer of the Town so appointed by the Town Supervisor
with the consent of the Town Board, to enforce the provisions of this
chapter. The Harbor Manager or the Harbor Manager's designee,
or other public officer of the Town so appointed, shall:
(1)
Examine all applications for all permits and issue permits only for
construction and uses therein in accordance with the requirements
of this chapter and all other laws, rules and regulations of the Town
applicable at the time of application.
(2)
Create a dock and mooring permit system to control the placement
of docks and moorings in the harbor.
(3)
Establish a permanent management system for harbor activities, operations
and implementation actions consistent with the provisions of the Town's
Local Waterfront Revitalization Program and Harbor Management Plan.
A.
Form and content of application. In any instance in which a permit
is required by this chapter, an applicant shall submit an application
on a form prescribed by the Harbor Manager, Building Inspector or
other public officer of the Town so appointed. The application is
hereby submitted with a fee as set forth in the Town of Marlborough
fee schedule,[1] accompanied by a plot plan drawn to scale, adequately
dimensioned, showing the location of all existing docks, piers, boathouses,
structures, mooring buoys, aids to navigation, abandoned vessels,
anchorage areas, navigation channels or fairways. The applicant shall
provide such other information as the Harbor Manager may require,
including but not limited to filings with or permits from federal,
state, Town or county authorities, description of the manner of construction
and installation, the materials to be used, evidence of ownership
or possessory right, by easement, license, right-of-way or other,
regarding the abutting shoreline and grant or leases pursuant to Article
6 of the Public Lands Law of the State of New York, regarding lands
under water.
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
B.
Issuance of permit. If the proposed activity conforms to all requirements
of this chapter and does not impair navigational safety or unreasonably
restrict public or private access to, on and within navigable waters
within the Harbor Management Area, the Harbor Manager, Building Inspector
or other public officer of the Town so appointed, shall issue a permit
for a one-year period commencing upon approval of the permit.
C.
Milton Landing Pier.
(1)
Scheduling. The scheduling of all tour boat berthing and departure
times, dock usage and tourism-related events shall be through the
Office of the Town of Marlborough Harbor Manager or Town Supervisor.
Such scheduling will be on first-come, first-served basis and as determined
by the Town of Marlborough.
(2)
No person shall cause any barge, boat, ship or other vessel to be
made fast to the public dock known as "Milton Landing Pier" or to
be made fast to any ship or vessel lying at such dock without first
obtaining a permit pursuant to this section.
(3)
The Town Board may establish fee, insurance and other requirements
to permit docking of commercial vessels and temporary docking of transient
vessels at the Milton Landing Pier and use of any related docking,
mooring and kayak/canoe storage facility and shall include such fee
and insurance requirements, if any, in the fee schedule.
A.
Dangerous operation prohibited. No person shall operate any vessel
in any manner that unreasonably interferes with the free and proper
use of the Harbor Management Area or any property on, in or contiguous
to the Harbor Management Area, or which endangers the users of the
Harbor Management Area.
B.
Identification.
(1)
No person shall operate or permit the operation of a vessel within
the Harbor Management Area unless such vessel is required by law to
be registered and numbered and bears a current validation sticker
in accordance with the provisions of the New York State Vehicle and
Traffic Law, if so required.
(2)
Every person operating a registered vessel shall, upon demand of
any peace officer, federal officer or other person having authority
to enforce the provisions of this chapter, produce the certificate
of registration for inspection. Failure to produce the certificate
of registration shall not be an offense, but shall be presumptive
evidence of operating a vessel which is not registered as required
by the New York State Vehicle and Traffic Law.
C.
Vessel speed and restricted speed areas.
(1)
Every operator of a vessel shall at all times navigate the same in
a careful and prudent manner in such a way as not to unreasonably
interfere with the free and proper use of the navigable waters of
the Harbor Management Area or unreasonably endanger any vessel or
person. Reckless operation is prohibited as is operation under the
influence of alcohol or any controlled substances.
(2)
No person shall operate a vessel within the Harbor Management Area
at a speed greater than is reasonable and prudent under the conditions
and having regard to the actual and potential hazards then existing.
(3)
No person shall operate a vessel within the Harbor Management Area
at such a speed as to cause a dangerous wake. The operator of a vessel
shall be held responsible for any damage caused by such wake.
(4)
No person shall operate a vessel within a designated dock and mooring
area at a speed in excess of five miles per hour or at a speed that
will cause a dangerous wake, whichever is the lesser speed.
D.
Mufflers. No person shall operate a power vessel without having the
exhaust from the engine run through a muffling device, so constructed
and used as to muffle the noise from the exhaust in a reasonable manner.
E.
Vessel enforcement authority.
(1)
The Town of Marlborough Police Department, the State Police, the
Ulster County Sheriff's Department, and any other police or peace
officer, as defined in the New York State Criminal Procedure Law,
shall have the authority to enforce waterborne traffic in any part
of the Harbor Management Area by use of authorized regulatory markers,
signals, orders or directions at any time when deemed necessary in
the interest of the safety of persons and vessels or other property.
(2)
No person shall moor or anchor any vessel so as to interfere with
the free and unobstructed use of any channel, fairway, or berthing
space in the Harbor Management Area.
F.
Anchoring in Federal Navigation Channel prohibited. No person shall
anchor any vessel in the Federal Navigation Channel, except in cases
of emergencies.
G.
Fishing. No person shall fish in the Harbor Management Area in such
a manner so as to impede navigation. Vessel-based fishing in a manner
that provides a hazard or inconvenience to navigation is prohibited.
A.
Littering and discharge of pollutants prohibited. No person shall
place, throw, deposit or discharge or cause to be placed, thrown,
deposited or discharged into the Harbor Management Area any litter
or other materials, including but not limited to any refuse or waste
matter, sewage, petroleum products or by-products, paint, varnish,
dead animals, fish parts or debris of any kind which renders the waters
unsightly, noxious, unwholesome, or otherwise detrimental to the public
health or welfare or to the enjoyment of the water for recreational
purposes.
B.
Marine toilets. No person shall operate a marine toilet at any time
so as to cause or permit to pass or be discharged into the Harbor
Management Area any untreated sewage or other waste matter or contaminant
of any kind pursuant to § 33-c of the New York State Navigation
Law.
C.
Responsibility for sanitation of facilities. The owner, lessee, agent,
manager or person in charge of a marine facility or water area shall
at all times maintain the premises under his/her charge in a clean,
sanitary condition, free from malodorous materials and accumulations
of garbage, refuse, debris and other waste materials.
D.
Marine facility sanitation requirements.
(1)
The owner or other person vested with the possession, management
and control of a marine facility shall provide and maintain a sufficient
number of trash receptacles for the deposit of litter at locations
convenient to vessel users of such marine facilities. A maximum spacing
of 100 feet between receptacles shall be maintained on all piers and
docks. Failure to comply with this provision is a violation of this
chapter.
(2)
The owner or other person vested with the possession, management
and control of a marine facility shall maintain suitable toilet facilities
on shore for the accommodation of vessel users who are patrons of
their marine facility. Failure to comply with this provision is a
violation of this chapter.
(3)
The owner or other person vested with the possession, management
and control of a marine facility shall post a sign, clearly visible
to vessel owners and operators, that states: "The Navigation Law of
the State of New York provides strict penalties for the discharge
of sewage in the waters of New York State. The local laws of the Town
of Marlborough prohibit the discharge of litter, sewage, and refuse
within the Marlborough Harbor Management Area." Failure to comply
with this provision is a violation of this chapter.
(4)
Any sewage pump-out facility required as a condition of Town, state
or federal approval of a marine facility in the Harbor Management
Area shall be maintained in proper working order and available for
use as specified in Town, state or federal permits. Failure to comply
with this provision is a violation of this chapter.
A.
Abandoned vessels and structures prohibited. No person shall abandon,
sink or place a vessel, mooring or other structure within the Harbor
Management Area where it may constitute a danger to navigation or
to the safety of persons or property, or where it may prevent optimum
use of the area.
B.
Removal of abandoned vessels and structures.
(1)
Any vessel or other structure abandoned or sunk or so placed may
be removed or relocated at the direction of the Harbor Manager if
corrective action is not taken by the owner, if known, within seven
days after notification, or, if not known, after notice has been posted
for that period on the vessel or object.
(2)
Nothing herein contained shall prevent the Harbor Manager from taking
measures with or without notice, if, in its judgment, such measures
are necessary in order to provide for the safety of persons or property.
The expense of such removal or relocation and any liability from injury
to person or property incurred thereby shall be the responsibility
of the owner.
A.
Regulations of floating homes. In order to provide for adequate access
for vessels, for the safety of persons and property, for the protection
of environmental quality, and for the optimum use of the Harbor Management
Area, the Town Board or its designated agent(s) may regulate the use
of floating homes in the Harbor Management Area.
B.
Living aboard vessels permitted on temporary basis.
(1)
Sleeping aboard vessels on a temporary basis is allowed as a secondary
use to the vessel's principal commercial or recreational uses,
provided that the vessel is berthed at a marine facility and where
consistent with all Town, state and federal requirements concerning
anchoring, lighting, taxation and other pertinent concerns, and provided
that land-based support facilities and utilities, including sewage
disposal facilities, are available.
(2)
Sleeping aboard vessels moored or anchored within the Marlborough
Harbor Management Area on a temporary basis, not to exceed two weeks,
is allowed as a secondary use to the vessel's principal commercial
or recreational uses where consistent with all Town, state, and federal
requirements concerning anchoring, lighting, taxation and other pertinent
concerns. For purposes here, the term "moored" shall only refer to
vessels that are attached to the ground 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.
A.
Owner responsibility for secure berthing, mooring and anchoring.
The owner of any vessel berthed, moored or anchored within the Harbor
Management Area shall be responsible for causing such vessel to be
tied and secured or anchored with proper care and equipment and in
such manner as may be required to prevent the vessel from breaking
away.
B.
Owner responsibility for damage. Each person anchoring or mooring
a vessel in the Harbor Management Area shall be responsible for any
damage to that vessel, or to any other vessel or any other property,
caused by that vessel. The Town of Marlborough assumes no liability
for personal injury or property damage that may result from the use
of unsafe or otherwise inadequate anchoring or mooring tackle and
assumes no risk on account of accident, fire, theft, vandalism or
acts of God related to the anchoring or mooring of vessels in the
Harbor Management Area.
C.
Temporary anchoring permitted. Temporary anchoring of vessels for
less than eight hours is permitted, provided such anchoring does not
interfere with any established navigation channel, mooring or docking
area or other vessel moored or docked.
D.
Locations for moorings and permit required. No person shall place
or utilize a mooring without first securing a permit as set forth
herein. No person shall moor any vessel except in designated areas
as shown in the harbor management plan as dock and mooring areas.
No vessel moored or anchored, at full swing of its mooring or anchor
line shall be within 75 feet of the Federal Navigation Channel of
the Hudson River, or within 25 feet of any Town- or state-designated
channel, fairway, or within 75 feet from any dock or other marine
facility within the Harbor Management Area.
E.
Locations for docks and permit required. No person shall install
any berth or dock without first securing a permit as set forth herein.
No person shall berth or dock any vessel, whether to mooring tackle
or a pier or dock, in such a manner that it lies within the lines
of any channel, swimming area, buffer area, turning basin or in proximity
of a channel marker or in a manner that interferes with the full use
of a channel, except in cases of emergency.
F.
Regulation of docks and moorings. In order to provide for adequate
access for vessels, for the safety of persons and property, for the
protection of environmental quality, and for the optimum use of the
Harbor Management Area, the Town Board or its designated agent(s)
may regulate the placement of all docks and moorings in the Harbor
Management Area in accordance with rules and procedures adopted by
the Board.
A.
A person who violates any of the provisions of or who fails to comply
with any conditions imposed by this chapter shall have committed a
violation, punishable by a fine not exceeding $350 for a conviction
of a first offense and punishable by a fine of $700 for a conviction
of a second or subsequent offense occurring within a period of five
years. For the purpose of conferring jurisdiction upon courts and
judicial officers, each week of continuing violation shall constitute
a separate additional offense.
B.
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this chapter. Any
civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
This chapter shall take effect immediately upon its adoption
by the Town Board, approval by the New York State Secretary of State
pursuant to Article 42 of the New York State Executive Law and its
filing with the New York State Department of State in accordance with
the provisions of the Municipal Home Rule Law.
