A. 
For the purposes of this article, docks, moorings and dry storage are all considered the same in establishing the amount of permitted boat storage on a parcel.
B. 
Boat storage shall be permitted only as an accessory use to the principal permitted use of a property. Rail systems and boat hoists shall be considered accessory uses to docks and moorings. No dock in any residential zoning district shall be utilized for commercial purposes.
C. 
No vessel or float shall be so docked, moored or anchored so that it at any time rests within any channel or fairway, interferes with the full use of such channel or fairway or obstructs navigational aids and signage.
D. 
No vessel or float shall be moored or anchored so that it interferes with access to an adjoining or nearby property.
E. 
No boat shall be docked, hoisted or moored within 10 feet of an adjoining property line, as extended at a ninety-degree angle to the shoreline. No accessory structure supporting water-dependent uses shall be permitted within 10 feet of an adjoining property line.
F. 
No person shall moor or secure a vessel or float at a public dock or mooring located in Irondequoit Bay without first obtaining a permit from the authorized Town official and/or any other appropriate agency having jurisdiction.
G. 
No dredging shall be permitted within any area of the Bay, with the exception of the North Harbor Area, to accommodate the installation of new docks, moorings or dry storage facilities.
H. 
No person shall place a mooring or float in the territorial waters of the Town without the consent of the authorized Town official and obtaining a permit from the Town Clerk.
I. 
Rafting at a public dock or mooring is prohibited unless expressly allowed by the authorized Town official.
J. 
The Planning Board shall have the authority of site plan review to approve placement of multiple berths (wet and dry) in or adjacent to Irondequoit Bay.
A. 
Resource Protection Areas. Boat storage is incompatible with Resource Protection Areas and shall be restricted in such areas. If permitted, dock and mooring development in Resource Protection Areas shall be limited based on its proximity to significant habitat areas and its potential impact on such environmental features. Each parcel within Resource Protection Areas, regardless of parcel use, may be permitted to have a maximum of one dock or one mooring.
(1) 
Standards for docks.
(a) 
Prior to the issuance of a dock permit in these areas, the applicant shall be responsible for identifying other reasonable alternatives such as mooring offshore with minimal shoreline development, or access to nearby off-site docking facilities.
(b) 
In no case shall any dock in such areas extend offshore more than 50 feet and exceed a maximum of 200 square feet in area.
(c) 
No commercial docking or marina activity shall be permitted in Resource Protection Areas.
(2) 
Standards for moorings.
(a) 
No mooring shall be placed so that the swing of the boat attached to the mooring drifts within 10 feet of the property line, as extended at a ninety-degree angle to the shoreline.
(b) 
A mooring shall only be placed in water that is at least eight feet deep but no more than 30 feet deep throughout the boating season.
(c) 
A mooring buoy shall be white with a blue stripe large enough to display the permit number issued by the Town but no more than 32 inches in diameter.
(d) 
A mooring may not be placed further than 100 feet from the shoreline unless it is located in a Special Anchorage Area as designated on the Water Surface Use Map and approved by the authorized Town official.
(e) 
A mooring shall not be placed any closer than 50 feet to a dock or float.
(f) 
A mooring shall be anchored with an appropriate, retrievable device, as approved by the authorized Town official.
(3) 
Dry storage facilities. Dry storage structures shall not be permitted in Resource Protection Areas.
B. 
Near Shore Areas. Near Shore Areas are designated on the Water Surface Use Map and extend 300 feet from the shore.
(1) 
Standards for docks.
(a) 
In cases where environmental constraints exist or landside support is inadequate, alternative options for riparian access should be explored. This may include shared docking facilities, mooring offshore with minimal shoreline development, or access to nearby off-site dock facilities.
(b) 
Each single-family residentially zoned parcel within Near Shore Areas may be permitted to have a maximum of one dock or one mooring. Docks shall not extend offshore more than 50 feet and exceed a maximum of 200 square feet in area.
(c) 
The number of docks serving multifamily residential sites shall be limited based on the linear feet of shoreline contained within the parcel.
[1] 
The calculations to determine the maximum number of boats stored on a multifamily parcel shall be based on the length of shoreline as follows:
Length of Shoreline
(linear feet)
Number
0-100
1 dock or 2 boats
101-250
2 docks or 4 boats
251-500
3 docks or 6 boats
Greater than 500
1 dock or 2 boats per 150 linear feet
[2] 
The dock structure associated with multifamily parcels shall not extend offshore more than 200 feet and not exceed 200 square feet for the first dock plus 50 square feet for each additional dock. If adequate water depth is not found within 200 feet of the shoreline, alternative docking/boat storage options shall be explored.
(d) 
No new commercial boat storage (including dry storage) shall be allowed in Near Shore Areas.
(2) 
Standards for moorings.
(a) 
No mooring shall be placed so that the swing of the boat attached to the mooring drifts within 10 feet of the extension of the property line.
(b) 
A mooring shall be placed in water that is at least eight feet and no more than 30 feet deep throughout the boating season.
(c) 
A mooring buoy shall be white with a blue stripe large enough to display the permit number issued by the Town but no more than 32 inches in diameter.
(d) 
A mooring may not be placed further than 100 feet from the shoreline unless it is located in a Special Anchorage Area designated on the Water Surface Use Map and approved by the authorized Town official.
(e) 
A mooring shall not be placed any closer than 50 feet to a dock or float.
(f) 
A mooring shall be anchored with an appropriate device as approved by the authorized Town official.
(3) 
Dry storage facilities. Dry storage structures shall not be permitted in Near Shore Areas.
C. 
Harbor areas. Harbor areas are established within the Irondequoit Bay to provide public access, safe refuge, transient berthing and commercial marina activities. Harbor areas meet three primary locational criteria including water depth, Waterfront Development District zoning and landside support (at least 0.8 parking spaces per wet or dry berth).
(1) 
Standards for public and private docks. In cases where environmental constraints exist or landside support is inadequate, alternative options for riparian access should be explored. This may include shared docking facilities, dry storage facilities or mooring offshore with minimal shoreline development.
(2) 
Standards for moorings.
(a) 
No mooring shall be placed so that the swing of the boat attached to the mooring drifts within 10 feet of the property line, as extended at a ninety-degree angle to the shoreline.
(b) 
A mooring shall be placed in water that is at least eight feet and no more than 30 feet deep throughout the boating season.
(c) 
A mooring buoy shall be white with a blue stripe large enough to display the permit number issued by the Town but no more than 32 inches in diameter.
(d) 
A mooring may not be placed further than 100 feet from the shoreline unless it is located in a Special Anchorage Area as designated on the Water Surface Use Map and approved by the authorized Town official.
(e) 
A mooring shall not be placed any closer than 50 feet to a dock or float.
(f) 
A mooring shall be anchored with an appropriate, retrievable device, as approved by the authorized Town official.
(3) 
Standards for dry storage facilities.
(a) 
Dry storage structures may be permitted in the harbor areas where wet storage facilities are inappropriate or where such facilities would cause significant impact upon natural resources.
(b) 
Dry storage structures may be combined with wet storage facilities.
(c) 
Dry storage structures must be designed to be compatible with and not a visual nuisance to the surroundings or adversely affect access to property or views from adjoining parcels. Location and design of all dry storage structures shall be subject to site plan approval by the Planning Board.
A. 
General provisions for public docks and moorings.
(1) 
The Town Board may establish by resolution, rules and regulations for the operation of the docks, moorings and marine facilities under its jurisdiction. Such rules shall be posted at the Town Hall and at the Town docks.
(2) 
The Town Board may, from time to time, establish by resolution, administrative fees for the transient and seasonal use of Town facilities.
(3) 
Applicants utilizing Town facilities shall hold the Town harmless from any and all liability, including counsel fees, costs and disbursements resulting from operation or dockage of the vessel or the use of the Town facilities by the vessel, owner or crew.
(4) 
All fastenings to any docks and moorings of the Town shall be done in a seaman-like manner, as determined by and subject to periodic inspection by the Town.
(5) 
No commercial, ancillary activities or services shall be allowed on public docks without issuance of a special use permit by the Town of Irondequoit.
B. 
Public docks.
(1) 
The authorized Town official shall designate and assign available transient berthing space for vessels at the public docks upon payment of the required fee. Space shall not be occupied without paying the required fee.
(2) 
The authorized Town official may also assign seasonal, temporary or interim accommodations for the docking of visiting commercial vessels at these docks upon payment of the required fee. Applications for such accommodation shall be made in writing to the authorized Town official.
(3) 
The authorized Town official shall post all docking regulations and safety procedures and other appropriate information to assure safe use of the Bay.
(4) 
All vessels shall be berthed under the supervision and direction of the authorized Town official. Failure by a captain to act in response to directives of the authorized Town official shall result in the loss of privileges without reimbursement of fees and other penalties as may apply.
(5) 
Except in the case of emergency or as otherwise approved by the Town, maximum stay at the docks shall be limited to 72 hours for recreational pleasure craft. In cases where vessels must overstay this limit because of unsafe or disabling conditions, the vessel owner must promptly notify the authorized Town official. The authorized Town official may then waive the limit and impose additional fees as may be reasonable given the circumstances.
(6) 
All vessels must be operated and secured in a safe and protective manner. The Town assumes no liability for damage to craft or injury that may result from dockage at public docks.
(7) 
No rafting is permitted at public docks unless expressly allowed by the authorized Town official.
C. 
Public moorings.
(1) 
Use and assignment of moorings shall be supervised by the authorized Town official. Seasonal moorings shall be occupied only upon the submission and approval of an application and the issuance of a permit.
(2) 
Mooring application forms shall be available through the office of the Town Clerk. Annual applications may be submitted no earlier than January 1 of each year with the appropriate fee, established by the Town Board.
(3) 
When an applicant has been approved for a mooring, the authorized Town official shall assign a mooring and mooring registration number. A seasonal mooring permit shall be valid for only the stated vessel at a designated mooring, from the date of issue to December 31 of that year.
(4) 
The mooring float shall be marked by the Town with the mooring registration numbers in black lettering four inches high, minimum.
(5) 
Relocating moorings shall be prohibited without prior approval of the authorized Town official
(6) 
A permit holder shall be deemed to have forfeited the registered mooring by refusing the grant of a mooring permit when offered, or not occupying the mooring by the permitted vessel for a period of one month from the grant date unless approval has otherwise been granted by the authorized Town official.
(7) 
Only one mooring per person shall be permitted, and the permit for said mooring shall be nontransferable.
(8) 
If a permit holder is temporarily without a vessel, the permit holder may apply to the authorized Town official to retain that mooring permit for a designated period of time.
(9) 
If mooring space is not available, the applicant's name will be added to a waiting list upon request. The list shall be maintained in the office of the Town Clerk and made available upon request. It shall contain the names of persons who applied for a mooring, the date of application, the area in which such space is desired, and the size of the vessel. The waiting list shall be maintained in the order of the date of application (month, day, year). To maintain a place on the waiting list, applicants must reapply on an annual basis.
(10) 
All moorings in the mooring field shall be available to transient vessels. Transient mooring floats will be distinctly marked. No transient mooring shall be occupied for a period longer than 48 hours, unless expressly allowed by the authorized Town official.
(11) 
Overnight transient moorings, beginning at 12:00 p.m. each day, shall be available from the authorized Town official after payment of the appropriate fee.
D. 
Private docks.
(1) 
All docks are considered accessory structures and uses, and there must be a principal use on the site to accommodate them.
(2) 
No building permit for a private dock shall be issued unless a NYSDEC Article 15 and/or 24 Permit and an Article 404 Permit from USACE has been issued.
(3) 
Review of permit applications for all docks shall take into account the specific areas, as identified on the Water Surface Use Map, in which they are being installed, proximity to adjacent property lines, impact on unique environmental features, depth of water and landside support.
(4) 
Dredging for dock installation and subsequent maintenance dredging is discouraged in all cases; however, dredging may be permitted in the harbor areas or where a preexisting, nonconforming condition occurs, as identified in the Harbor Management Plan.
(5) 
The authorized Town official will inspect the dock upon its completion to ensure safety standards and compliance with all permit conditions.
(6) 
No dock shall be used for commercial purposes unless approved by the town as a marina activity. Leasing or rental of private residential docks is prohibited.
(7) 
The authorized Town official shall keep an updated inventory of all docks.
E. 
Private moorings.
(1) 
All private moorings outside of the harbor area shall be accessory to the principal land use.
(2) 
A private mooring shall not be installed into the waters of Irondequoit Bay unless a Town permit and applicable NYSDEC and USACE permits have been issued.
(3) 
Issuance of permits for all moorings shall take into account safety, day and night navigation, water depth, bottom conditions, tackle, access and compliance and consistency with the Irondequoit Bay Harbor Management Plan. No moored vessel shall be situated in a manner which may interfere with the full use of channels and open water; nor shall any vessel be moored or anchored within a minimum of 50 feet of any dock, pier or other vessel docking or launching facilities.
(4) 
All moorings must have the tackle and anchor inspected by the authorized Town official prior to their setting.
(5) 
Every permittee shall be required to maintain the mooring in a safe condition. Any chain, shackle, swivel or other tackle which has become warped or worn by 1/3 of its normal diameter shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit and shall be deemed a violation of this chapter. The authorized Town official may inspect moorings at any time to determine compliance with this section.
(6) 
All moorings shall be inspected every three years by a qualified third-party inspector. Said inspector shall certify that the mooring is properly installed subject to the requirements of the United States Coast Guard.
(7) 
All costs of any mooring inspection required under the provisions of this chapter shall be borne by the mooring owner.
(8) 
The authorized Town official shall keep a detailed record of all private moorings. This record shall include the mooring location and number, information from the mooring permit application, date the mooring was set, and any other information deemed necessary by the Harbor Management Committee, and the location of docks, floats and moorings plotted on a map showing the location of all moorings within the Bay.
(9) 
Leasing or rental of private moorings shall be prohibited.
(10) 
The authorized Town official shall have authority for reasons of safety to direct and order that the location, position or tackle of moorings be changed or use suspended, in periods of storm conditions. The authorized Town official shall give notice to the owner or operator of the vessel using such mooring, and compliance shall be required immediately in such circumstances. Failure to comply with such direction or order of the authorized Town official by any person shall be a violation of this chapter, subject to the appropriate penalty.
(11) 
The owner of a mooring shall be responsible for winterizing the mooring to ensure that it is not damaged or moved by ice or other weather-related events.
F. 
Floats/rafts.
(1) 
No new floats or rafts shall be allowed on the waters of Irondequoit Bay.
(2) 
Preexisting nonconforming floats and rafts that were compliant at the time of installation may be replaced as needed.