[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be administered and enforced
by the Commissioner of Public Works or his/her division head, agent
or designee in accordance herewith.
No dock, berthing or mooring shall be erected,
located, moved or structurally altered until a permit for such dock
installation, location or alteration shall have been issued by the
Town of Webster in accordance with the provisions hereof. Prior to
the issuance of a dock permit, a dock plan shall be submitted to the
Planning Board for its review pursuant to this article.
[Amended 5-16-1996]
The Planning Board of the Town of Webster shall possess dock plan review authority. The Planning Board, in accordance with the provisions of § 274-a of the New York State Town Law and § 46-a of the New York State Navigation Law, shall have the authority to review and approve dock plans accessory or incidental to or included with the following uses, as defined in Chapter
350 of the Town Code, of the adjacent littoral parcel prior to the issuance of any dock building permits:
A. A single-family
detached dwelling, multiple-family dwelling or townhouse dwelling.
B. Public parks,
playgrounds or similar public, recreational uses authorized or operated
by a public agency and not operated for profit.
C. Parks, playgrounds
or other similar private recreational uses authorized or operated
by a homeowners' association comprised of owners of single-family
detached dwellings, multiple-family dwellings or townhouse dwellings
and not operated for profit.
D. Municipally owned
and/or operated buildings or structures and other governmental uses
and activities.
E. Private clubs
or camps, private membership clubs, lodges or fraternal organizations,
neighborhood or community centers, or other similar uses.
F. Restaurants,
yacht clubs, hotels, stores, shops or other similar uses.
G. Marinas, docking
basins, boat launching ramps, mooring facilities, boat service, repair
or storage facilities.
H. Public utility
buildings or structures.
I. Combinations
of permitted principal uses.
J. Other uses not
enumerated above upon a finding of the Planning Board that review
of such dock plan will further the enunciated purposes of this chapter.
K. In the case of
a dock plan accessory or incidental to or included with development
of four or fewer dwelling units, the Planning Board of the Town of
Webster, upon preapplication sketch plan conference, may direct that
the application proceed under the direction of the Department of Public
Works for development consistent with the provisions of this chapter.
The Board may take any one of the following
actions on an application of preliminary or final dock plan review:
A. Approval. The
application is given approval as presented.
B. Approval with
modifications or conditions. The application is given approval subject
to certain modifications being made in the plan that will be shown
on the dock plan or conditions in the resolution of approval.
C. Disapproval.
The application is denied based upon reasons stated in the decision.
The failure to receive approval upon a motion for approval or approval
with modifications or conditions shall constitute disapproval of the
application. The Planning Board may reconsider an application if substantial
changes are made in the site plan. A new application fee for the Planning
Board is required and the additional public hearing is required if
and when the new plans are submitted.
D. Reserved decision.
Further action on an application for dock plan approval is postponed
pending receipt of additional information or data.
E. Tabled. The preliminary
site plan hearing is postponed pending receipt of additional information,
appearance of applicant or a representative, etc.
Dimensional standards for residential uses shall
be as follows:
A. No dock associated
with lots used for single-family detached dwellings, multiple dwellings
or townhouse buildings shall be constructed so as to extend offshore
for more than 200 feet from the mean low water line.
B. In case of littoral
parcels bounding a shoreline which is substantially parallel to the
center line of the bay, docks shall be located in the area fixed by
projection of the property lines bayward at right angles from the
center line of the bay. This projection as it intersects with the
two-hundred-foot boundary on the bayward side and the mean low water
line shall be known as the "dockage envelope." In the case of littoral
parcels bounding areas of the shoreline which are not substantially
parallel to the center line of the bay, said areas being designated
upon a map of the Irondequoit Bay waters, duly filed with the Town
Clerk of the Town of Webster, docks shall be located as stated below:
(1) In the case
of littoral parcels bounding the northern cove and Devil's Cove, as
designated on said map, docks shall be located in areas fixed by the
projection of the property line bayward at right angles from the center
line of the cove. This projection as it intersects with the two-hundred-foot
boundary or the center line of the cove, whichever is less, on the
bayward side and the mean low water line shall be known as the "dockage
envelope." In the case where the line intersects the center line of
the cove, a lane of navigability must be maintained.
(2) In the case
of all other littoral parcels bounding areas of the shoreline not
substantially parallel to the center line of the bay, as designated
on said map, docks shall be located in an areas fixed by the projection
of the property line bayward toward a point that bisects a line drawn
across the mouth of the cove. This projection as it intersects with
the two-hundred-foot boundary or the center point of the line drawn
across the mouth of the cove, whichever is less, on the bayward side
and the mean low water line shall be known as the "dockage envelope."
In the case where the envelopes intersect, a lane of navigability
must be maintained.
C. The surface width
of any dock or berthing shall not be greater than eight feet nor less
than two feet.
D. The number and
length of docks permitted per each littoral lot used for single-family
detached dwellings, or multiple-family dwellings or townhouse units,
shall not exceed that necessary to provide one boat slip per dwelling
unit and only as is reasonably necessary to provide access to navigable
water.
E. The number and
length of docks, berthings or moorings within each dockage envelope
shall be fixed by the Planning Board with due regard given to the
following factors:
(1) Environmental
features of the adjacent littoral parcel.
(2) The effect
upon existing uses of neighboring littoral parcels.
(3) The navigability
of the area encompassed by and adjacent to the dockage envelope and
water depth in the dockage envelope.
(4) The type
and size of the vessels expected to be berthed thereon.
(5) The level
of development existing or proposed on the adjacent littoral parcel.
(6) The extent
of available support, service and parking facilities located on the
adjacent littoral parcel necessary for utilization of the proposed
dockage.
F. Every dock, berthing
or mooring that is constructed shall have a minimum setback of 10
feet from the dockage envelope side lines, as extended from the shoreline,
to allow adequate vessel access to neighboring waterfront parcels.
G. Boat hoists shall
not exceed 18 feet in height measured from the water level to the
highest point of the structure. Hoists shall be designed and constructed
solely for the storage of boats and related equipment and shall be
seasonal only.
Dimensional standards for marinas, yacht clubs,
etc. shall be as follows:
A. No dock shall
be constructed so as to extend offshore for more than 200 feet from
the mean low water line.
B. In case of littoral
parcels bounding a shoreline which is substantially parallel to the
center line of the bay, docks shall be located in the area fixed by
projection of the property lines bayward at right angles from the
center line of the bay. This projection as it intersects with the
two-hundred-foot boundary on the bayward side and the mean low water
line shall be known as the "dockage envelope." In the case of littoral
parcels bounding areas of the shoreline which are not substantially
parallel to the center line of the bay, said areas being designated
upon a map of the Irondequoit Bay waters, duly filed with the Town
Clerk of the Town of Webster, docks shall be located as stated below:
(1) In the case
of littoral parcels bounding the northern cove and Devil's Cove, as
designated on said map, docks shall be located in areas fixed by the
projection of the property line bayward at right angles from the center
line of the cove. This projection as it intersects with the two-hundred-foot
boundary or the center line of the cove, whichever is less, on the
bayward side and the mean low water line shall be known as the "dockage
envelope." In the case where the line intersects the center line of
the cove, a lane of navigability must be maintained.
(2) In the case
of all other littoral parcels bounding areas of the shoreline not
substantially parallel to the center line of the bay, as designated
on said map, docks shall be located in areas fixed by the projection
of the property line bayward toward a point that bisects a line drawn
across the mouth of the cove. This projection, as it intersects with
the two-hundred-foot boundary or the center point of the line drawn
across the mouth of the cove, whichever is less, on the bayward side
and the mean low water line, shall be known as the "dockage envelope."
In the case where the envelopes intersect, a lane of navigability
must be maintained.
C. The surface width
of any dock or berthing shall not be greater than eight feet nor less
than two feet.
D. Every dock, berthing
or mooring that is constructed shall have a minimum setback of 10
feet from the dockage envelope side lines, as extended from the shoreline,
to allow adequate vessel access to neighboring waterfront parcels.
E. The number and
length of docks, berthings or moorings within each dockage envelope
shall be fixed by the Planning Board with due regard given to the
following factors:
(1) Environmental
features of the adjacent littoral parcel.
(2) The effect
upon existing uses of neighboring littoral parcels.
(3) The navigability
of the area encompassed by and adjacent to the dockage envelope and
the water depth in the dockage envelope.
(4) The type
and size of the vessels expected to be berthed thereon.
(5) The level
of development existing or proposed on the adjacent littoral parcel.
(6) The extent
of available support, service and parking facilities located on the
adjacent littoral parcel necessary for utilization of the proposed
dockage.
F. Boat hoists shall
not exceed 18 feet in height measured from the water level to the
highest point of the structure. Hoists shall be designed and constructed
solely for the storage of boats and related equipment and shall be
seasonal only. Boathouses or other permanent on-water storage facilities
shall not be permitted.
G. To minimize coverage
of the bay waters by dockage and mooring, development of dry-storage
marinas shall be encouraged.
H. Marina dockage
shall be designed to minimize adverse impacts upon navigation, maximize
public use of bay waters and protect sensitive environmental features
of the bay.
Performance standards for all dockage shall
be as follows:
A. The amount of
grading, dredging, earthmoving and disturbance of land above and below
water during the construction of such structures and facilities shall
be minimized as much as possible and shall be consistent with the
permit requirements of the New York State Department of Environmental
Conservation.
B. All docks and
berthings shall be constructed of sturdy, durable and stable material
capable of maintaining position and location, supporting pedestrian
traffic and resisting lateral loads.
C. Lighting of the
surface of any dock or mooring shall be provided in such a manner
so as not to produce any offensive glare when viewed from the water
or the land. Back-lighting of structures or directing light toward
the shore should be used.
D. Docks that are
100 feet or longer shall, during the hours of darkness, be required
to be lighted in such a manner so as to not constitute a hazard to
navigation.
E. Aeration devices
or bubblers shall be required to be lighted or designated in a manner
so as not to constitute a hazard to those utilizing and bay waters
when frozen over.
F. No dock, berthing
or mooring shall be constructed unless designed to withstand forces
of lowing water and wave washes.
G. Moorings shall
be located or constructed so as not to cause any vessel or floating
craft affixed thereto to be situated outside of the dockage envelope
of the adjacent littoral parcel.
H. Treated lumber,
when used for the construction of docks, shall be of the sealed, nonleaching
type.
I. Docks shall be
constructed so as only to permit them to be readily removed from their
pilings.
J. No owners of
the adjacent littoral parcel shall fail to completely remove any dock
components which are abandoned or fall into disuse.
K. Moorings shall
be permitted to the owner of an adjoining littoral parcel only in
the dockage envelope applicable to said adjoining littoral parcel.
Should an applicant seek relief from the application
of any of the provisions of this article, or variance therefrom, the
Planning Board shall issue a recommendation of approval, disapproval
or no opinion to the Town Board of Town of Webster regarding the application,
basing the recommendation on its customary planning concerns and consideration,
which such recommendation shall be advisory only.