No person shall undertake the construction or reconstruction or replacement or repair of any dock or catwalk within 1,500 feet from the shoreline of the Village without first obtaining a special use permit from the Board of Trustees. Upon issuance of the special use permit from the Board of Trustees, the applicant must apply for a nonrenewable building permit within 90 days, and such nonrenewable building permit shall expire one year from the date of issuance.
[HISTORY: Adopted by the Board of Trustees of the Village of North Haven 4-5-2016 by L.L. No. 1-2016;[1] amended in its entirety 10-16-2024 by L.L. No. 4-2024. Subsequent amendments noted where applicable.]
[1]
Editor’s Note: This local law also superseded former Ch. 56, Docks, adopted 12-3-2013 by L.L. No. 5-2013, as amended.
[Amended 12-16-2025 by L.L. No. 14-2025; 6-11-2026 by L.L. No. 6-2026]
For every special use permit, the Board of Trustees shall find and determine:
A.
Water depth.
(1)
Docks, including floats or fixed structures, are only permitted in waters that maintain a minimum depth of 2.5 feet at mean low water, which is the average of the low water height of each tidal day (MLW) as determined by a New York State licensed surveyor. A special use permit shall only be issued if floats or fixed structures where boats will be located shall maintain a minimum depth of 2.5 feet at mean low water (MLW) as determined by a New York licensed surveyor. An applicant must also establish adequate depth of water to enable vessels to access the dock from the seaward side of the dock without causing damage to the sea bottom.
(2)
A special use permit will not be issued if there is not enough adequate depth in the surrounding waters of the proposed dock to safely operate a vessel.
B.
Length. Newly constructed docks and piers including floats shall not exceed a length of 100 feet from MLW. Reconstructed or replacement docks shall not exceed the length of the preexisting lawfully constructed dock.
C.
Preexisting docks. No preexisting dock shall be reconstructed or replaced unless it is functional. A dock shall not be deemed functional if, by reason of any cause, its structural integrity is compromised or if it is missing greater than 50% of its footprint.
D.
Width. Docks and piers shall not exceed four feet in width.
E.
Height. The vertical distance separating the decking of a fixed elevated walkway to both the upland grade and the high water elevation shall be at least four feet. The Board of Trustees may permit fixed elevated walkways twenty-six inches above upland grade or high water elevation on a case by case basis, provided the open grate decking is a minimum 60% open space and the Board finds the proposed structure will not interfere with passage of non-motorized personal watercraft along the shoreline.
F.
Projection of posts and pilings.
(1)
Low-profile construction will be utilized; post and pilings will not project above the deck until the end of the dock, where the posts and pilings shall not project any higher than 34 inches above the deck of any deck or floating platform.
(2)
Mooring pilings are to be no more than 10 inches in diameter.
H.
Grating. All docks shall utilize open grate decking allowing at least 50% open space, and any such open grate decking shall maintain a minimum separation of four feet above grade, except that decking allowing at least 60% open space shall be required when the decking is less than four feet above grade or highwater elevation, as determined by the Board of Trustees.
I.
Piles. Piles shall be between four inches and 10 inches in diameter, and the use of a hydraulic jet to enable placement is prohibited.
J.
Batter boards. Batter boards are prohibited between piles.
K.
Treated wood. Treated wood shall not be used in the construction or reconstruction or replacement or repair of any dock.
L.
Public access. No dock, whether new or a replacement or reconstruction, shall impede public access along the foreshore. Docks bisecting a beach shall be permitted only if it is not possible to maintain a distance of at least five feet between the landwardmost part of the dock and any bulkhead or bank, it being intended that public access be accommodated along the foreshore, and, in the event stairs shall be approved, appropriate signs shall be maintained thereon announcing the authority of the public to pass and repass over said stairs and dock incident to traversing the foreshore.
M.
Boat lifts. Boat lifts, vessel lifts, vessel hoists and boat hoists shall be prohibited.
N.
Preservation of shoreline. No dock, float, or fixed structure shall be constructed if the Board of Trustees determines either:
O.
Structures on decking. No permanent structures shall be constructed on decking.
[Amended 12-16-2025 by L.L. No. 14-2025; 6-11-2026 by L.L. No. 6-2026]
For every special use permit, the Board of Trustees shall find and determine:
A.
Location. Docks shall be located as close to the center of the applicant owner's upland property as is possible and shall be prohibited if within 40 feet from the adjacent property line extended into the water on the same axis as the property line runs onshore where it meets the water, or at a right angle to the mean high water mark, whichever results in the greater setback.
B.
Lights. Docks shall not be improved with lights except as required by any regulatory authority exercising jurisdiction over said dock and in all events except as approved by the Board of Trustees incident to an evaluation of public safety.
C.
Accessory use. Any dock shall be prohibited unless said dock is located in waters contiguous with an upland parcel owned by the applicant and improved with a residence, and docks seaward of unimproved parcels or parcels other than residence parcels are prohibited.
D.
Variance. Any deviation from any of the specific or general standards herein shall be prohibited. The following specific and/or general standard sections shall require an area variance from the Zoning Board of Appeals: § 56-2A, B, C, D, E, F, G, H, I, L, N; § 56-3A, F, G. The following specific and/or general standard sections shall require a use variance from the Zoning Board of Appeals: § 56-2J, K, M, O; § 56-3B, C, E and H.
E.
Community and/or commercial docks. Docks accommodating more than one property owner and docks operated other than as a feature of a single-family residence are prohibited.
F.
Suitable location. No dock shall be located along the shoreline of the Village unless the Board of Trustees affirmatively finds and determines that the location is suitable in all relevant respects, sufficient in offshore and foreshore area, separated adequately from adjacent and nearby uses, including other docks, fairways, mooring sites, and channels, and not at risk of present or eventual danger to the person or property of others, and does not negatively impact the adjacent properties or hinder the preservation of the aesthetic values of the natural shoreline.
G.
If eelgrass and/or shellfish resources are found and/or if the Village believes such resources exist in the proximity of any proposed dock structure, the Village, in the exercise of its discretion, may request that the applicant conduct an eelgrass and/or shellfish survey. If such surveys are requested, and it is determined that significant resources are present, then the proposed location of the dock shall be repositioned to maintain no less than 10 feet of separation from the inventoried resource. In the event an eelgrass and/or shellfish survey is required, it shall be conducted pursuant to guidelines available from the Village Clerk.
H.
In no event shall any single upland parcel maintain more than one dock.
[Amended 6-11-2026 by L.L. No. 6-2026]
For every special use permit, the Board of Trustees shall find and determine:
A.
Catwalks shall be permitted to allow access over a marsh and shall terminate no more than four feet seaward of the shoreline.
B.
Catwalks shall be designed and used for pedestrian access to a waterbody and shall not be used for any type of vessels or watercraft other than kayaks, canoes and paddleboards.
C.
Width. Catwalks shall not exceed four feet in width, inclusive of any supporting pilings or posts.
D.
Height. The vertical distance separating the decking of a catwalk from grade or from the mean high water line shall not exceed three feet.
E.
Projection of posts and pilings. Low-profile construction shall be utilized so that no posts or pilings shall project above the decking. The Board of Trustees may permit certain posts or pilings to extend not more than 34 inches above the decking in the event the Board determines a safety railing or a ladder is deemed to be required.
F.
No floats or catwalk extensions are allowed to be constructed parallel to the shoreline.
G.
Grating. All catwalks shall utilize grate decking allowing at least 50% open space, and any such open grate decking.
H.
Piles. Piles shall not exceed four inches in diameter. The use of a hydraulic jet to enable placement is prohibited.
I.
Batter boards shall be prohibited on any catwalk.
J.
Treated wood. Treated wood shall not be used in the construction or reconstruction or replacement or repair of any catwalk.
K.
Boat lifts. Boat lifts, vessel lifts, vessel hoists and boat hoists shall be prohibited.
L.
Preservation of shoreline. No catwalk or fixed structure shall be constructed if the Board of Trustees determines either:
M.
Location. Catwalks shall be located as close to the center of the applicant owner's upland property as is possible.
N.
Lights. Catwalks shall not be improved with lights.
O.
Accessory use. Any catwalk shall be prohibited unless said catwalk is located contiguous with an upland parcel owned by the applicant and improved with a residence.
P.
Variance. Any deviation from any standard set forth in § 56-4 shall require a variance from the Zoning Board of Appeals. The following subsections of § 56-4 shall require an area variance: § 56-4A, B, C, D, E, F, G, H, L, M, Q, R, S. The following subsections of § 56-4 shall require a use variance: § 56-4I, J, K, N, O, Q, T.
Q.
Community and/or commercial catwalks. Catwalks accommodating more than one property owner and catwalks operated other than as a feature of a single-family residence are prohibited.
R.
Suitable location. No catwalk shall be located along the shoreline of the Village unless the Board of Trustees affirmatively finds and determines that the location is suitable in all relevant respects, sufficient in foreshore area, separated adequately from adjacent and nearby uses, including other catwalks, docks, elevated walkways, stairways and not at risk of present or eventual danger to the person or property of others, and does not negatively impact the adjacent properties or hinder the preservation of the aesthetic values of the natural shoreline.
S.
If eelgrass and/or shellfish resources are found and/or if the Village believes such resources exist in the proximity of any proposed catwalk structure, the Village, in the exercise of its discretion, may request that the applicant conduct an eelgrass and/or shellfish survey. If such surveys are requested, and it is determined that significant resources are present, then the proposed location of the catwalk shall be repositioned to maintain no less than 10 feet of separation from the inventoried resource. In the event an eelgrass and/or shellfish survey is required, it shall be conducted pursuant to guidelines available from the Village Clerk.
T.
In no event shall any single upland parcel maintain more than one catwalk.
A.
Fees. The Board of Trustees, in reviewing any application under this chapter, may refer the application to an environmental consultant or coastal engineer or scientist or land surveyor, or other professional consultants, to enable an appropriate evaluation of the application. All charges and fees for such services shall be payable by the applicant.
B.
Deposits. At the direction of the Board of Trustees, the Village Clerk shall send the application to the professional consultant(s) as required and solicit an estimate of the anticipated fees and shall then advise the applicant to deposit said sum with the Village. Said deposit shall be maintained as a trust and agency account and drawn down periodically as required to pay the consultant(s) for services rendered. The Village Clerk shall periodically account to the applicant with respect to the funds drawn down and, at the direction of the Board of Trustees, shall solicit the applicant's replenishment of the trust and agency account as need requires.
C.
Condition to permit. No permit shall be approved or issued under this chapter unless all professional fees and publication fees required to be paid under this chapter have been paid.
D.
Refunds. Any fees prepaid and unexpended shall be refunded.
A.
Application forms. Applications under this chapter shall be made on forms provided by the Village, accompanied by an application fee as determined from time to time by resolution of the Board of Trustees and supplemented upon direction of the Board of Trustees by a deposit on account of consultant fees as provided in § 56-5 above.
B.
Other agency approvals. Applications under this chapter shall be accompanied by the approval documents required from any other regulatory agency with jurisdiction.
C.
Public hearing and notice. Applications under this chapter shall require a public hearing. At the expense of the applicant and upon a finding and determination by the Board of Trustees that the application is complete, the Board of Trustees shall cause a notice of the time, date, place and nature of said hearing to be published in the official newspaper of the Village at least 10 days prior to any such hearing. The applicant shall send a copy of its complete application to the owners of record of each property touching or abutting the applicant's upland property, including the owners, if any, of any underwater land other than the State of New York. Such notice by the applicant shall be made by certified mail, return receipt requested, at least 10 days prior to the date of the public hearing, and an affidavit stating compliance, together with the postal receipts, shall be filed with the Village Clerk at least five days prior to any public hearing date.
D.
Referral. If circumstances require, the Village shall comply with New York General Municipal Law § 239-m.
E.
Continuing jurisdiction. The Board of Trustees shall maintain continuing jurisdiction over any application under this chapter.
Where any provision of this chapter provides for continuing jurisdiction of the Board of Trustees, said Board shall retain the right to modify, suspend or revoke the approval it has given, or any term or condition thereof, or to impose thereon one or more new conditions, all on the following grounds:
A.
False statements: false statements, misrepresentation or mistake of material fact in the application, supporting papers or supporting testimony.
B.
Noncompliance with permit: failure of the applicant permittee to comply with any conditions or terms of the approval.
C.
Noncompliance with time constraints for construction: failure of the applicant permittee to complete construction within one year of obtaining a building permit issued in connection with the special use permit.
D.
Activity beyond permit: exceeding the scope of the activity, use or project as the same was described in the application.
E.
Violation of other local rules: willful or continuing noncompliance by the applicant with any provision of the Village Code, or local agency regulations adopted thereunder, directly related to the approved activity, use or project.
F.
Construction: Nothing in this section shall be construed as limiting the authority of the Building Inspector, or other local official with authority, to enforce any provision of this chapter at any time.
G.
Penalties. Any violation of this chapter or any part thereof shall be punishable by a fine not to exceed $250 for each offense. Each day that a violation continues shall be deemed to be a separate offense.