This chapter shall be known as the "Town of Shelter Island Dock Local Law."
A.
This chapter shall regulate the use of Town-owned docks, piers, wharves and bulkheads; the size and placement of commercial and private docks; the size and placement of other water related structures including but not limited to groins and jetties; and the removal of materials from lands under water by dredging and other means.
B.
This chapter shall apply to all dock applications, other than those for which an application to the New York State Department of Environmental Conservation was submitted prior to February 13, 2024 which shall be subject to the regulations, and reviewed under the standards, set forth in Chapter 53, entitled "Docks," as of that date.
As used in this chapter, the following terms shall have the meanings indicated:
Any floating object capable of being used as a means of transportation in water.
A commercial facility for maintenance, construction and/or repair of any type of watercraft with or without provision of supplies, storage, fueling or the retail sale of boats, motors and marine equipment.
Water areas specifically reserved for unobstructed movement of vessels which may be marked by navigational aids permitted by the United States Coast Guard and/or the State of New York and/or the Town of Shelter Island.
A dock utilized for commercial purposes. Under this chapter, such dock shall be located in "B" Zoned property with title held by an existing commercial boatyard or marina and used and operated exclusively by a boatyard or marina.
A boat or vessel used primarily to generate income, or for which a New York State or United States Coast Guard registration, license or permit to operate as a commercial/passenger vessel is required.
Any structure whether floating and/or fixed designed to accommodate a boat, such structure being attached at least on one end to the upland and elsewhere to the underwater lands below the mean high water mark, and including accessories to said structure, such as floats, dolphins, pilings, splashboards, anchors and anchor lines, ladders, lifts, hoists, ramps, boardwalks and other means of access. A permit for a dock shall run with ownership of the land and the tax lot number assigned to the upland shall be recorded in the application and permit.
The duly appointed Building Inspector, harbor master or other qualified, authorized individual of the Town of Shelter Island.
Excavation of material from underwater lands.
A body, created by law, including but not limited to a corporation, company, limited liability company (LLC), partnership, trust, association, enterprise, or organization, the beneficial owner(s) of which must be identified in any application submitted to the Town of Shelter Island under this chapter.
The passageway around the perimeter of Shelter Island between the mean high and mean low water marks.
Exclusive of outside shoreline, all bays, creeks, harbors and the tributaries of the following bodies of water: Coecles Harbor including Congdon Creek, Foxen Creek and Cedar Island Cove; Bass Creek, Cabin Creek, Nicholl's Creek, Smith Cove Basin, Mabel's Creek, West Neck Harbor beginning at the base of Heron Lane (41.04762°N 72.33091°W) and including Dickerson Creek, Menantic Creek, West Neck Creek, West Neck Harbor, Silver Beach Lagoon and ending at Shell Beach Point (41.04707°N 72.33887°W); Crab Creek, and Dering Harbor beginning at Chequit Point (41.08792°N 72.35361°W) including Gardiners Creek and Chase Creek and ending at Dering Point (41.09489°N 72.34787°W).
A commercial waterfront facility having the primary function of providing rental space for berthing vessels, with or without provision for sales of food and beverages, general supplies, fuel, boats and equipment, vessel repairs and maintenance, and the rental of commercial moorings.
For each location, the average of all of the high water heights observed over the most recent National Tidal Datum Epoch (NTDE) by using the most geographically relevant and most recent NOAA data.
For each location, the average of all of the low water heights observed over the most recent National Tidal Datum Epoch (NTDE) by using the most geographically relevant and most recent NOAA data.
The entire external shoreline of Shelter Island which does not interface with inland waters and does not extend beyond the boundaries established for inland waters.
The person(s) or entity(ies) in whose name the upland to which the dock is connected is/are recorded in the office of the Suffolk County Clerk.
The owner to whom a dock permit has been issued.
A natural person, human being as distinguished from a person such as a corporation or other entity created by operation of law.
A line seaward of mean high water by a distance which is the average length of at least two existing docks located among three contiguous, buildable upland parcels. Where three or more existing docks are located on contiguous upland parcels, the pier line shall be the average length of all such docks. Applicable dock lengths shall be those existing at the time of this provision's adoption and where at least one existing dock is adjacent to applicant's location.
All boats or vessels other than government, commercial and institutional, such as not-for-profit organizations, schools and research facilities.
A dock utilized by the owner or occupant to accommodate pleasure vessels or resident owned commercial fishing vessels and for recreational purposes.
Includes all natural persons who have actually and consistently lived within the Town of Shelter Island for a period of not less than one year immediately preceding their application hereunder, and all persons and entities who have owned real property within the Town of Shelter Island which has been developed or may be developed pursuant to the Town's applicable Code chapters, for a period of not less than one year immediately preceding their application for a permit hereunder.
The right of the owner of upland property fronting on a body of water to reasonable access to and use of such navigable water.
The interface of waterway and upland, at specified location and tidal condition.
A dock or pier owned or managed by the Town.
All waters and land below the mean high water mark over which the Town of Shelter Island has jurisdiction.
Land located above the mean high water mark.
A structure other than a dock, including but not limited to a bulkhead, pile, building, pier, wharf, jetty, groin, dolphin, dike, dam or other structure, any part of which is embedded in or attached to land below water or within the limits of the foreshore.