[Amended 6-9-2025 by L.L. No. 9-2025]
A. 
A permit shall be required for the construction, alteration or modification of a dock, which includes the extension of utilities, such as but not limited to, water, electric, cable and telephone. Additionally, the extension of utilities requires a permit issued by the building department of the Town of Shelter Island. The repair of an existing previously permitted dock shall not require a permit unless less than 50% of the original structure's supporting members, such as pilings and framing, remain in a structurally sound condition, as determined by the Dock Inspector.
B. 
Applications for permits shall may be made by the owner or the agent of the owner utilizing standard forms issued by the Town Clerk's office and shall include the tax lot number assigned to the adjacent upland.
C. 
Each permit application shall include the following:
(1) 
For new construction only:
(a) 
A certified survey of the owner's property on which the proposed dock is to be located, indicating the zoning district and showing property lines, exact location of the proposed dock and other structures, existing in-water structures, any unusual features on the property and adjacent waters and depths to the nearest 1/10 of a foot at five-foot intervals to the end of the dock, measured at mean low water, as determined by a licensed surveyor. In the event the survey provided does not include all in-water structures and unusual features currently existing on the property, then a new survey shall be required.
(b) 
An accurately dimensioned scale drawing of the proposed dock in plan and elevation format showing the structural design details of the dock, including the location and type of services and utilities (including water, electric, cable, internet and telephone) and the property lines extended in to the water the length of the dock with the distance between the end of the dock and the property line identified.
(2) 
For new construction, modifications, alterations and permit required repairs:
(a) 
Specifications for the construction materials to be used.
(b) 
Copies of applications and permits issued by other agencies such as New York State Department of Environmental Conservation and the US Army Corps of Engineers.
(c) 
A statement signed by the owner that the materials and design of the dock will meet all pertinent federal, state, county and Town regulations.
(d) 
A statement signed by the owner that acceptance of a permit shall constitute an agreement that the permittee:
[1] 
Will indemnify and hold the Town of Shelter Island and its authorized representatives harmless from any and all liability or responsibility in connection with any property damage, loss, theft of boat, or boat's contents, or bodily injury that may occur as a result of the issuance of a permit hereunder; and
[2] 
Consents to the entry on the property by the Dock Inspector or other authorized representatives of the Town in order to make such inspections as the Town may deem necessary to ensure compliance with the terms and conditions of the permit.
(e) 
The following proof of insurance in force:
[1] 
From the owner, a certificate of insurance for at least $300,000 liability on the location and operations covered by said permit; and
[2] 
From the contractor performing the operations covered by said permit, an owner's/contractor's policy issued in favor of the Town of Shelter Island for the liability limits of at least $500,000 covering operations of the contractor pursuant to said permit.
(f) 
The requisite fee to be determined by the Town Board.
(g) 
Any other information which the Town Board may deem necessary.
D. 
In addition to the above, it shall be a prerequisite for a complete application that each extreme seaward corner of the footprint of the offshore location of the fixed or floating portion of the proposed dock be clearly delineated with a stake and that additional stakes be placed at the intersection of the mean high water mark with the proposed dock and the upland property boundaries. The location of any dolphin shall also be marked with a stake. The locations to be marked by these stakes shall be specifically labeled and correspond exactly to the configuration of the proposed dock on the scale drawing accompanying the permit application.
E. 
An applicant for new dock construction must be a resident, as defined in this chapter, and be the owner of the subject location for a period of not less than one year immediately preceding their application for a permit hereunder.
F. 
Every applicant shall authorize the Dock Inspector, members of the Waterways Management Advisory Council, members of the Town Board, the Town's Environmental Analyst, and other Town officials and agents to enter onto the subject property.
G. 
Fees, expenses and deposits.
(1) 
Permit fees for the construction, alteration, modification or repair of a dock shall be established by resolution of the Town Board.
(2) 
Expenses. In addition, applicants shall be liable for and shall pay to the Town all of its expenses reasonably and necessarily incurred in connection with the application, including, without limitations, all fees, costs and expenses for engineering, legal, and stenographic services, environmental and other consultant services, and all recording fees that are reasonably and necessarily incurred in connection with the application.
(3) 
Initial deposit, other than one-family and two-family residential premises. The Town Board may from time to time by resolution establish and require deposits to be paid by applicants in connection with applications related to properties that are other than one-family or two-family residential premises to secure the payment of the expenses required to be paid pursuant to this section. The expenses for which the applicant is responsible shall be deducted from the deposit as incurred by the Town.
(4) 
Additional deposit. In the event, from time to time, the amount on deposit with the Town is reduced to 25% of its original amount prior to final determination of the application and receipt by the Town of all invoices for the expenses required to be paid pursuant to this section, the applicant funds as may be required to restore the amount on deposit to 50% of its original amount.
(5) 
Refund of unused deposit. In the event that the amount of the deposit shall exceed the expenses required to be paid pursuant to this section, upon final determination of the application and receipt by the Town of all invoices for such expenses, the unused portion of the deposit shall be returned to the applicant.
A. 
All applications for permits shall be subject to a public hearing, except that applications to repair or replace in kind and in place conforming and nonconforming docks or structures included in this article may be granted or denied by the Town Board without a public hearing. In making its determination, the Town Board shall consider the recommendations of the Waterways Management Advisory Council and a report on the subject dock which shall be issued by the Dock Inspector and the Town's Environmental Analyst, if required by the Town Board.
B. 
The validity of any permit issued shall be conditioned on the issuance of permits from other governmental or municipal authorities, including but not limited to the New York State Department of Environmental Conservation and the US Army Corps of Engineers.
C. 
A permit will expire 24 months from the date of issuance. A permit may be extended by resolution of the Town Board for an additional period of one year without a public hearing, provided that the request for same is submitted no later than the expiration date.
D. 
Acceptance of a permit and certificate of completion shall constitute agreement that it shall be the applicant's and subsequent owner's responsibility to ensure proper usage of the structure at all times, to maintain the structure in conformance with these regulations and in the interests of public safety and protection of the waterways and not to obstruct any rights of the public as may exist to use Town waters and that such responsibilities survive expiration of the permit.
E. 
Acceptance of a permit and certificate of completion shall also constitute an agreement that the owner and the subsequent owner(s) shall indemnify and hold the Town of Shelter Island and its authorized representatives harmless from any and all liability or responsibility in connection with any property damage, loss, theft of boat, or boat's contents, or bodily injury that may occur as a result of the issuance of a permit hereunder.
F. 
No dock construction may be commenced under the permit until the Building Department is notified by the dock contractor of the date construction will commence.
G. 
No certificate of compliance certifying satisfactory completion of a new dock, or other dock improvement designated by the Town Board, shall be issued until a survey showing the as-built location is submitted to the Building Department and determined by that department to be in conformity with the original plans, design and survey.
H. 
A permit and certificate of completion shall convey a nonexclusive right to use public bottom land owned by the Town of Shelter Island upon which any legally permitted dock is located.
I. 
Upon the transfer of any property improved with a dock, either an inspection shall be conducted by the Dock Inspector to ensure that the subject dock is in compliance with previous permits or a written certification from a licensed dock contractor shall be provided confirming same.
J. 
At least 30 days' prior to a public hearing for existing dock alteration, modification or new dock construction, the applicant shall mail notice of the time, date, place and nature of the hearing to the owners of record of every property which abuts and every property which is within 200 feet of the property involved in the application. Such notice shall be made by certified mail and addressed to the owners at the addresses listed for them on the local assessment roll. On or before the commencement of the public hearing, the applicant shall file a radius map and an affidavit with postal receipts annexed thereto confirming mailing of said notices. Failure to submit such an affidavit shall result in the adjournment of the public hearing.
A. 
A dock shall not be designed or constructed so as to be an impediment or a hazard to navigation and shall at all times provide and allow suitable and unobstructed passageway around or over such dock so that the public will have free unobstructed passage along the foreshore of Shelter Island. No more than one private dock shall be attached or connected to any parcel of upland.
B. 
The intersection of a dock with the mean high water mark shall meet the same setback requirements as apply for the principal dwelling on that lot, but in no case less than 25 feet from any adjacent lot. The dock shall extend seaward in a direction and configuration that does not intrude on neighboring lots' equivalent rights to current or future chapter compliant dock locations.
C. 
Length and depth of docks.
(1) 
At mean low water, a private dock may not extend into the waterway farther than the equivalent of 15% of the distance at mean low water from the point on the shoreline where the dock is located to the closest point on the opposite shoreline. Measurements are to be taken at the point where the proposed dock intersects the shoreline and over a 90 degree arc with the proposed dock at the center of the arc. A channel with a minimum width of 40 feet and a minimum depth of 2 1/2 feet at mean low water shall be maintained between the terminus of the proposed dock and any existing dock or future chapter compliant dock located, or potentially located, on the opposite shoreline.
(2) 
A private dock may not:
(a) 
If fixed, terminate at a point where the mean low water depth is less than 2 1/2 feet; if a float is used, no portion of the float shall be in mean low water that is less than 2 1/2 feet deep;
(b) 
Extend either more than 100 feet offshore from the shoreline at the owner's upland property at mean high water or beyond the point where low water depth reaches four feet, whichever of these two conditions occurs sooner.
(3) 
A private dock may not extend in total linear measure of all fixed portions of the dock, walkways, ramps, floats and distance to tie-off pilings or dolphins more than 1 1/2 times the specified maximum allowable off-shore distance of the dock as measured from the shoreline at the owner's upland property at mean high water.
(4) 
Pier line exception. In the event a proposed private dock does not meet the requirements of § 53-8C(2)(a) at a point 100 feet from the shoreline at the applicant's property at mean high water and the pier line adjacent to the applicant's property is greater than 100 feet, then the proposed dock may be extended as far as the pier line in order to meet the required depth of 2 1/2 feet at mean low water.
(5) 
A commercial dock may not:
(a) 
Terminate at a point where mean low water depth is less than 2 1/2 feet;
(b) 
Extend either more than 100 feet offshore from the shoreline of the owner's upland property at mean high water, or beyond the point where the depth at mean low water reaches six feet, whichever of these two alternative conditions occurs sooner.
(6) 
Length exception: along the outside shoreline, at locations not previously developed by a dock, in the event a proposed dock does not reach a depth of four feet at mean low water at a point 100 feet from the shoreline of applicant's property at mean high water, then the dock length may be extended to 125 feet, if such extension increases the depth at mean low water to at least four feet.
D. 
Width of docks.
(1) 
A private dock, exclusive of floats, but including walkways and ramps, shall be no wider than five feet except where any portion of the dock, walkways or ramps pass over rooted vegetation, in which case the width shall be limited to four feet of open grating deck material; the deck area of floats shall be no greater than 200 square feet.
(2) 
A commercial dock, exclusive of floats, but including walkways and ramps, shall be no wider than eight feet; floats shall be no wider than eight feet.
E. 
Any waterway illumination, whether dock-mounted or shore-mounted, shall be focused downward and shall not directly light an area more than 10 feet beyond the foreshore or the footprint of the dock
F. 
Private dock installations to store or convey fuel or sewage are prohibited
G. 
Splashboards are discouraged but may be allowed if after review and consideration of the criteria set forth under § 53-17 of this chapter, the Town Board determines they are suitable.
H. 
Chocking or blocking of floats is prohibited in areas where depth is less than 2 1/2 feet at mean low water.
I. 
Boatlifts at private docks are prohibited.
A. 
The following are exempt from the standards set forth in § 53-8 of this chapter:
(1) 
Any dock in existence prior to the adoption of this chapter that is maintained, repaired, or replaced in kind and in place; or
(2) 
Any alteration-or modification, to a preexisting nonconforming dock which, after review, is determined by the Town Board to materially lessen the preexisting nonconformity; or
(3) 
Any repairs of a private dock, deteriorating, damaged, or destroyed by any cause, including an act of God where, as determined by the Dock Inspector, 50% or more of the original structure's supporting members, such as pilings and framing, remain in a structurally sound condition so long as the repairs are in kind and in place or are determined by the Town Board to materially lessen the preexisting nonconformity; and
B. 
Upon application for the repair, modification or alteration of an existing dock the dock shall be inspected by the Dock Inspector to confirm that the dock is as described in the application.
A. 
No fixed dock, float or ramp, platform or other structure shall be constructed upon any body of fresh water owned by the Town of Shelter Island and no permit shall be issued for any such construction.
B. 
Preexisting nonpermitted and nonconforming structures existing as of June 30, 2020 are exempt from the prohibitions set forth in § 53-10A of the chapter subject to the following:
(1) 
They may be repaired or replaced in kind and in place; or
(2) 
They may be altered, modified, or repaired where after review, it is determined by the Town Board that any changes materially lessen the preexisting nonconformity; or
(3) 
Any structure, deteriorating, damaged, or destroyed by any cause, including an act of God where, as determined by the Dock Inspector, 50% or more of the original structure's supporting members, such as pilings and framing, remain in a structurally sound condition so long as the repairs are in kind and in place or are determined by the Town Board to materially lessen the preexisting nonconformity.
A. 
No person shall live or reside for more than one week on a boat berthed at a private dock, nor shall an owner cause permit or allow overnight occupancy within a vessel berthed at such private dock to another person for money or any other valuable consideration.
B. 
No person shall live or reside on a boat at a commercial dock for any length of time without the expressed permission of the dock or marina owner and comply with all of the marina's policies regarding pump-outs, discharge, and all relevant laws and regulations.
C. 
For any boat equipped with a head docked within the waters of the Town of Shelter Island the operator shall:
(1) 
If equipped with a Y valve, maintain said valve in a closed and secured position and make the equipment available for inspection upon request by the Dock Inspector, bay constable, harbormaster or other authorized individual performing such functions.
(2) 
Maintain a written log indicating dates when the boat's marine waste storage tank was pumped out and make the log available for inspection by the Dock Inspector, bay constable, harbor master or other authorized individual performing such function.