In addition to the requirements of this chapter, any dock and method of access or other water related structure requiring a wetlands permit pursuant to Chapter 129, shall undergo coordinated and concurrent review of the respective applications.
A. 
To prevent obstruction or interference with navigation or in furtherance of the protection and public use of Town Waters and the public interest, the Town Board may impose reasonable conditions and restrictions when issuing permits, up to and including denial of same. In imposing restrictions or denying a permit, the Town Board shall consider public and private interests balanced with site characteristics and the following criteria:
(1) 
Exposure to environmental elements including but not limited to wind, wave action, surge, currents, tides, depth;
(2) 
Property setbacks, shoreline protection, erosion, preservation, marine life, materials used;
(3) 
Navigation, boat traffic, vessel size;
(4) 
Public access, beaches, general recreation, fishing, shell fishing, swimming, and the preservation of scenic vistas.
B. 
The Town Board shall have the authority to grant waivers of any provision of this chapter as in its judgment is in the interests of the public health, safety or general welfare, except where such waiver would be contrary to state or federal law. A written request for such waiver shall be accompanied by documentation that demonstrates the reasons for the request. The Town Board shall issue a written decision granting or denying the request. The waiver, if granted, shall apply solely to the particular location. The decision granting the waiver shall be recorded by the applicant, and proof of recording shall be filed in the office of the Town Clerk.
C. 
Regarding applications for design standard waivers the Town Board shall at the minimum consider:
(1) 
All possible code compliant alternatives.
(2) 
The presence of unique site conditions.
(3) 
The criteria enumerated in this section.
(4) 
Whether the waiver request arises from a self-created hardship.
A. 
The Dock Inspector is hereby authorized and directed to enforce the provisions of this chapter.
B. 
Should the Dock Inspector determine that a dock has become a threat to life or property or a menace to navigation, they shall immediately notify the Town Board. Upon receipt of such notice, the Town Board shall direct the Dock Inspector to notify the owner of their findings regarding the condition of the dock by certified mail or personal service and by posting such notification upon the owner's property of their findings regarding the condition of the dock. In the event the owner does not remove or repair the dock within the time required by the Dock Inspector, the owner shall be notified by certified mail that the Town will make any necessary repairs to render the dock safe at the owner's expense. Without limiting the foregoing, the Town may enforce compliance in a civil proceeding to enjoin noncompliance and to require removal of any dock or other structure constructed in violation of this chapter. In any proceeding in which the Town is the prevailing party, the Town may recover its costs, expenses and reasonable attorney fees.
A. 
A violation of any provision of this chapter shall constitute a violation and shall be punishable by a fine of not more than $2,500 or by imprisonment for not more than 15 days, or both.
B. 
A second violation within one year shall be punishable by a fine of not more $5,000 or by imprisonment for not more than 15 days, or both.
C. 
A third or subsequent violation within one year of the initial offense shall be punishable by a fine not more than $10,000 or by imprisonment for not more than 15 days, or both and, if the violation be by a contractor or agent licensed to do business in the Town of Shelter Island, such license may be revoked.
D. 
Each day of continued violation of this chapter shall constitute a separate and distinct offense.