[HISTORY: Adopted by the Town Board of the Town of Cazenovia 6-9-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
A. 
Title. This chapter shall be known as the "Docking, Mooring and Launching Law of the Town of Cazenovia, New York."
B. 
Compliance required. No property in the Town of Cazenovia, including those possessing lakefront shoreline and those adjacent[1] to Cazenovia Lake (or who may have deeded access to the lake and other forms of legal access), may dock, pier, moor, hoist, slip or launch restricted watercraft except in strict compliance with this chapter.
[1]
"Adjacent," as used herein, shall mean properties possessing lake frontage and physically situated on the lakeshore.
C. 
Regardless of whether a fee is charged, the casual rental, letting or allowance of occupancy of dock space and/or shoreline which does or does not include launching, selling, servicing or leasing and which provides for storage and/or mooring of boats (restricted watercraft) in a greater number than that permitted by § 76-4B of this chapter shall be considered a violation of this chapter and shall be prohibited.
BERTH
See "boat slip."
BOAT
Any vessel, floating craft or personal watercraft which utilizes a berthing or mooring facility, including but not limited to canoes, rowboats, rowing shells, kayaks, windsurfers, Jet Skis® and other small boats or personal watercraft which are contained in a berthing or mooring facility.
BOAT HOIST
Any mechanical device the purpose of which is to raise or lift a boat out of the water for waterside storage.
BOAT HOIST STRUCTURE
A temporary open-sided structure placed in the water; a mechanical device which is attached to a structure to raise or lift a boat out of the water for waterside storage. A boat structure may have a roof. A boat hoist structure shall not be defined to mean a boat accessory structure.
BOAT SLIP
A waterside storage area adjoining the lakeshore, any structure, boat hoist structure, slip, dock or pier, the purpose for which is the storage of a boat or any watercraft.
DOCK
Any structure (cantilevered or otherwise), fixed platform (built on floats, columns, open timber, piles or similar open-work supports), pier or wharf which is designed to provide access from the shoreline into Cazenovia Lake for swimming, boating or other recreational purpose and which shall also allow accessory uses, including but not limited to boat slips and berths. All structural descriptions provided above, which are placed on the waterside of the mean high water mark, shall be defined as a dock. All structural descriptions provided herein may be seasonal (removed during the winter season/November 30 to March 1) or permanent (not removed during the winter season and permanently attached/affixed to the lake bottom) in nature.
MARINA
A site adjacent to a body of water which is used for the launching, storage or docking of boats. Facilities which can accommodate only one, two or three boats (restricted watercraft) are not considered marinas.
PRIVATE MARINA — A marina capable of accommodating four or more boats (restricted watercraft) which is owned and operated by a person, corporation or association and whose use is not extended to the general public either on a paying or nonpaying basis. Private marinas are not an allowed use in the Town of Cazenovia without the granting of a special use permit by the Zoning Board of Appeals, as subject to the criteria set forth herein and in § 165-114.
PUBLIC MARINA — A marina capable of handling any number of boats (restricted watercraft) which is owned and operated by either a person, corporation, public organization or a municipal body and whose use is extended and open to the general public, either on a paying or nonpaying basis. Public marinas are not an allowed or permissible use in the Town of Cazenovia without the granting of a use variance.
OPERATOR
An individual who operates or navigates a watercraft.
OWNER
The person actually holding title to a watercraft.
PERSON
An individual, partnership, corporation or association.
RESTRICTED WATERCRAFT
Any boat or vessel equipped with or containing an engine utilized to propel such watercraft. The following types of watercraft are deemed to be restricted watercraft applicable to this chapter:
A. 
Boats containing or utilizing a combustion-style engine or electric/battery powered engine for propulsion (unless otherwise exempted in this chapter);
B. 
Motorized sailboats;
C. 
Barges (powered or unpowered/with or without engines) which can be transported and used for commercial or personal purposes.
The regulations contained herein (including the definition of "restricted watercraft") regarding the number of permissible restricted watercraft shall not be applicable to the following non-gasoline motorized watercraft: kayaks, canoes, rowboats, paddleboards, and non-motorized sailboats. In addition to the above, these regulations shall be inapplicable to motorized Jet Skis®/WaveRunners® and vessels solely powered by trolling motors.
A. 
The design of any dock, pier, slip and mooring facility shall either be single-straight, single T-shape, single L-shape or single F-shape, provided that the design stays within the extended property lines of a lakefront parcel and does not interfere with neighboring navigational rights, and must obtain any permits required in accordance with applicable NYS law.[1]
[1]
Residents are cautioned to understand their rights as lakefront owners with regard to lot lines projecting into the lake. The Town of Cazenovia will not be responsible to address any private property owner dispute.
B. 
The docking, mooring, anchoring and/or berthing of more than three restricted watercraft per private residential lakefront property (i.e., single lakefront parcel) shall require a special use permit issued by the Town of Cazenovia Zoning Board of Appeals, as subject to the criteria set forth herein, in § 165-114 and as otherwise provided in this chapter.
C. 
Public marinas are strictly prohibited in the Town of Cazenovia unless a use variance has been obtained from the Town of Cazenovia Zoning Board of Appeals.
D. 
Mooring buoys shall be anchored or tied so as to conform to the additional regulations set forth herein.
E. 
Placement of docks, etc. Docking, mooring, anchoring and berthing facilities shall be placed so that all boats secured to such facilities are contained within the water rights line of the lakeshore parcel involved.
F. 
Water rights lines. The Town of Cazenovia is not responsible to determine in any way the location of any relevant water rights lines, nor is it responsible for the cost of such determination. Notwithstanding the preceding, the Town of Cazenovia Code Enforcement Officer ("Town CEO") shall require appropriate documentation/proof, including surveys (when necessary), when required to determine the issuance of permits.
G. 
Docking, mooring, anchoring and berthing facility violations. Any docking, mooring, anchoring and/or berthing facilities in violation of this chapter shall be removed upon the direction of the Town CEO, whether or not an appeal or application is pending. This remedy is not the exclusive remedy of the Town.
H. 
It is the responsibility of the lake adjoining property owner to obtain any and all state and federal permits that may be required pursuant to law. These may include, but are not limited to, the following state and federal laws and/or agencies:
(1) 
Other applicable sections of the New York State Navigation Law administered by the New York State Office of General Services;
(2) 
Article 3 of the State of New York Navigation Law at § 32-c ("Interfering with navigation") as administered by the New York State Office of Parks, Recreation and Historic Preservation;
(3) 
Article 3 of the New York State Navigation Law at § 35-a ("Floating objects other than aids to navigation") as administered by the New York State Office of Parks, Recreation and Historic Preservation;
(4) 
Environmental Conservation Law Article 15 ("Water Resources"), New York State Department of Environmental Conservation, 6 NYCRR Part 608;
(5) 
Permits for discharges of dredged or fill materials into the waters of the United States, administered by the United States Army Corps of Engineers.
A. 
Parcels possessing and/or providing existing deeded lake access at the time of adoption of this chapter, in addition to the above, are allowed the following:
(1) 
One restricted watercraft for each property which possesses deeded lake access rights contained within a current deed (as of the date of the filing of this local law[1]) of a lakefront property. It is the intent of this chapter not to pre-empt any additional restrictions contained in any restrictive covenants or other deed covenant or recorded restrictions. Residents in a homeowners' association or similar ownership who do not have pre-existing deeded access or deeded owners of pre-existing lake access easements (and are not adjacent to the shoreline of the lake) are not permitted to have a moored or docked restricted watercraft on Cazenovia Lake where such additional watercraft violates these regulations.
[1]
Editor's Note: "[T]his local law" refers to L.L. No. 4-2025, adopted 6-9-2025, which enacted this chapter 76.
B. 
Any non-commercial and casual permission granted by a lakefront property owner to another person for the temporary mooring of a restricted watercraft shall be limited to no longer than seven consecutive days and shall not be in addition to the allowed watercraft.
All restricted watercraft in the Town of Cazenovia shall be berthed and launched at and through an approved public lake access point (currently Lakeside Park) and also Willow Bank Yacht Club. Such restricted watercraft shall evidence and display a current and valid Village of Cazenovia launch sticker. Under no circumstance shall launching a boat with a trailer be permitted other than at the Village launch or Willow Bank Yacht Club and without evidence of an inspection for invasive species. The Town CEO will review any area which has historically demonstrated the ability to conduct appropriate inspections for launching and make the appropriate notation in his records.
A violation of this chapter is an offense punishable by a fine not exceeding $500 or imprisonment for a period of not to exceed 15 days, or both a fine and imprisonment. Each day's continued violation shall constitute a separate additional violation as provided in § 268 of the Town Law, and the Town officials shall have the powers and may exercise all privileges as herein provided.
Wherein a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing, signed and shall be filed with the Town CEO, who shall properly record such complaint and immediately investigate the report thereon.
Any special use permit that is granted under this chapter shall set forth by resolution the findings of fact and determinative proof of the basis for such decision in accordance with the criteria established below in addition to the criteria for the granting of a major special use permit pursuant to § 165-114:
A. 
Such allowed special use permit for additional restricted watercraft shall occur only on parcels with a minimum acreage of 0.50 acres and a minimum of 100 feet of shoreline.
B. 
In granting any such special use permit, the Zoning Board of Appeals shall make a specific determination as to why the allowed number of additional restricted watercraft is appropriate for the subject lot, and why such additional restricted watercraft will not have a negative impact on surrounding properties, the general neighborhood and Cazenovia Lake.
C. 
For the allowance of a private marina, in addition to the above, the Zoning Board of Appeals shall also condition each approval that the property owner(s) shall obtain a renewal permit every two years and that said property owner(s) acknowledge that failure to abide by the conditions may result in a non-renewal or the revocation of such special use permit.
D. 
The application for such special use permit shall include a written detailed narrative of the proposed use, including all aspects of same, and any proposed lighting. The applicant shall prepare and submit a detailed site plan depicting dockage and other features of the proposed private marina, including all other existing uses and land contours on the site.
E. 
The applicant shall demonstrate compliance with the Town of Cazenovia Lakefront Development Guidelines to the satisfaction of the reviewing board, as well as compliance with all other requirements of this chapter, chapter 165 and the balance of the Town of Cazenovia Code.
The primary responsibility for enforcement and administration of this chapter is vested with the Town CEO or his/her designee. Clearly stated, the Town CEO, or his designee, shall have complete authority for the investigation and enforcement of this chapter on the waters of Cazenovia Lake in the Town of Cazenovia.