Article III Harbor Permits

Every person who shall apply for a permit to construct or enlarge, or cause the same to be done, a structure regulated by this chapter shall file a verified application in duplicate on forms to be provided by the village, and shall pay the fee. The application form shall require the applicant to state, at a minimum:

The applicant's name and address.

The applicant's status as user of the upland immediately abutting the mean high-water mark at the place where such structure is proposed to be constructed or maintained.

The manner in which such upland is zoned.

The exact use to which the applicant intends to put such upland after the permit is issued.

(e)

The exact use to which the applicant intends to put such structure after the permit is issued.

(f)

The length and width of the proposed structure.

(g)

The estimated cost of the proposed structure.

(h)

A general description of any other structures proposed to be erected on such structure.

(i)

What is the number of off-street parking spaces required under Chapter 155, Zoning, of the Village Code for the use and how the applicant will provide for them.

(j)

Environmental assessment form. Where the application is for new structures in waterways adjacent to upland multifamily residential uses (including cooperative associations, condominium associations and homeowners' associations), marine or nonmarine commercial uses and yacht clubs, the applicant shall file an appropriate environmental assessment form.

The village will accept copies of applications submitted to the Army Corps of Engineers and the New York State Department of Environmental Conservation to the extent such applications provide the required information.

Permits issued hereunder shall be transferable. Within six months of the transfer of title to a structure for which a permit has been issued, the new owner shall file a change of name with the Village Clerk. Failure to file the change of name within this period shall result in automatic termination of the permit. In the event that a change of name is not timely filed, a new permit application must be submitted by the new owner(s) of the upland tract adjacent to the structure.

Permit procedure. Upon receipt of an application, the Village Clerk shall determine if said application is complete, and if so, shall process the application according to the following procedures:

Residential permits.

For applications for a residential use permit, the Superintendent of Buildings shall examine said application for compliance with this chapter and the laws, ordinances, regulations or specifications governing such structures. If the application and proposed structure comply, the Superintendent of Building's decision shall be transmitted to the Village Clerk, who shall in turn inform the applicant by mail.

Upon approval by the Superintendent of Buildings, the Village Clerk shall issue the original or renewal permit, provided that all requirements have been satisfied. The Superintendent of Buildings may impose such conditions upon the issuance of a permit which may be reasonable and necessary to carry out the purposes of this chapter, including the condition that an applicant post a bond adequate to insure faithful performance of authorized construction. Should the Superintendent of Buildings disapprove the application, the Village Clerk shall not issue a permit, and the applicant may appeal to the Board of Zoning and Appeals within 30 days of such denial.

Multifamily residential, marine commercial, nonmarine commercial, yacht club and perimeter reconfiguration permits, except as provided for under Chapter 155.

For applications for a permit for multifamily residential, marine commercial, nonmarine commercial, yacht club use or for a perimeter permit, all application materials will be presented to the Superintendent of Buildings, who shall examine the application for compliance with this chapter and the laws, ordinances, regulations or specifications governing such structures. Upon the completion of such review, the Superintendent of Buildings shall transfer the application to the appropriate Village Board for site plan review.

Upon approval by the Village Board of Trustees, the Village Clerk shall issue the appropriate permit.

Reconfiguration perimeter permit. A permit issued for a dock, pier and ramp shall contain a reconfiguration perimeter condition that will allow the reconfiguration of a number, widths, lengths and location of the docks, piles and ramps within the perimeter of the proposed docking facility, provided that:

All configurations remain within the dock perimeter as shown on the attached plans, including ensuring that there is a minimum of a ten-foot offset from the federal channel for any dock perpendicular thereto or 15 feet for any dock parallel thereto;

No additional boat slips are created beyond those authorized and approved as a result of the permits;

No dredging activities are undertaken beyond those which are authorized and approved as a result of this permit without the proper regulatory approvals;

No excavation, bulkheading and/or filling activities are undertaken without the proper regulatory approvals;

No change in functional use of the docking facilities can be taken without the proper regulatory approvals (e.g., a floating structure shall not be converted to fixed deck); and

The applicant is in compliance with any other permit issued by the Army Corps of Engineers or Department of Environmental Conservation.

Maintenance of structures. The permittee who shall erect, cause to be erected or maintain any structure pursuant to this chapter shall keep such structure in good repair and condition at all times so that it will not become a menace to navigation, to persons using the same or to the environment. Upon finding that there is reasonable cause to believe that such permittee has failed to comply with this section, the Superintendent of Buildings may declare the structure unsafe for use and require repair within 30 days. If after 30 days the permittee has not complied with the order of Superintendent of Buildings and the Superintendent of Buildings has not extended the period for compliance, then the permittee will be subject to the penalties as provided for in this chapter. If after 90 days from the Superintendent of Building's order a permittee has not complied, then the Village Board of Trustees may revoke the permit after a public hearing on notice mailed to permittee's and the upland owner's last known address at least 10 days prior to such hearing, and order the permittee or the owner of the upland to repair or remove such structure in a period of time not to exceed 30 days. Such order may authorize the removal of such structure by the village after the expiration of this period, in which case the cost of removal shall be charged to such permittee, or the owner of the upland, or both. No permit or certificate for a structure issued pursuant to this chapter shall be deemed as a warrant of the integrity, safety or engineering and design of any structure, and no one shall place reliance on any permit, certificate or representation of the village concerning any aspect of the structure.

Standards. No structure shall be constructed, erected, enlarged, installed, altered or improved unless it shall comply with the following standards:

General standards.

No structure shall be permitted if it would unreasonably impede, obstruct or interfere with navigation, the rights of adjoining owners or the public use of or passage along the foreshore or the waterway, or harmfully affect the environment.

Except as provided under Subsection H(3), no structure, vessel or combination thereof shall be permitted to project into the waterway a distance greater than required to reach navigable water depth, or to a length exceeding 100 feet, whichever is less.

No structure or vessels shall extend within a distance of 50 feet of any federally designated channel, vessel accessway, fairway or anchorage, except where a legally existing marine commercial use or yacht club can establish that the existence of such structures or placement of such vessels will not impede the safety of marine traffic in the designated channel, vessel accessway, fairway or anchorage and that such structures or placement of such vessels existed in their present form as of October 1, 1991.

Notwithstanding the fact that a proposed residential structure shall not comply with this chapter in any respect, the Board of Zoning and Appeals may direct that such permit be issued if it shall find that compliance with this chapter in such respect will create practical difficulties or unnecessary hardships, or if it shall find that the proposed structure is in the public interest.

Structures in waterways.

All structures shall be constructed in accordance with generally accepted engineering and design standards.

All fixed docks shall provide:

[1]

An avenue for clear passage in the land area crossed by the dock at mean low tide. Such an avenue shall be created by providing an area below the dock with a clearance of at least six feet, by providing a means of access across the main body of the dock itself, or by providing a clearly marked path across the upland immediately adjacent to the dock, which will serve the same purpose. All fixed docks lawfully existing prior to the effective date of this chapter must comply with this provision within 12 months of the effective date of this chapter.

[2]

A minimum of three feet and a maximum of eight feet above mean high water as defined by the Datum Plane, and a maximum freeway clearance of two feet, except as provided for in Subsection H(2)(b)[1].

The location, design and use of any structure in the waterway shall be compatible with this chapter and, if the upland property is within the enforcement jurisdiction of the village, with the zoning regulations of the village as well as with all other applicable public health laws and other applicable requirements, and shall conform to the generally accepted standards of construction for the prevention of fire hazards.

No structure in a waterway shall be permitted unless it shall be water-dependent and, except in the case of bulkheads, used solely for the purpose of gaining access to a waterway for commerce, navigation, fishing or recreation.

(e)

Any structure within a waterway utilized in connection with adjacent premises shall be the minimum necessary to meet the upland use.

(f)

With respect to residential or multifamily residential permits, no vessel slip shall be hired out or used on a seasonal or permanent basis for dockage use by persons not actually residing at the premises. Such use of a vessel slip shall constitute a violation of this chapter.

(g)

Except as provided under Subsection H(3)(c), there shall be no more than one dock or floating dock per lot or lot group with less than 75 feet of shoreline frontage. One additional dock or floating dock shall be allowed for each additional 75 feet of shoreline frontage. Docks and floats shall be straight, "E," "F," "L," "T" or "U" shaped and shall extend at right angles to the shoreline where practicable.

(h)

Except as provided under Subsection H(3)(c), the number of slips permitted shall not be greater than two per upland residential parcel.

(i)

No slip, dock, float, vessel or combination thereof shall encroach upon the portion of the waterway adjacent to the fifteen-foot side yards on either side of the said uplands boundary as it extends offshore.

(j)

Except as provided under Subsection H(3)(c), docks for all purposes are limited to a maximum width of six feet for a residential permit and 10 feet for all other permits.

(k)

The top horizontal board (wale) of any bulkhead installed pursuant to this chapter shall be at a minimum level necessary to meet the purpose for which the bulkhead is being constructed, and shall in any event not be higher than six feet above mean high sea level as defined in the Datum Plane unless a certified engineering report is submitted showing that a height in excess of six feet is required for public safety reasons. All bulkheads shall also comply with generally accepted standards of marine construction.

(l)

All structures shall be composed only of materials which, in the judgment of the Superintendent of Buildings, will have no adverse effects on the environment or water quality.

(m)

Lighting on any structure must be of a type which will not be confused with navigation lighting, must meet United States Coast Guard standards and must not produce offensive glare when viewed from land or water.

Additional provisions for structures adjacent to multifamily residential, marine commercial, nonmarine commercial and yacht club uses.

The Village Board of Trustees may permit a specific number, configuration, width and length of docks, floats or slips other than what would be allowed under Subsection H(2), where the applicant can demonstrate that the proposed design or additional number of docks, floats or slips is needed to accommodate the associated use.

The permissible number, configuration and width of docks, floats and slips shall be determined by considering the location, limiting natural features of the site, demonstrated need for such structures, effect on navigation, infringement on public lands and compliance with the other sections of this chapter. No structure, vessel or combination thereof shall unreasonably impede the public's use, benefit or enjoyment of publicly owned shorefront and underwater lands. Where, in the judgment of the Village Board of Trustees, impairment of the public's use and enjoyment of such publicly owned areas cannot be avoided, the upland owner may be required to afford to the public a reasonable and convenient means of access over or around the structure.

Any new docking facilities, slips or moorings or expansion or increase in existing docking facilities, slips or moorings for marine commercial, multiple residential and yacht club uses shall be required to:

[1]

Demonstrate that sufficient marine sanitation pumpout capacity exists or that a satisfactory alternative approved by the Village Board of Trustees is available, so as to accomplish the removal of sanitary wastes from all vessels associated with the use; and

[2]

Provide for the collection and proper disposal of solid waste (garbage, trash, etc.), grease, oil and gasoline.

In areas adjacent to multifamily residential or nonmarine commercial uses, in no case shall more than two docks be permitted per 100 feet of shoreline frontage. For multifamily residential uses, in no case shall there be more than one boat slip or mooring per residential unit.

(e)

Any use permitted to dispense gasoline, diesel fuel, mixed fuels, engine oils and similar supplies shall show compliance with all federal and state laws dealing with oil spill prevention.

(f)

In addition to the requirements specified under this section, the following shall apply for docks, floats or slips adjacent to nonmarine commercial uses:

[1]

The docks or slips are limited to short-term transient use and shall be designated as the same, except for vessels owned by the adjacent upland owner;

[2]

The area associated with the dock or slip may be used only as a means of vessel access to the upland use or for public access. The area shall not be used for any activity or use which is not water dependent.

§ 151-18 Mooring permits.

No person shall lay mooring tackle or moor a vessel within the harbor without an appropriate mooring permit.

The location of mooring perimeter fields and individual moorings within the village mooring area and residential moorings shall be identified on the Village Mooring Plan by the Waterways Committee and approved by the Village Board annually. The location of specific moorings within a perimeter for which the village has approved a perimeter permit will be set forth on a plan provided to the village by the permit holder.

§ 151-19 Individual mooring permit.

Permit process.

Any person desiring to procure an individual mooring permit for tackle and buoy shall file with the Village Clerk a written application upon a form furnished by the village or the Town of North Hempstead. Such application shall state the name, type, length and registration number, if any, of the vessel. An application for an individual mooring permit shall also include the name of the owner or lessee or charterer, if any, together with such proof of ownership or right to use of the vessel as the village or the Town of North Hempstead may require. A company making such application shall designate a living person as its representative. The annual administrative fee shall be set by resolution of the Board of Trustees and shall accompany the application.

Only one individual mooring permit shall be issued to any person. Applicant must have legal registration for the vessel (if such is required), or where no registration is required, a description of the vessel and a notarized statement of the applicant swearing ownership of the vessel.

The Board of Trustees has the authority to approve or deny each application for a permit.

Mooring tackle and buoy permits shall be issued only to the owner, lessee or charterer of the vessel to be moored.

An individual permit shall be issued upon the payment of an annual administrative fee as determined by resolution of the Board of Trustees for a vessel moored offshore, irrespective of where moored.

Each vessel shall be measured from bow to stem on a center line over the deck.

(7)

There shall be a charge as determined by resolution of the Board of Trustees for the issuance of a duplicate decal to replace a lost or misplaced decal.

(8)

Requests for a new mooring tackle and buoy permit may be obtained from and approved by the village at any time, specifying the type and size of the vessel for which the mooring tackle and buoys are requested. After February 5, the last date for filing applications for renewal of mooring tackle and buoy permits, applications for new permits will be forwarded to those persons who have requested the same as space is available for the type and size of vessel for which mooring tackle and buoy space has been requested. Within the limits of type and size of vessel, priority will be given in the forwarding of applications for permits in the order in which requests for such permits have been filed with the village.

(9)

Only one mooring tackle or buoy space shall be allotted to any one vessel.

(10)

The permittee must demonstrate that he has legal access to his vessel from a point of land located in Manorhaven.

Display of permit. The issuance of an individual mooring permit shall be evidenced by a decal. The mooring tackle and buoy permit decal issued pursuant to this chapter shall be conspicuously displayed on the exterior port side of said vessel, and only on the particular vessel for which an application is on file.

Transfer of permit.

Individual mooring permits are not transferable or assignable from person to person or vessel to vessel, except as herein provided. Subject to the consent of the Waterways Committee and upon payment of a fee as determined by resolution of the Board of Trustees, the holder of a permit may exchange such permit with the holder of another permit so as to allow an exchange of locations between such two holders within the same mooring perimeter or area. The holder of a permit may substitute another vessel of which such holder is the owner, lessee or charterer for the vessel originally specified in such mooring tackle and buoy permit, provided that the Waterways Committee approves such substitution upon written application therefor.

In the event that the holder of an individual mooring permit sells his vessel while the permit is still in force, he shall immediately notify the village and the Town of North Hempstead in writing. The party holding such individual mooring permit shall cause the decal to be removed prior to the vessel's delivery to the purchaser.

It is a violation of this chapter for any person issued a permit or decal to transfer or cause to be transferred such permit or decal to any other person or vessel. This violation shall apply to both the person so transferring and person so receiving or benefiting from the transfer.

Renewal of permit. The applicant shall file with the village a renewal application for such a permit on or before February 5 of the year for which the permit is to be effective. The village reserves the right to reassign space based upon availability and size of vessels within the Village Mooring Area. The prescribed fee for the renewal of the necessary permit shall be paid at the time the application is filed. In the event that any permit holder fails to file a renewal application with the village by 5:00 p.m. of the last business day on or before March 15 of the year in question, said party must make a new application for such permit.

§ 151-20 Mooring perimeter permit.

Marine commercial, nonmarine commercial, multifamily residential uses (including cooperative associations, condominium associations and homeowners' associations), not-for-profit associations and yacht clubs that own property along the shore of the Village of Manorhaven must apply for perimeter permits, which will establish a zone within which a fixed number of moorings may be placed.

Applications for perimeter mooring permits may be obtained from the village or the Town of North Hempstead. The application shall include, at a minimum, the following information:

The name and address, and in the cases of corporations, associations, clubs or the like, the name and address of a contact person.

A description of the applicant's business, commercial or recreational purposes, including the number of members if a yacht club or association or cooperative, condominium or homeowners' association, and the services provided if a marine commercial or noncommercial use.

A description of any upland parcel utilized in connection with the mooring perimeter, including proof of compliance of the upland parcel with all applicable parking regulations and requirements of the Village of Manorhaven.

A description of how access to moored vessels will be provided.

Proof of compliance with all applicable pumpout and trash disposal requirements.

A map, drawn to scale, showing the proposed mooring perimeter, the number of moorings and the area within a five-hundred-foot radius of the zone.

(7)

The type of mooring and mooring tackle to be used.

(8)

The ownership of the upland immediately adjacent to the mooring perimeter.

Standards.

All mooring perimeters must be designed to allow vessels to enter and exit safely. There must also be appropriate distance between moorings to keep moored vessels from colliding, said distance to be dependent on accepted standards for the type of mooring equipment installed.

All moorings within a zone must bear an easily identifiable mark as approved by the Waterways Committee.

All mooring perimeters shall be located so as not to interfere with the free flow of vessels to and from designated boat launching areas.

No mooring perimeter may be established within a designated channel, fairway or seaplane landing area.

Each mooring zone shall have a maximum number of moorings which may be placed within it. While fewer than the approved number of moorings may be placed, at no time may the maximum be exceeded. Within the perimeter, mooring locations may be moved.

All moorings that are part of a perimeter permit issued to a yacht club may be used only by members of said club and may not be leased, traded, swapped, loaned or in any way utilized by nonmembers. However, each club may set aside no more than 10 moorings as guest moorings, to be utilized by visiting vessels for a period not to exceed 10 days. The application for the perimeter permit must indicate how many guest moorings will be established, if any. These moorings shall be visibly marked in accordance with standards to be established by the Waterways Committee.

(7)

No yacht club may request more moorings within its perimeter than a number equal to the number of vessels owned by the club's members plus 10. No multifamily residential use may request more moorings within its perimeter than a number equal to the vessels owned by the residents, with each residential unit being eligible for only one mooring of a vessel owned by that resident and maintained within the designated mooring field. The total number of moorings within the perimeter of the multifamily residential use will not exceed the total number of residential units.

(8)

Perimeter mooring permits issued to marine, commercial clubs, multifamily residential and nonmarine commercial users shall be limited to a zone adjacent to the upland, unless the village approves a mooring perimeter to be established elsewhere.

(9)

The holders of perimeter permits shall record the location and names, length, draft, beam and type of all vessels moored in its area. The position of each mooring shall be noted upon a map or chart, which shall be available for inspection at all times by the village or the Town of North Hempstead. Said chart shall be updated as often as necessary to maintain its accuracy.

(10)

The holders of perimeter permits shall keep on record with the village and the Town of North Hempstead the name, address and phone number of both a primary and secondary contact person. The village and the Town of North Hempstead must be notified within 30 days when either contact person is changed.

(11)

Holders of perimeter permits shall pay a fee for the perimeter permit itself and also an annual fee determined by the number of moorings within the perimeter. Such fees shall be determined by the Board of Trustees. Holders of perimeter permits shall annually update plans with the village and the Town of North Hempstead, indicating any change in the number of moorings requested for their perimeter. Permit holders may also request changes during the season, filing the appropriate forms along with the appropriate fees.

Review procedure for commercial mooring perimeter permits. Upon receipt of a complete permit application and appropriate documentation, the village shall review the permit application. A permit will be issued within 60 days from the filing of a complete application, including fees.

Criteria for consideration of commercial mooring perimeter permits. The Board of Trustees shall approve with conditions or disapprove an application for a commercial mooring perimeter permit. The approval, approval with conditions, or disapproval of any application for a mooring perimeter permit shall be by the majority vote of the Board of Trustees members present, using as a guide the following criteria:

General criteria. The proposal for which an application is made shall not result in:

Navigation. An actual or potential hazard to navigation.

Environment. An adverse environmental impact.

Diminution to public safety and community enhancement.

Specific criteria. The permit shall be denied if:

The proposal does not provide adequate fairways for access to and from open waters.

The proposed permit is determined to be inconsistent with the policies and purposes of the Local Waterfront Revitalization Program of the Village of Manorhaven and the Harbor Management Plan contained within it.

The proposal would result in a significant adverse environmental impact.