This chapter shall be cited as the "Management of Coastal Zone, Harbor and Vessels Law" of the Village of Mamaroneck.
Mamaroneck Harbor is an important and intensely used area that supports a wide range of public and private in-water uses, including recreational and commercial boating and anchorage and mooring areas, recreational fishing and swimming, boatyards and marinas, and yacht and beach clubs. The Village of Mamaroneck finds that, in order to allocate and manage the safe and efficient use of the harbor and its underwater lands and waters, and to allocate adequate space for these uses, Chapter 240 of the Code of the Village of Mamaroneck shall hereby be adopted to implement a plan for the management of Mamaroneck Harbor.
It is the intention of the Village of Mamaroneck that the preservation, enhancement and utilization of the natural and man-made resources of the Village's unique coastal area take place in a coordinated and comprehensive manner to ensure the proper balance between those natural resources and the need to accommodate the needs of population growth and economic development. Accordingly, it is the intention of this chapter to achieve a balance between economic development and preservation that will permit the beneficial use of coastal resources while preventing the loss of living marine resources and wildlife; diminution of open space areas or public access to the waterfront; shoreline erosion and impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.
This chapter is adopted pursuant to the following laws of the State of New York: Article 42 of the Executive Law, § 46-a of Article 4 of the Navigation Law, Article 2 of the Municipal Home Rule Law and Article 9 of the State Constitution. This chapter is also adopted pursuant to the Waterfront Revitalization and Coastal Resources Act in order to implement the policies of the Village of Mamaroneck Local Waterfront Revitalization Program.
Editor's Note: See New York State Executive Law, Article 42.
The operation and mooring of vessels in Mamaroneck Harbor and the safe and efficient use of space within the harbor, being a matter affecting public interest, is and should be subject to the regulatory, supervisory and administrative controls hereinafter set forth. The preservation, enhancement and utilization of the Village's coastal area is also a matter of public interest. Pursuant to the Waterfront Revitalization and Coastal Resources Act and the Village of Mamaroneck Local Waterfront Revitalization Program, it is the intent of this chapter that proposed actions be reviewed to determine their consistency with the policies of the Village of Mamaroneck Local Waterfront Revitalization Program and that this review be coordinated with and made a part of each agency's existing procedures.
The purpose of this chapter is to:
Establish standards, requirements and procedures for the safe and sanitary operation of vessels and regulation of matters relevant to safety, sanitation and environmental conservation in the Village of Mamaroneck.
Implement a plan for the management and use of surface waters and underwater lands within the harbor.
Provide a framework for Village agencies to consider coastal management policies contained in the Village of Mamaroneck Local Waterfront Revitalization Program when reviewing applications for actions or proposing direct agency actions.
Define the Harbor and Coastal Zone Management Commission and its duties.
As used in this chapter, the following terms shall have the meanings stated after each such term:
- Any projects or physical activity, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that is directly undertaken, funded or approved by an agency of the Village of Mamaroneck; or agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions; or adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; or any combination of the above; provided, however, that "action" does not include the following:
- A. Maintenance or repair involving no substantial changes in an existing structure or facility.
- B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes.
- C. Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming.
- D. Repaving of existing highways not involving the addition of new travel lanes.
- E. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities.
- F. Maintenance of existing landscaping or natural growth.
- G. Construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities.
- H. Routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not changes in use related to such closings.
- I. Except when a wetlands permit is required under Chapter 192 of the Village Code, construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections as provided in Subsection K and the installation, maintenance and/or upgrade of a drinking water well and a septic system.
- J. Except when a wetlands permit is required under Chapter 192 of the Village Code, construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density, but not including construction, expansion or placement of water-dependent accessory/appurtenant residential structures, such as piers, docks, seawalls or similar water access or erosion control structures, or other structures within 50 feet of mean high water.
- K. Extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list.
- L. Granting of individual setback and lot line variances.
- M. Granting of an area variance(s) for a single-family, two-family or three-family residence.
- N. Public or private best forest management (silvicultural) practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management clear-cutting or the application of herbicides or pesticides.
- O. Minor temporary uses of land having negligible or no permanent impact on the environment.
- P. Installation of traffic control devices on existing streets, roads and highways.
- Q. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns.
- R. Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soil studies that do not commit the agency to undertake, fund or approve any action classified as either a Type I or unlisted action under the New York State Environmental Quality Review Act Regulations (6 NYCRR Part 617).
- S. Official acts of a ministerial nature involving no exercise of discretion, including building permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s).
- T. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.
- U. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided that those activities do not commit the agency to commence, engage in or approve such action.
- V. Collective bargaining activities.
- W. Investments by or on behalf of agencies or pension or retirement systems or refinancing existing debt.
- X. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession.
- Y. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides or other hazardous materials.
- Z. License, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities.
- AA. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list.
- BB. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled.
- CC. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion.
- DD. Adoption of a moratorium on land development or construction.
- EE. Interpreting an existing code, rule or regulation.
- FF. Designation of local landmarks or their inclusion within historic districts.
- GG. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter.
- HH. Applications for area variances for signs located on existing structures.
- II. The construction, expansion or reuse of a nonresidential structure not requiring a change in zoning or a use variance involving less than 8,000 square feet of gross floor area in the Village's General Commercial (C-1) and Central Commercial (C-2) Districts.
- AGENCY OF THE VILLAGE; VILLAGE AGENCY
- Any department, board, commission, public authority or other agency of the Village of Mamaroneck which has jurisdiction by law to approve or directly undertake a given action.
- An area reserved for the anchoring of vessels as designated on the Harbor Management Plan Map.
- A structure primarily designed to break the force of waves or to influence the course of current or tide. The term includes jetties.
- BUFFER AREA
- An area extending outside the lines of a channel, mooring or anchorage area to a distance of 25 feet except in the east and west basin where the buffer area is 15 feet. There is no buffer area for the mooring areas in the west and east basin. The buffer areas are shown on the Harbor Management Plan Map.
- A marine structure or partition to retain or prevent sliding and/or erosion of the adjacent upland. A secondary purpose is to protect the upland from wave action. The term includes seawalls, walls, walks and riprap.
- A federally or Village-designated navigation accessway in the harbor, as shown on the Harbor Management Plan Map.
- COASTAL AREA or COASTAL ZONE
- The lands and waters within the Village of Mamaroneck's jurisdiction as described in the Village of Mamaroneck Local Waterfront Revitalization Program.
- CONSISTENCY DETERMINATION
- A resolution prepared by the Harbor and Coastal Zone Management Commission or the Village Board of Trustees and filed with the Clerk of the Village of Mamaroneck, which describes the nature, extent and location of the action and sets forth the reasons supporting the determination as to the consistency of the action with the policies of the Village of Mamaroneck Local Waterfront Revitalization Program.
- DIRECT ACTION
- An action planned and proposed for implementation by the Village of Mamaroneck. Direct actions include but are not limited to capital projects, procedure-making, policy-making and zoning.
- DRY SAILING
- The storage of boats in commission on land on specially constructed racks, or otherwise, during the normal boating season and launched by some mechanical means when the boat is to be used. Exempt from dry sailing are vessels such as sail boards, sunfish, sailing dinghies, inflatables, dinghies, skiffs, jet skis, wave runners and rowboats.
- EAST BASIN
- That portion of the inner harbor lying east of Harbor Island Park.
- An area in the harbor, other than a federally or Village-designated channel, commonly used as an open accessway between marine structures or designated channels and mooring areas.
- GUEST MOORING SPACE
- A mooring space to be used on a temporary basis by a guest.
- All waters, inlets, bays and coves, including the area between the mean high and mean low water mark, within or bounding the Village of Mamaroneck to a distance of 1,500 feet from the shore.
- HARBOR MANAGEMENT PLAN
- A plan comprised of written policies and objectives approved by the Village of Mamaroneck Board of Trustees, or the harbor management components of the approved Local Waterfront Revitalization Program.
- HARBOR MANAGEMENT PLAN MAP
- A map of Mamaroneck Harbor, approved by the Village of Mamaroneck Board of Trustees, and incorporated into the Local Waterfront Revitalization Program that may be amended from time to time by resolution of the Harbor and Coastal Zone Management Commission, subject to approval by the Village of Mamaroneck Board of Trustees, which is on file in the office of the Village Clerk.
- HARBOR MASTER
- The Harbor Master duly appointed by the Village of Mamaroneck, who is a peace officer pursuant to § 2.10, Subdivision 19, of the New York State Criminal Procedure Law.
- INNER HARBOR
- That portion of the harbor extending shoreward from a line running from Shore Acres Point to the concrete pier north of the foot of Bleeker Avenue.
- Any garbage, refuse or rubbish and other waste material which is thrown or deposited and which tends to create a danger to the public health, safety and welfare.
- MAMARONECK HARBOR
- All of the underwater lands and waters seaward of mean high water as shown on the Harbor Management Plan Map for Mamaroneck Harbor.
- Any public, private, commercial or educational facility which provides accommodations or facilities for vessels, including mooring, docking, storing, leasing, sale or servicing of vessels within the harbor or uplands adjacent thereto, including yacht clubs, beach clubs, boatyards and any other installation providing for services or storage space for vessels.
- MARINE STRUCTURES
- Any structure, including but not limited to jetties, groins, breakwaters, bulkheads, floats, piers, boathouses, moorings and/or docks in or upon any waters or underwater lands within the Village of Mamaroneck or bounding the Village of Mamaroneck to a distance of 1,500 feet from shore.
- MEAN HIGH WATER
- The average height of the high waters over a nineteen-year period immediately preceding the current year.
- The attachment of a vessel to a pier or dock or other structure or the attachment of a vessel to the ground or lands underwater by means of tackle so designed that, when such attachment is terminated, some portion of the tackle remains below the surface of the water and is not under the control of the vessel or its operator.
- MOORING AREA
- The areas designated by the Harbor Master or by the federal government, as shown on the Harbor Management Plan Map, that are reserved specifically for the mooring and anchorage of vessels.
- MOORING DEVICE
- A permanent or semipermanent vessel-anchoring device and its associated tackle, such as chains, buoys and other equipment, other than a common anchor, manufactured and/or used specifically for the permanent semipermanent anchoring or mooring of vessels.
- MUNICIPAL DOCK
- A dock owned and operated by the Village of Mamaroneck.
- OUTER HARBOR
- That portion of the harbor extending into and toward the Long Island Sound to the point that is 1,500 feet from the shore from a line running from Shore Acres Point to the concrete pier north of the foot of Bleeker Avenue.
- The in-water boundary of an area consisting of a series of connected imaginary lines on a plan, map or other diagram, that encompass all related marine structures that function together to create a component of an in-water facility or use.
- PERIMETER PERMIT
- A permit issued by the Building Department of the Village of Mamaroneck, upon the recommendation of the Harbor and Coastal Zone Management Commission, authorizing eligible entities to reconfigure marine structures within a prescribed perimeter and, if so authorized in the permit, to add to, delete from, reconstruct or otherwise alter such marine structures.
- A permit, lease, license, certificate or other entitlement for use or permission to act that may be granted or issued by an agency of the Village of Mamaroneck.
- POLICE BAY CONSTABLES
- The Bay Constables appointed by the Village of Mamaroneck, who are peace officers pursuant to § 2.10, Subdivision 18, of the New York State Criminal Procedure Law.
- REPAIR IN KIND
- The rebuilding of a damaged structure or a portion thereof at the same site and in the same envelope, using similar material as the structure being repaired.
- REPLACEMENT IN KIND
- New construction at the same site and in the same envelope, using similar material as the structure being replaced.
- SERVICE FLOAT
- A float located within Mamaroneck Harbor where boats may tie up temporarily before or after being brought in for service.
- Any contrivance used or capable of being used as a means of transporting people or goods upon the water.
- VILLAGE VISITORS' DOCK
- A temporary docking space provided by the Village of Mamaroneck for nonresident visitors.
- WEST BASIN
- That portion of the inter harbor lying west of Harbor Island Park.
- WORK FLOAT
- A float located in Mamaroneck Harbor utilized by a contractor to store equipment or to perform work within the harbor.