This chapter shall be known as the "Town of
Shelter Island Moorings Law."
[Amended 6-2-2006 by L.L. No. 5-2006]
The purpose of this chapter is to maintain and
permit the just and orderly placement of moorings and stake, mooring
and pulley systems in the Shelter Island Town waters. The Town currently
has issued 862 mooring permits and is issuing these permits at the
rate of approximately 50 per year. One area of Town waters currently
has a waiting list for moorings, and there is a moratorium on issuance
of moorings in another area. The Town's creeks and bays are reaching
the maximum capacity for moorings, when balanced against the competing
needs for open water for recreational use and fairways for navigation
of boats. A gridded mooring area system is being instituted to maximize
the use of the waterways. Because of the limited availability of mooring
space, mooring permits will be for Shelter Island residents only.
Therefore, permits will be revoked when a permittee is no longer a
resident. Moorings for nonresidents can be obtained at a number of
commercial establishments. Fees collected herein will be used to cover
costs associated with the administration and operational services
and facilities related to enforcement of this chapter in Town waters.
This chapter is adopted as a local law pursuant
to the authority of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meanings indicated:
BOAT OR VESSEL
Any floating object capable of carrying people as a means of transportation in water, including any airplane capable of landing on water as well as any floating structure, not otherwise considered to be part of a dock structure as defined in Chapter
53, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed devices located above or below mean high-water mark.
BOATYARD
A commercial facility having the primary function of building,
repairing and/or maintaining vessels, with or without provision for
sales of food and beverages, general supplies, fuel, vessels and equipment,
rental of space for berthing or storing vessels, and/or the rental
of commercial moorings.
CHANNEL
Water areas specifically reserved for unobstructed movement
of vessels and which are marked by aids to navigation permitted by
the U. S. Coast Guard and/or the State of New York and/or the Town
of Shelter Island.
CHOCK
The fitting or device through which the mooring line first
passes onto the vessel.
COMMERCIAL MOORING
A Town-registered mooring that is rented out by a boatyard,
marina, yacht club or commercial entity, which business must be located
on the waterfront. Rental of stake, mooring and pulley systems is
prohibited.
[Added 7-9-2010 by L.L. No. 8-2010]
COMMERCIAL VESSEL
Includes a boat or vessel which is registered as a commercial
vessel with New York State or the U. S. Coast Guard and/or whose owner
has a commercial fishing or commercial shellfishing license.
FAIRWAY
Any designated and/or maintained waterways area reserved
exclusively for unobstructed transit of vessels through waters unencumbered
by navigational hazards or reserved for other purposes; and, including
those waters extending not less than 25 feet parallel to and outside
of each side of any federally designated navigational channel.
HOLDING MOORING
A mooring used by a boatyard or marina for temporarily securing
a vessel before its hauling or launching, and not for rental purposes.
MARINA
A commercial waterfront facility having the primary function
of providing rental space for berthing vessels, with or without provision
for sales of food and beverages, general supplies, fuel, boats and
equipment, vessel repairs and maintenance, and the rental of commercial
moorings.
MOOR OR MOORING
When used as a verb, shall mean the attachment of or to attach
a vessel to the ground by means of tackle previously placed and so
designated that upon disconnection of a vessel from said tackle a
buoyed part of the tackle remains attached to the ground and is not
taken under control of the vessel. When used as a noun, it shall mean
any assembly consisting of a mooring buoy together with an anchor
or its equivalent, and lines of any material connecting the two for
the purpose of mooring a vessel.
MOORING FIELD
An area of waterways reserved for exclusive occupancy by
moored vessels.
MOORING GRID
A configuration of mooring placements within a mooring field,
such configuration designed to optimize the utilization of area within
the mooring field.
OWNER
Includes the person or persons in whose name a boat or vessel
is registered with a state, or documented with the U. S. Coast Guard,
or in any case, the last known person claiming lawful possession of
such vessel, either through legal title or equitable interest therein.
Also includes a person who leases or charters a boat for a period
of not less than three years from the date of application for a Town
mooring permit.
[Amended 6-2-2006 by L.L. No. 5-2006]
PENNANT
The length of chain, rope and other connecting lines between
the anchor and the chock of the vessel being moored.
PERMITTEE
A person holding a valid mooring permit.
PERSON
Any individual, firm, partnership, trust, corporation, company,
association, or organization.
PLEASURE VESSEL
Includes all boats or vessels other than commercial, governmental
or institutional vessels.
PRIVATE MOORING
A mooring used for a specifically identified vessel owned,
leased or chartered by the person in whose name the mooring is registered
with the Town.
RESIDENT
Includes any person who has resided in the Town of Shelter
Island for a period of not less than six months immediately preceding
an application for a permit hereunder or who is the owner of real
property in the Town, or in the case of an organization, where the
majority of owners or beneficiaries are residents.
RIPARIAN RIGHTS
The right of an owner of waterfront property to reasonable
access to navigable waterways.
RIPARIAN OWNER MOORING
A private mooring, belonging to a waterfront property owner,
the use of which is not limited to a specifically identified vessel.
Only one riparian mooring is permitted to a waterfront property owner.
[Amended 6-2-2006 by L.L. No. 5-2006]
SCOPE
Usually expressed as the ratio of the pennant length to water
depth at specified tidal elevation, the water depth including height
of chock above water surface and often a provision for storm surge.
STAKE, MOORING AND PULLEY SYSTEM
A system consisting of an in-ground or equivalent stake above
the mean high-water mark or on a bulkhead and a mooring in immediately
adjacent waterways, both connected by lines and pulleys.
[Amended 6-2-2006 by L.L. No. 5-2006]
TOWN
The Town of Shelter Island.
TOWN BOARD
The Town Board of the Town of Shelter Island.
TOWN CLERK
The Town Clerk of the Town of Shelter Island.
TOWN WATERS
All waters below the mean high-water mark over which the
Town of Shelter Island has jurisdiction.
WAITING LIST
A roster, in chronological order, of qualified candidates
for a mooring permit, reflecting priority entitlements as provided
herein, who seek a specific location within a given area prescribed
for that purpose, when the sought after area does not offer a vacancy.
WINTER STAKE
A marker which replaces a mooring buoy and which bears the valid permit number as prescribed in this Code Chapter
90.
[Added 6-2-2006 by L.L. No. 5-2006]
A. Permits may be revoked for any of the following reasons:
(1) The permittee is no longer a Town resident.
(2) If the mooring is not placed on station before July
1 or within nine months of permit issuance, whichever is sooner.
(3) If a mooring is placed without a permit, or in a location
other than the one for which the mooring has a permit.
(4) If a mooring fails to meet the minimum requirements
set forth in the rules and regulations.
B. Permits may be revoked after notice of revocation
is sent by certified mail to the permit owner, or mooring holder if
known, at the last known address. The Bay Constable or Police Department
shall be in charge of enforcement. Notice of revocation shall give
the mooring owner 15 days' notice of the intent to revoke the mooring
permit, and offer a hearing on the revocation in front of the Town
Board. After 15 days, and after the hearing if requested, the Town
Board may adopt a resolution of mooring revocation stating the reasons
for revocation, and file it with the Town Clerk.
C. In the event of revocation, no portion of the permit
fees will be refunded.
D. If a permit is revoked, or if a mooring does not have
a permit, written notice to remove it has been sent to the owner giving
30 days' notice to remove. If said mooring or stake, mooring and pulley
system is not removed within this time, or if notice cannot be reasonably
given after diligent effort is made to effect such notice, said mooring
may be removed by or at the direction of the Town at the owner's expense.
The tackle may be sold by the Town at a public auction, and the expense
of removal, storage and sale may be collected by the Town from the
sale proceeds before any excess is returned to the owner.
Boatyards and marinas as defined herein, the
Shelter Island Yacht Club, and other institutions and commercial entities,
having exclusive mooring fields approved by Town Board resolution,
are exempt from the requirement that each permit be issued for a specific
boat or vessel.
Requests for a particular location or area of
Town waters will be treated in accordance with the following priority
guidelines:
A. Riparian property owners who do not have a mooring
permit.
B. Displaced permittee from existing mooring.
C. Resident commercial vessel owners, who do not have
a mooring permit.
D. Resident pleasure vessel owners, who do not have a
mooring permit.
E. Resident commercial businesses applying for a holding
mooring(s), who do not have a mooring permit.
F. Current permit holders applying for additional moorings.
[Added 9-16-2016 by L.L.
No. 5-2016]
A. In addition to the provisions of §
90-9, the following additional regulations shall apply to the 10 mooring boat slips along the Silver Beach Lagoon bulkhead:
(1) Replacement tackle must be low-profile, pyramid-type moorings.
(2) The length of the chain from mooring to buoy shall be 15 feet.
(3) The maximum lengths and beams of vessels using these slips shall
be limited to the following:
(a)
Bulkheaded area berths SBL 05 - SBL 09: maximum length of 23
feet and maximum beam of eight feet.
(b)
Bulkheaded area berths SBL 10 - SBL 14: maximum length of 23
feet and maximum beam of 8.5 feet.
B. In addition to the provisions of §
90-9, the following additional regulations shall apply to the four-stake, mooring and pulley systems along the north side of the Silver Beach Lagoon:
(1) Replacement tackle must be low-profile, pyramid-type moorings.
(2) Stake, mooring and pulleys SBL 01 - SBL 04: maximum length of 17
feet and maximum beam of eight feet.
The Town Board reserves the right to enact additional
rules and regulations with respect to moorings and stake, mooring
and pulley systems. Any permit hereafter issued shall be issued subject
to the permittee conforming to the rules and regulations now in force
and effect or that thereafter may be adopted by resolution of the
Town Board or amendment to this chapter.
[Amended 5-8-2009 by L.L. No. 5-2009]
A. No mooring
or stake, mooring and pulley system permits shall be issued for the
following Town waters, except to riparian owners:
(6) Any
designated transient anchoring areas.
B. Riparian
owners may apply for a permit to install either a stake, mooring and
pulley system or a dock commencing from their property, but they may
not install both.
In the event that any portion of this chapter
is hereafter found to be invalid, such invalidity shall not affect
the remaining portions of this chapter.
A violation of any provision of this chapter
shall be an offense against this chapter which shall be punishable
by a fine of not more than $750 or imprisonment for a period not exceeding
15 days for each offense, or by both fine and imprisonment, and by
the revocation of any permit hereunder held by any person found guilty
of such violation.