[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987; amended in its entirety 3-17-1998 by L.L. No.
6-1998, effective 3-20-1998. Subsequent amendments noted where applicable.]
The bay and harbor bottoms of the Town of Brookhaven
are an important natural resource which supports a diverse assemblage
of benthic fauna. The commercial and recreational harvesting of shellfish
continues to provide a livelihood and a means of recreation to the
residents of the Town of Brookhaven. In recent years, there has been
a dramatic increase in the number of boat moorings placed on Town-owned
underwater lands. The unregulated, unplanned, and uncontrolled placement
of moorings has resulted in use conflicts between the baymen, some
recreational boaters and the mooring owners. By virtue of the Town
of Brookhaven's ownership of the lands underwater, it is the intent
of this chapter to regulate the placement of boat moorings to avoid
use conflicts and provide for safe navigation and the protection of
existing natural resources, public health and welfare, and to ensure
that areas for water-dependent recreational activities are available
to the residents of the Town of Brookhaven.
As used in this chapter, the following terms
shall have the meanings indicated:
Any watercraft or other contrivance used on or capable of
being used as a means of transportation in water.
An elevated walkway, usually built to gain access to a commercial
or residential dock, built at a fixed height above grade and which
is constructed landward of the apparent highwater line.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
The Commissioner of Planning, Environment and Land Management.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
See “mooring area.”
The Director of the Division of Environmental Protection
or the designee of the Commissioner of Planning, Environmental and
Land Management.
[Amended 1-25-2018 by L.L. No. 2-2018, effective 2-6-2018]
The customary, usual and normal activity to restore the sound
and good state of a dock after normal decay or degradation from normal
use or exposure to the elements. This includes the routine maintenance
necessary from time to time to keep a structure in a state of good
repair, including, but not limited to: the incidental replacement
of decking lumber for a dock, catwalk, or floating dock or other alterations
which do not require a building permit, increase the square footage
of an existing structure, or replace structural supports that are
anchored or installed firmly into the ground or provide load-bearing
support.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
That form of written Town approval required to place a dock
on Town-owned land and underwater lands as specified under this chapter.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
An elevated walkway which is constructed at a fixed height
above grade and which extends seaward from the apparent high-water
line.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
Any structure, raft or floating platform which is designed
to float upon the surface of a water body and is secured in place
by poles, pilings, anchors, or any other type of mooring system that
provides access to the water. A floating dock shall include the float
itself, any pilings or mooring system designed to keep the dock at
a fixed point and the ramp, which spans the distance from a fixed
structure (fixed dock or bulkhead) or shoreline to the floating dock.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
Any vessel in fact used, designed or occupied as a dwelling
unit, business office or source of any occupation or for any private
or social club of whatsoever nature, including but not limited to
a structure constructed upon a barge primarily immobile and out of
navigation which functions substantially as a land structure while
the same is moored or docked within the municipal limits of the Town
of Brookhaven, whether or not such vessel is self-propelled.
Any anchorage system which by design and/or construction
is not capable of or is not normally retrieved when a vessel or boat
leaves its anchorage, or is used to semipermanently secure in place
any boat, barge, floating home, scow, raft, float, or any other vessel
or floating object. A mooring includes, but is not restricted to,
an anchorage system consisting of an anchor or weight attached to
a length of chain and/or line secured to a mooring buoy or float.
Any Town-owned bay or harbor bottom, or other underwater
lands, so designated by the Trustees of the Freeholders and Commonalty
of the Town of Brookhaven as such, where mooring may occur without
a mooring permit as required by this chapter.
That form of written Town approval required to place a mooring
on Town-owned underwater lands as specified under this chapter.
Any assemblage of hardware, rope, line, wire or chain which
is used to attach a mooring anchor or weight to a float or buoy.
All that area of land underwater depicted by a map entitled
"MOUNT SINAI HARBOR MOORING AREA" as "Mooring Areas - Permit Required"
and those lands indicated on said map as "Leased and/or Licensed Underwater
Lands No Public Mooring" and further described as located north of
the tidal marsh islands and excluding the areas: within the navigational
channel; all areas within 100 feet of the apparent low water mark
of the shoreline of Mount Sinai Harbor; all areas within 100 feet
of any marsh island as measured by the seaward limit of the Spartina
alterniflora vegetation; all areas within 100 feet of any Town dock,
commercial or private dock, launching ramp or Town-leased and/or -licensed
underwater lands.
Those channels so designated and identified on federal navigation
charts and those channels in common use for local navigation and so
identified by navigational buoys or markers.
Any firm, partnership, corporation, association or individual.
All that area situate within the area 100 feet east of the
main navigational channel and south of the line drawn 1,500 feet north
of the existing location of the green navigational "7" buoy to a point
of land located at the northernmost point of the bulkhead located
at the end of Motts Hollow Road, excluding those areas within 200
feet of the apparent low water mark of any shoreline, within 500 feet
of any recreational or commercial dock or pier or within 1,500 feet
of the northernmost tip of the Bridgeport-Port Jefferson ferry terminal
dock; all that area known as “Setauket Harbor” and located
west and south of an imaginary line extending west into the harbor
from the intersection of Van Brunt Manor Road and Tinker Lane in Poquott
and excluding all areas within one hundred 100 feet of the apparent
low water mark of the shoreline, and those areas known as “Little
Bay” and “Scott's Cove.”
The surface waters of Port Jefferson Harbor, Setauket Harbor,
Lithe Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount
Misery extending west following the shoreline to 1,500 feet northwest
of Old Field Point, also known as the "Harbor Complex."
[Added 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
The action by which a powered vessel is tied to a dock or
anchored to a stationary point while the motor is engaged to blow
out or remove sediments using the prop wash to scour the material
around a dock to increase water depth.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
Any fixed dock and/or floating dock designed or constructed
as a continuous unit to provide access to the surface waters from
a lot that is zoned for residential use. The term "dock" shall include
all associated structures such as ramps and mooring piles.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
A mooring area designated by the Town Board pursuant to § 10-29D(2) of the Brookhaven Town Code, and any amendments thereto.
[Added 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
The bottom of any bay, creek, harbor or tidal wetland over
which the tide ebbs and flows, the title to which is vested in the
Trustees of the Freeholders and Commonalty of the Town of Brookhaven
or in the Town of Brookhaven.
A.
No person shall place or cause to be placed a mooring
on any underwater lands within the Town of Brookhaven without first
obtaining a mooring permit from the Town of Brookhaven's Division
of Environmental Protection.
[Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
B.
No person shall tie to or secure any boat, vessel,
floating home, barge, scow, raft, float or any other object to any
mooring which has not first received a mooring permit from the Town
of Brookhaven's Division of Environmental Protection.
[Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
C.
Exceptions. The requirements of this chapter shall
not be applicable to the following uses:
(1)
Temporary mooring installed to facilitate work on
projects for which a valid wetlands and waterways permit has been
issued by Town of Brookhaven;
(2)
Temporary mooring installed to facilitate work on
projects financed or undertaken by the government of the United States
of America, the State of New York, or any political subdivision thereof,
the County of Suffolk, or the Town of Brookhaven; and
(3)
Moorings located within a Town mooring area as defined in and regulated under Chapter 10 of the Town Code of the Town of Brookhaven. Moorings placed or installed within a Town mooring area shall require a mooring permit pursuant to Chapter 10 of the Town Code of the Town of Brookhaven and any amendments thereto.
[Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
(4)
Moorings located within the Port Jefferson Harbor Complex as defined and regulated under Chapter 74 of the Brookhaven Town Code. Moorings placed or installed within the Port Jefferson Harbor Complex shall require a mooring permit pursuant to Chapter 74 of the Town Code of the Town of Brookhaven, and any amendments thereto.
[Added 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
[Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
Any person proposing to place or cause to be
placed a mooring upon any underwater lands within the Town of Brookhaven
shall file a permit application with the Division of Environmental
Protection, on such forms as promulgated by the Director and shall
include:
A.
A statement of authority from the applicant for any
agent making application;
B.
The exact location of the mooring placed on a navigation
chart with either the longitude and latitude or distances to at least
two permanent landmarks indicated;
C.
An accurate description of the mooring system to be
employed indicating the type and weight of the anchor, the length
of the chain, and the size and type of the mooring buoy;
D.
A notarized affidavit signed by the applicant which
indemnifies and holds harmless the Town of Brookhaven from any liability
claims, in such form as shall be approved by the Town Attorney;
E.
A copy of the current registration, title, and/or
documentation papers of the boat or vessel if applicable;
F.
Other factual information as the Director deems necessary
and/or appropriate; and
G.
Payment of a fee as otherwise required by the Code.
A.
In granting, denying or limiting any mooring permit,
the Division of Environmental Protection shall consider: navigation,
public access to water-dependent recreational activities, shellfishing
and other natural resources, public health and welfare, the potential
impact of the mooring on the access of the waterway by local waterfront
property owners, and access to the mooring from the adjacent upland
or shoreline.
B.
The Division of Environmental Protection shall give
preference to those mooring applications which are:
(1)
For the sole use of a property owner or lessee of
nearby waterfront property; or
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
(2)
For sole use of residents of the Town of Brookhaven
or for the sole use of a locally based property owner's association,
yacht club or the like;
(3)
For proposed locations outside of certified shellfishing
areas; and
(4)
For proposed locations which are outside of normal
navigational lanes.
After issuance of a mooring permit, moorings
may be placed from March 1 through November 30. For just cause and
at the discretion of the Director, mooring permits may be issued with
no seasonal restrictions.
A mooring permit shall be valid for one mooring
season as defined herein.
Any holder of a mooring permit must display
the permit number, in numbers not less than three inches in height,
on the buoy or float attached to the mooring tackle.
[Amended 1-7-2014 by L.L.
No. 2-2014, effective 1-15-2014]
Mooring permit fees shall be established by
the Town Board and may be amended from time to time. Note: No fee
shall be assessed for permits issued for moorings placed or installed
on privately owned underwater lands.
Any person or applicant may appeal any decision
regarding a mooring permit to the Town Board of the Town of Brookhaven.
Said appeal must be taken within 30 days of the denial by the Director,
and made to the Town Clerk upon such forms promulgated by the Town
Clerk. Any person or applicant may appeal the Town Board determination
pursuant to Article 78 of the Civil Practice Law and Rules.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018[1]]
A.
No person shall use or tie a boat to a dock located on Town of Brookhaven
parkland (formerly owned by the Village of Mastic Beach) without first
obtaining a docking permit from the Town of Brookhaven's Division
of Environmental Protection.
B.
No person shall construct or repair a dock located on Town of Brookhaven
parkland or land underwater without first obtaining a permit or approval
from the Town of Brookhaven's Division of Environmental Protection
and any other regulatory agencies.
C.
No person shall violate the conditions of a dock permit issued by
the Division of Environmental Protection.
D.
Exceptions. The requirements of this chapter shall not be applicable
to the following:
(1)
The temporary docking of a vessel, not to exceed three days, due
to a storm event, mechanical failure, or other reasons necessary to
protect persons or private property;
(2)
Vessels located within property owned by the Mastic Beach Property
Owner's Association (known as "section one marina"); and
(3)
Vessels docked at the bulkhead within the Sheep Pen Creek embayment
formerly known as "section five marina."
E.
Restrictions:
(1)
The dock must be maintained in a condition that it is safe and not
a danger to navigation or public health and welfare. The maintenance
and repair of the dock shall be the sole responsibility of the dock
permit holder. The Division of Environmental Protection shall inspect
all docks in April of each year and any dock that is deemed unsafe,
and which has not been issued permits by all regulatory agencies to
complete the necessary repair by April 30 of that year, will be removed
by the Town of Brookhaven.
(2)
The docking permit shall be valid from the second Saturday in May
through the first Saturday in November. No overwintering of the vessels
shall be permitted.
(3)
No dock shall be relocated, altered or repaired without the issuance
of permits by the regulatory agencies.
(4)
A path to the dock will be via a single access path not to exceed
five feet in width. Unauthorized mowing or clearing will be considered
a violation of the docking permit.
(5)
No more than one vessel may be authorized to be attached to a dock
at any given time, unless the conditions of the dock permit state
otherwise.
(6)
No vessel that is tied to the dock will be permitted to rest on the
bottom. Docks must be of sufficient length to access navigable water
that has adequate depth to allow the vessel to float through all tidal
cycles with the engine in the tilt position.
(7)
Power dredging is prohibited.
(8)
Any holder of a dock permit must display the dock authorization sticker
supplied by the Town of Brookhaven. The permit sticker must be affixed
to the vessel in a location that is easily visible from the dock.
(9)
All dock permits shall expire at the end of the docking season.
(10)
The Town of Brookhaven's Division of Environmental Protection will
make every effort to ensure that a previously leased dock stays with
the lessee in subsequent years. Should a previous lessee not reapply
and pay for a docking permit by April 1 of each year, the dock will
be forfeit and either removed or leased to an applicant on a waiting
list.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
Any person proposing to place or cause to be placed a dock upon
underwater lands formerly owned by the Village of Mastic Beach within
the Town of Brookhaven shall file a permit application with the Division
of Environmental Protection, on such forms as promulgated by the Director,
and shall include:
A.
A statement of authority from the applicant for any agent making
application;
B.
The exact location of the dock placed on a map or navigation chart
with either the longitude and latitude or distances to at least two
permanent landmarks indicated;
C.
An accurate description of the dock;
D.
A notarized affidavit signed by the applicant which indemnifies and
holds harmless the Town of Brookhaven from any liability claims, in
such form as shall be approved by the Town Attorney;
E.
A copy of the current registration, title, and/or documentation papers
of the boat or vessel if applicable;
F.
Other factual information as the Director deems necessary and/or
appropriate; and
G.
Payment of a fee as required.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
A.
In granting, denying or limiting any dock permit, the Division of
Environmental Protection shall consider: navigation, public access
to water-dependent recreational activities, shellfishing and other
natural resources, tidal wetland protection and protection of the
flora and fauna of the benthos, public health and welfare, and access
to the dock from the adjacent upland or shoreline.
B.
The Division of Environmental Protection shall give preference to
dock applications which are:
(1)
For the sole use of a property owner who previously leased the dock
and/or residents of the former Village of Mastic Beach; or
(2)
For residents who hold valid fishing or shellfishing licenses from
the Town of Brookhaven and the New York State Department of Environmental
Conservation; and
(3)
Holders of valid mariculture permits.
[Added 1-25-2018 by L.L.
No. 2-2018, effective 2-6-2018]
Any person or applicant may appeal any decision regarding a
dock permit to the Town Board of the Town of Brookhaven. Said appeal
must be taken within 30 days of the denial by the Director, and made
to the Town Clerk upon such forms promulgated by the Town Clerk. Any
person or applicant may appeal the Town Board determination pursuant
to Article 78 of the Civil Practice Law and Rules.
A violation of the foregoing shall be an offense
punishable by a fine of not less than $100 and not exceeding $250.
Each violation shall be a separate and distinct offense. Each day's
continued violation shall constitute a separate and additional violation.
The various parts, sections and clauses of this
chapter are hereby declared to be severable. If any part, sentence,
paragraph, section or clause is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected thereby.
