[HISTORY: Adopted by the Board of Trustees of the Village of Old
Field 6-12-2001 by L.L. No. 1-2001. Amendments
noted where applicable.]
A.
Portions of the Village of Old Field's shoreline
bounds the waters of the Port Jefferson Harbor Complex (hereinafter referred
to as the "Harbor Complex"). The Harbor Complex is an attractive place to
live or visit due to the harbor's excellent conditions to moor, anchor
and operate vessels, the bustling commercial waterfront area and the high
quality of the harbor's beaches, wetlands, habitats, surface waters and
coastal landscape. The Harbor Complex contains regionally significant commercial
port and wildlife resources and habitats of local, state and federal significance.
B.
The authority to regulate the surface waters of the Harbor
Complex is held by five separate municipalities. This circumstance of multiple
jurisdictions necessitates a coordinated, intermunicipal approach to ensure
adequate management of the Harbor Complex.
C.
In recognition of the need for a coordinated, intermunicipal
approach to manage the Harbor Complex, the Village of Old Field joined with
the Town of Brookhaven and the Villages of Belle Terre, Poquott and Port Jefferson
to prepare and adopt the Port Jefferson Harbor Complex Harbor Management Plan
(hereinafter referred to as the "Harbor Management Plan"). Consistent with
the recommendations of the Harbor Management Plan, the Village of Old Field
declares that the purpose of this chapter is to implement the intermunicipal
agreement between the Town of Brookhaven and the Villages of Belle Terre,
Port Jefferson, Old Field and Poquott and to establish uniform definitions,
standards, requirements and procedures for safe operation of vessels, and
mooring and anchorage of vessels, within the waters of the Harbor Complex.
The intent of this chapter is to ensure that the portions of the Harbor Complex
controlled by the Village of Old Field remain an attractive place to live
and visit, and to ensure its continued economic and environmental vitality
for current and future generations by:
(1)
Minimizing user conflicts through efficient use and equitable
allocation of the waters of the Harbor Complex for a variety of commercial,
industrial and recreational uses;
(2)
Enhancing public and vessel safety;
(3)
Improving conditions for navigation for all user groups
by ensuring safe and unencumbered navigation for all vessel types and sizes;
(4)
Protecting and enhancing high quality natural resource
values by minimizing impacts from uses on natural resources and water quality;
(5)
Ensuring access to and protecting marketable shellfish
resources; and
(6)
Better protecting privately owned shoreline property.
This chapter shall be known as and may be cited as the "Old Field -
Port Jefferson Harbor Complex Waterway Law."
A.
Pursuant to the provisions of New York State Executive
Law, Article 42, New York State Navigation Law §§ 46 and 46-a,
New York State Municipal Home Rule Law, § 10, the Village of Old
Field, County of Suffolk, State of New York, hereby enacts this chapter.
B.
The Surface Water Use Chart dated June 2000, and any
amendments thereto, on file in the office of the Town of Brookhaven Division
of Environmental Protection and Old Field Village Clerk, is, as it pertains
to all those areas being within 1,500 feet from the shore bounding or bordering
from the Village of Old Field, hereby adopted, incorporated and made a part
of this chapter.
For the purpose of this chapter, the following terms and phrases shall
be given the meanings indicated as follows:
Any vessel that is not properly secured or attached to a mooring
which is not properly maintained.
Surface waters that provide for unobstructed movement and free passage of vessels, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
A specially shaped, weighted device designed to dig efficiently into
the underwater lands and hold a vessel within a given radius despite winds
and currents.
The act of securing a vessel for a temporary period of time to the
underwater lands, by dropping an anchor or other device, other than a mooring,
to underwater lands.
A commercial vessel/boat used primarily for the transporting of goods
on waterways, usually propelled by towing.
An area, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart, designated for the mooring of barges.
The act of driving or pulling a vessel onto the shoreline.
See "vessel."
Any vessel operated for a fee, excluding charter boats, liveries
or water taxis and excursion boats.
An area specifically for the mooring of vessels, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
A program operated by a private, municipality or not-for-profit organization
or educational institution for the purpose of teaching sailing and boating
skills.
The federally designated channel within the Harbor Complex as authorized
by the United States Congress in 1890, delineated on the NOAA Chart and as
shown on the Surface Water Use Chart.
Areas for specified uses as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
A formal or informal association of homeowners who own or control
waterfront property within the Port Jefferson Harbor Complex.
The act of securing a vessel in or upon the water by attaching a
vessel to the ground or lands underwater by means of a mooring.
A semi-permanent anchorage system which, by design, is not normally
retrieved when a vessel leaves the anchorage system. A mooring includes, but
is not limited to, a system consisting of an anchor, weight or other device
attached to a length of chain and/or line secured to a float or buoy.
Required written authorization to place a mooring on any underwater
lands within the Harbor Complex as specified under this chapter.
The period of time from March 1 through December 15, inclusive, of
the same calendar year.
Any assemblage of hardware, rope, line, wire or chain that is used
to secure a mooring anchor, weight or other device to a buoy or vessel.
An area that is environmentally sensitive, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
Any individual, public or private corporation, firm, association,
partnership, political subdivision, government entity or any other legal entity.
Any material or combination of material, including but not limited
to bottles, glass, cans, junk, paper, scrap metal, garbage, rubbish or trash;
or any untreated sanitary waste, oil or gas which, because of its quantity,
concentration or physical, chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness to marine
life; or
Pose a substantial present or potential hazard to public health, safety
or the environment; or
Render the water unsightly, noxious or otherwise unwholesome so as to
be detrimental to the public health, safety, welfare or to the enjoyment of
the waters of the Harbor Complex.
For the purpose of this chapter, the surface waters of Port Jefferson
Harbor, Setauket Harbor, Little 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," which
lie within 1,500 feet from the shore bounding or bordering from the Village
of Old Field.
The plan prepared for the Port Jefferson Harbor Complex dated March
1999, adopted by the Town of Brookhaven and the Villages of Belle Terre, Old
Field, Poquott and Port Jefferson.
The attachment of two or more vessels together to an anchor or mooring.
Any person who has his place of abode in the Village of Old Field
and/or any person who owns real property within the Village of Old Field.
An area designated for the protection of shellfish resources, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
The line of the shore defined as that area where the water meets
the land at any given time or tide.
The rate at which a vessel travels over the surface of the water,
measured by the distance traveled in miles per hour or parts thereof.
A chart of the surface waters and underwater lands and delineated
use areas within the Port Jefferson Harbor Complex within the Town of Brookhaven
and all surface waters within 1,500 feet from the shore bounding or bordering
from the Village of Belle Terre, Village of Old Field, Village of Poquott
and Village of Port Jefferson prepared pursuant to the Port Jefferson Harbor
Complex Harbor Management Plan dated June 2000, and any amendments thereto,
on file in the office of the Town of Brookhaven Division of Environmental
Protection and the Village Clerk. For the purpose of this chapter, references
to said chart pertain to all those areas being within 1,500 feet from the
shore bounding or bordering from the Village of Old Field.
An area of surface water along the shoreline delineated by buoys,
lifelines or perimeter ropes for the purpose of recreational swimming.
The area that a vessel, secured to a mooring or anchor, can or may
traverse as it rotates around a mooring or anchor in response to winds and
currents.
All banks, bogs, meadows, flats and tidal marshes subject to tides
and upon which grow the following vegetation, but not limited to: salt meadow
grass (Spartina patens), salt grass (Distichlis spicata) or salt marsh cordgrass
(Spartina alternifiora).
Every description of watercraft or other contrivance used or capable
of being used as a means of transportation in or on the water, including aircraft
such as seaplanes, personal watercraft and specialty prop-craft as defined
under New York State Navigation Law § 2 and any amendments thereto.
The track left by a vessel in the water or under the water.
The owner of any property that includes or adjoins mean high water
and is thus entitled to riparian or littoral access.
The towing of a person or persons on water skis, a kneeboard, wakeboard,
tube or other similar device by a line attached to a vessel.
A.
Access lanes. The following access lanes are hereby established,
as described herein and depicted on the Surface Water Use Chart:
(1)
Conscience Bay - The Narrows Access Lane: located west
of the Federal Navigation Channel generally in an east-west direction for
approximately 1.2 miles at a constant width of 100 feet.
(2)
Setauket Harbor Access Lane: generally located west of
the Federal Navigation Channel, extending in an east-west direction for approximately
.57 mile, at a constant width of 100 feet. The total distance of the access
lane is 1.04 miles.
(3)
Belle Terre Access Lane: located east of the Barge Mooring
Area and the Southeast Mooring Area, extending in a southern direction parallel
to the western shore of Belle Terre for approximately .87 mile at a constant
width of 100 feet.
B.
Mooring areas. The following areas are hereby established
as designated mooring areas, as described herein and depicted on the Surface
Water Use Chart:
(1)
Barge Mooring Area: located east of the Federal Navigation
Channel in the northeast portion of Port Jefferson Harbor, and southwest of
Pirates Cove.
(2)
Educational Sailing Program Mooring and Operation Area:
located east of the Federal Navigation Channel in the southeast part of Port
Jefferson Harbor.
(3)
Northeast Mooring Area: located east of the Federal Navigation
Channel in the northeast corner of Port Jefferson Harbor in an area locally
known as "Pirates' Cove," "The Hole" or "Seaboard Cove."
(4)
Northwest Mooring Area: located west of the Federal Navigation
Channel in Port Jefferson Harbor, south of the Conscience Bay - Narrows Access
Lane.
(5)
Setauket Harbor: located west of the Federal Navigation
Channel in Setauket Harbor along the shorelines of Strong's Neck and
Poquott Village.
(6)
Southeast Mooring Area: located east of the Federal Navigation
Channel comprising a significant portion of the eastern part of Port Jefferson
Harbor.
(7)
Southwest Mooring Area: located west of the Federal Navigation
Channel in Port Jefferson Harbor along the eastern shoreline of the Village
of Poquott.
[Amended 4-15-2004 by L.L. No. 1-2004]
A.
No person shall operate any vessel in excess of 30 miles per hour in any waters of the Harbor Complex except as provided in Subsection C below.
B.
No person shall operate any vessel in excess of five miles per hour, or in such a manner that an excessive or destructive wake is created within the following areas, except as provided in Subsections C and D below:
C.
Law enforcement and emergency vessels. All federal, state
and local law enforcement and emergency vessels shall be exempt from all set
speed limits while engaged in the performance of their official duties.
D.
Exceptions.
(1)
Commercial vessels, as defined under this chapter, shall
adhere to all set speed limits as set forth in this section when wind, weather
or sea conditions require the use of a higher speed for safe piloting, and
provided that:
(2)
Waterskiing. Within Conscience Bay or Little Bay, a vessel
may be operated at a maximum speed of up to 30 miles per hour, provided such
vessel is actually engaged in waterskiing as defined under this chapter.
A.
A.
Prudent operation. Within all waters of the Harbor Complex,
no person shall operate or maneuver any vessel in an unreasonable manner that
may result in endangering or causing injury or damage to, or placing at risk,
any person, property or the environment. The term "maneuver" shall include
but not be limited to:
(1)
Weaving through congested traffic;
(2)
Jumping the wake of another vessel at a distance unreasonably
or unnecessarily close to such vessel;
(3)
Jumping the wake of another vessel when such vessel's
visibility is obstructed; or
(4)
The operation of a vessel unreasonably close to another
vessel so as to create the possibility of a collision.
C.
Pollution. No person shall discharge at any time any
untreated sanitary waste or other pollutants, as defined in this chapter,
within any area of the Harbor Complex.
D.
Noise.
(1)
Muffler required. No person shall operate a vessel with
an outboard or an inboard motor unless equipped with an adequately muffled
exhaust, as set forth in Navigation Law § 44, and any amendments
thereto.
(2)
Noise restrictions.
(a)
No person shall use any noise-producing or noise-amplifying
instrument on any vessel in such a manner that it endangers the safety or
health of any person, or disturbs a reasonable person of normal sensitivities
or endangers personal or real property.
(b)
No person shall engage in any activity or cause any noise
disturbance that disturbs the reasonable quiet, comfort or repose of occupants
of adjacent vessels or adjacent shorefront residences between the hours of
11:00 p.m. and 6:00 a.m., prevailing time.
(3)
Engine decibel levels. No person shall run or operate
any vessel engine where the decibel level exceeds the recommended levels as
per the New York State Navigation Law, Article 4, and any amendments thereto.
E.
Beaching. No person shall beach any vessel in an area
containing vegetated tidal wetlands, as defined under this chapter, or in
such a manner as to cause damage or harm to any vegetation.
F.
Interference with markers. No person shall interfere,
damage, deface or otherwise cause harm to any navigation aid, including but
not limited to buoys, beacons or other fixed objects in the water which are
used to mark obstructions, or provide information or direct navigation through
safe channels.
G.
Waterskiing.
(1)
No person shall waterski within 300 feet of the shorelines
of Conscience Bay or Little Bay.
(2)
No person shall engage in waterskiing in any area of
the Harbor Complex during the period from sunset to sunrise.
(3)
No person shall operate a vessel for waterskiing in any
area of the Harbor Complex unless there is in such a vessel a person, other
than the operator, at least 10 years of age, in a position to observe the
person being towed.
A.
Designated mooring areas and restrictions.
(1)
The mooring of any vessel or the placement, location
or installation or use of any mooring within the Harbor Complex shall only
be permitted within a designated mooring area, as described under this chapter
and depicted on the Surface Water Use Chart.
B.
Barge Mooring Area. Within the designated Barge Mooring
Area, permitted barge moorings shall have the right to remain in place, at
the authorized location, for the permitted year. The harbormaster or bay constable
may require barge moorings to be removed and inspected on an annual basis
if deemed necessary.
C.
Educational Sailing Program Mooring and Operation Area.
Within the designated education sailing program area, moorings shall only
be permitted for use by educational sailing programs.
D.
Shellfish protection areas. Within any designated shellfish
protection area, the anchoring or mooring of any vessel, or any form of disruption
or any disturbance to the bottom or underwater lands, shall be prohibited.
E.
Restricted use of Belle Terre Access Lane. No person
shall operate any vessel exceeding 30 feet in length within any surface waters
within the Belle Terre Access Lane, as described under this chapter and depicted
on the Surface Water Use Map.
A.
Mooring permits required.
(1)
A mooring permit in accordance with this chapter shall
be required prior to any person:
(2)
Exceptions. A mooring permit shall not be required for
any mooring temporarily installed to facilitate approved dredging, approved
dock construction or other approved water-related work projects.
(3)
A permit obtained from the Town of Brookhaven does not
relieve a person of the necessity to obtain a permit or approval as required
by any other governmental entities.
D.
Display of permit number. Mooring permit identification
numbers must be clearly displayed, not less than three inches in height, on
the buoy or float attached to the mooring tackle. A copy of the permit placard
issued by the Town of Brookhaven must be clearly posted on any vessel attached
to a mooring in such a manner that allows the harbormaster or bay constable
to identify and compare the permit identification numbers on the mooring buoy
to the moored vessel.
E.
Nontransferability of mooring permit. No person holding
a mooring permit shall transfer the permit to any person without written consent
from the Town of Brookhaven.
F.
Acceptance of mooring permit. Acceptance of a mooring permit shall constitute an agreement and acknowledgment that the permit owner will hold the Village of Old Field and Town of Brookhaven, including their authorized representatives, completely harmless from any liability or expenses incurred in connection with the mooring, and/or the removal, storage, impounding or towing of the mooring or moored vessel as set forth in § 16-14 of this chapter.
G.
Revocation of mooring permit. The Town of Brookhaven
may suspend, revoke or refuse to renew any mooring permit upon a showing that
the permit owner failed to comply with the provisions of this chapter. Prior
to the Town of Brookhaven revoking or refusing to renew any mooring permit,
written notice shall be sent to the Village Clerk and the permit owner, by
certified or registered mail to the address provided on the last application.
The written notice shall set forth the reasons for such revocation or nonrenewal
and provide the permit owner an opportunity to present any evidence regarding
the revocation or nonrenewal. Nonuse of an assigned mooring location for a
period of 120 consecutive days may constitute a sufficient basis for such
revocation or nonrenewal. Any revocation or nonrenewal shall be effective
48 hours after the Town of Brookhaven's decision, and the permit owner
shall remove said vessel or mooring within that time period. Failure to remove
the vessel shall be a violation of this chapter.
A.
Vessel restrictions. No person shall secure a vessel
to any mooring in a manner that causes such vessel to interfere with or be
within:
B.
Nonauthorized use of moorings. No person shall rent,
lease or accept any monetary consideration for the use of any installed mooring.
C.
Minimum mooring tackle standards.
(1)
Mooring installation.
(a)
No person shall install, place or cause to be placed
any mooring within the Harbor Complex unless such mooring is of sufficient
size, strength and condition to hold the moored vessel safely in severe storm
conditions.
(b)
All installed moorings must include a nonmetallic mooring
buoy and a pennant float, commonly known as a "pick-up stick."
(2)
Mooring use. No person shall secure any vessel to an
installed mooring unless the mooring tackle is of sufficient size and strength
to hold the moored vessel.
D.
Mooring maintenance required.
(1)
All mooring owners shall be:
(a)
Responsible for maintaining their mooring lines, tackle
and chafe gear in order to provide for the safe and secure mooring of their
vessels; and
(b)
Liable for any damage caused to their own vessel or to
any other vessel resulting from the mooring owner's reckless action or
negligence in maintaining any mooring lines, tackle and chafe gear.
(2)
Upon the failure of any person to provide for the safe
and secure mooring of any vessel, the Town of Brookhaven may properly secure
such vessel. The failure of any person to provide for the safe and secure
mooring of any vessel will result in such person being responsible and liable
for all costs, including but not limited to labor, materials and administrative
fees, incurred by the Town of Brookhaven in properly securing the vessel.
E.
Expiration of mooring season.
(1)
Except as set forth in Subsection E(2) herein, within five days of the expiration of the mooring season, as defined under this chapter, all moorings and mooring tackle must be removed by the owner. The failure to remove any mooring or mooring tackle may result in the Town of Brookhaven removing such mooring and mooring tackle, and the permit owner or registrant shall be responsible for all costs incurred by the Town of Brookhaven for the removal of such mooring and/or mooring tackle, in addition to any fines for any violations of this chapter.
F.
Mooring inspection. The harbormaster, bay constable or
other duly authorized employee of the Town of Brookhaven or other qualified
professional is authorized to inspect any mooring tackle placed within any
area of the Harbor Complex either prior to installation or after removal of
such mooring at the end of the mooring season. If at any time during the mooring
season, visual wear to the pennant or mooring buoy is observed by the harbormaster
or bay constable that would render such mooring unsafe, the mooring owner
will be responsible for repairing or replacing the worn equipment at the owner's
sole expense.
In accordance with this chapter, any person proposing to place or causing
to be placed a mooring within the Port Jefferson Harbor Complex shall file
a permit application with the Town of Brookhaven Division of Environmental
Protection on forms promulgated by the Town of Brookhaven Director of the
Division of Environmental Protection. The granting, denying or conditioning
of any mooring permit shall be in accordance with the Town of Brookhaven Port
Jefferson Harbor Complex Waterway Law, and any amendments thereto.
Any person or applicant may appeal any decision regarding issuance or
denial of a mooring permit to the Town Board of the Town of Brookhaven. Said
appeal must be taken within 30 days of the Director's decision and made
to the Town Clerk and Village Clerk upon such forms promulgated by the Town
Clerk of the Town of Brookhaven. Any person aggrieved by any decision of the
Town Board of the Town of Brookhaven may apply to the Supreme Court for relief
by a proceeding under Article 78 of the Civil Practice Law and Rules within
30 days of the filing of such determination in the office of the Town Clerk.
A.
Failure to obey.
(1)
No person shall willfully fail to obey any sign, notice,
signal, control device or buoy placed or erected within the Harbor Complex.
(2)
No person shall fail to comply with any lawful order
or direction of any harbormaster, bay constable, police officer, Code Enforcement
Officer, park ranger or other person duly empowered and authorized to enforce
the provisions of this chapter or duly authorized to ensure the free and safe
navigation of waters within the Harbor Complex.
B.
Penalties. A violation of any provision of this chapter
shall be an offense punishable by a fine of not less than $100 and not exceeding
$250 or by imprisonment for a period of not more than 10 days. Each violation
shall be a separate and distinct offense. Each day's continued violation
shall constitute a separate and additional offense. A second or subsequent
offense shall be punishable by a fine of not less than $250 nor more than
$500 or imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment.
C.
Towing and removal of vessels.
(1)
To ensure the free and safe navigation of waters within
the Harbor Complex, the harbormaster, bay constable, police officer, Code
Enforcement Officer, park ranger or other duly authorized person shall have
the authority to tow, seize and impound:
(a)
Any vessel moored or anchored in violation of any provision
of this chapter, or the Town of Brookhaven Port Jefferson Harbor Complex Waterway
Law, and any amendments thereto; or
(b)
Any moored or anchored vessel or barge, float, raft or
other floating conveyance that presents a hazard to the public health, welfare
and safety or interferes with the free and safe navigation of the waters within
the Harbor Complex; or
(c)
Any mooring installed, placed or located in or upon any
surface waters within the Harbor Complex in violation of any provision of
this chapter.
(2)
The Town of Brookhaven may retain any impounded mooring,
boat, vessel, barge, raft, float or any other object impounded, until any
fees, costs and expenses incurred by the Town of Brookhaven and Village of
Old Field, or any fines or penalties imposed by the court arising from any
violation, have been paid.
(3)
In addition to any fines from any violation of this chapter,
the vessel owner, operator or person in control of the vessel shall be responsible
and liable for any removal fees, towing and storage expenses and administrative
expenses incurred by the Town of Brookhaven in removing said vessel. The Town
of Brookhaven may retain any vessel, mooring float, raft or other floating
conveyance, until such time as the owner or operator of said vessel reimburses
the Town of Brookhaven for any and all costs and expenses incurred.
D.
Abandoned vessels.
(1)
To ensure free and safe navigation of waters within the Harbor Complex, the harbormaster, bay constable, police officer, Code Enforcement Officer, park ranger or other duly authorized person may seize and impound any abandoned vessel located within the waters of the Harbor Complex and dispose of such vessel in accordance with the provisions of Subsection E herein. The vessel owner shall be responsible for any and all costs and expenses incurred by the Town of Brookhaven and Village of Old Field as a result of impounding and storing such vessel.
(2)
Sale of abandoned vessels.
(a)
Prior to the sale of any abandoned vessel, the Town of Brookhaven shall make an inquiry as to the vessel's last owner as provided in Subsection E herein.
(b)
Exception. Any vessel, taking into consideration its
condition, having been determined to have a wholesale value of $200 or less,
or which is not suitable for operation on the waters within the Harbor Complex,
shall be disposed of without prior notice.
E.
Disposal of impounded vessels and moorings. Upon seizing and impounding any vessel or mooring pursuant to Subsection C or D, the Town of Brookhaven shall:
(1)
Make an inquiry as to the last known address of the owner
of the impounded vessel and/or mooring by checking the vessel registration
numbers or the last known mooring permit application; and
(2)
Notify the last owner by registered mail that the vessel
and/or mooring has been impounded and that the failure to reclaim the vessel
or mooring within 45 days from the date of the notice will result in said
vessel or mooring being sold at public auction; or
(3)
If the vessel owner cannot be determined, then the Town
of Brookhaven shall provide public notice, by publishing in a newspaper, as
designated by the Town of Brookhaven, having a general circulation in the
Harbor Complex area where that vessel and/or mooring was seized or impounded.
Such public notice shall state that the vessel or mooring will be sold publicly
if said vessel or mooring is not redeemed within 45 days from the date of
notice of publication.
Applicability. The requirements and the prohibitions of this chapter
do not apply to emergency actions that are necessary to protect public health,
safety and welfare or to protect property. Any person conducting and/or undertaking
emergency activities shall, to the extent practicable, avoid, prevent and/or
minimize damage to natural resources within the Port Jefferson Harbor Complex.
A.
The provisions of this chapter shall be deemed to apply
to only those portions of the Village of Old Field's shoreline that bounds
the waters of Port Jefferson Harbor and Conscience Bay, including all surface
water within 1,500 feet from such shoreline, which shoreline and
surface areas are more particularly shown on and described on "The Surface
Water Use Chart," dated June 2000, and any subsequent amendments thereto.
B.
For the purpose of this chapter only, certain administrative
tasks and procedures which are set forth in said chapter have been delegated
to the Town of Brookhaven. Said delegation is for the sole purpose of the
uniform administration of this chapter in furtherance of the Port Jefferson
Harbor Complex Plan. Such delegation and administrative processing by the
Town of Brookhaven shall not be deemed, construed or interpreted in any manner
to vest, transfer or abdicate to the Town of Brookhaven or any other municipal
participant in the Port Jefferson Harbor Complex any control of, or jurisdiction
over, the Village of Old Field's shoreline or adjacent surface water
areas.
