As used in this chapter, the following words
or phrases shall have the meanings annexed to each:
The Department of Building and Safety Inspection and Enforcement
of the Town of North Hempstead.
Any structure, except a building, positioned adjacent to
the shore, the primary function of which is to retain soil or other
material from eroding into a waterway or to protect the land from
wave damage.
A federal, state or Town or locally designated navigation
accessway.
A mooring used by a commercial entity or one providing a
mooring for hire in conjunction with a marine commercial use.
The person designated by the Town Board as the Commissioner
of Building, Safety Inspection and Enforcement.
The person designated by the Town Board as the Commissioner
of Planning and Environmental Protection.
The person designated by the Town Board as the Commissioner
of Public Safety.
The mean sea level or average height of the sea in accordance
with Nassau County Datum.
The person designated by the Commissioner of Public Safety
as the manager of the Division of Harbor and Marine Enforcement.
Any permanent or seasonal structure extending over the water's
surface, except a building connected to a bulkhead or the upland,
which is designed to secure vessels and provide access from the shore
to a body of water. The term includes the terms "wharves," "piers,"
"fixed docks," "floating docks," or "floats."
A federal, state or Town designated navigation accessway.
A dock that is generally anchored, to pilings, to the underwater
land and that allows for the flow of water beneath the decking.
Any structure, buoyant on the water surface, affixed and
secured in place to the shore, a bulkhead or a dock, whose purpose
is to berth and secure vessels and provide a means of access to and
from the shore. The term "float" includes a floating dock.
Any structure buoyant on the water surface, 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 North Hempstead, whether
such vessel is self-propelled or not.
A mooring to be used on a temporary basis by a guest of a
yacht club.
Any vessel owned or chartered by a person who does not hold
a current mooring permit issued by the Town, which vessel is temporarily
moored as provided in this chapter.
Any tower or other structure used to display or flash a bright
light and/or audible signal for the guidance of vessels in avoiding
dangerous areas located within the geographical boundaries of the
Town of North Hempstead.
A parcel of land, coincident with a lot or lots shown on
a map of record, filed in the Nassau County Clerk's office.
A dock or a commercial mooring area, operated for profit
or to which public patronage is invited, providing mooring or docking
facilities for boats or vessels within the area of the Town of North
Hempstead.
A use that serves a marina, fuel dock, commercial mooring
facility, barge or tanker terminal, boat rental or leasing facility,
commercial fishing loading/off-loading facility or other structure
designed to secure or makefast a commercially operated vessel.
The line on the shore established by the average of the height
of the diurnal high water at a particular location measured over a
lunar cycle of 19 years.
The line on the shore established by the average of the height
of the diurnal low water at a particular location measured over a
lunar cycle of 19 years.
The attachment of a vessel to the underwater land by means
of mooring tackle so designed that, when such attachment is terminated,
some portion of the tackle remains attached to the underwater land
and is not taken under the control of the vessel.
A permit issued to install or maintain a mooring.
A pole or post secured to the underwater land, protruding
above the water surface, the sole purpose of which is to secure a
vessel(s).
The hardware used to secure a vessel at mooring.
A residential land use involving four or more living units
or homes.
A waterway having a depth of at least four feet at mean low
water.
A commercial land use other than a marine commercial use.
Imaginary lines that define an area on a plan, map, chart
or other diagram drawn generally perpendicular and parallel to the
shore or the lines of designating channels that encompass all related
structures or moorings that function together to create a component
of an upland facility or use.
A permit issued for use of an approved mooring field within
a prescribed perimeter for multifamily residential, marine commercial,
nonmarine commercial or yacht club uses.
A permit issued to construct, maintain, erect, enlarge, install,
alter, improve, remove or demolish a structure or series of structures
within a prescribed perimeter which either is or is to be adjacent
to upland for marine commercial or yacht club uses.
A written authorization to conduct an activity regulated
by this chapter. The term "permit" shall include a renewal permit.
Any individual, partnership, corporation, association or
any other legal entity.
An individual or grouping of poles or posts, secured to underwater
land, protruding above the water surface, the sole purpose of which
is to secure a dock(s), float(s) or other such structures. The pile
or spile should be considered ancillary to the structure(s).
A horizontal surface structure which extends out from land
adjacent to a waterway and is cantilevered or held in place by pilings,
designed to gain access to a ramp or float.
A structure used to gain access from a bulkhead, fixed dock
or platform to a float.
The time between April 1 and November 30 of the same calendar
year.
The berthing place for a single vessel alongside the shore
or structural installation.
Includes but is not limited to a dock, pier, bulkhead, wharf,
float or series of floats, platform, boom revetment, jetty, utility
line, permanently moored vessel, aid to navigation or any fixture
or appurtenance extending under, to, over or into the navigable waters
or the waterways as defined herein, which is intended or may be used
or is capable of being used for access to a waterway or vessels on
a waterway or for the berthing of vessels.
A permit issued to construct, maintain, erect, enlarge, install,
alter, improve, remove or demolish a structure which either is or
is to be adjacent to upland residential, multifamily residential,
marine commercial, nonmarine commercial or yacht club uses.
Any structure buoyant on the water surface and moored to
the bottom, used for swimming, diving, snorkeling, scuba diving and
other related activities.
The Town of North Hempstead.
The Town Attorney of the Town of North Hempstead.
The Town Board of the Town of North Hempstead.
The Town Clerk of the Town of North Hempstead.
Area landward of the mean high water line as defined by the
Nassau County Datum Plane.
Every description of watercraft used or capable of being
used as a means of transportation on water.
Any structure in, on or over the waterway, utilized primarily
in connection with a water-dependent use.
An activity or use requiring direct access to water which
can be conducted only on, in, over or adjacent to Town waterways,
which involves, as an integral part of such activity, the use of waterways,
and which therefore cannot be located inland.
An advisory committee appointed by the Town Board.
All waters within the geographical limits of the Town of
North Hempstead or otherwise subject to its jurisdiction.
Any not-for-profit membership-based organization whose primary
purpose is the facilitation of boating and boating-related activities
by its members.
