A.
Except as set forth in Subsection B of this section, no person shall construct, maintain, erect, enlarge, install, alter, improve, remove or demolish, or cause the same to be done, any structure over, on, into or adjacent to any waterway without first filing an application with, and obtaining a permit from, the Town Clerk. No permit shall be issued unless the applicant is the lawful owner of the upland immediately abutting the mean high water mark at the place where such structure is proposed to be constructed or maintained.
B.
No
structure permit shall be required for the removal or demolition of
any structure in waters adjacent to an upland, residential use. However,
prior written notice of the intent to remove or demolish such a structure
shall be given to the Director of Harbor and Marine Enforcement at
least 20 days prior to the start of such removal or demolition. Such
notice shall include the proposed plan for demolition and for the
removal and disposal of debris. The Director of Harbor and Marine
Enforcement shall have 15 days to review the proposed plan. If the
Director of Harbor and Marine Enforcement finds that the plan will
result in any interference or hazard within the waterway or cause
any environmental harm, the Director of Harbor and Marine Enforcement
shall notify the applicant, and no work shall be commenced until the
Director of Harbor and Marine Enforcement approves such plan. After
the structure is removed or demolished the permit shall be surrendered
to the Town Clerk.
C.
A permit shall expire pursuant to § 42-14, unless, prior to its expiration, an application for renewal, together with the applicable fee, has been submitted to the Town Clerk.
D.
Renewal
permits shall be authorized and granted by the Town Clerk only after
inspection by the Division of Harbor and Marine Enforcement or the
Building Department in accordance with Town procedures. The Town shall
furnish the applicant with a written list of any objections to the
renewal of said permit. The applicant shall have a period of 30 days
to remove and correct said objections after receiving written notice
of the same.
E.
No
provision of this chapter shall relieve a person from complying with
the provisions of any federal, state or other applicable law.
A.
Marine commercial uses and yacht clubs may apply for a perimeter
structure reconfiguration permit which will establish an area within
which the permit holder may alter the configuration of the number,
width, length and location of structures without seeking a new permit.
This shall be subject to the following limitations:
(1)
No additional boat slips may be created beyond the number which is
authorized and approved in the perimeter structure reconfiguration
permit.
(2)
No change in the function or use of the docking facility may be undertaken,
including but not limited to the conversion of a floating dock to
a fixed dock.
(3)
No excavation, dredging, bulkheading or filling shall be commenced
without all local, state and federal regulatory approvals or permits.
(4)
All configurations shall remain within the perimeter shown on the
permit, and there must be a minimum of a ten-foot offset from any
channel or fairway for any dock perpendicular thereto or 15 feet for
any dock parallel thereto.
(5)
Boats may not protrude outside of the approved perimeter.
B.
The holder of a perimeter structure reconfiguration permit shall
notify the Town Clerk, in writing, of any changes pursuant to the
preceding subsection during the term of said permit.
C.
An application for a perimeter structure reconfiguration permit shall, in addition to the information required pursuant to § 42-6 hereof, include the following:
(1)
A site plan map which clearly sets forth the proposed perimeter and
which details existing conditions of the in-water structures of said
property and all adjacent uses on all sides of the proposed perimeter
area.
(2)
The names and addresses of all adjacent property owners.
(3)
A statement describing the nature of planned in-water activity and
the type, size and number of watercraft contained or to be contained
in the perimeter structure reconfiguration permit area.
D.
No perimeter structure reconfiguration permit shall be issued by
the Town Clerk until the applicant has submitted proof that the New
York State Department of Environmental Conservation and the United
States Army Corps of Engineers has issued a perimeter structure reconfiguration
permit or equivalent, if the same is required, or letters of nonjurisdiction.
No perimeter structure reconfiguration permit shall be issued by the
Town Clerk for an area which exceeds that approved by either of these
agencies.
E.
The applicant for a perimeter structure reconfiguration permit is
not required to also apply for a structure permit; however, this exemption
does not relieve the applicant from paying fees for both the structure
permit and a perimeter structure reconfiguration permit.
A.
Every person who shall apply for a permit or renewal permit to construct, maintain, erect, enlarge, install, alter or improve, or cause the same to be done, a structure regulated by this chapter shall file a verified application in duplicate on forms to be provided by the Town Clerk and developed by the Building Department and shall pay the fee provided for in § 42-15 hereof.
(1)
The application form shall require the applicant to
state, at a minimum:
(a)
The applicant's name and address.
(b)
The applicant's status as owner of the upland immediately
abutting the mean high-water mark at the place where such structure
is proposed to be constructed or maintained.
(c)
The manner in which such upland is zoned.
(d)
The exact use to which the applicant intends to put
such upland after the permit is issued.
(e)
The exact use to which the applicant intends to put
such structure after the permit is issued, or present use thereof
if an existing structure.
(f)
The length and width of the proposed or existing structure.
(g)
The estimated cost of the proposed or existing structure.
(h)
A general description of any other structures proposed
to be erected or maintained on such structure.
(2)
The
application form shall be accompanied by a minimum of five copies
of:
[Added 8-5-2021 by L.L. No. 14-2021[1]]
(a)
A
scale drawing depicting the locations and dimensions of all proposed
structures; and
(b)
A
site plan and aerial view with a radius of 500 feet from the point
of construction on the upland property showing all proposed structures.
[1]
Editor's Note: This local law also redesignated former Subsection
A(2) as Subsection A(4).
(3)
All
application documents shall also be submitted in electronic format.
[Added 8-5-2021 by L.L. No. 14-2021]
(4)
The Town Clerk may accept copies of applications submitted
to the Army Corps of Engineers and the New York State Department of
Environmental Conservation to the extent such applications provide
the required information.
B.
In the case of applications for structures in waterways
adjacent to upland residential uses, the Town Clerk, after consultation
with the Commissioner of Building, may waive any application requirements
that are deemed unnecessary for review of the application.
C.
Insurance. Each application for a permit as authorized
under the provisions of this chapter, other than a structure permit
for residential uses, shall be accompanied by proof of existing insurance,
with the Town added as an additional insured, evidencing protection
to the public from bodily injury or property damage sustained as a
result of the use of such structure. Such policy shall contain coverage
equal to or exceeding those limits to be set by a resolution adopted
by the Town Board, with 30 days’ notice of cancellation to be
afforded to the Town Clerk.
D.
Each application for a permit as authorized under
the provisions of this chapter shall be accompanied by a sworn, notarized
agreement signed by the applicant which releases the Town from any
obligation to repair the structure if it is damaged by any act or
omission of the Town and defends, indemnifies and holds harmless the
Town from any liability arising from the structure.
E.
In the case of applications for new structures in waterways adjacent to upland multifamily residential uses, marine or nonmarine commercial uses and yacht clubs, the applicant, in addition to the application required in § 42-6A, must file an environmental assessment form designated by the Commissioner of Planning, as well as any additional information required by the Building Department.
F.
Permits
issued hereunder shall be transferable. Within six months of the transfer
of title to a structure or adjacent upland property for which a permit
has been issued, the new owner shall file a change of name with the
Town Clerk. Failure to file the change of name within this period
shall result in automatic termination of the permit. In the event
that a change of name is not timely filed, a new permit application
must be submitted to the Town Clerk by the new owner(s) of the upland
tract adjacent to the structure.
Upon receipt of an application prepared in accordance with § 42-6 hereof, the Town Clerk shall determine if said application is complete and, if so, shall process the application according to the following procedures.
A.
Residential structure permits.
(1)
For applications for a structure permit for residential
use, the Town Clerk shall transfer a copy of all the application materials
to the Building Department, which shall examine said application for
compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures. The Building Department
shall approve the application if the application and the proposed
structure comply with all requirements of this chapter. The Building
Department's decision shall be transmitted to the Town Clerk, who
shall in turn inform the applicant by mail.
(2)
Upon approval by the Building Department, the Town Clerk shall issue the original or renewal permit, provided that all requirements have been satisfied. Upon issuance of the permit, notice shall be sent to the Department of Public Safety/Bay Constable. The Building Department may impose such conditions upon the issuance of a permit which may be reasonable and necessary to carry out the purposes of this chapter. Should the Building Department disapprove the application, the Town Clerk shall not issue a permit, and the applicant may seek a permit from the Town Board pursuant to § 42-11.
[Amended 8-5-2021 by L.L. No. 14-2021]
B.
Multifamily residential, marine commercial, nonmarine
commercial, yacht club structure permits or perimeter structure reconfiguration
permits.
[Amended 8-5-2021 by L.L. No. 14-2021]
(1)
For applications for a structure permit for multifamily
residential, marine commercial, nonmarine commercial, yacht club use
or for a perimeter structure reconfiguration permit, the Town Clerk
shall transfer a copy of all application materials electronically to
the Commissioner of Building Safety, Inspection and Enforcement, the
Commissioner of Planning and Environmental Protection and the Department
of Public Safety/Bay Constable, who shall examine the application
for compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures. A copy of the application
shall also electronically be transferred to the Town Board liaison
for the Waterfront Advisory Commission who shall forward the application
to the Chair of the Town's Waterfront Advisory Commission.
(2)
Upon the completion of such review, the Commissioner of Building
Safety, Inspection and Enforcement, the Commissioner of Planning and
Environmental Protection and the Department of Public Safety/Bay Constable
shall transfer their recommendations to the Town Clerk. The Waterfront
Advisory Commission shall consider the application and recommendations
at a duly called meeting of the Commission and, afterwards, forward
its recommendations to the Town Board liaison for the Waterfront Advisory
Commission.
(3)
No less than 10 days prior to the meeting of the Waterfront Advisory
Commission, the applicant shall place a buoy or other marker in the
location that corresponds to the end of the proposed dock or pier.
(4)
The Town Clerk shall request that the Town Board schedule
a public hearing on the application following receipt of the recommendations
from the Commissioner of Planning and Environmental Protection and
the Department of Public Safety/Bay Constable.
(5)
The Town Clerk shall publish notice of the hearing in accordance with § 42-11 of the Town Code. Before the application is heard by the Town Board, the applicant must provide notice of the public hearing to property owners within a radius of 500 feet of the upland property affected by the application, in the manner provided for in § 42-11 of the Town Code, and must file an affidavit as to the mailing of such notices as required by that section.
(6)
The Town Board shall review the application under
the standards set forth in this chapter and shall approve or disapprove
the application. The Town Board may consider any recommendation and
supporting information submitted by the Town's Waterfront Advisory
Commission, the Commissioner of Planning and Environmental Protection,
the Department of Public Safety/Bay Constable and the Commissioner
of Building Safety, Inspection and Enforcement. The Town Board may
impose such conditions, upon the issuance of a permit, which may be
reasonable and necessary to carry out the purposes of this chapter,
including the condition that an applicant post a bond adequate to
ensure faithful performance of authorized construction.
(7)
Upon approval by the Town Board, the Town Clerk shall
issue the appropriate permit. The Commissioner of Building Safety,
Inspection and Enforcement shall forward a copy of final plans stamped
and approved by the Town Board and Department of Building Safety,
Inspection and Enforcement.
A.
The permittee, who shall erect, cause to be erected or maintain any structure or mooring pursuant to this chapter, shall keep such structure in good repair and condition at all times so that it will not become a hazard to navigation, to persons using the same or to the environment and shall maintain in force the insurance required by § 42-6C. Upon finding that there is reasonable cause to believe that such permittee has failed to comply with this section, the Commissioner of Buildings may forthwith suspend any permit issued under this chapter for a period not to exceed 30 days, and after a hearing, on notice mailed to such permittee's last known address at least 10 days prior to such hearing, the Town Board may revoke such permit and order the permittee, or the owner of the upland, to repair or remove such structure in a period of time not to exceed 30 days. Such order may authorize the removal of such structure by the Town after the expiration of this period, in which case the cost of removal shall be charged to such permittee, or the owner of the upland, or both.
B.
In the event
of damage to a permitted structure, the permit holder will not be
required to obtain a new permit if:
(1)
The
damage is less than $5,000;
(2)
The
structure is to be repaired to the same specifications as described
in the existing permit and said structure complies with all provisions
of this chapter; or
(3)
The
permit holder has a valid permit issued by the Town and said structure
is within the limitations of the permit.
C.
If damage
to a permitted structure is equal to, or exceeds, $5,000, the permit
holder is required to notify the Commissioner of Buildings and the
Director of Harbor and Marine Enforcement, in writing, that the structure
has been damaged and that repairs will be made. The notice shall include
a statement under oath from the permit holder, certifying that the
repaired structure will be of the same specifications as described
in the existing permit and that it complies with all provisions of
this chapter. Upon receipt of this notice, the Commissioner of Buildings
shall, within five business days, make a determination as to whether
the structure complies with all provisions of this chapter and poses
no threat to health or safety. If the permit holder cannot comply
with the conditions as set forth in this section, or if the Commissioner
of Buildings determines that said conditions have not been met, then
a new permit shall be required.
No structure shall be constructed, erected,
enlarged, installed, altered or improved unless it shall comply with
the following standards:
A.
General standards.
(1)
No structure shall be permitted if, in the judgment
of the Commissioner of Planning, the Department of Public Safety/Bay
Constable, or the Town Board, it would unreasonably impede, obstruct
or interfere with navigation, the rights of adjoining owners, the
public use of or passage along the foreshore or the waterway, or harmfully
affect the environment.
[Amended 8-5-2021 by L.L. No. 14-2021]
(2)
Except as provided under § 42-9C(1), no structure, vessel or combination thereof shall be permitted to project into the waterway a distance greater than required to reach navigable water depth, or to a length exceeding 150 feet, whichever is less.
(3)
No structure or vessels shall extend within a distance
of 50 feet of any federal, state or Town designated channel, vessel
accessway, fairway or anchorage, except where a legally existing marine
commercial use or yacht club can establish that the existence of such
structures or placement of such vessels will not impede the safety
of marine traffic in the designated channel, vessel accessway, fairway
or anchorage and that such structures or placement of such vessels
existed in their present form as of October 1, 1991.
(4)
Notwithstanding the fact that a proposed residential structure shall not comply with this chapter in any respect, the Town Board may, in accordance with the procedures in § 42-11, direct that such permit be issued if it shall find that compliance with this chapter in such respect will create practical difficulties or unnecessary hardships or if it shall find that the proposed structure is in the public interest.
B.
Structures in waterways.
(1)
All structures shall be constructed in accordance
with generally accepted engineering and design standards.
(2)
All fixed docks shall provide:
(a)
An avenue for clear passage in the land area crossed
by the dock at mean low tide. Such an avenue shall be created by providing
an area below the dock with a clearance of at least six feet, by providing
a means of access across the main body of the dock itself, or by providing
a clearly marked path across the upland immediately adjacent to the
dock, which will serve the same purpose.
(b)
A minimum of three feet and a maximum of eight feet above mean high water as defined by the Datum Plane and a maximum freeway clearance of two feet, except as provided for in § 42-9B(2)(a).
(3)
The location, design and use of any structure in the
waterway shall be compatible with this chapter and with the zoning
regulations of the upland jurisdiction, as well as with all other
applicable public health laws and other applicable requirements, and
shall conform to generally accepted standards of construction for
the prevention of fire hazards.
(4)
No structure in a waterway shall be permitted unless
it shall be water dependent and, except in the case of bulkheads,
used solely for the purpose of gaining access to a waterway for commerce,
navigation, fishing or recreation.
(5)
Any structure within a waterway utilized in connection
with adjacent premises shall be the minimum necessary to meet the
upland use.
(6)
With respect to residential or multifamily residential
permits, no structure or vessel slip shall be hired out or used on
a seasonal or permanent basis for dockage use by persons not actually
residing at the premises. Such use of a vessel slip shall constitute
a violation of this chapter concurrently with any violation of the
Town's Zoning Ordinance[1] also created thereby.
(7)
Except as provided under § 42-9C, there shall be no more than one dock or floating dock per lot or lot group with less than 100 feet of shoreline frontage. One additional dock or floating dock shall be allowed for each additional 100 feet of shoreline frontage. Docks and floats shall be straight, E- , F- , L- , T- or U-shaped and shall extend at right angles to the shoreline where practicable.
(8)
Except as provided under § 42-9C, the number of slips permitted shall not be greater than two per upland single-family residential parcel.
(9)
No slip, dock, float, vessel or combination thereof
shall encroach upon the portion of the waterway adjacent to the 15-foot
side yards on either side of the uplands boundary as it extends offshore.
(10)
Except as provided under § 42-9C, docks for all purposes are limited to a maximum width of six feet, except for floats which are limited to a maximum width of eight feet for a residential structure permit and 10 feet for all other permits.
[Amended 8-5-2021 by L.L. No. 14-2021]
(11)
The top horizontal board (wale) of any bulkhead installed
pursuant to this chapter shall be at a minimum level necessary to
meet the purpose for which the bulkhead is being constructed and shall
in any event not be higher than six feet above mean high water as
defined in the datum plane unless a certified engineering report is
submitted showing that a height in excess of six feet is required
for public safety reasons. All bulkheads shall also comply with generally
accepted standards of marine construction.
(12)
All structures shall be composed only of materials
which, in the judgment of the Commissioner of Planning, will have
no adverse effects on the environment or water quality.
(13)
Lighting on any structure must be of a type, which
will not be confused with navigation lighting, must meet United States
Coast Guard standards and must not produce offensive glare when viewed
from land or water.
(14)
All fixed structures protruding from the mean high
water line to the mean low water lines shall provide for an alternate
route of travel along the shoreline over or around said structure.
C.
Additional provisions for structures adjacent to multifamily
residential, marine commercial, nonmarine commercial and yacht club
uses.
(1)
The Town Board may permit a specific number, configuration, width and length of docks, floats or slips other than what would be allowed under § 42-9B, where the applicant can demonstrate that the proposed design or additional number of docks, floats or slips is needed to accommodate the associated use.
(2)
The permissible number, configuration and width of
docks, floats and slips shall be determined by considering the location,
limiting natural features of the site, demonstrated need for such
structures, effect on navigation, infringement on public lands and
compliance with the other sections of this chapter. No structure,
vessel or combination thereof shall unreasonably impede the public's
use, benefit or enjoyment of publicly owned shorefront and underwater
lands. Where, in the judgment of the Town Board, impairment of the
public's use and enjoyment of such publicly owned areas cannot be
avoided, the upland owner may be required to afford to the public
a reasonable and convenient means of access over or around the structure.
(3)
Any new docking facilities, slips or moorings, or
expansion or increase in existing docking facilities, slips or moorings,
for marine commercial, multifamily residential and yacht club uses
shall be required to:
(a)
Demonstrate that sufficient marine sanitation pumpout
capacity exists or that a satisfactory alternative approved by the
Town Board is available, so as to accomplish the removal of sanitary
wastes from all vessels associated with the use; and
(b)
Provide for the collection and proper disposal of
solid waste (garbage, trash, etc.), grease, oil and gasoline.
(4)
In areas adjacent to multifamily residential or nonmarine
commercial uses, in no case shall more than one dock be permitted
per 100 feet of shoreline frontage.
(5)
Any use permitted to dispense gasoline, diesel fuel,
mixed fuels, engine oils and similar supplies shall show compliance
with all federal and state laws dealing with oil spill prevention.
(6)
In addition to the requirements specified under this
section, the following shall apply for docks, floats or slips adjacent
to nonmarine commercial uses:
(a)
The docks or slips are limited to short-term transient
use (no more than 48 hours) and shall be designated as the same, except
for vessels owned by the adjacent upland owner.
(b)
The area associated with the dock or slip may be used
only as a means of vessel access to the upland use or for public access.
The area shall not be used for any activity or use which is not water
dependent.
A.
Notwithstanding any other provisions to the contrary, holders of valid permits issued by the Town Clerk for structures in a waterway as of the effective date of this chapter shall be permitted to maintain these structures, provided that the structure is not enlarged or altered beyond the scope of the existing permit or in a condition that endangers the environment or the public's health, safety or welfare. The permit holder shall be entitled to renew the permit in accordance with § 42-5C, subject to an inspection authorized by the Director of Harbor and Marine Enforcement or the Commissioner of Building under § 42-5D.
B.
All residential, multifamily residential, marine commercial, nonmarine commercial or yacht club structures or uses in existence on the effective date of this chapter, but without valid permits from the Town Clerk, must be covered by a permit application within 12 months of the effective date of this chapter, or shall be considered in violation of the provisions of this chapter and shall be removed forthwith. The fines as provided for in § 42-19 will begin to accrue at the expiration of this twelve-month grace period.
