Notwithstanding any other provision in this
chapter to the contrary, the following rules shall govern the permitting
of all moorings:
A. General provisions.
(1) No person shall place or use any mooring or permanent
anchorage facility in the waterways of the Town, without obtaining
a permit under this chapter from the Town Clerk and paying the required
permit fee. Swimming floats that are secured to the underwater land
by a mooring shall require a mooring permit.
(2) Applicants for mooring permits shall file a permit
application with the Town Clerk.
(a)
All applications shall include, at a minimum:
[1]
The applicant's name and address.
[2]
The location of said mooring, by latitude and
longitude, except that moorings installed by the holder of an approved
perimeter mooring permit and located within the area encompassing
the perimeter mooring permit may be identified solely by reference
to the perimeter mooring permit.
[3]
The applicant's status as owner of the upland
adjacent to the waters in which the mooring is to be placed.
[4]
The manner in which such upland is zoned.
[5]
The name, type, length and registration number,
if any, of the vessel to be moored and the ownership of the vessel.
[6]
A description of the type of mooring to be used.
(b)
The Town Clerk shall forward all completed permit
applications to the Director of Harbor and Marine Enforcement for
review.
(3) All moorings shall be placed and maintained in accordance
with federal, state and Town procedures.
(4) The Director of Harbor and Marine Enforcement shall
establish minimum mooring tackle guidelines. Moorings maintained for
commercial purposes must also adhere to the requirements of the U.S.
Coast Guard as defined by the Code of Federal Regulations.
(5) Upon the expiration of a permit, any mooring and all
mooring tackle shall be removed by the owner.
(6) Any mooring or mooring tackle which has not been removed within 30 days of expiration of a permit may be removed by the Town. Any costs incurred by the Town in the removal of the mooring or mooring tackle may be charged to the permit holder or registrant, and additional fines may be imposed as provided in §
42-19 of this chapter.
(7) Under the provisions of §
42-17, the Town Clerk may suspend any mooring permit which is being used in violation of this section. Upon suspension, the owner may appeal to the Town Clerk for reinstatement of the permit under the provisions of §
42-17.
(8) All moorings shall be inspected on a schedule to be created by the Director of Harbor and Marine Enforcement by a mooring inspector who shall be licensed by the Town in accordance with §
42-16.
B. Residential permits.
(1) The Town Clerk may grant up to two mooring permits
per legal dwelling unit which is immediately adjacent to the shoreline,
provided that the applicant is also the legal owner or lessee of a
seaworthy vessel which will use the mooring during the permit period.
(2) Each application for a mooring permit under this subsection
must include a copy of the registration of the vessel which is to
be secured to the mooring or, in the case of boats which do not, under
state and federal regulations, require registrations, must include
a description of the boat and a notarized statement of the owner swearing
ownership of the vessel.
(3) All moorings and accompanying vessels must display
matching markings as may be required by the Town Clerk, the form of
such markings to be developed by the Director of Harbor and Marine
Enforcement. The Town's Waterfront Advisory Commission may recommend
to the Director of Harbor and Marine Enforcement the type of marking
which is to be used.
(4) No moorings which receive a permit in accordance with
this section may be leased, sold, rented, swapped or in any way utilized
by anyone other than the permit holder.
C. Perimeter mooring permits. Marine commercial, nonmarine
commercial, multifamily residential and yacht clubs which have property
along a bay or harbor in the Town must apply for perimeter mooring
permits, which will establish a perimeter within which a fixed number
of moorings may be placed. Multifamily residential associations with
less than five moorings are exempt from this requirement.
(1) Applications for perimeter mooring permits may be
obtained from the Town Clerk. Said applications shall include, at
a minimum, the following information:
(a)
The name and address and, in the case of corporations,
associations, clubs or the like, the name and address of a contact
person.
(b)
A description of the applicant's business, commercial
or recreational purpose(s), including the number of members if a yacht
club and the services provided if a marine commercial or nonmarine
commercial use.
(c)
A description of any upland parcel utilized
in connection with the mooring perimeter, including proof of compliance
with all applicable parking regulations and requirements of the jurisdiction
governing the upland parcel.
(d)
A description of how access to moored vessels
will be provided.
(e)
A statement of how compliance with all applicable
pumpout and trash disposal requirements will be maintained.
(f)
A map, drawn to scale, showing the proposed
mooring perimeter, the number of moorings, and the area within a five-hundred-foot
radius of the perimeter.
(g)
The type of mooring and mooring tackle to be
used.
(h)
The ownership of the upland immediately adjacent
to the mooring perimeter.
(2) Standards.
(a)
All mooring perimeters must be designed to allow
vessels to enter and exit safely. There must also be appropriate distance
between moorings to keep moored vessels from colliding, said distance
to be dependent on accepted standards for the type of mooring equipment
installed.
(b)
All moorings within a perimeter must bear an
easily identifiable mark as approved by the Director of Harbor and
Marine Enforcement.
(c)
All mooring perimeters shall be located so as
not to interfere with the free flow of vessels to and from designated
boat launching areas.
(d)
No mooring perimeter may be established within
a designated channel, fairway or seaplane landing area. No vessel
moored in a perimeter may protrude into an adjacent channel, fairway
or seaplane landing area.
(e)
Each mooring perimeter shall have a maximum
number of moorings which may be placed within it. While fewer than
the approved number of moorings may be placed, at no time may the
maximum be exceeded.
(f)
All moorings which are part of a perimeter mooring
permit issued to a yacht club may be used only by members of said
club and may not be leased, traded, swapped, loaned or in any way
utilized by nonmembers except for members of adjoining yacht clubs.
However, each club may set aside up to 10 moorings, as guest moorings,
to be utilized by visiting vessels for a period not to exceed 10 days
in any consecutive thirty-day period within the mooring field. The
application for the perimeter mooring permit must indicate how many
guest moorings will be established, if any. These moorings shall be
visibly marked in accordance with standards to be established by the
Director of Harbor and Marine Enforcement.
(g)
No yacht club may request more moorings within
its perimeter mooring permit than a number equal to the number of
vessels owned by the club's members, plus the number of vessels registered
in the name of the club for the exclusive use of itself and its members,
plus up to 10 guest moorings. No multifamily residential use may request
more moorings within its perimeter than a number equal to the number
of vessels owned by its residents, and in no case more than the number
of residential units. A multifamily residential use may, however,
enter into a written agreement with an adjoining multifamily residential
use or with any multifamily residential use within 500 feet, allocating
between themselves the total number of moorings to which both are
entitled under the preceding sentence.
(h)
Perimeter mooring permits issued to marine commercial
and nonmarine commercial entities shall be limited to a perimeter
immediately adjacent to the upland, unless approval from neighboring
landowners is granted allowing for a mooring perimeter to be established
off their property.
(i)
The holders of perimeter mooring permits shall
record the location and names, length, draft, beam and type of all
vessels moored in its perimeter. The position of each mooring shall
be noted upon a map or chart, which shall be available for inspection
at all times by the Town. Said chart shall be updated as often as
necessary to maintain its accuracy.
(j)
The holders of perimeter mooring permits shall
keep on record with the Town Clerk the name, address and phone number
of both a primary and secondary contact person. The Town Clerk's office
and the Director of Harbor and Marine Enforcement must be notified
within 14 days when either contact person is changed.
(k)
Holders of perimeter mooring permits shall,
along with the appropriate fee, annually update plans with the Town
Clerk, indicating any change in the number of moorings requested for
their perimeter. Permit holders may also request changes during the
season, with the approval of the Director of Harbor and Marine Enforcement
and filing the appropriate forms along with the appropriate fees.
(3) Examination of application.
(a)
The Town Clerk shall transfer a copy of all
application materials to the Director of Harbor and Marine Enforcement,
who shall examine the application for compliance with this chapter
and all other applicable laws, ordinances, regulations or specifications
governing moorings. If the Town has adopted a mooring plan under the
provisions of this section, the Director of Harbor and Marine Enforcement
shall also review whether or not the application conforms to such
plan.
(b)
After reviewing the application, the Director
of Harbor and Marine Enforcement shall issue an advisory report to
the Town Board and shall transfer said application and advisory report
to the Commissioner of Planning. The Commissioner of Planning shall
review the application and issue an advisory report to the Town Board.
(4) Except in the case described in the following sentence, the Town Board shall schedule a public hearing on the application following receipt of the advisory report from the Commissioner of Planning and the Director of Harbor and Marine Enforcement, and the Town Clerk shall publish notice of the hearing in accordance with §
70-240A of the Town Code. In the case of an application for a perimeter mooring permit sought by an applicant whose perimeter is already identified specifically in a mooring plan approved under Subsection
D of this section, a public hearing shall not be required, and the Town Board may authorize issuance of the perimeter mooring permit by ordinary resolution.
(5) 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 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
mooring installation. No permit may be issued to an applicant who
is in violation of any of the provisions of this chapter.
(6) Upon approval by the Town Board, the Town Clerk shall
issue the appropriate permit.
D. Mooring plan. The Town may adopt a mooring plan setting
aside designated areas for the mooring of vessels in the waterways
within its boundaries. Such a plan may be adopted by the Town Board
at a public hearing, after preparation and review of said plan by
the appropriate departments of the Town in consultation with the Waterfront
Advisory Commission. All mooring permits, whether perimeter or residential,
must comply with such a plan if one is adopted.
E. Special permits. The Town Board may authorize a special
mooring permit after a public hearing.