[HISTORY: Adopted by the Board of Trustees
of the Village of Poquott 1-10-2002 by L.L. No. 1-2002; amended in its entirety 3-28-2017 by L.L. No. 3-2017. Subsequent amendments noted where applicable.]
This chapter shall be entitled "Dock Regulations of 2002, revised
2017, of the Incorporated Village of Poquott."
A.
The Village Board of Trustees hereby finds that for reasons of ecology,
public enjoyment, public navigation, aesthetic, visual and public
health, safety and welfare, the coastal areas of the Village of Poquott
must be protected.
B.
As recreational boating has grown in popularity, there has been a
concomitant and increasing demand for dock and mooring facilities,
both public and private. The Village of Poquott has not been exempt
from this trend. The Village contains no commercial docking facilities;
however, the increase in residential development along its shoreline
has led to an increase in the number of applications for the construction
of private docks. There is also renewed interest in the construction
of a Village dock.
C.
The harbors surrounding the Village of Poquott are designated by
the State of New York as Significant Coastal Fish and Wildlife Habitats.
All of the shoreline of Poquott has also been or is intended to be
designated a critical environmental area by the Village of Poquott
in accordance with the New York State Environmental Quality Review
Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
D.
Docks located in open water (and any boats moored to such docks)
are exposed to increased damage from severe storms, thus creating
pressure to establish docks and piers in protected waters such as
the waters around Poquott which are more protected from storms but
are often tidal habitats for birds, fish and other wildlife.
E.
Development in small harbor areas often impacts and degrades the
very resources upon which this development depends. The water quality
in such harbors deteriorates, the birds, fish and other wildlife habitats
are thereby adversely impacted, and the wildlife is therefore threatened.
Locating docks (and boats) in these areas may cause significant damage
to habitats and wildlife.
F.
In addition to the other significant values of wildlife habitat areas,
habitat areas and waterfront areas, in general, have significant value
for their scenic qualities. A proliferation of docks and their associated
boats causes overcrowding of waterfronts and water bodies and can
result in visual pollution, depending upon the number, location, size,
height, length and design of the docks.
G.
Docks which are long enough to reach water of sufficient depth for
large boats can be hazardous to navigation if they encroach upon a
navigational channel or if they draw boats into shoals because of
their presence. Long docks can also be an impediment to the enjoyment
of recreational boaters and anglers who desire to navigate along the
shoreline. Docks acting as barriers along the water's edge also
keep pedestrians from enjoying the waterfront. The desire for the
construction of docks and other structures must be weighed against
the environmental value and sensitivity of the waterfront and against
the rights of the boating public to navigate.
H.
There is a right of the community and public to walk along the foreshore
and to be protected from visual pollution. The Board of Trustees finds
that private rights should not supersede those of the public and that
an appropriate balance must be achieved between property owner desires
to access the water and the protection of the public trust relating
to the enjoyment of waters and foreshore in the Village. A Village
dock also has the potential to affect how the public experiences the
foreshore in the Village, and the design of a Village dock should
be guided by principals similar to those that apply to residential
docks, although some exceptions need to be made.
I.
It is as a result of these findings and determinations that the Village
of Poquott hereby adopts this chapter regulating docks and related
structures in the Village of Poquott.
The purpose and intent of this chapter is to establish regulations
regarding docks, piers, and related structures and improvements in
the Village of Poquott in order to maintain a balance between private
interests and the protection of the environment under the public trust
doctrine and between the interests of the proper and orderly development
of the Village of Poquott and the protection of the environment. It
is the intent of the Village of Poquott in the adoption of this chapter
to coordinate the provisions of this chapter with the provisions and
enforcement of the Wetlands and Waterways Law of the Town of Brookhaven,
§ 81-1, for the uniform enforcement of both laws and their
intent.
As used in this chapter, the following terms shall have the
meanings indicated:
The owner, contract vendee or authorized agent of the parcel
of property which is the subject of an application under this chapter.
Any vessel propelled or not by oars, paddles, sail or fuel
powered engine whether or not the vessel is required by law to be
registered with New York State or documented by the United States
Coast Guard, including but not limited to power boats, sail boats,
personal watercraft, including jet skis, and wetbikes. Any boat using
a dock in the Village of Poquott must be registered with the Village
of Poquott, except the boat of the guest of the owner using the dock
does not have to be registered in the Village of Poquott.
Any structure extending and/or elevated over the water from
the shore and used for a use other than berthing a boat. Decks as
defined in this chapter are prohibited in the Village of Poquott for
purposes of this chapter.
Includes a fixed or floating dock, catwalk, pier ramp, mooring
piles or dolphins and related structures and improvements which are
constructed and used for the purpose of securing a boat.
The length of a dock, including fixed docks, ramps, floating
docks and mooring piles measured from the mean high water mark to
the seaward-most portion of the dock or the seaward-most pile, whichever
distance is greater.
The excavation of underwater lands or the removal or excavation
of any sand, gravel, aggregate, soil, mud or sediment from the land
lying beneath or contiguous to any waterway for the purpose of building,
using or maintaining a dock or any other purpose. Dredging includes
the practice commonly known as "prop dredging."
A permanently fixed walkway which extends seaward from the
mean high water mark and which is constructed and maintained for the
purpose of securing a boat.
That portion of a dock which is designed to float upon the
surface of a water body to provide access to the water. A floating
dock shall include the float itself and any pile designed to keep
the dock at a fixed point. No float or floating portion of any dock
or floating dock may rest on the bottom at any time.
Shall be defined as determined by the National Oceanographic
and Atmospheric Administration at Port Jefferson in 1978 or the most
recent survey and testing.
Shall be defined as determined by the National Oceanographic
and Atmospheric Administration at Port Jefferson in 1978 or the most
recent survey and testing.
A dock associated with a residential property.
The right of a property owner to have access to navigable
water.
A dock under the care, custody and control of the Village
of Poquott for the exclusive use of its residents and guests.
Any natural or artificial fresh or marine body of water commonly
known as "ponds," "bays," "harbors," and the like. A waterway includes
those areas defined as lands underwater.
The linear distance as measured in a straight line from the
mean low water mark on one shoreline to the closest point on the mean
low water mark on the opposite shoreline.
A.
Any person proposing to construct, install, repair, renovate or replace
a dock or pier, fixed or otherwise, associated with a residential
property in the Village of Poquott shall file a permit application
with the Village on such forms as shall be prescribed by the Board
of Trustees of the Village of Poquott. All applications to the Village
of Poquott pursuant to this chapter shall be made prior to or simultaneous
with applications to any other agency or municipality.
B.
Application for approvals for docks and construction under this chapter
will be to the Village Planning Board. The Village Planning Board
shall have jurisdiction of the review, approval and denial of any
dock application. The Village Clerk shall notify the Mayor, the Board
of Trustees and the Chairman of the Planning Board of the receipt
of an application for a dock within 48 hours after the application
is received.
C.
Each such application shall include the following, all of which shall
be submitted before any action is taken by the Planning Board:
(1)
Notarized statement of authority from and signed by the owner of
the property for which the application is made or for any agent or
representative that is not the owner of the property that is the subject
of the application and is making the application on behalf of the
owner.
(2)
Statement of the proposed work and the purpose thereof.
(3)
List of the names of the owners of record of the lands and the names
of the known claimants of water rights which are a matter of public
record or of whom the applicant has notice, which relate to the lands
upon which a dock would be constructed and used and any land within
200 feet of the boundary of the property on which the proposed project
is to be made.
(4)
Complete set of project plans for the proposed site improvements,
which shall be certified by and contain the seal of an engineer, architect,
and/or land surveyor licensed in the State of New York, drawn to a
scale of no less detail than one inch equals 40 feet, as required
to meet the guidelines as may be established by the Board of Trustees
or the Village Planning Board. The following shall be indicated on
the project plans:
(a)
The location of all waterways or wetlands on the project property
as they existed no earlier than six months prior to the date of the
filing of the application.
(b)
A description of the soil type and vegetative cover of the proposed
project area and within 50 feet of the proposed project area, including
dominant species.
(c)
The location of the construction area and the associated area
or areas that may be disturbed during construction, and their relation
to the property lines, roads, buildings, and watercourses located
within 200 feet of the project.
(d)
The exact locations and specifications for proposed draining,
fill, grading, and vegetation removal activities, and the procedures
to be used.
(e)
The width of the waterway or all waterways within 200 feet of
the project.
(f)
The depths and heights of existing and proposed as altered contours
of above-water lands at two-foot intervals and of underwater lands
at one-foot intervals within a distance of 50 feet of the project.
(g)
The details of any drainage system both for the conduct of the
work and after the completion thereof, including locations of any
point discharges, or other human-made conveyances which would discharge
into the waterways or surrounding areas, and any measures proposed
to control erosion both during and after work.
(h)
The mean high water mark, mean low water mark and spring high
water mark should be noted on the plans and the property.
(i)
If the property is in a flood zone, the upland limit of the
flood zone should be noted.
(j)
The complete construction details of the proposed project on
plans that are prepared and certified by a licensed architect or engineer
and which contain the seal of the licensed architect or engineer that
prepared and certified the plans.
(k)
A survey showing the location of any existing covenants and
restrictions affecting the lot or land on which the project is located
and either the liber and page of the covenant and restrictions or
a copy of the covenant and restrictions as well as any details or
documents necessary to establish the existence or location of the
covenants and restrictions.
(l)
A lighting plan for all areas within the project area and within
100 feet of the project area.
(m)
A survey showing points and means of access to the dock during
and after construction.
(n)
A title abstract of the property.
(5)
Proof of riparian rights and ownership of the applicant.
(6)
A completed full environmental assessment form as required pursuant
to Part 617, Sections 617.5 and 617.21, of Chapter 6 of the New York
Code and Rules and Regulations, the State Environmental Quality Review
Act,[1] which shall be completed by the Village Environmental
Engineer or consultant at the cost of the applicant.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(7)
Evidence of prior or simultaneous notification of any required county,
state, federal or local agencies or municipal departments, and copies
of all applicable county, state or federal permit applications that
are required for such work, including but not limited to the New York
State Department of Environmental Conservation, New York State Department
of State, Town of Brookhaven, and United States Army Corps of Engineers,
and any response or action taken in response thereto.
(8)
Any other materials or documents that are determined by the Village
of Poquott to be required for proper review of the application and
project.
D.
No application for a dock permit may be made and no application for
a dock permit shall be accepted or processed by the Village of Poquott
while there is any outstanding issue or violation related to the subject
property regarding:
An application shall be deemed to be withdrawn in the following
circumstances:
A.
The filing by the applicant of a written request to withdraw the
application at any time prior to the Planning Board taking action
on the application.
B.
The applicant failing to comply with a written request by the Planning
Board for additional information and material within six months of
the date of such request.
C.
The applicant failing to supply the Planning Board with a survey,
written covenants, deeds or other required documents within six months
of the date of a request if the requirement of a survey or covenants
and restrictions or deeds or of any one or more of the above is imposed
by the Village of Poquott or its Boards as a condition of receiving
the approval.
All applicants shall submit to the Village of Poquott a notarized
affidavit signed by the owner of the project property which indemnifies
and saves harmless the Village of Poquott from any claims arising
out of or connected with any operations under the permit and from
all acts, omissions, commissions or negligence on the part of the
applicant, its agents or employees, in such form as shall be approved
by the Village Attorney.
The standards for a dock shall be as follows:
A.
A dock shall not extend beyond the point at which the water depth
is four feet at mean low water, and the dock length shall not exceed
the lesser of 195 feet, or 15% of the width of the waterway on which
it is located, and no dock shall be constructed in a manner so that
at any time a boat fastened to the dock will be resting on the bottom.
The owner shall provide confirmation to the Village of the length
of the dock and the depth of the water prior to construction by a
survey and rendering stamped or certified with the seal of a licensed
surveyor, architect or engineer.
B.
Construction on residential lots; shared docks.
(1)
A dock shall only be constructed on a residentially zoned lot that
has riparian rights, and there shall be only one such dock on each
such residential lot, and that dock may only be owned, used and maintained
by the owner of the property on which it is located. A dock may be
used by the guest of the owner of the dock for a period of up to 72
hours.
(2)
Adjacent waterfront property owners may share a dock that is on one
of their properties. The person on whose property the dock is located
will be responsible to the Village of Poquott for all obligations
under this chapter.
C.
Distance from property lines or other docks.
(1)
A dock and any part thereof or any vessel tied to a dock may not
be located within 30 feet of the seaward extension of any side yard
property line, and shall not be located within 75 feet of any other
dock or part thereof or of any vessel tied to a dock.
(2)
A dock and every part thereof or any vessel tied to a dock shall
be not less than 200 feet from the abutting property line of a Village
waterfront park or beach.
D.
A dock and any associated piles must be configured in such a manner
so that the dock does not have more than two vessel berths located
on the dock.
E.
The width of a dock may not exceed four feet, and a dock and its
accessories, structures and improvements must be elevated a minimum
of four feet above the mean high water and a minimum of four feet
above grade when traversing any tidal or freshwater wetlands, and
in no way shall obstruct passage of a boat in the waterway in which
the dock is located or pedestrian traffic along and below the mean
high water mark or obstruct or violate any public easement or right-of-way
that is of record.
F.
The width of any single float may not exceed eight feet in width
or 20 feet in length. All floats shall be designed and installed so
that a minimum of six inches of separation exists between the benthos
and the bottom of the dock through all tidal cycles.
G.
The height of any part of a dock or of any attachment to an improvement
or a dock may not exceed three feet above the platform of the dock,
except lighting, which must be approved by the Village Planning Board,
and davits or other mechanical aids for hoisting boats shall not be
attached to any dock.
H.
A dock shall start at the mean high water mark unless the Planning
Board should require the dock to start seaward of the mean high water
mark. In no case shall the measurement of the length of a dock be
from other than mean high water, nor shall the dock restrict a public
easement or right-of-way or violate any public covenant or restriction.
There will be a minimum eighteen-foot width between the onshore end
of a dock and an obstruction such as a seawall, building, fence or
vegetation to allow unimpeded pedestrian passage along the shoreline.
I.
The design and materials of the dock shall be of a type to be reasonably
expected to last for not less than 20 years, and the dock after constructed
must be maintained in a good and structurally sound condition and
state of repair for not less than that time. The dock shall be constructed
of untreated tropical hardwoods, untreated lumber, or polymer-coated
treated lumber to eliminate the potential for chemically treated materials
from coming into contact with the marine environment. Untreated tropical
hardwood must be used for the pilings and cross-bracings and any other
portion of the dock that will be submerged or in contact with the
water, either in whole or in part, during ordinary tidal cycles. Other
materials may be allowed as long as they have similar environmental
characteristics. The decking of the dock shall be of an "open grate"
design to allow maximum light penetration.
J.
A dock and the floats used with the dock must be arranged so as to be in a straight line. The float shall be made of any of the materials provided for in Subsection I or any other suitable material approved by the Village Environmental Consultant or Village Engineer.
K.
All floating docks or floating components of docks shall be removed
from the water during the months of December through March to lessen
the impact of wind, wave and storm damage. No float or floating dock
may be stored at any time within a wetland, below the spring or storm
high water mark of a beach or within or on the face of a dune, bluff
or beach scarp.
The Village Planning Board of the Village of Poquott in reviewing,
granting, denying, limiting or conditioning applications and permits
shall consider the following criteria, in addition to any other criteria
specified in this chapter or otherwise.
A.
The dock shall be located on the property in such a manner so as
to minimize the obstruction of surface water, hazards to navigation,
obstruction of use of public lands and waters, to maximize spacing
and minimize length of docks and any adverse effects to the environment
or natural resources, and the Village may require the dock to be constructed
in a different location or manner in order to accomplish this.
B.
The dock shall not be permitted in areas of high vessel traffic or
vessel congestion where there is a likelihood that the dock will jeopardize
public safety or create a public nuisance.
C.
The dock shall be designed and sited so as to minimize habitat fragmentation,
loss of habitat, and to minimize interference with public access to
recreational and other resources.
D.
The dock shall be designed and sited so as to not hinder public access
to public lands and surface waters or passage along the shoreline
and so as not to interfere with public easements and rights-of-way.
E.
Docks on adjacent properties create a cumulative effect, and, therefore,
the design, construction and location shall be evaluated to minimize
cumulative adverse effects.
F.
In areas of high traffic, congestion, multiple uses of the water
surface, or where needed to protect public safety, a dock and its
associated floats and piles shall be required to have adequate lighting
and markings designed and installed in such manner so as to minimize
light pollution and so as not to create a nuisance. Lighting on or
around docks must be constructed and installed so that it is directed
and shines in a downward direction and can not contain an unshielded
bulb which can be seen on an adjoining property. Lights not having
to do with safety must be oriented so that they are not seen and also
are off when the dock is not in use and must be otherwise installed
so as only to illuminate the dock.
A.
The Village of Poquott shall notify the applicant, in writing, when
the application is deemed complete.
B.
Not later than 60 days after the application is deemed complete,
the Planning Board of the Village of Poquott shall schedule a public
hearing on the application. The notice shall be published twice in
the official Village newspaper, with the first notice appearing not
more than 28 days and the second notice not less than seven days before
the date of the hearing.
C.
The Village Clerk shall notify the applicant of the date of the hearing
not less than 12 days prior to the hearing. Not later than five days
after being notified by the Village Clerk of the date of the public
hearing, the applicant shall conspicuously place along each road frontage
and the waterway of the property which is the subject of the application
at least one poster or notice on such form as shall be supplied. The
poster or notice shall contain the following information:
(1)
The name and address of the applicant and a brief description of
the application.
(2)
That any party may contact the Village of Poquott to obtain further
information or to become a party of interest.
(3)
That a public hearing regarding the application will be held before
the Village Planning Board at a specified place, date and time.
D.
It is the policy of the Incorporated Village of Poquott, the Village
Planning Board and any other Board of the Village of Poquott in granting,
denying, conditioning or limiting any permit application under this
chapter to:
(1)
Preserve areas of high environmental sensitivity and unique vegetation
and which serve as valuable fish and wildlife habitats.
(2)
Protect areas of archaeological importance.
(3)
Maintain as much natural vegetation as is feasible to preserve watershed
areas and fish and wildlife habitats and promote natural aesthetic
compatibility and visual quality.
(4)
Provide adequate setbacks for development away from wetlands and
waterways to protect and enhance natural systems.
(5)
Maximize setbacks for new construction in proximity to erosion prone
and erosion sensitive areas to minimize shoreline erosion. In order
to minimize shoreline erosion, no new construction shall be allowed
in proximity to erosion prone and erosion sensitive areas, such areas
to be determined in consultation with appropriate environmental authorities.
(6)
Minimize the visual impact of site development and provide sufficient
visual buffering.
(7)
Maintain natural undisturbed adjacent areas and, where necessary,
provide supplemental landscaping.
(8)
Conform to the natural topography of the site during development
in order to minimize the loss of natural vegetation, disturbance of
soil and natural fisheries and associated environmental impacts.
(9)
Minimize areas of fertilizer dependent vegetation in order to reduce
nitrogen and chemical loading to the shoreline, wetlands, surface
waters and surrounding areas.
(10)
Prevent impacts associated with stormwater runoff during or
after site development, including any direct discharge of stormwater
from the site onto wetlands, into surface waters or onto adjacent
properties and to employ structural and nonstructural measures to
contain stormwater on site.
(11)
Minimize adverse impacts associated with disturbance to underwater
lands.
(12)
Preserve public access to the land along the mean high water
mark and the access to and use of the waterway.
E.
In granting or limiting a permit, the Village Planning Board of the
Village of Poquott may impose conditions or constraints designed to
carry the intent of this chapter, including but not limited to restrictive
covenants and performance bonds.
(1)
Such conditions and limitations shall be incorporated in the permit
if the proposed activity would cause significant or unreasonable adverse
effects on any of the areas of consideration, or result in adverse
effects on a waterway, with the impacts having been minimized to the
extent practical.
(2)
The applicant shall develop a mitigation plan either in support of
the application or as may be required which shall specify mitigation
measures that provide replacement of the resources which are lost
or adversely effected due to proposed activity.
(3)
If mitigation is required by the Village Planning Board, the mitigation
plan will be a condition of the permit and shall be completed prior
to the expiration of the permit and maintained for the life of the
permitted structures.
F.
Any decision by the Village Planning Board or by the Board of Trustees
of the Incorporated Village of Poquott to grant, deny or place conditions
upon a permit or to revoke or suspend any permit previously issued
pursuant to this chapter shall be supported by written findings giving
the reason for such decisions.
A.
All permits shall be clearly posted on the project site during all
work activities, and all applicants, their agents or construction
crews proceeding with approved operations shall carry on their persons
or have reasonably available the approved permit conditions and shall
show same to any authorized inspector or officer of the Village of
Poquott whenever requested.
B.
Construction or activity that is conducted pursuant to a permit that
is issued under this chapter shall be open to inspection at any time
by any authorized inspector or officer of the Village of Poquott to
protect and enhance natural systems.
C.
The Building Inspector, the Board of Trustees or the Village Planning
Board or their designee may revoke or suspend any permit where any
conditions of the permit or other regulation of this chapter or the
Village of Poquott have not been complied with.
D.
All activities undertaken pursuant to a permit issued in accordance
with this chapter shall be completed within a period of one year,
and in the event that the time for completing a permitted activity
shall expire and the work is not completed, the Board of Trustees
or the Village Planning Board of the Incorporated Village of Poquott
may renew said permit by resolution. In the event that the permit
expires and the work has not commenced, the Village Planning Board
of the Incorporated Village of Poquott may require a new application
to be filed by the applicant.
E.
No certificate of occupancy shall be issued for a dock and a dock
shall not be used by its owner until the applicant submits an as-built
survey of the project and or site plan which is certified to the Village
of Poquott by a licensed architect or engineer that the project has
been completed in accordance with the approved plans and permit and
all other conditions and requirements of the permit and this chapter
shall otherwise have been met.
The Board of Trustees of the Incorporated Village of Poquott
shall reserve the right to require a permit fee for all permit applications,
which shall be in addition to the fees required for a building permit
and which shall not be less than $100. Fees shall be set and be revised
by a resolution of the Board of Trustees and shall be payable to the
Village of Poquott and collected by the Village Clerk of the Village.
A.
Maintenance covenant and bond.
(1)
Prior to the commencement of work on the construction, repair or
renovation of a dock, and then again prior to the issuance of a certificate
of occupancy, the owner shall provide the Village either on a form
that is acceptable to the Village or that is provided by the Village
at a cost to the applicant as determined by the Village, a maintenance
covenant in favor of the Village, and in recordable form which shall
be recorded at the cost of the owner and which shall provide that
the dock and any improvements associated with the dock shall be maintained
in good condition and structurally sound and that the Village shall
have the right in the event that the dock is not so maintained, at
the cost of the owner, to either remove the dock or perform the work
necessary to restore the dock to good condition, and to assess the
cost of that work to the owner of the property and as against the
property as an assessment.
(2)
The Village may in its discretion require the owner to obtain and
post a bond in favor of the Village to guarantee the maintenance of
the dock.
(3)
A determination by the Building Inspector or Village Planning Board
that a dock is unsafe or unsound may result in an order being issued
by the Building Inspector or a resolution of the Village Planning
Board that the dock cannot be used until the unsafe or unsound condition
is remedied or is removed and the dock is restored to a safe and sound
condition.
B.
Liability insurance. Prior to the commencement of the construction
of a dock and again prior to a certificate of occupancy being issued
for a dock and the dock being used by the owner, the owner shall provide
to the Village proof of liability insurance for the dock and premises
being in effect for a period of not less than one year. The liability
insurance must be maintained in effect by the owner for the life of
the dock, and proof of the insurance being in effect shall be provided
to the Village on request.
C.
Annual inspections and fees.
(1)
All docks in the Village of Poquott must have an annual inspection
by the Village Building Inspector or other person that may be designated
by the Planning Board or the Village Board of Trustees for the purpose
of determining the soundness of the dock and the compliance of the
dock with the Village and other laws and regulations. There shall
be at least 15 days' written notice prior to the inspection date.
(2)
The Village Board of Trustees may set fees for this inspection by
resolution or local law of the Village.
(3)
The payment of all inspection fees shall be the responsibility of
the owner of the property.
A permit approved by the Village of Poquott does not relieve
the applicant of the necessity to obtain authorizations or permits
from other agencies which have jurisdiction over the proposed activity
or project.
A.
Docks in the Village which are otherwise legally existing at the
time that this chapter shall take effect and which are in sound structural
condition shall be permitted to continue to exist under this chapter,
subject to the terms and conditions of this chapter, and shall be
deemed to continue to comply with this chapter, provided there is
no reconstruction or renovation of more than 25% of the dock that
is existing at the time of the enactment of this chapter as determined
by the Village Building Inspector, and provided that the dock does
not become and remain structurally unsound for a continuous period
of two years or more after the enactment of this chapter. Existing
docks which become structurally unsound and remain unsound for a period
of at least two years as determined by a qualified expert or engineer
retained by the Village shall lose their grandfather status, and such
nonconforming dock must conform with the requirements of this chapter.
B.
Noncompliant docks.
(1)
If more than 25% of a dock is unsound, it would be prima facie evidence
that:
(2)
In either case, such negligence and resultant instability would create
potentially adverse effects on adjacent properties, moored boats,
and environmentally sensitive areas. Any such dock is deemed to be
noncompliant and therefore no longer protected under this chapter.
C.
Repairs or reconstruction of an existing dock as defined in this
section for damage related to a storm or other single event shall
not require a dock permit, provided the dock is restored to its original
design and condition; however, a building permit shall still be required.
A.
No dock permit shall be required under this chapter for a repair
or renovation of a walkway to a dock which affects less than 25% of
a dock and which does not change the size, length or location of the
dock or walkways or any of the underwater lands or above-water lands
around or under the dock; however, a building permit shall still be
required if applicable.
B.
Repairs or reconstruction of damage related to a storm or single
event, regardless of percentage of repair, shall not require a dock
permit, provided the dock is restored to its original design and condition;
however, a building permit shall still be required.
No commercial docks will be permitted under any circumstances.
Dredging is prohibited in the Village of Poquott on or around
docks.
In addition to any other violations of New York State or law
or ordinance of the Village of Poqoutt, and any penalties or fines
associated therefrom, it shall be a violation to fail to comply with
any provision of this chapter or any of the restrictions contained
herein with a fine or penalty of up to $250 per violation, and each
and every day that a violation of this chapter should exist shall
be a separate violation of this chapter.
The penalties and fines contained herein and the election by
the Village of Poquott to assess them shall not be a waiver of or
act to limit or prejudice any other rights or remedies of the Village,
whether civil or otherwise. The Village of Poquott shall be entitled
to temporary and permanent injunctive and other relief, including
an assessment of the costs therein from any party committing a violation
of this provision and any other civil or other remedies that may be
available to the Village by law.
The standards for a dock shall be as follows:
A.
A dock shall extend at least to the point at
which the water depth is 3 1/2 feet at mean low water, and the
dock length shall not exceed the lesser of 195 feet, or 15% of the
width of the waterway on which it is located, and no dock shall be
constructed in a manner so that at any time a boat fastened to the
dock will be resting on the bottom.
[Amended 11-9-2017 by L.L. No. 1-2018]
B.
Distance from property lines or other docks. A dock and any part
thereof or any vessel tied to a dock may not be located within 30
feet of the seaward extension of any side yard property line and shall
not be located within 75 feet of any other dock or part thereof or
of any vessel tied to a dock.
C.
The width of a fixed dock may not exceed four
feet except where needed to comply with Americans with Disabilities
Act. A dock and its accessories, structures and improvements must
be elevated a minimum of four feet above the mean high water and a
minimum of four feet above grade when traversing any tidal or freshwater
wetlands, and in no way shall obstruct passage of a boat in the waterway
in which the dock is located. A route shall be provided for pedestrian
traffic over as well as around the landward end of a Village dock.
[Amended 11-9-2017 by L.L. No. 1-2018]
D.
A single float may not exceed eight feet in width or 20 feet in length.
All floats shall be designed and installed so that a minimum of six
inches of separation exists between the benthos and the bottom of
the dock through all tidal cycles.
E.
The height of any part of a dock or of any attachment to an improvement
or a dock may not exceed three feet above the platform of the dock,
except lighting and railings, which must be approved by the Village
Planning Board, and davits or other mechanical aids for hoisting boats
shall not be attached to any dock.
F.
In no case shall the measurement of the length of a dock be from
other than mean high water.
G.
The design and materials of the dock shall be of a type to be reasonably
expected to last for not less than 20 years, and the dock after constructed
must be maintained in a good and structurally sound condition and
state of repair for not less than that time. The dock shall be constructed
of untreated tropical hardwoods, untreated lumber, or polymer-coated
treated lumber to eliminate the potential for chemically treated materials
from coming into contact with the marine environment. Untreated tropical
hardwood must be used for the pilings and cross-bracings and any other
portion of the dock that will be submerged or in contact with the
water, either in whole or in part, during ordinary tidal cycles. Other
materials may be allowed as long as they have similar environmental
characteristics. The decking of the dock shall be of an "open grate"
design to allow maximum light penetration.
H.
A dock and the floats used with the dock must be arranged so as to be in a straight line, and any floating docks alongside a Village dock need to be arranged parallel to the dock and such that a ramp can be built parallel to the dock to access floats alongside the dock. A float shall be made of any of the materials provided for in Subsection G or any other suitable material approved by the Village Environmental Consultant or Village Engineer.
I.
All floating docks or floating components of docks shall be removed
from the water during the months of December through March to lessen
the impact of wind, wave and storm damage.
J.
The dock shall be designed and sited so as to minimize habitat fragmentation,
loss of habitat, and to minimize interference with public access to
recreational and other resources.
K.
A dock and its associated floats and piles shall be required to have
adequate lighting and markings designed and installed in such manner
so as to minimize light pollution and so as not to create a nuisance.
Lighting on or around docks must be constructed and installed so that
it is directed and shines in a downward direction and cannot contain
an unshielded bulb which can be seen on an adjoining property.
L.
The Village Board of Trustees shall adopt a management plan for the
usage of a Village dock before the design of a dock can be deemed
complete.
M.
The final design of a Village dock shall include the following, all
of which shall be submitted before any action is taken by the Planning
Board:
(1)
Complete set of project plans for the proposed site improvements,
which shall be certified by and contain the seal of an engineer, architect,
and/or land surveyor licensed in the State of New York, drawn to a
scale of no less detail than one inch equals 40 feet, as required
to meet the guidelines as may be established by the Board of Trustees
or the Village Planning Board. The following shall be indicated on
the project plans:
(a)
The location of all waterways or wetlands on the project property
as they existed no earlier than six months prior to the date of the
plan.
(b)
A description of the soil type and vegetative cover of the proposed
project area and within 50 feet of the proposed project area, including
dominant species.
(c)
The location of the construction area and the associated area
or areas that may be disturbed during construction, and their relation
to the property lines, roads, buildings, and watercourses located
within 200 feet of the project.
(d)
The exact locations and specifications for proposed draining,
fill, grading, and vegetation removal activities, and the procedures
to be used.
(e)
The width of the waterway or all waterways within 200 feet of
the project.
(f)
The depths and heights of existing and proposed as altered contours
of above-water lands at two-foot intervals and of underwater lands
at one-foot intervals within a distance of 50 feet of the project.
(g)
The details of any drainage system both for the conduct of the
work, and after the completion thereof, including locations of any
point discharges, or other human-made conveyances which would discharge
into the waterways or surrounding areas, and any measures proposed
to control erosion both during and after work.
(h)
The mean high water mark, mean low water mark and spring high
water mark should be noted on the plans and the property.
(i)
If the property is in a flood zone, the upland limit of the
flood zone should be noted.
(j)
The complete construction details of the proposed project on
plans that are prepared and certified by a licensed architect or engineer
and which contain the seal of the licensed architect or engineer that
prepared and certified the plans.
(k)
A survey showing the location of any existing covenants and
restrictions affecting the lot or land on which the project is located
and either the liber and page of the covenant and restrictions or
a copy of the covenant and restrictions as well as any details or
documents necessary to establish the existence or location of the
covenants and restrictions.
(l)
A lighting plan for all areas within the project area and within
100 feet of the project area.
(m)
A survey showing points and means of access to the dock during
and after construction.
(n)
A title abstract of the property.
(2)
Proof of riparian rights and ownership of the Village.
(3)
A completed full environmental assessment form as required pursuant
to Part 617, Sections 617.5 and 617.21, of Chapter 6 of the New York
Code and Rules and Regulations, the State Environmental Quality Review
Act[1], which shall be completed by the Village Environmental
Engineer or consultant.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(4)
Any other materials or documents that are determined by the Village
of Poquott to be required for proper review of the project.
A.
Prior to final approval of the construction of a Village dock by
the Trustees, the Planning Board shall review the plans of a Village
dock to ensure that the final and complete design meets with the criteria
described in this chapter. Not later than 60 days after the design
is deemed final and complete, the Planning Board of the Village of
Poquott shall schedule a public hearing on the design. The notice
for the public hearing shall be published twice in the official Village
newspaper, with the first notice appearing not more than 28 days and
the second notice not less than seven days before the date of the
hearing. The Village Clerk shall conspicuously place along each road
frontage and the waterway of the property which is the subject of
the design, at least one poster or notice. The poster or notice shall
contain the following information: that a public hearing regarding
the design of the Village dock will be held before the Village Planning
Board at a specified place, date and time.
B.
Following the public hearing, the findings of the Planning Board
and the results of the public hearing will be presented to the Mayor
and Trustees for any further action.
C.
The Planning Board shall receive notifications of any actions taken
by county, state, federal or local agencies or municipal departments
regarding a Village dock, and copies of all applicable county, state
or federal permit applications that are required for a Village dock,
including but not limited to the New York State Department of Environmental
Conservation, New York State Department of State, Town of Brookhaven,
and United States Army Corps of Engineers, and any response or action
taken in response thereto.
