[HISTORY: Adopted by the Town Board of the
Town of Conesus 4-6-2021 by L.L. No. 1-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 74,
Docks, Piers, Wharves and Moorings, adopted 10-05-2004 by L.L. No. 2-2004.
A.
This chapter applies to the waters of Conesus Lake wholly within
or bounding the Town of Conesus and not within any other town.
B.
This chapter is not intended to restrict or regulate placement or
operation of docks used by the State of New York, Livingston County
or any municipality for public purposes.
C.
Docking, mooring and/or berthing facilities may not be used for sleeping
or lodging.
A.
Water rights lines, generally. The terms "littoral and/or riparian
lines, rights, zones" are purposely not used in this chapter. Instead,
this chapter uses the term "water rights lines." Water rights lines
are used in this chapter for the application of rules, location of
docks, mooring, etc., for a particular parcel or parcels. Water rights
lines are not property lines. Water rights lines as defined below
are applied throughout this chapter and illustrated in the attached
diagrams.[1]
[1]
Editor's Note: Said diagrams are included as an attachment to this chapter.
B.
BERTH
BOAT SLIP
DOCK
EASEMENT/RIGHT-OF-WAY
HOIST
LAKESHORE PARCEL
LAKESHORE PARCEL OWNER
LINEAL FEET OF LAKESHORE
LONG LAKE METHOD
MEAN HIGH WATER (MHW)
MEAN HIGH-WATER MARK (MHWM)
MOORING, BERTHING, ANCHORING AND DOCKING FACILITIES
ROUND LAKE METHOD
SHARED ACCESS
WATER RIGHTS LINES (WRL)
WHARF
General definitions. As used in this chapter, the following terms
shall have the meanings indicated:
See "boat slip."
The area of any structure, boat hoist structure, boat station,
boathouse, dock or pier or any other facility the purpose of which
is storage of one boat.
Any wharf, structure or fixed or movable platform extending
out from the shore over the water, built on floats, columns, open
timber, piles or similar open work supports, regardless of whether
it is permanent or removable in nature.
The right of one person, of several persons, or of the community
at large to pass over or have access to the land of another.
Any mechanical device the purpose of which is to raise or
lift a boat out of the water for waterside storage alongside a dock
or wharf.
A parcel of land contiguous to and bordering the waters of
Conesus Lake.
The person or persons having title in fee to a parcel of
land that is contiguous to and bounds the waters of Conesus Lake.
A geometric method of adjusting water rights lines. See Diagram
3[3] for a graphic description of this method.
The approximate average high-water elevation for Conesus
Lake. For the purpose of this chapter, the MHW for Conesus Lake is
818.5 feet. The elevation of 818.5 feet was verified by the State
of New York, Office of General Services, in March 2007, based on hourly
water level data from 1990 through 2006. The MHW for Conesus Lake
referenced to the National Geodetic Vertical Datum of 1929 (NGVD29)
from data recorded by the United States Geological Survey (USGS) is
819.4 feet. Under Article 15, Title 5, Environmental Conservation
Law, Part 608, the Department of Environmental Conservation (DEC)
will use the mean high-water elevation for Conesus Lake of 819.4 for
DEC applications.
The point of intersection of a lakeshore parcel lot line
with MHW of Conesus Lake.
A waterside area used for the berthing, anchoring or mooring
of boats or other floating craft, whether manually, mechanically or
sail powered. "Mooring" refers to tying up a boat to a permanently
anchored floating object. "Anchoring" involves securing a boat temporarily
to the lake bottom using an anchor. "Docking" refers to tying up a
boat to a structure, such as a dock, hoist or wharf, which is attached
to the shore or affixed to the bottom of the lake and the shore.
A geometric method of adjusting water rights lines (also
known as "pie method"). See Diagram 2[4] for a graphic description of this method.
Access such that when a parcel or parcels of land not being
contiguous to or having frontage on the waters of Conesus Lake have
a right of access over a lakeshore parcel, thereby providing rights
of access to the waters of Conesus Lake to such non-lakeshore parcel(s),
which may or may not additionally include the right to place a dock
and/or to dock, moor or anchor a boat. Such shared access shall be
via deed, easement or prescriptive rights and must be recorded prior
to October 5, 2004.
Water rights lines define the location of the boundaries for the placement of mooring, berthing, anchoring and docking facilities, and all other facilities subject to this chapter, with respect to a particular parcel or parcels. The methods for establishing water rights lines are found in § 74-4A(1) through (5).
A structure of stone, concrete or timber or other material
permanently built on the shore or projecting out into the lake so
that boats may be secured alongside to load or unload or to be at
rest.
[2]
Editor's Note: Said diagram is included as an attachment to this chapter.
[3]
Editor's Note: Said diagram is included as an attachment to this chapter.
[4]
Editor's Note: Said diagram is included as an attachment to this chapter.
A.
Boats subject to regulation. Boats which are subject to the limitations
in this chapter shall be those boats which are either motorized or
which are at least 14 feet in length.
B.
Number of boats. The number of boats permitted to be docked, moored
or anchored at a single lakeshore parcel, including all easements/rights-of-way
associated with such parcel, shall not exceed the following:
|
Lineal Feet of Lakeshore
|
Number of Boats
|
|---|---|
|
Less than 15 feet
|
1 boat allowed
|
|
15 to 20 feet
|
2 boats allowed
|
|
Each additional 20 feet beyond initial 20
|
1 additional boat
|
|
Example: A lakeshore parcel with 50 lineal feet of lakeshore
is allowed three boats, two for the initial 20 feet, plus an additional
boat for the additional 20 feet.
|
C.
Number of docks. One dock is allowed for up to 50 lineal feet of
lakeshore. An additional dock is allowed for each additional 50 feet
of lineal feet of lakeshore, so long as each dock can be placed in
compliance with the requirements of this chapter.
Example: A lakeshore parcel with 60 lineal feet of lakeshore
is allowed one dock.
D.
Special regulations for existing shared access. The following provisions
apply to lakeshore parcels which provide shared access to non-lakeshore
parcels (i.e., "shared access lakeshore parcels"):
(1)
Number of boats. Where a shared access lakeshore parcel allows, by explicit terms of the relevant shared access documentation, the mooring, berthing, docking or anchoring of a boat by a non-lakeshore parcel with shared access to the subject lakeshore parcel, the number of boats permitted on the subject shared access lakeshore parcel may exceed the number of boats otherwise permitted per Subsection B herein, but only by one boat for each non-lakeshore parcel with such shared access right to moor, berth, dock or anchor a boat at the shared access lakeshore parcel, and only so long as: 1) the relevant Shard Access was recorded prior to October 5, 2004, 2) such boat(s) may be safely stored and have safe ingress and egress out of the parcel, and 3) the additional boat(s) permitted by this provision shall only be permitted to the extent utilized by the non-lakeshore parcels with the relevant shared access rights to moor, berth, dock or anchor a boat at the shared access lakeshore parcel.
(2)
Number of docks. Where a shared access lakeshore parcel allows, by explicit terms of the relevant shared access documentation, the placement of a dock at the lakeshore parcel by a non-lakeshore parcel with shared access to the subject lakeshore parcel, the number of docks permitted on the subject shared access lakeshore parcel may exceed the number of docks otherwise permitted per Subsection C herein, but only by one dock for each non-lakeshore parcel with such shared access right to place a dock at the shared access lakeshore parcel, and only so long as: 1) the relevant shared access was recorded prior to October 5, 2004, 2) no mooring, berthing, anchoring or docking facility is located within five feet of any water rights line, 3) each dock within the subject parcel's water rights line is placed at least five feet apart, and 4) additional docks permitted by this provision shall only be permitted to the extent utilized by the non-lakeshore parcels with the relevant shared access rights to place a dock at the shared access lakeshore parcel. Where the lineal frontage of the shared access lakeshore parcel is such that the five-foot setback from the water rights lines cannot be met even for a single dock, only a single dock is permitted, and shall be placed as far from the water rights line(s) as is physically permitted.
(3)
The owner of the lakeshore parcel providing shared access shall be
responsible for any violations of this chapter. Shall the Code Enforcement
Officer request proof of shared access to substantiate the benefits
being afforded to such owner's parcel via this subsection, such
documentation shall be provided by the owner of the lakeshore parcel
promptly. The subject parcel will not be afforded the benefits of
this subsection where it cannot substantiate that shared access exists
and has been established prior to October 5, 2004.
(4)
This subsection is not intended to impact the private rights between
private parties relative to shared access. Instead, this subsection
regulates the total number of boats/docks permitted on the subject
lakeshore parcel, and any impact relative to private parties'
shared access is incidental to such purpose. Disputes between private
parties relative to their respective private rights shall be settled
between such private parties.
E.
Lakeshore business permit for businesses on lakeshore parcels.
(1)
Lakeshore properties which are primarily and legally used to operate a commercial business, such as but not limited to restaurants, campgrounds, hotels and marinas, may exceed the boat and dock limitations at Subsection C herein but only pursuant to a lakeshore business permit issued by the Town Board. This provision shall in no event apply to single-family homes (including that this provision shall not apply to the rental of single-family homes).
(2)
Such lakeshore business permit shall be considered by the Town Board
after letter application to the Town Board by the lakeshore parcel
owner describing the business operations and setting forth its desired
use of the lakeshore frontage, including the number of boats (including
those of customers) and docks to be utilized. The application shall
include a plan depicting the proposed number of docks and boats to
be accommodated. In considering whether to grant such permit, the
Town Board shall base its decision upon the following, and may impose
conditions related to such factors:
(a)
Whether the proposed lake use is consistent with legally operating
commercial business use of the subject parcel. In making this consideration,
the Town Board shall consider whether and to what extent the requested
relief is consistent with the needs of the business.
(b)
The impact of the proposed lake use on surrounding lake uses,
including provision of safe water ingress and egress.
(c)
In considering the above, where a parcel is being or has been
used for the same or a similar lake use historically, such shall be
an indication that the current proposed lake use is appropriate.
(3)
In issuing such permit, the Town Board may alter or waive any limitations
herein, and may impose conditions, but only so long as such waiver,
alteration or conditions would be consistent with the factors in this
subsection. Such permits shall expire three years after issuance unless
renewed prior to such expiration by way of another application per
this subsection. Any changes to this permit shall be approved by way
of an amendment to such permit after application to the Town Board,
subject to the same procedures herein for the underlying business
permit.
A.
Water rights lines, generally. For the purpose of this section, mooring,
berthing, anchoring and docking facilities shall be placed within
the water rights lines of a lakeshore parcel so as not to interfere
with the lakeshore usage of adjacent lakeshore parcels. Water rights
lines are determined using the following method (see Diagram 1[1]):
(1)
Determine the mean high-water mark for the lakeshore parcel and the
two adjoining lakeshore parcels (four points).
(2)
Draw lines connecting the mean high-water marks. These lines are
called "mean high-water tie lines."
(3)
Where two mean high-water tie lines meet, measure the angle formed
by the tie lines on the water side.
(4)
Bisect (divide by two) the waterside angle from Subsection A(3). The line running from the MHWM through the bisected angle point will establish the location of the water rights line.
(a)
The water rights lines for lakeshore parcel Tax Map No. 101.1-1.2
shall be drawn from the mean high-water mark for these parcels parallel
to the Town of Livonia/Town of Conesus town line. This provision prevents
the water rights lines and the resulting placement of docks from extending
into the Town of Livonia.
(b)
The water rights lines for lakeshore parcel 6131 West Lake Road,
Tax Map ID No. 110.69-1-1, shall be drawn from the mean high-water
mark for these parcels parallel to the Town of Groveland/Town of Conesus
town line. This provision prevents the water rights lines and the
resulting placement of docks from extending into the Town of Groveland.
(6)
Lakeshore parcels located in lake recesses or coves, or at the head
or foot of the lake, shall use the round lake method (also known as
"pie method," Diagram 2[2]) to adjust water rights lines as follows:
(a)
When lakeshore parcels are located at the head or foot of the
lake, the radius point shall be located on the center thread of the
lake, at a distance from the lakeshore equal to the radius of a circle
most closely circumscribing the lakeshore, providing adjusted water
rights lines that extend to at least 200 feet. The radius point may
have to be moved to achieve the 200-foot water rights line.
(b)
When lakeshore parcels are located in lake recesses or coves,
the radius point shall be located at an approximate distance from
the lakeshore equal to the radius of a circle most closely circumscribing
the approximate lakeshore, providing adjusted water rights lines extend
to at least 200 feet. The radius point may have to be moved to achieve
the 200-foot water rights line.
(c)
The long lake method is not used in this regulation to determine
water rights lines. In rare and unusual circumstances, the long lake
method may be used to adjust water rights lines until water rights
lines extend to 200 feet at the point of intersection. In the long
lake method, a line perpendicular to the center thread line of the
lake is drawn to the high-water mark on the lakeshore parcel lot line
(the same initial point of the water rights line). The water rights
line is then adjusted toward the perpendicular line until the water
rights line extends to 200 feet in length at the point of intersection
(see Diagram 3[3]).
[3]
Editor's Note: Said diagram is included as an attachment to this chapter.
[2]
Editor's Note: Said diagram is included as an attachment to this chapter.
(7)
Proof for complaint. It is each lakeshore parcel owner's responsibility
to accurately determine its water rights lines. However, if a complaint
is filed with the Town of Conesus Building and Zoning Department office
concerning the infringement of water rights lines (for example, encroachment
of docks or mooring of boats in violation of this chapter), it is
the responsibility of the complainant to satisfactorily prove the
location of the complainant's water rights lines in relation
to the allegedly infringing adjoining parcel to support the complaint.
Without such proof, the complaint will not be addressed by the Town.
Acceptable proof would be a survey prepared by a New York State registered
surveyor licensed according to the New York State Education Law, the
cost of which being the responsibility of the complainant.
(8)
Water rights lines. The Town of Conesus Building and Zoning Department
may, but is not obligated or responsible to, determine in any way
the location of water rights lines, nor is it responsible for the
cost of such determination, absent sufficient proof. The Code Enforcement
Officer shall require appropriate documentation/proof, including surveys
(when necessary), when required to determine and verify water rights
lines.
[1]
Editor's Note: Said diagram is included as an attachment to this chapter.
B.
Placement of docks, etc. Mooring, berthing, anchoring and docking
facilities shall be placed so that all boats secured to such facilities
are contained within the water rights line of the lakeshore parcel.
Additionally, no mooring, berthing, anchoring or docking facility
shall be located within five feet of any water rights line.
C.
Location of boats. No boat shall be moored, berthed, docked or anchored
within five feet of any water rights line.
D.
Placements of boats and docks for small parcels. Notwithstanding Subsections B and C above, when a lakeshore parcel contains less than 21 lineal feet of lakeshore frontage, all mooring, berthing, anchoring and docking facilities shall be centered between the water rights lines. In circumstances where if a dock is centered between the water rights lines, moored boats secured to such facilities would not be contained within the water rights lines of the lakeshore parcel, then Subsection D(1) through (3), below, will apply.
(1)
Parcels greater than 16 feet but less than 21 feet. Lakeshore parcels
with more than 16 feet but less than 21 feet of lineal lakeshore frontage
may place the dock along either water rights line of the lakeshore
parcel. However, the dock shall maintain a five-foot setback to the
water rights line opposite the placement of the dock. This single-side
setback provision is intended to maintain open water passage to the
lakeshore between parcels of similar size using this provision. A
sign shall clearly show docking is permitted only within the water
rights line of the lakeshore parcel (in this case, on the one side
of the dock only).
(2)
Parcels less than 16 feet. For lakeshore parcels of less than 16 feet of lineal lakeshore frontage, all setback requirements at Subsections B and C directly above are removed, provided that docks and moored boats be secured so they are contained within the water rights lines of the lakeshore parcel. Lakeshore parcels of less than 16 feet of lineal lakeshore frontage may place the dock along either water rights line, provided a sign shall clearly show docking is permitted only within the water rights line of the lakeshore parcel (in this case, on the one side of the dock only).
(3)
Converging water rights lines. For lakeshore parcels where converging
water rights lines are reduced to 21 feet apart and the dock is not
centered, a five-foot setback will be maintained from the water rights
lines opposite the placement of the dock. Where converging water rights
lines are reduced to 16 feet, all setback requirements are removed,
provided moored boats be secured so they are contained within the
water rights lines of the lakeshore parcel. A sign shall clearly show
docking is permitted only within the water rights line of the lakeshore
parcel (in this case, on the one side of the dock only).
F.
Consolidation.
(1)
A group of two or more adjoining lakeshore parcels may agree to treat
their parcels as a single parcel for purposes of this chapter. All
participating parcels shall together comprise one contiguous span
of lands. The owners of such parcels must submit a letter to the Building
Inspector requesting such consolidation, which shall be granted so
long as the requirements of this subsection are met. The request shall
provide:
(a)
The addresses and owners of each participating parcel;
(b)
The signature of each owner of each participating parcel;
(c)
A map depicting the participating parcels, the proposed dock
locations, the water rights lines, and the setbacks;
(d)
That such owners intend to have the parcels consolidated per
this chapter; and
(e)
When treated as a single parcel, the participating consolidated
parcels meet the requirements of this chapter.
(2)
Upon approval of such application by the Building Inspector, the
consolidated parcels shall be treated as a single parcel for purposes
of this chapter, with the outermost water rights lines of each of
the exterior parcels to be treated as the water rights lines for the
consolidated parcel. The consolidation shall remain in effect until
any one or more of the participants withdraw by providing written
notice of termination of the consolidation to the Building and Zoning
Department and the participating lakeshore parcel owners. Upon such
termination of the consolidation, the lakeshore parcels that were
participating will then each individually be subject to and governed
by the provisions of this entire chapter.
(3)
New ownership of any participating lakeshore parcel shall act to
terminate the consolidation, unless an updated consolidation letter
application is approved by the Building Inspector.
A.
Due to the seasonal nature and usage of mooring, berthing, anchoring
and docking facilities in and around the waters of Conesus Lake, it
is specifically intended that such mooring, berthing, anchoring and
docking facilities located within the waters of Conesus Lake and the
territorial limits of the Town of Conesus shall not be considered
permanent structures for purposes of grandfathering, vested rights,
or any other rights.
B.
Due to their temporary nature, mooring, berthing, anchoring and docking
facilities shall not carry with them any rights that vest in the property
owner with regard to placement, length or configuration. Allowable
placement, length, configuration and/or other elements relating to
mooring, berthing, anchoring and docking facilities shall be determined
pursuant to the provisions of this chapter and applicable New York
State and federal law.
C.
All conditional and/or special use permits granted prior to the effective
date of this chapter or under any prior version of the Docks and Moorings
Law are deemed to be null and void and of no effect at law after the
effective date of this chapter. Should a new permit be required, owners
will have a grace period of six months after adoption of this chapter
(during which no violation will accrue) to apply for such permit(s)
under this chapter.
Lakeshore parcel owners aggrieved by the decision of the Code
Enforcement Officer may appeal the decision to the Conesus Zoning
Board of Appeals pursuant to § 267-a of the Town Law, including
that variances may be addressed pursuant to the standards at Town
Law § 267-b.
Any mooring, berthing, anchoring and docking facilities in violation
of this chapter shall be removed upon direction of the Code Enforcement
Officer, whether or not an appeal or application for site plan is
pending. This remedy is not the exclusive remedy of the Town.
Failure to comply with this chapter shall be considered a violation
and is punishable by a fine not to exceed $500 or imprisonment for
a period not to exceed 15 days, or both a fine and imprisonment. Each
week's continued violation shall constitute a separate additional
violation. The remedies herein are not exclusive, and the Town shall
have the powers and may exercise all privileges and rights as herein
provided and otherwise available by law.
