A.
The Town of Penfield accommodates a range of public and private waterfront
uses and activities, including recreational and commercial boating,
anchorage and mooring areas, marinas, and other maritime festivals,
special events and regattas, charter vessels, sport fishing, small
craft recreation, personal watercrafts, and swimming.
B.
The purpose of this Part 2 is to establish standards, requirements
and procedures for the environmental protection of the Irondequoit
Bay sensitive natural areas and resources; improve and protect its
water quality for desired uses which emphasize a healthy aquatic ecosystem;
ensure that development around the Bay occurs without impacting significant
resources (e.g., environmental, historical, archeological, and aesthetic
features); regulate the operation of vessels and matters relevant
to navigation and safety; minimize and resolve water surface use conflicts
and conflicts among all users and stakeholders of the Bay; improve
public access to diverse recreational opportunities on Irondequoit
Bay; and make it an integral part of local and regional tourism development
efforts.
A.
This Part 2 is adopted pursuant to Navigation Law § 46-a and Article IX(2)c of the State Constitution, Municipal Home Rule Law and Executive Law Article 42, § 922, Waterfront Revitalization of Coastal Areas and Inland Waterways.
B.
The provisions of this Part 2 shall apply to all structures and activities
on Irondequoit Bay within the corporate limits of the Town of Penfield
and to a distance of 1,500 feet from the shore as described on the
official Water Surface Use Map.
As used in this Part 2, the following terms shall have the meanings
indicated:
Any weighted device used to secure a vessel temporarily to
the harbor bottom.
The Harbormaster, Building Inspector, Code Compliance Officer,
Town Clerk or any other official designated by the Town Board.
See "boat slip."
Any mechanical device or structure used for the purpose of
raising a boat out of the water and storing it on or off site.
Public and private facilities that may provide boarding piers
(sometimes called a courtesy pier, launch dock, pontoon or jetty)
where boats are temporarily moored for embarking and disembarking,
one or more (paved or unpaved) launch ramps that are sloped surfaces
designed for launching and retrieving trailered boats and parking
areas for boats and trailers.
The area of any dock or pier or any other facility the purpose
of which is the storage of one boat.
Any wet berth or dry berth facility used for the purpose
of docking, mooring, or indoor or outdoor on-land storage (including
racks and trailers) of marine vessels.
A mechanical device designed to keep ice from forming around
docks or docked vessels.
Water area specifically reserved for unobstructed free flow
of vessels operating in Irondequoit Bay, as identified on the official
Irondequoit Bay Harbor Management Plan Water Surface Use Map.
Any waterside man-made structure (e.g., fountain, aerator,
light, canopy) for use in enabling water-dependent activities, the
profile of which is visible above the surface of the water and which
is affixed in some way to the shore or the Bay bottom to hold its
position.
A structure that extends from the shoreline into the water
and designed to provide riparian access and/or securing of watercraft.
To dig or deepen a waterway by manual or mechanical means.
The vertical storage of boats in rack systems for in-and-out
launching and retrieval of boats as well as winter storage. Dry stack
racks can be located either outside or inside and are usually located
on near a waterfront, often at a marina or boatyard. Dry stack storage
facilities can stack boats from two levels to six levels high. Boats
are loaded and unloaded from the racks using forklifts.
Environmentally sensitive areas within the Town such as steep
slopes, watercourses, floodplains, wetlands and woodlots where certain
activities are regulated through a permit process.
Areas depicted on the Irondequoit Bay Harbor Management Plan
Water Surface Use Map; an unmarked navigation way where previous dredging
operations have created a channel to access dock facilities. (These
channels are considered preexisting, nonconforming uses in the Harbor
Management Plan. Fairways function as overlay zones and are primarily
designed to maintain clear paths of travel connecting berthing areas
and destinations.)
A structure buoyant on the water surface, anchored to the
underwater lands by cables or lines, and detached and independent
of a dock or bulkhead, which provides an offshore surface for swimmers
or other recreational, water-dependent purposes.
Any vessel used, designed, or occupied as a permanent dwelling
unit, business office, base of occupation, or private or social club
of whatever nature, including but not limited to a structure constructed
upon a barge primarily immobile and out of navigation which functions
substantially as a land structure while the same is moored or docked
in Irondequoit Bay.
Areas depicted on the Irondequoit Bay Harbor Management Plan
Water Surface Use Map to provide public access, safe refuge, transient
berthing and economic development opportunity. All designated harbor
areas meet three primary locational criteria, including water depth,
waterfront development district zoning and landside support (parking
and utilities). Four harbor areas are designated on the Water Surface
Use Map and include the North Harbor, the Center Harbor, Glen Edith
and the South.
A committee comprised of representatives from state, county
and local agencies with permit and oversight jurisdiction on Irondequoit
Bay.
A plan adopted by the Towns of Irondequoit, Penfield and
Webster and approved by the New York State Secretary of State and
composed of policies, goals, objectives and standards for harbor management
within Irondequoit Bay.
Appointed by the Town Boards of Irondequoit, Penfield and
Webster, whose primary responsibility is the administration and enforcement
of the Irondequoit Bay Harbor Management Plan and local laws pertaining
to the management of Irondequoit Bay.
See "boat hoist."
Any dock, pier, or other facility operated for profit, or
to which public patronage is invited, providing moorings, dockage
or other marine services primarily for power and sailing vessels and
other watercraft.
The approximate average low water level or high water level
for Irondequoit Bay, determined by the U.S. Army Corps of Engineers
based on 1985 International Great Lakes Datum (IGLD). According to
the New York State Department of Environmental Conservation, Division
of Environmental Permits, the mean high water level for Irondequoit
Bay is 247.3 feet (75.4 m) and the mean low water level is 243.3 feet
(74.2 m) above sea level.
A device with its associated tackle, such as chains, floats,
and other equipment, manufactured and used specifically for the long-term
or transient securing of a vessel to the harbor bottom. This device
typically consists of an anchoring weight (mushroom or other) which
is placed on the bottom and is connected to a floating device (i.e.,
ball), cables, chains, or lines.
A sign, buoy or floating object, buoyant or affixed to land
or a structure, and possibly lighted or emitting a sound, that has
been installed by a local, state, or federal agency, or a private
entity with the approval of such government agency, for the sole purpose
of assisting in the safe operation of a vessel or identifying a way
to port or other marine-related destination.
Depicted as the Outlet Channel on the Irondequoit Bay Harbor
Management Plan Water Surface Use Map. This channel is considered
a federal navigation channel, is identified with channel markers and
extends from Stony Point through the Outlet to Lake Ontario. This
navigation channel is regulated with a no-wake/five-mile-per-hour
zone pursuant to the New York State Navigation Law.
Areas depicted on the Irondequoit Bay Harbor Management Plan
Water Surface Use Map to ensure that travel is not limited or impacted
by water surface use or structures and to ensure safe use of the Bay.
Navigation ways delineate the navigation channel and fairways.
Areas depicted on the Irondequoit Bay Harbor Management Plan
Water Surface Use Map, defined in this Part 2 as being all areas within
300 feet of shore.
Area depicted on the Irondequoit Bay Harbor Management Plan
Water Surface Use Map not encumbered by any other designations. This
area supports active recreational use.
A person or entity granted a permit.
A vessel that uses an inboard motor powering a water jet
pump as its primary source of motive power, such as Jetskies™,
Wave-runners™, Sea-doo™, or hybrids thereof, and which
is designed to be operated by a person sitting, standing or kneeling
on the vessel.
A structure, usually wood or masonry, extending into the
water, used as a landing place for boats and ships.
See "float."
Two or more boats anchored together on a temporary basis.
See "boat hoist."
Structures such as slides and trampolines and their support
systems.
Areas depicted on the Irondequoit Bay Harbor Management Plan
Water Surface Use Map associated with the presence of sensitive natural
resources.
The period from April 1 to December 1 of each calendar year.
The mean high water line (247.3 feet above the 1985 International
Great Lakes Datum) for Irondequoit Bay at a given location that distinguishes
between predominantly aquatic habitat and predominantly terrestrial
habitat.
The water areas designated on the Irondequoit Bay Harbor
Management Plan Water Surface Use Map that are reserved specifically
for the mooring of vessels.
Any public mooring utilized for short-term purposes.
All waterborne craft or other contrivance capable of being
used as a means of transportation in the water, including seaplanes
and personal watercraft.
The person or entity under whose name the vessel was last
registered in accordance with the State Vehicle and Traffic Law or
documented in accordance with the provisions of 46 U.S.C. Chapters
121 through 125, and in any other case the last known owner or the
person who claims lawful possession of such vessel by virtue of legal
title or equitable interest therein which entitles him/her to such
possession.
Any activity that can be conducted on, in, over or adjacent
to a water body, because such activity requires access to water, and
involves the use of water as an integral part of the activity.
An official map of the Irondequoit Bay water surface use
as incorporated in the Irondequoit Bay Harbor Management Plan.
A floating mechanism designed solely to diffuse wave energy
to protect the shoreline and/or water-dependent improvements.
A.
Harbor Management Committee.
(1)
The Town Board shall appoint a member and an alternate member to
the Committee who shall represent a range of harbor interests, including
but not limited to navigation and boating safety, commercial operations,
recreational marinas, marine infrastructure, special events and maritime
history. The Committee shall be composed of six voting members consisting
of one representative from each of the Towns of Irondequoit, Penfield
and Webster, appointed by their respective Town Boards; a representative
of the County of Monroe appointed by the County Executive; a representative
of the New York State Department of Environmental Conservation, appointed
by the Regional Director; and a representative of the New York State
Department of State appointed by the Secretary of State. The Harbormaster
shall be a nonvoting, ex-officio member of the Committee. The Committee
shall meet at least four times per year. Additional meetings may be
scheduled to address issues of importance as deemed necessary.
(2)
Committee members shall serve until they are replaced by the appointing
authority. Vacancies shall be filled as necessary and in accordance
with the initial appointment.
(3)
The Chairperson shall be elected for the following year by the members
of the Committee at the last meeting of each year.
(4)
The Committee shall receive and review reports from the Harbormaster
pertaining to recreational boating and marinas; navigation and safety;
navigational aids; depth of water and dredging needs; moorings; marine
structure conditions and the need for repair; the use of local docks
and facilities; regattas; special events and enforcement activities
and violations.
(5)
The Committee shall make recommendations regarding the use of the
Harbor waters as requested by the Town Board and as the Committee
may otherwise deem appropriate.
(6)
The Committee shall review the Irondequoit Bay Harbor Management
Plan and this Part 2 and recommend revisions to the Town Boards, as
necessary. The Harbor Management Plan shall be reviewed and updated
at least once every 10 years, if necessary.
(7)
When requested by the Town Board, or when there is a Harbormaster
permit issuance dispute, the Committee shall act as a mediator.
(8)
The Committee shall seek to resolve disputes to the satisfaction
of the parties at hand while meeting goals and objectives of the Harbor
Management Plan.
(9)
To commence its review, the Committee shall be formally notified by the Town Board of a particular conflict, with a description of the issue at hand. In handling such cases, the Committee shall examine the sites of the proposed activities and affected areas, current zoning, compliance with the Irondequoit Bay Harbor Management Plan, this Part 2 and other applicable sections of the Town Code.
(10)
A Committee member may be removed for cause or in the event
of absence from three consecutive meetings.
B.
Harbormaster. The Harbormaster appointment shall be recommended by
the Committee and approved by the Town Boards. The duties of the Harbormaster
shall be to enforce this Part 2 and provide other assistance as needed
to implement the Irondequoit Bay Harbor Management Plan.
