The Water Surface Use Map defines the designated water surface
use of Irondequoit Bay as incorporated in the Irondequoit Bay Harbor
Management Plan. Said Map is hereby adopted by the Town Board, is
incorporated herein as Exhibit A of this Part 2 and declared to be
a part hereof.
[1]
Editor's Note: The Water Surface Use Map is included as an attachment to this chapter.
All vessels operating in the waters of Irondequoit Bay are to
observe the Federal Inland Navigation Rules and comply with Article
4 of the New York State Navigation Law.
A.
No vessel shall be operated on Irondequoit Bay at a speed exceeding
25 miles per hour unless such vessel is being operated for the purpose
of enabling a person engaged in water skiing or other water sport
to be towed, in which case no such vessel shall be operated at a speed
exceeding 35 miles per hour. The Town Board may, by local law, limit
the speed of vessels in Irondequoit Bay waters and post notice of
such speed limits as stated in this Part 2 at appropriate locations
serving boaters, such as marinas, boat launches and parks. Any person
who operates a vessel at a speed faster than specified shall be deemed
to have violated this Part 2 and be subject to its penalties.
B.
No person shall operate a vessel at a speed greater than is reasonable
or prudent, so as not to:
(1)
Endanger the life or limb of another person using the Harbor under
all conditions and having regard to the actual and potential hazards
then existing.
(2)
Disturb the reasonable comfort or endanger persons on or operating
another vessel or cause damage to another vessel, structure, shoreline
property, the environment, or interfere with the free and proper use
of the waters of any channel.
C.
All vessels operating on Irondequoit Bay shall be subject to "No
Wake Zone" requirements. The no-wake/maximum five-mile-per-hour zone
is located within 300 feet of the shore, the channel, a dock, pier,
raft or float or an anchored or moored vessel. Wave-attenuating devices
shall not be subject to the three-hundred-foot no-wake/maximum five-mile-per-hour
zone.
D.
No vessel shall be operated in the channel between Irondequoit Bay
and Lake Ontario or within 300 feet of the shore, the channel, a dock,
pier, raft or float or an anchored or moored vessel in a manner or
at a speed that causes a wake that unreasonably interferes with or
endangers such dock, pier, raft or float or an anchored or moored
vessel, but in no event at a speed exceeding five miles per hour.
E.
Notwithstanding the provisions of Subsection D above, a vessel engaged in water skiing or other towed water sport activities shall be permitted to exceed five miles per hour within 300 feet of shore, the channel, a dock, bridge, pier, raft or float or an anchored or moored vessel to enable a towed participant to take off or land.
F.
The provisions of this section shall not apply to any vessel competing in or practicing for a regatta or boat race over a specified course held by a bona fide club or racing association, provided that a permit has been issued for the same by the authorized Town official, and all provisions of this Part 2 have been complied with.
A.
Dredging within the limits of Irondequoit Bay shall be regulated
by the New York State Department of Environmental Conservation and
the U.S. Army Corps of Engineers. No dredging hereinafter shall be
permitted in any resource protection areas as identified on the Irondequoit
Bay Water Surface Use Map except for maintenance dredging which has
been previously approved.
B.
The only area deemed appropriate for additional dredging is the North
Harbor Area. Dredging in the North Harbor Area should only be considered
with further biological and chemical analysis and approval by the
New York State Department of Environmental Conservation and the U.S.
Army Corps of Engineers. No permits for dredging to accommodate new
and/or expanded facilities should be issued outside of the North Harbor
Area.
A.
Any vessel which becomes a menace to navigation shall be immediately
removed by the owner. Failure on the owner's part to remove such
vessel shall result in its removal by the Town or its designee. The
cost of such removal shall be borne by the owner.
B.
Any vessel which sinks, grounds or otherwise becomes disabled or
incapable of navigation which does not pose an immediate threat to
navigation on the Bay shall be removed or restored to navigable condition
by the owner upon written notice from the Town, which notice shall
be sent by registered mail to the vessel's owner. Failure on
the owner's part to remove such vessel shall result in its removal
by the Town or its designee. The cost of such removal shall be borne
by the owner.
C.
In cases where the Town Board or its designated agent may direct
the removal or disposal of a vessel, the cost of removal, including
storage charges, shall attach to and shall become a lien upon the
vessel and be chargeable against the owner of the vessel. The vessel
may be sold upon direction of the court at a public auction to defray
expenses, and any surplus shall be returned to the owner of record.
The Town shall not be liable for any damage done to the vessel during
its removal, storage and sale.
D.
Unattended vessels shall not be moored or anchored overnight in Irondequoit
Bay without registering the vessel with the Town. Vessels moored or
anchored overnight without registration may be impounded by the Town.
The owner shall be liable for payment of overnight fees, if applicable,
along with expenses for its removal and storage. The Town shall not
be liable for damage done to impounded vessels during their removal
and storage.
E.
Waterfront and shore protection structures shall be maintained and
repaired as necessary and must not pose a threat to shoreline erosion,
boating and public safety.
F.
The water ski raft and water ski course customarily located seasonally
in the southeast corner of the Bay shall not be considered an abandoned
or unattached vessel nor a hazard to navigation, and thus shall not
be subject to the same fees or permits of an abandoned vessel.
A.
Sanitary equipment aboard a vessel must meet the applicable standards
established by the appropriate federal, state and local agencies.
B.
Marina operators shall not discharge any pollutant, such as from
boat washing, power washing, painting and other maintenance activities,
to surface water or groundwaters of the state without a State Pollutant
Discharge Elimination System (SPDES) permit.
C.
Best management practices shall be followed by in-water and waterfront
activities, including but not limited to use of contained work areas
to reduce residuals (e.g., sanding residue, solvents, oils); source
controls (e.g., sander vacuums); use of swales around parking areas
to contain runoff and facilitate percolation and filtering; use of
pervious materials in the upland areas; adequate receptacles for disposal
and recycling of solid waste; holding tanks or dry wells to capture
first-flush runoff; disposal of fish waste; proper on-site storage
and disposal techniques for waste fuel and used oil, spent solvents
and antifreeze and signage directing users to the disposal areas;
petroleum control techniques, including the installation of fuel/air
separators on all vessels and the use of oil-absorbent bilge pads;
minimizing the use of cleaners (teak cleaners, fiberglass polish,
detergents) and bottom paints, cleaning outside the water, and use
of phosphate-free and biodegradable cleaning compounds.
D.
Fueling stations shall be located where spills can be contained in
a limited area; spill contingency plans are in place for storage and
fueling dispensation areas; and spill containment equipment is readily
accessible in a nearby locker.
A.
No person shall ride on water skis or similar devices, or use or
operate a vessel to tow a person thereon within the designated harbor
areas or the navigation channel.
B.
Water skiers in other areas of the Bay shall comply with the provisions
of the NYS Navigation Law.
C.
The seasonal water ski raft and course shall be permitted in the
southeast corner of the Bay without additional restrictions, regulations,
permits or fees as this facility is considered preexisting nonconforming
to this Part 2.
A.
All operators of personal watercraft shall obtain the necessary training
and certification prior to operating any personal watercraft.
B.
All operators and riders of personal watercraft shall wear a United
States Coast Guard approved personal flotation device.
C.
No operators of personal watercraft shall:
(1)
Operate said apparatus in such a manner so as to become airborne
or completely leave the water while crossing the wake of another vessel
(wake-jumping).
(2)
Operate in any manner or at any speed which is reckless, unsafe or
hazardous to public safety, giving due regard to visibility, traffic
density, state of wind, water and current, proximity of other craft,
operators and water users, and proximity of navigational hazards.
(3)
Tow any water-skier, raft or other nonmotorized vehicle, unless the
personal watercraft accommodates three people and has an observer/spotter
on board who is at least 10 years of age.
A.
No person shall skin dive or use self-contained underwater breathing
apparatus (SCUBA) in Irondequoit Bay unless a regulation red diving
flag is displayed in accordance with the Navigation Law. No person
shall allow or permit such diving flag to remain in any area unless
a person is skin diving in said area while such flag is displayed.
B.
No person shall operate a vessel within 100 feet of any area marked
for skin diving by the placement of a regulation red diving flag.
Any commercial use or activity operating on the waters of Irondequoit
Bay shall first receive a permit from the Town in which the docking
facilities accommodating such use are located. No such use or activity
shall be situated or conducted in a manner which may interfere with
the full use of channels and open water, nor shall any vessel engaged
in such use or activity be moored or anchored within a minimum of
50 feet of any dock or other vessel docking or launching facilities.
All organized events such as winter festivals, competitions,
regattas, races or derbies shall be permitted subject to approval
by the Town to minimize conflicts.
No automobiles or trucks shall be permitted on the surface of
Irondequoit Bay at any time.
A.
No bubbler/aeration system shall be installed, modified, enlarged
or repaired in Irondequoit Bay without first obtaining a permit for
such activity from the Town. Application for the permit shall be accompanied
by a location plan and specifications of the proposed installation,
modification, enlargement or repair. The Town shall review said application
with the Harbor Management Committee for the determination of its
potential impacts. Upon a finding that the proposed system will not
create an adverse impact on the Bay or surrounding property owners
and other users in the area, the Town may issue a permit, subject
to conditions and recommendations set forth in the Irondequoit Bay
Harbor Management Plan.
B.
Bubblers involving construction of any type of base shall be subject
to approval by the U.S. Army Corps of Engineers (USACE) and the NYSDEC.
C.
All bubblers installed in Irondequoit Bay shall be accompanied by
signs reading "CAUTION: THIN ICE" during the winter season. Said signs
shall be visible at a distance of at least 100 feet from the affected
area.
Operation of aircraft within the Irondequoit Bay area shall
comply with all applicable federal aviation regulations and Town regulations
pertaining to the construction of landside support facilities.
Any vessel with an approved marine sanitation device or waste
holding tank shall comply with all applicable sanitary codes.
It shall be hereby deemed unlawful to install anchored fountains,
water slides, ski jumps, trampolines, driving ranges or other decorative/recreational
structural devices within the waters of Irondequoit Bay.
The installation of any bottom barriers, use of weed harvesters
or use of aquatic pesticides within the waters of Irondequoit Bay
shall be subject to review by the NYSDEC and may require a permit.