Village of Mamaroneck, NY Article V Perimeter Permits

§ 240-20 Permit process for perimeter permits for in-water activity in Mamaroneck Harbor.

A. Any person desiring to commence in-water construction or move or reconfigure any marine structure to moor, dock or service 10 or more vessels at a single site may either apply for a perimeter permit pursuant to this article or may apply for a construction or reconstruction permit pursuant to Article VI of this chapter.

B. In the event that a perimeter permit is issued pursuant to the provisions of this article, then compliance with the provisions of Article VI of this chapter shall not be required.

C. For a perimeter permit, an application may be made, in writing, to the Building Department of the Village of Mamaroneck for in-water marine structures for mooring, docking or servicing 10 or more vessels.

D. The perimeter permit application shall include the following:

(1) A notarized letter of consent if the applicant is not the owner of the upland property.

(2) A site plan map, prepared and sealed by a registered professional engineer or architect, which includes an upland reference of a suitable scale detailing existing conditions of the in-water structures of said property, as well as for a distance of 50 feet on all water sides of the proposed perimeter permit area, showing the uses of the properties within 400 feet. The Harbor and Coastal Zone Management Commission may require a larger site plan map depending on the area. The site plan map shall include all dimensions of fairways immediately adjacent to the permit area defining access to open waters.

(3) A statement describing the nature of planned in-water activity and the type, size and number of vessels contained in the perimeter area.

(4) Proposed plans for changes of construction and usage within the perimeter during the term of the permit.

(5) A listing of names and addresses of all property owners within 400 feet of the subject premises.

(6) The fee specified in or determined in accordance with the provisions set forth in Appendix A347 (Fees) of this Code.

[Added 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]

E. Limitations of the perimeter permit.

(1) No additional boat slips may be incorporated beyond the number which is authorized and approved in the perimeter permit, unless authorized by the Harbor and Coastal Zone Management Commission.

(2) No change in the function or use of the docking facility of the perimeter water area may be undertaken (e.g., floating to fixed docks).

(3) Excavation, dredging, bulkheading or filling shall not be commenced by any person prior to receiving all local, state and federal regulatory approvals or permits.

(4) Boats may not protrude outside of the approved perimeter.

(5) No structure shall lie within a channel, mooring area, or an anchorage area, or their buffer area.

F. Public hearing notification and review procedure for perimeter permits.

(1) Upon receipt of a perimeter permit application that complies in material respect with all applicable submission requirements, the Building Department shall refer the application to the Harbor and Coastal Zone Management Commission for review and determination, and circulate the application to the Village's engineering consultant, Commission counsel and staff, other Commission consultants as determined to be necessary and appropriate, the Harbor Master, the Clerk-Treasurer and the Village Manager for their review and comment. The Harbor and Coastal Zone Management Commission shall calendar a public hearing for each application in accordance with the Commission's Rules of Procedure.

(2) The Harbor and Coastal Zone Management Commission shall review the application at a public hearing that, unless for good cause shown, shall be held no less than 14 days or more than 62 days from the date of receipt of the complete application by the Harbor and Coastal Zone Management Commission from the Building Department.

(3) All property owners within 400 feet of any boundary line of the applicant's property shall be notified by regular mail at least 15 days prior to the public hearing of said hearing date by the applicant, who shall provide proof to the Harbor and Coastal Zone Management Commission of such notification.

(4) Every perimeter permit applicant must post a notification sign on the property which is the subject of said application at least 10 days prior to the public hearing date and must maintain the posted sign in place until the Harbor and Coastal Zone Management Commission has rendered its final decision approving or denying said application. The sign shall be erected not more than 10 feet from the front yard boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of the sign so erected shall be positioned no less than 2.5 feet and no more than three feet above the ground. If the sign's visibility is obscured by vegetation, the applicant must cut the vegetation to a degree sufficient to maintain clear visibility of the sign from the road. If the front yard of the property does not abut a public road, a sign shall be posted in a location that can readily be seen by the public. A sign erected under this provision must be removed within 10 days after the Harbor and Coastal Zone Management Commission has rendered its final decision approving or denying said application.

(5) In the event that an application shall be withdrawn or become inactive, the applicant shall remove the sign within five business days of withdrawing the application or of receiving notice from the Harbor and Coastal Zone Management Commission that the application has been designated inactive. For the purposes of this section, any application which has not appeared on the Harbor and Coastal Zone Management Commission's agenda for six or more months shall be designated inactive. The Harbor and Coastal Zone Management Commission shall notify the applicant, in writing, that the application has become inactive and instruct the applicant to remove the sign until such time as the application shall be reactivated. Once the application is reactivated, the sign shall be posted within three days.

(6) Said sign shall be at least 30 inches by 20 inches in size, consist of sturdy and serviceable material containing a white background with black letters and shall read as follows, in legible lettering at least two inches high:

"ON THIS SITE A (describe action set forth in the application) IS PROPOSED. THIS MATTER WILL BE DISCUSSED AT A HARBOR AND COASTAL ZONE MANAGEMENT COMMISSION MEETING ON (give date) AT (give time) AT (give location)."

The applicant shall update said sign at least two weeks prior to every Commission meeting in which the applicant's matter will be heard.

(7) Prior to the commencement of the public hearing, the applicant shall submit a sworn certification verifying placement and maintenance of the required notice sign. If the certification is not timely submitted, any scheduled public hearings shall be cancelled, subject to rescheduling, and any dispositive action by the Harbor and Coastal Zone Management Commission shall be deferred until timely certification is submitted. In the event of repeated or continued noncompliance with the sign posting and certification requirements, the application may be dismissed at the discretion of the Harbor and Coastal Zone Management Commission.

G. Criteria for consideration of perimeter permits. The Harbor and Coastal Zone Management Commission shall approve, approve with conditions or disapprove an application for a perimeter permit. The approval, approval with conditions or disapproval of any application for a perimeter permit shall be by the majority vote of the Harbor and Coastal Zone Management Commission, using as a guide the following criteria:

(1) The proposal for which an application is made shall not result in an actual or potential hazard to navigation.

(2) The proposal must provide adequate fairways for access to and from open waters.

(3) The proposal is consistent to the maximum extent practicable with the policies of the Local Waterfront Revitalization Program of the Village of Mamaroneck and the Harbor Management Plan contained within it, pursuant to Article VIII of this chapter.

(4) The proposal would not result in a significant, unmitigated adverse environmental impact.

H. Within 65 days of the close of the public hearing on the perimeter permit, the Commission shall approve, approve with conditions, or disapprove the application. The time within which the Commission is to act may be extended by mutual consent of the applicant and the Commission. Noncompliance with the time requirements herein shall not be construed as a default approval.

I. Duration and revocation. A perimeter permit, upon approval, shall remain in effect for five years and may be renewed by the Harbor and Coastal Zone Management Commission for two additional five-year terms upon payment of the fee required by Appendix A347 (Fees) of this Code and proof of compliance with the requirements of the permit and that there are no outstanding violations of the permit at the time of the renewal application.

[Amended 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]

J. Any party aggrieved by a decision of the Harbor and Coastal Zone Management Commission in disapproving a permit application or approving a permit application with or without conditions may take an appeal to the Supreme Court of the State of New York, County of Westchester, pursuant to Article 78 of the Civil Practice Law and Rules, within 30 days of the filing of the decision of the Harbor and Coastal Zone Management Commission with the Village Clerk.