[Added 7-21-2021 by L.L. No. 5-2021]
It has been brought to the Town Board's attention that the overintensification
of deeded waterfront parcels is occurring in the Grand Canal area
of American Venice in the Town of Babylon. This article seeks to regulate
the use of these parcels to promote the more orderly use of this property
and to limit allowable improvements to those specifically related
to boat dockage and waterfront use and access. These parcels do not
meet the minimum lot area requirements for a principal dwelling. In
many cases these parcels have been transferred from the original owner
and are no longer associated with a larger parcel with a dwelling.
The permitted use of these parcels, as set forth in this article,
is primarily for a boat berth and access to the water. Excessive outside
storage and improvements on deeded waterfront parcels may also increase
debris fields and the potential release of pollutants and damage during
storm events thereby increasing recovery needs and costs for the Town
of Babylon.
The geographic area of the Grand Canal Boat Berth District shall
be identified on the amendment to the Official Town Zoning Map titled
"Grand Canal Boat Berth District," filed in the Town Clerk's Office
on ______________.
As used in this article, the following terms shall have the
meanings indicated:
Small vacant parcels of waterfront land intended for the
purpose to provide access to the water and boat dockage. Many of these
parcels were created along canals and waterways of the Town subordinate
to larger parcels with dwellings.
Any vessel, boat barge, or floating structure left, stored or abandoned in a sunk, listing, adrift, wrecked, junked, nonoperable or dismantled condition or made fast along the frontage of a deeded waterfront parcel in an inoperable condition. Vessels stored in an inoperable condition continuously on a deeded waterfront parcel or made fast to a deeded waterfront parcel for three or more years shall also be considered a derelict vessel. A derelict vessel shall be subject to all enforcement actions and procedures of § 133-25, Outdoor deposit or storage of waste.
Any vessel designed or, in fact, used or occupied as a dwelling
unit, living and sleeping quarters, business office or source of any
occupation or for any private or social club of any nature, including
but not limited to a structure constructed upon a barge primarily
immobile and out of navigation or which functions substantially as
a land structure while the same is moored or docked, whether such
vessel is self-propelled or not.
A treatment that allows water to percolate through the subsoil,
such as gravel, stone and paver systems with a pervious subbase.
A.
On deeded waterfront parcels in the Grand Canal Boat Berth District
only the following improvements and uses are permitted without meeting
the minimum lot area requirements, the existence of a principal structure
on the lot and any and all dimensional requirements of the A, B, and
C Residential Zoning districts:
(1)
Bulkhead; stabilized rip-rap; floating docks parallel along
a bulkhead.
(2)
Boatlifts for the purpose of storing vessels.
(3)
Jet-Ski floats/docks.
(4)
A shed not greater than 100 square feet; or
(5)
Gazebo not greater than 100 square feet; or
(6)
A pergola with a footprint not greater than 140 square feet.
The footprint is calculated by the area created by perimeter of the
outer structural members of the pergola.
(a)
The maximum height of a shed, pergola or gazebo shall be 10
feet as measured by the average adjacent grade from the four corners
of the structure.
(7)
Boats, watercraft and trailers.
(a)
Registered boats and trailers. For boats not required to display
a current registration number and sticker, this documentation shall
be provided by the owner of record of the subject parcel at the request
of any Town of Babylon inspector.
(b)
Storage of registered boats and watercraft on blocks.
(c)
The docking of registered boats and watercraft.
(d)
Storage and the docking of canoes, dinghies, kayaks and other
similar nonmotorized craft and registered duck boats.
(e)
Boats must be docked parallel to the deeded waterfront parcel.
(8)
At grade decks, pavers and concrete slab. At grade is defined
as 12 inches or less finished height above the adjacent grade from
as measured from the four corners of the improvement. Pervious treatments
such as stone, gravel and pavers are encouraged and may cover up to
50% of the entire parcel. Slabs and decks shall not exceed a maximum
of 100 square feet. Up to a four-foot-wide dock platform running parallel
and abutting along a bulkhead is not included in this calculation.
(9)
Fences up to four feet in height. Perimeter fencing shall not
be of solid construction; with the exception of the fencing separating
parcels or facing a side yard.
(10)
Uses and minor improvements ancillary to the harvest of shell
or finfish. This includes the storage of minnow pots, crab pots, cast
nets and similar fishing gear.
(11)
All structures and decking must be suitably anchored to prevent flotation and lateral movement during flood events in accordance with Chapter 125 of the Code of the Town of Babylon, Flood Damage Control, and applicable state and federal building codes and regulated in connection with floodplain management.
B.
Only one accessory structure is permitted on a deeded waterfront
parcel, including but not limited to sheds, pergolas and gazebos.
All improvements including but not limited to sheds, pergolas, gazebos,
fences, electric power and lighting, and boat lifts shall require
a building permit. The addition of a pervious surface and/or landscaping
does not require a building permit.
C.
The lot coverage inclusive of both the accessory structure and any
impervious surfaces shall not exceed 50% in any case. Up to a four-foot-wide
dock platform running parallel over the land and abutting a bulkhead
shall be exempt from the lot coverage calculation.
On deeded waterfront parcels the following improvements and
uses are prohibited:
A.
Storage of motor vehicles or commercial equipment or vehicles or docking of commercial vessels as defined in § 86-8C of the Code of the Town of Babylon, except motor vehicles may be parked on the deeded waterfront parcels adjacent to the American Venice Bridges and those parcels with street frontage where on-street parking is prohibited as identified on the Town of Babylon Zoning Map as Grand Canal Boat Berth District Parking Allowed (PA).
B.
Commercial uses, except those ancillary to the harvest of shell or finfish. All other provisions of Chapter 86 and the Town of Babylon Zoning Code not in conflict with this article apply.
C.
Floating homes or the use of a boat or vessel for live aboard occupancy.
D.
Installation of perpendicular docks and/or poles to allow perpendicular
docking of vessels.
E.
The installation of above and below ground tanks and any fuel or
chemical storage.
F.
No improvements or placement of objects shall be constructed within
the Town of Babylon right-of-way (ROW).
G.
Any uses prohibited in the A, B and C Residence Districts pursuant to Chapter 213 of the Zoning Code of the Town of Babylon.
H.
Installation of sanitary facilities.
I.
Habitable space and/or occupancy of any type.
J.
Campers and motor homes.
K.
Tents, canvas or fabric garages or shelters, or other similar pop
up structures erected for greater than 24 hours.
L.
No docked watercraft or permanent or temporary float, dock or pier
or other structure can encroach in the authorized navigation channel.
The following is required for any construction or electrical
work:
A.
As applicable New York State Department of Environmental Conservation
and United States Army Corp of Engineers.
B.
Underwriters certificate for any electrical improvements such as
dock power, electrical outlets and lighting in connection with any
duly authorized Town of Babylon building permit.
C.
Town of Babylon Department of Public Works Engineering Division approval
for any bulkhead work if a drainage easement exists on site or for
any work above a drainage easement.
At all times the owner of a deeded waterfront parcel shall keep
its premises and improvements in a safe, sightly, clean, neat and
wholesome manner. All improvements and landscaping and turf shall
be maintained, including fences, bulkheads, sheds in a manner mindful
and respectful of the community. Bulkheads shall be properly maintained
to remain in a functional state and not be allowed to rot or deteriorate
or so as to create or allow for erosion into the Grand Canal or an
adjacent parcel.
Excessive outside storage of materials defined as greater than
30% lot coverage and 70% lot coverage for boat storage on the parcels
shall be prohibited. Only boating, watersport and marine related items
shall be stored on a deeded waterfront parcel. With the exception
of boats, storage of materials shall not exceed four feet in height.
Derelict or abandoned vessels, barges or floating structures shall
not be docked or stored on deeded waterfront parcels as defined in
this article.
