[Added 6-17-1993 [1]]
[1]
Editor's Note: This ordinance also repealed
former Art. IV, Establishment of Planned Unit Development Districts,
which consisted of §§ 225-23 through 225-33, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be administered and enforced
by the Commissioner of Public Works or his/her division head, agent
or designee in accordance herewith.
No dock, berthing or mooring shall be erected,
located, moved or structurally altered until a permit for such dock
installation, location or alteration shall have been issued by the
Town of Webster in accordance with the provisions hereof. Prior to
the issuance of a dock permit, a dock plan shall be submitted to the
Planning Board for its review pursuant to this article.
[Amended 5-16-1996]
The Planning Board of the Town of Webster shall possess dock plan review authority. The Planning Board, in accordance with the provisions of § 274-a of the New York State Town Law and § 46-a of the New York State Navigation Law, shall have the authority to review and approve dock plans accessory or incidental to or included with the following uses, as defined in Chapter 350 of the Town Code, of the adjacent littoral parcel prior to the issuance of any dock building permits:
A.
A single-family
detached dwelling, multiple-family dwelling or townhouse dwelling.
B.
Public parks,
playgrounds or similar public, recreational uses authorized or operated
by a public agency and not operated for profit.
C.
Parks, playgrounds
or other similar private recreational uses authorized or operated
by a homeowners' association comprised of owners of single-family
detached dwellings, multiple-family dwellings or townhouse dwellings
and not operated for profit.
D.
Municipally owned
and/or operated buildings or structures and other governmental uses
and activities.
E.
Private clubs
or camps, private membership clubs, lodges or fraternal organizations,
neighborhood or community centers, or other similar uses.
F.
Restaurants,
yacht clubs, hotels, stores, shops or other similar uses.
G.
Marinas, docking
basins, boat launching ramps, mooring facilities, boat service, repair
or storage facilities.
H.
Public utility
buildings or structures.
I.
Combinations
of permitted principal uses.
J.
Other uses not
enumerated above upon a finding of the Planning Board that review
of such dock plan will further the enunciated purposes of this chapter.
K.
In the case of
a dock plan accessory or incidental to or included with development
of four or fewer dwelling units, the Planning Board of the Town of
Webster, upon preapplication sketch plan conference, may direct that
the application proceed under the direction of the Department of Public
Works for development consistent with the provisions of this chapter.
A.
Preapplication
sketch plan conference.
(1)
At the time
of application for preliminary dock plan approval, the applicant shall
first have a sketch plan conference with the Town Planning Board.
The sketch plan conference and all further procedures under this article
may or may not proceed in conjunction with the site plan approval
process involved in development of the adjacent littoral parcel, at
the option of the applicant. The sketch plan conference shall be conducted
at a regularly scheduled meeting of the Town Planning Board but shall
not be a public hearing. It shall, however, be noticed in a newspaper
of general circulation. The purpose of the sketch plan conference
shall be to present to the Town Planning Board, for initial review,
discussion and comment, a design concept or plan for the development
of dockage on Irondequoit Bay. During the conference, the applicant
and the Planning Board shall review and discuss the basic dock design
concept and generally determine the information to be required and
provided on the preliminary dock plan. No formal action shall be taken
on the plan or the application at the time of the sketch plan conference.
At such a conference, the applicant should provide a written statement
outlining the proposed project, along with a conceptual design sketch
and the following information:
(a)
The general
location of the docks with respect to the location of the dockage
envelope, and dockage setbacks.
(b)
Specific
identifications of all existing docks and moorings within 200 feet
of the proposed dockage.
(c)
Identification
of internal boat traffic circulation patterns of the proposed dock
development.
(d)
Identification
of existing zoning classification(s) of the adjacent littoral property
and any restrictions on land use of the site.
(e)
Identification
of existing natural features on the shoreline of the adjacent littoral
parcel of neighboring parcels within 200 feet on either side of the
parcel.
B.
Application for
preliminary dock plan approval. All preliminary applications for dock
plan approval shall be made in writing on the appropriate forms and
shall include the following:
(1)
A map prepared
by a licensed engineer or surveyor, certified by the seal and signature
of such engineer or surveyor containing the following information:
(a)
A drawing
title block indicating the name and address of applicant and person
responsible for preparing such drawing.
(b)
The North
arrow, scale, original date and last revision date for all maps.
(c)
An area
or location map showing the dockage envelope and specific location
of all proposed docks, berthings or moorings to be located therein.
(d)
Dimensions
of the dockage envelope and the total size.
(e)
The size
of the surface area of the proposed dockage with reference, in linear
feet, to the width and length of each dock, berthing and mooring.
(f)
The current
zoning of the adjacent littoral parcel.
(g)
Identification
of existing natural features on the shorelines of the adjacent littoral
parcel and neighboring parcels within 1,000 feet on either side of
the parcel. This may be reduced to 200 feet upon a finding of the
Planning Board that the application is minor and does not require
the larger distance.
(h)
The traffic
circulation patterns for all boat traffic in the proposed development.
(i)
The location,
design and nature of any structures to be situated on the shore or
waterfront area accessory to the use of the proposed docks or designed
to service and users of said docks.
(j)
The location,
design and construction of any lighting systems or security systems
to be located on the proposed docks.
(k)
An identification
of all additional town, county, state and federal permits, variances,
grants and/or other approvals that are necessary in order to complete
the project as proposed.
(l)
An identification
of all state and federal wetland and buffer areas and coastal erosion
hazard areas.
(2)
Appropriate
fees to cover the costs of processing the application for preliminary
dock plan approval shall accompany the application and shall be paid
to the Town Clerk upon filing with the Town Planning Board. Such fees
shall be established by the Town Board by resolution, may from time
to time be changed by the Board and shall not be refundable.
(3)
A letter
of intent, prepared by the applicant or his designated representative
or agent, shall accompany the preliminary dock plan application and
shall include a statement outlining the proposed construction, the
project builder or contractor (if known), a proposed construction
schedule, the principals involved in the financing of the project
and any other information deemed necessary by the Town Department
of Public Works.
C.
Planning Board
review of preliminary dock plan. The Town Planning Board's review
of a preliminary dock plan application shall include but shall not
be limited to the following considerations:
(1)
The adequacy
and arrangement of dockage facilities proposed, the location and design
of such structures, control of boat traffic and overall convenience
and safety in the site.
(2)
The adequacy
of the design elements of the plan to enhance the aesthetic aspects
of the project.
(3)
The adequacy,
location and design of accessory and service facilities for dock users.
(4)
The location,
arrangements, size and design of lighting, signage and other incidental
systems.
(5)
The proposed
construction scheduling or phasing of the project and its relationship
to overall project design.
(6)
General project
conformance with accepted planning, engineering and site design standards
and criteria.
(7)
The adequacy
of provisions for access to the shore zone from the dockage or mooring.
(8)
The aesthetic
and architectural qualities of the proposed dockage, particularly
building styles and construction materials used, as they relate to
any unique characteristics of the surrounding natural environment.
(9)
The effect
upon unique natural resources, potential conflicts with other water
surface uses, fish and wildlife habitat and aquatic vegetation on
the site.
D.
Planning Board
action on preliminary dock plan.
(1)
The Town
Planning Board shall conduct a public hearing on the proposed preliminary
dock plan. Such public hearing shall be conducted within 45 days of
the date of receipt of the applicant for preliminary dock plan approval
and shall be advertised in a newspaper of general circulation in the
Town at least five days prior to the public hearing. The applicant
shall make reasonable efforts to notify by mail all property owners
within 500 feet of the littoral property involved in the preliminary
application of the time, date and place of said public hearing at
least five days prior to such meeting, such property owners being
those identified on the most recent tax rolls.
(2)
Prior to
the approval of any dock application by the Town Planning Board, the
Town Department of Public Works shall review such application and
make recommendations to the Board concerning the project. Such recommendations
shall include an identification of any variances required for the
project and/or possible problems with the general dock plan design,
layouts, setbacks, boat circulation and other site design, environmental
problems or concerns. Such recommendations may also include possible
alternative design solutions. The Town Department of Public Works
shall be responsible for coordinating all other Town permit procedures
necessary for any given dock development, including the Town environmental
quality review process.
(3)
The Town
Planning Board shall be responsible for referring, as necessary or
required, any dock development project to the various governmental
departments or agencies mandated by law to consider dock development
projects prior to any final action being taken by the Planning Board
on the application.
(4)
Within 62
days of the receipt of an application for preliminary dock plan approval,
the Town Planning Board shall act on it. If no decision to deny such
an application is made within said sixty-two-day period, and upon
completion of all other requirements by the applicant, the preliminary
dock plan shall be considered approved. The sixty-two-day time limit
for action on the preliminary dock plan may be extended by the mutual
consent or agreement of the Town Planning Board and the applicant
or upon a finding that further information is necessary to adequately
assess the application. The Planning Board's action shall be in the
form of a written statement to the applicant stating whether the preliminary
dock plan is approved, disapproved or approved with conditions. The
Planning Board may incorporate a statement of findings into the decision.
(5)
The Town
Planning Board may approve an application for dock plan review when,
based on the information presented at the public hearing, it has determined
that the project will adequately and appropriately address the considerations
and criteria listed above. The Town Planning Board may place reasonable
restrictions or stipulations on such applications in order to ensure
that the project will adequately and appropriately address the considerations
and criteria listed above.
(6)
The Planning
Board's decision shall refer to a specific dock plan drawing by date
and number and may include recommendations of desirable modifications
to be incorporated into the final plan. Conformance with said modifications
shall be considered a condition of project approval. If the preliminary
dock plan is disapproved, the Planning Board's decision shall clearly
state the reasons for such denial. In such case, the Planning Board
may recommend further study of the dock plan and resubmission to the
Board after it has been revised or redesigned consistent with the
reasons for denial.
E.
Application for
final dock plan approval.
(1)
After receiving
preliminary approval, with or without modifications, from the Planning
Board on a preliminary dock plan and approval for all necessary permits
from state and county officials, the applicant may prepare a final
detailed plan and submit it to the Planning Board for approval. The
hearing upon the final plan shall be noticed in a newspaper of general
circulation. If more than six months has elapsed since the time of
the Planning Board's action on the preliminary dock plan or if the
Planning Board finds that conditions may have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary dock plan and an additional public hearing for further
review prior to accepting the proposed final dock plan for review.
(2)
The final
detailed dock plan shall conform substantially to the preliminary
dock plan that has received preliminary dock plan approval. It shall
incorporate any revisions or other features that may have been recommended
by the Planning Board at the preliminary review. In addition to that
provided elsewhere in this chapter, the Planning Board may require
a letter of credit, bond or maintenance bond for any facility or improvement
that is indicated as part of the plan. All such compliances shall
be clearly indicated by the applicant on the appropriate submission.
(3)
In addition
to final detailed dock plans, the following additional information
shall accompany an application for final site plan approval:
(a)
A record
of application for and approval status of all necessary permits from
town, county, state and federal departments or agencies and satisfactory
evidence that all necessary permits have been or will be received.
(b)
An estimated
project construction schedule.
(c)
Submission
of evidence of firm financial commitments for project construction
and permanent financing for completion of the project.
(d)
Any other
information or data deemed necessary by the Town Department of Public
Works and/or Town Planning Board.
(4)
There shall
be no additional fee required for review of an application for final
dock plan approval. Such review shall take place at a regularly scheduled
meeting for the Town Planning Board but shall not require a public
hearing.
(5)
If the final
detailed dock plan is substantially different from the approved preliminary
plan, then the applicant shall present any modifications to the Planning
Board as a preliminary dock plan in accordance with the approval procedures
found in this section. The Planning Board shall then determine whether
or not the modified plan is still in keeping with the intent of the
Planning Board resolution which approved the preliminary dock plan.
If a negative decision is reached, the dock plan shall be considered
to be disapproved.
F.
Planning Board
action on final dock plan.
(1)
Within 62
days of receipt of the application for final dock plan approval, the
Planning Board shall notify the Town Department of Public Works of
its decision. If no decision is made within the sixty-two-day period,
and upon the applicant's completion of requirements to be met, the
final dock plan shall be considered approved. However, the sixty-two-day
time period may be extended by mutual consent of the Town Planning
Board and the applicant or upon a finding that further information
is necessary to asses adequately the application. The Planning Board's
decision shall clearly refer to a specific dock plan by drawing number
and date.
(2)
Upon approval
of the final dock plan and payment by the applicant of all fees and
reimbursable costs due to the Town, the Planning Board shall endorse
its approval on a copy of the final dock plan and shall forward such
copy to the Town Department of Public Works. Upon disapproval of a
final dock plan, the Planning Board shall so inform the Department
of Public Works and Department of Public Works shall deny a dock permit
to the applicant. The Planning Board shall also notify the applicant,
in writing, of its decision and its reasons for disapproval or approval.
The Planning Board approval of a final dock plan shall expire after
one year from the date of such decision, unless a permit has been
taken out within such time period for work indicated on the final
plan and dock development and/or construction has begun as determined
by the Town Planning Board. An application for preliminary or final
dock plan approval that has been denied by the Town Planning Board
may not be resubmitted to the Board for a period of one year from
the date of such decision unless such plan has been changed or revised
to reflect the concerns and recommendations of the Planning Board
indicated in its notice of denial.
(3)
In taking
action on applications for final dock plan approval, the Town Planning
Board shall ensure that, to the maximum extent possible, the minimum
requirements of the Town Dock Ordinance have been met. The Town Planning
Board may impose additional restrictions or conditions on applications
for final dock plan approval beyond the general requirements of the
Town Dock Ordinance but within the scope and authority of this section,
if it determines that such restrictions or conditions are necessary
to ensure project conformance with generally accepted planning, engineering
and design standards and criteria or to minimize the project's adverse
impact on adjacent uses and other physical and environmental features
or are directly related to the health, safety or general welfare of
the community. Such additional restrictions or conditions shall be
in the form of a resolution of approval to be signed by the applicant
as a condition of final dock plan approval.
The Board may take any one of the following
actions on an application of preliminary or final dock plan review:
A.
Approval. The
application is given approval as presented.
B.
Approval with
modifications or conditions. The application is given approval subject
to certain modifications being made in the plan that will be shown
on the dock plan or conditions in the resolution of approval.
C.
Disapproval.
The application is denied based upon reasons stated in the decision.
The failure to receive approval upon a motion for approval or approval
with modifications or conditions shall constitute disapproval of the
application. The Planning Board may reconsider an application if substantial
changes are made in the site plan. A new application fee for the Planning
Board is required and the additional public hearing is required if
and when the new plans are submitted.
D.
Reserved decision.
Further action on an application for dock plan approval is postponed
pending receipt of additional information or data.
E.
Tabled. The preliminary
site plan hearing is postponed pending receipt of additional information,
appearance of applicant or a representative, etc.
Dimensional standards for residential uses shall
be as follows:
A.
No dock associated
with lots used for single-family detached dwellings, multiple dwellings
or townhouse buildings shall be constructed so as to extend offshore
for more than 200 feet from the mean low water line.
B.
In case of littoral
parcels bounding a shoreline which is substantially parallel to the
center line of the bay, docks shall be located in the area fixed by
projection of the property lines bayward at right angles from the
center line of the bay. This projection as it intersects with the
two-hundred-foot boundary on the bayward side and the mean low water
line shall be known as the "dockage envelope." In the case of littoral
parcels bounding areas of the shoreline which are not substantially
parallel to the center line of the bay, said areas being designated
upon a map of the Irondequoit Bay waters, duly filed with the Town
Clerk of the Town of Webster, docks shall be located as stated below:
(1)
In the case
of littoral parcels bounding the northern cove and Devil's Cove, as
designated on said map, docks shall be located in areas fixed by the
projection of the property line bayward at right angles from the center
line of the cove. This projection as it intersects with the two-hundred-foot
boundary or the center line of the cove, whichever is less, on the
bayward side and the mean low water line shall be known as the "dockage
envelope." In the case where the line intersects the center line of
the cove, a lane of navigability must be maintained.
(2)
In the case
of all other littoral parcels bounding areas of the shoreline not
substantially parallel to the center line of the bay, as designated
on said map, docks shall be located in an areas fixed by the projection
of the property line bayward toward a point that bisects a line drawn
across the mouth of the cove. This projection as it intersects with
the two-hundred-foot boundary or the center point of the line drawn
across the mouth of the cove, whichever is less, on the bayward side
and the mean low water line shall be known as the "dockage envelope."
In the case where the envelopes intersect, a lane of navigability
must be maintained.
C.
The surface width
of any dock or berthing shall not be greater than eight feet nor less
than two feet.
D.
The number and
length of docks permitted per each littoral lot used for single-family
detached dwellings, or multiple-family dwellings or townhouse units,
shall not exceed that necessary to provide one boat slip per dwelling
unit and only as is reasonably necessary to provide access to navigable
water.
E.
The number and
length of docks, berthings or moorings within each dockage envelope
shall be fixed by the Planning Board with due regard given to the
following factors:
(1)
Environmental
features of the adjacent littoral parcel.
(2)
The effect
upon existing uses of neighboring littoral parcels.
(3)
The navigability
of the area encompassed by and adjacent to the dockage envelope and
water depth in the dockage envelope.
(4)
The type
and size of the vessels expected to be berthed thereon.
(5)
The level
of development existing or proposed on the adjacent littoral parcel.
(6)
The extent
of available support, service and parking facilities located on the
adjacent littoral parcel necessary for utilization of the proposed
dockage.
F.
Every dock, berthing
or mooring that is constructed shall have a minimum setback of 10
feet from the dockage envelope side lines, as extended from the shoreline,
to allow adequate vessel access to neighboring waterfront parcels.
G.
Boat hoists shall
not exceed 18 feet in height measured from the water level to the
highest point of the structure. Hoists shall be designed and constructed
solely for the storage of boats and related equipment and shall be
seasonal only.
Dimensional standards for marinas, yacht clubs,
etc. shall be as follows:
A.
No dock shall
be constructed so as to extend offshore for more than 200 feet from
the mean low water line.
B.
In case of littoral
parcels bounding a shoreline which is substantially parallel to the
center line of the bay, docks shall be located in the area fixed by
projection of the property lines bayward at right angles from the
center line of the bay. This projection as it intersects with the
two-hundred-foot boundary on the bayward side and the mean low water
line shall be known as the "dockage envelope." In the case of littoral
parcels bounding areas of the shoreline which are not substantially
parallel to the center line of the bay, said areas being designated
upon a map of the Irondequoit Bay waters, duly filed with the Town
Clerk of the Town of Webster, docks shall be located as stated below:
(1)
In the case
of littoral parcels bounding the northern cove and Devil's Cove, as
designated on said map, docks shall be located in areas fixed by the
projection of the property line bayward at right angles from the center
line of the cove. This projection as it intersects with the two-hundred-foot
boundary or the center line of the cove, whichever is less, on the
bayward side and the mean low water line shall be known as the "dockage
envelope." In the case where the line intersects the center line of
the cove, a lane of navigability must be maintained.
(2)
In the case
of all other littoral parcels bounding areas of the shoreline not
substantially parallel to the center line of the bay, as designated
on said map, docks shall be located in areas fixed by the projection
of the property line bayward toward a point that bisects a line drawn
across the mouth of the cove. This projection, as it intersects with
the two-hundred-foot boundary or the center point of the line drawn
across the mouth of the cove, whichever is less, on the bayward side
and the mean low water line, shall be known as the "dockage envelope."
In the case where the envelopes intersect, a lane of navigability
must be maintained.
C.
The surface width
of any dock or berthing shall not be greater than eight feet nor less
than two feet.
D.
Every dock, berthing
or mooring that is constructed shall have a minimum setback of 10
feet from the dockage envelope side lines, as extended from the shoreline,
to allow adequate vessel access to neighboring waterfront parcels.
E.
The number and
length of docks, berthings or moorings within each dockage envelope
shall be fixed by the Planning Board with due regard given to the
following factors:
(1)
Environmental
features of the adjacent littoral parcel.
(2)
The effect
upon existing uses of neighboring littoral parcels.
(3)
The navigability
of the area encompassed by and adjacent to the dockage envelope and
the water depth in the dockage envelope.
(4)
The type
and size of the vessels expected to be berthed thereon.
(5)
The level
of development existing or proposed on the adjacent littoral parcel.
(6)
The extent
of available support, service and parking facilities located on the
adjacent littoral parcel necessary for utilization of the proposed
dockage.
F.
Boat hoists shall
not exceed 18 feet in height measured from the water level to the
highest point of the structure. Hoists shall be designed and constructed
solely for the storage of boats and related equipment and shall be
seasonal only. Boathouses or other permanent on-water storage facilities
shall not be permitted.
G.
To minimize coverage
of the bay waters by dockage and mooring, development of dry-storage
marinas shall be encouraged.
H.
Marina dockage
shall be designed to minimize adverse impacts upon navigation, maximize
public use of bay waters and protect sensitive environmental features
of the bay.
Performance standards for all dockage shall
be as follows:
A.
The amount of
grading, dredging, earthmoving and disturbance of land above and below
water during the construction of such structures and facilities shall
be minimized as much as possible and shall be consistent with the
permit requirements of the New York State Department of Environmental
Conservation.
B.
All docks and
berthings shall be constructed of sturdy, durable and stable material
capable of maintaining position and location, supporting pedestrian
traffic and resisting lateral loads.
C.
Lighting of the
surface of any dock or mooring shall be provided in such a manner
so as not to produce any offensive glare when viewed from the water
or the land. Back-lighting of structures or directing light toward
the shore should be used.
D.
Docks that are
100 feet or longer shall, during the hours of darkness, be required
to be lighted in such a manner so as to not constitute a hazard to
navigation.
E.
Aeration devices
or bubblers shall be required to be lighted or designated in a manner
so as not to constitute a hazard to those utilizing and bay waters
when frozen over.
F.
No dock, berthing
or mooring shall be constructed unless designed to withstand forces
of lowing water and wave washes.
G.
Moorings shall
be located or constructed so as not to cause any vessel or floating
craft affixed thereto to be situated outside of the dockage envelope
of the adjacent littoral parcel.
H.
Treated lumber,
when used for the construction of docks, shall be of the sealed, nonleaching
type.
I.
Docks shall be
constructed so as only to permit them to be readily removed from their
pilings.
J.
No owners of
the adjacent littoral parcel shall fail to completely remove any dock
components which are abandoned or fall into disuse.
K.
Moorings shall
be permitted to the owner of an adjoining littoral parcel only in
the dockage envelope applicable to said adjoining littoral parcel.
Should an applicant seek relief from the application
of any of the provisions of this article, or variance therefrom, the
Planning Board shall issue a recommendation of approval, disapproval
or no opinion to the Town Board of Town of Webster regarding the application,
basing the recommendation on its customary planning concerns and consideration,
which such recommendation shall be advisory only.
A.
The Webster Town
Board is hereby designated as the hearing board for appeals and variances
in connection with this article. The Webster Town Board shall be responsible
for hearing and rendering decisions regarding appeals and variance
to this article.
B.
Where a person
seeks relief from a decision of the Town Planning Board regarding
any provision of this article, including permits, waivers, approvals,
matters of interpretation of this article, or variances from the application
of this article, that person may request reconsideration of the Town
Planning Board's decision by appealing to the Webster Town Board,
in writing, within 15 days of the Town Planning Board's final decision.
The appeal or request for variance shall state the reasons why relief
is sought and what decision the person feels should be forthcoming.
A copy of the appeal shall be transmitted to the office of the Town
Planning Board. Upon giving not less than 10 nor more than 20 business
days' notice to the persons interested, a public hearing shall be
held. The Town Board may, after such hearing, by a majority vote,
affirm, annul or modify the action of the Town Planning Board or grant
or deny the request for a variance. The decision of the Town Board
shall be in writing, and a copy shall be mailed to the applicant within
seven business days after the conclusion of the hearing, and any decisions
made shall be final. Further recourse shall be through established
legal procedures.
C.
In passing upon
such applications for variances, the Webster Town Board shall consider
that:
(1)
There are
unique physical conditions or exceptional topographical or other physical
conditions and that, as a result of such unique physical conditions,
practical difficulties arise in complying strictly with the provisions
of this chapter and that the alleged practical difficulties are not
due to circumstances created generally by the strict application of
this chapter.
(2)
The practical
difficulties claimed as a ground for a variance have not been created
by the owner or by a predecessor in title.
(3)
Within the
intent and purpose of this chapter the variance, if granted, is the
minimum variance necessary to afford relief, and to this end the Board
may permit a lesser variance than that applied for.
