[Added 6-19-1990 by L.L. No. 9-1990]
A.Â
The Town of Yorktown has always been strongly committed
to protect and enhance its natural resources. One of the many natural
resources of which this Town is endowed with is Lake Mohegan.
B.Â
Lake Mohegan historically was used as a summer resort,
and along its shores are numerous neighborhood lake associations which
provide area residents with access to and use of Lake Mohegan. The
remainder of the Lake Mohegan shoreline is made up of private lots
both improved and unimproved. A majority of the private shoreline
lots are small twenty- to twenty-five-foot strips known as "dock lots."
C.Â
Historically, these dock lots were created prior to
the adoption of a comprehensive zoning ordinance being in place. Presently,
the Town Code of the Town of Yorktown does not regulate the creation
of dock lots. The Town Code only controls the subdivision of land
for purposes of creating building lots. The creation of dock lots
therefore is still unregulated.
D.Â
It is the intent and purpose of this article to regulate
and control the further creation of dock lots along the shore of Lake
Mohegan. Further, it is the intent and purpose of this article to
regulate the granting of access to Lake Mohegan whether by the subdivision
of lots into dock lots or by the granting of easements over lake shore
property.
E.Â
It is a finding that the continued unregulated granting
of lake access will significantly impact the lake environment and
adversely impact the sensitive ecology of Lake Mohegan as well as
the character of the Lake Mohegan neighborhood. Accordingly, the purpose
of this article is to prevent any person from undertaking any new
land use, development and/or subdivision of land that involves any
shoreline of Lake Mohegan, except in compliance with the shoreline
use and development restrictions outlined below.
For the purposes of this section, any lot, parcel
or site that adjoins a shoreline, includes a shoreline or, in whole
or in part, is located at or within 100 feet of the shoreline and
any land use development or granting of access over, on, in and through
such a lot, parcel site should be deemed to involve the shoreline
and the use, development and granting of access over, on, in and through
such lot, parcel or site shall be subject to the regulations herein.
For purposes of this article, words and phrases
used shall be interpreted to have the meaning they have in common
English usage unless defined below:
The granting of access to Lake Mohegan over, above, in, through
and on land abutting Lake Mohegan. Contractual access may take the
form of granting easements and/or rights to use Lake Mohegan from
shoreline property. For purposes of this article granting of an easement
to all individual or as part of the rights to use or own off-shore
property shall be considered a grant of contractual access.
Lots existing or to be created, the purpose of which is to
provide access to Lake Mohegan.
The granting in fee simple of a portion of a lot in order
to provide access to Lake Mohegan.
Further subdivision of lakefront property for
purposes of granting access and/or creating dock lots and the further
granting of contractual access shall be restricted as follows:
A.Â
Minimum lakeshore frontage per dock lot shall be 50
feet.
B.Â
Minimum lakeshore frontage per grant of contractual
access shall be 50 feet, except when the same is granted pursuant
to membership in an existing lake association and/or when the same
is granted pursuant to a newly formed lake association approved by
the Planning Board.
C.Â
All divisions and/or conveyances of property in order
to create a dock lot or in order to grant contractual access to Lake
Mohegan shall be approved by the Planning Board. Any such subdivision
or grant of contractual access may be denied, approved or approved
with conditions by the Planning Board pursuant to the regulations
adopted by the Planning Board.
B.Â
The removal of vegetation shall be restricted as per Chapter 178 of the Yorktown Town Code, except the same shall apply to a distance of 150 feet from the shoreline.
C.Â
The use of inorganic fertilizers shall be prohibited
on all lakefront properties and an all land within 200 feet of the
shoreline.
