[Added 4-14-1982 by L.L. No. 2-1982; amended 10-24-2002 by L.L. No. 4-2002; 10-22-2007 by L.L. No. 6-2007]
§ 161-50.3 Application process for permit for construction or maintenance; filing fees and deposits.
The Board of Trustees is concerned that the indiscriminate placement of docks (as the term is used herein to include fixed docks, floating docks, ramps, floats, and all structures, fixtures, or other mechanisms appurtenant thereto, such as boat lifts, support piles, and mooring piles) in and along the waters off the Village coastline may impact the environmentally sensitive coastal areas and may otherwise be of danger to people walking the coastline and people and vessels using the coastal waters within the Village. The Board finds that some level of uniformity in the placement, construction, and maintenance of docks within the Village is necessary and desirable in order to properly protect both the environmentally sensitive coastal areas and the rights and interests of the Village residents and the public at large.
The Board of Trustees also finds that, because docks can be seen from adjacent properties and upon waters within the Village, they may impact the scenic and aesthetic values and the physical and visual qualities of the environment and properties within the Village. This is particularly true with respect to boat lifts and other similar structures and mechanisms which are used not only to raise but to store boats above the water surface.
The Board of Trustees further recognizes and finds that it and other governmental authorities are obligated to preserve and protect the coastal areas and waters within the Village.
Accordingly, it is the intent of this article to regulate the construction and maintenance of docks in a manner that will preserve and protect the coastal areas and waters within the Village as well as the scenic and aesthetic values and the physical and visual qualities of the environment and properties within the Village, and otherwise promote the health, safety and general welfare of the Village and its residents.
As used in this article, the following words or phrases shall have the following meaning:
- BOAT LIFT
- A structure or mechanism used to raise and/or store a vessel or other watercraft above the water surface. A boat lift may not be constructed or installed unless it is approved by the Board of Trustees in accordance with this article.
- Any structure, except a building, positioned parallel to the shore, the primary function of which is to retain soil or other material from eroding into a waterway or to protect the land from wave damage.
- Constructed, erected, enlarged, installed, altered, and/or reconstructed.
- DATUM PLANE
- The mean sea level or average height of the sea in accordance with Nassau County datum.
- Any permanent or seasonal structure extending over the water's surface designed to secure vessels and/or provide access from the shore to a body of water. The term shall include fixed docks, floating docks, ramps, and floats, and all structures, fixtures, or other mechanisms appurtenant thereto, such as boat lifts, support piles, and mooring piles. Although "dock" includes "float," in some provisions of this article the float is referred to separately to distinguish its permitted size and location from the other portions of the dock.
- EMERGENCY MAINTENANCE WORK
- Repairs which must be undertaken immediately in order to protect life or property from the immediate and imminent threat of fire, flood, storm, or other natural disaster. Repairs that include enlarging or extending an existing structure shall require a permit and shall not constitute emergency maintenance work. Any form of dredging or depositing of material shall not be considered emergency maintenance work and shall require a permit.
- FIXED DOCK
- A dock that is generally anchored, on pilings, to the underwater land, and that allows for the flow of water beneath the decking.
- Any structure, buoyant on the water surface, extending seaward, affixed and secured in place to the shore, a bulkhead, a dock, or piling, whose purpose is to berth and secure vessels and provide a means of access to and from the shore and/or for other recreational purposes. The term "float" includes a floating dock.
- MEAN HIGH-WATER LINE
- The mean height of tidal high waters averaged over a period of 19 years based upon readings from gauging stations maintained by the United States Department of Commerce, National Ocean Survey.
- MOORING PILE
- A pole or post not connected or attached in any way to a dock or any structure, fixture, or mechanism appurtenant thereto, which is secured to the underwater land and protruding above the water surface, the principal purpose of which is to secure a vessel.
- NAVIGABLE WATER
- Waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.
- Any individual, firm, partnership, corporation, association or other legal entity.
- A structure used to gain access from a bulkhead, dock, or platform to a float. The term "ramp" shall include a floating ramp.
- SUPPORT PILE
- A pole or post, secured to underwater land and protruding above the water surface, the principal purpose of which is to secure a fixed or floating dock, ramp, or float, or any other structure, fixture, or mechanism.
- Area landward of the mean high-water line as defined by Nassau County Datum.
No dock shall be constructed or maintained on any waterfront property or in or upon any body of water adjacent thereto without a permit issued by the Building Department. Said permit shall not be issued without the prior approval of the Board of Trustees.
No permit shall be required for the performance of ordinary repairs.
§ 161-50.3 Application process for permit for construction or maintenance; filing fees and deposits.
A request for a permit for the construction or maintenance of a dock pursuant to this article shall be made in writing on forms provided by the Village Clerk and shall be accompanied by the required fees and deposits as determined from time to time by the Board of Trustees.
The application shall be executed and filed by the owner of the improved residential property immediately abutting the mean high-water mark at the place where the subject dock is proposed to be constructed or maintained.
The application shall be accompanied by a complete set of plans and specifications prepared by a professional engineer licensed by the State of New York. The location of the proposed dock shall be clearly indicated on the plans. The location of any docks on adjoining properties shall also be shown on the site plan, drawn to scale. Underwater soundings in the area of the proposed dock shall be undertaken and shown on the plans.
The application shall be accompanied by an environmental assessment form as designated by the Building Inspector.
In the discretion of the Board of Trustees and/or the Architectural and Preliminary Site Review Board, the applicant shall furnish sight lines from all impacted properties, and such other information and documentation as such Board deems appropriate.
[Amended 11-20-2017 by L.L. No. 6-2017]
It shall be applicant's sole responsibility to fully comply with the requirements of the Coastal Erosion Hazard Areas Law of the Village of Kings Point (Chapter 66 of the Village Code).
Nothing in this article shall relieve a person from complying with the provisions of any other applicable federal, state, or local laws, rules, or regulations which may be in addition to the requirements, rules, and regulations set forth herein. Accordingly, it also shall be the applicant's sole responsibility to fully comply with the requirements of all other governmental agencies having regulatory jurisdiction, including but not limited to the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
No permit shall be issued by the Building Inspector pursuant to this article until such compliance has been documented.
No dock shall be constructed or maintained unless it shall comply with the following standards and regulations:
No building lot may have more than one dock. All docks shall be used exclusively for recreational, noncommercial purposes.
No building lot may have a dock unless the building lot is improved with a single-family dwelling and has a shoreline frontage of not less than 150 feet.
All docks shall be set back from a side property line or its seaward extension a distance equal to 40% of the shoreline frontage of the improved building lot or 60 feet, whichever is greater.
[Amended 10-20-2008 by L.L. No. 5-2008]
The maximum overall length of a dock shall not exceed a length greater than required to reach navigable water depth or 200 feet measured from the mean high-water line to the seaward terminus of a dock, whichever is less, subject to the rights of the public, if any, for the use of underwater lands to obtain natural resources and use of waterways for navigation, recreation, and swimming. Notwithstanding the above, the seaward terminus of a dock shall not extend to within a distance of 50 feet of any federally or locally designated channel, vessel accessway, fairway, anchorage, or dock.
[Amended 5-12-2008 by L.L. No. 2-2008]
All docks shall meet the following criteria:
Docks shall be limited to:
The requisite piles, floats, and other structures necessary or reasonable to provide access to a boat or boats within the nearest portion of the navigable waters to the applicant's premises at a depth which can sufficiently provide for the draft of such boat or boats.
Mechanical/electrical devices for the lowering and raising of the subject boat or boats into and from the water.
Water and electric lines for servicing the boat or boats and for providing lighting on the off-shore structure.
A railing along the walkway, floats, and/or docks, not exceeding 42 inches in height.
A dock, excluding the float, if any, shall be no wider than eight feet at any point.
One float may be made part of a dock.
The float may be no wider than 12 feet and shall be no larger than 300 square feet in total area.
The float shall be located to the seaward end of the dock.
The float may be oriented either in line with the dock or in an "L" or "T" configuration.
No float shall rest on any underwater lands during ebb or mean low water or on any intertidal, tidal or subtidal vegetation.
The decking of the dock shall not be more than eight feet above mean high water. The decking of a float shall not be more than 18 inches above the calm, wave-free water level.
Storage lockers, for equipment and supplies accessory to such boat or boats, shall not exceed 36 inches in height from the level of the portion of the walkway, float, or dock upon which they are located.
A dock shall be made of wood or other suitable material approved by the Board of Trustees. Planking shall be spaced with one-half-inch gaps. No solid decks shall be permitted. Any wood timbers or pilings used in the construction of the dock that are treated with preservatives must be approved by the Village Engineer prior to use.
The railing and the elements supporting the railing along such walkway, floats, and/or docks shall be uniformly arranged to occupy not more than 20% of the vertical plane of the railing and the supporting elements, providing substantially an open view through the vertical plane of all the supporting elements of the railing.
Upon approval of the Architectural and Preliminary Site Review Board, solid canopies with peaked roofs may be erected, within the following limitations:
[Amended 11-20-2017 by L.L. No. 6-2017]
The maximum height of the canopy above the dock directly below it shall not exceed nine feet.
The canopy shall have a center peak with a pitch of approximately four inches vertically for every 12 inches horizontally.
The canopy and its supporting structures shall be designed to minimize any adverse impact on the water view of nearby property owners.
All dock lighting shall meet the following standards:
It shall be of a type which will not be confused with navigation lighting.
It shall meet all applicable United States Coast Guard standards, if any.
It shall not produce offensive glare when viewed from land or water.
It shall be limited to such lighting as may be reasonably necessary for safety reasons.
It shall be designed in such a manner as to have the least adverse impact upon nearby residential properties.
A short ramp or stairway leading from a pile or structurally supported landing is permissible if it is necessary to provide access from above a seawall, cliff, or other elevation. The landing shall not be greater than eight feet wide and eight feet long and shall be built as close as possible to the cliff, wall, and/or other elevation.
No dock shall be permitted if, in the judgment of the Board of Trustees, it would unreasonably impede, obstruct, or interfere with navigation, the rights of adjoining property owners, the public use of or passage along the foreshore or the waterway, or significantly damage the environment.
[Amended 1-10-2011 by L.L. No. 1-2011]
There shall not be more than one boat lift on any off-shore structure.
A boat lift may not be constructed unless the Board of Trustees affirmatively finds:
That the proposed boat lift will not have a substantial adverse effect or impact on the character of the surrounding area or the scenic and visual qualities of nearby properties;
That the proposed boat lift will not have a substantial adverse effect or impact on the physical or environmental conditions of the surrounding area;
That the benefit sought by the owner/applicant cannot be achieved by some method, feasible for the owner/applicant to pursue, other than the proposed boat lift; and
That the approval of the proposed boat lift is consistent with the good order, peace, health, safety, and general welfare of the Village and its residents.
In the granting of any application for a boat lift, the following restrictions shall apply:
No boat lifted by or placed upon the boat lift shall be longer than 40 feet.
No boat lifted by or placed upon the boat lift shall weigh more than 20,000 pounds.
The boat lift shall be positioned so that any boat on the boat lift will be positioned in a fore-aft direction with the hull perpendicular to the shoreline.
At no time shall any part of the boat on the boat lift or anything attached to or on or within such boat, including, but not limited to, all flying bridges, sails, canopies (fold-down and otherwise), sun shades, and similar coverings, and other appurtenant equipment, and personalty, excluding masts, poles, and antennas, extend more than eight feet above the deck of the dock whereat the boat lift is installed.
No boat lift shall be used except between April 16 and November 14.
An owner who shall erect, cause to be erected, or maintain any dock shall keep such dock in structurally sound condition and in good repair so that it will not become a menace to navigation, to persons using the same, or to the environment, and will not present a physical danger or threat of harm to persons or property.
Emergency maintenance work to be performed by the owner of an existing dock may be authorized by the Building Inspector without the need for prior review by the Board of Trustees.
The owner shall submit a letter to the Building Department describing the work to be performed and the urgency of performing it without the reviews and safeguards provided by this article. Within 30 days of the authorization to proceed with emergency maintenance work, the owner shall apply to the Village for a modification of the dock permit to reflect the emergency maintenance work performed.
Repairs that include enlarging or extending an existing structure shall require a permit. Any form of dredging or depositing of material shall not be considered an emergency and shall require a permit.
Upon compliance with this article, a permit for the construction or maintenance of a dock may be issued by the Building Inspector.
Notwithstanding anything to the contrary herein, the Board of Trustees shall have the right to supplement, modify, or waive any of the requirements of this article when taking into account the unique circumstances of each application, such as, but not limited to, the distance from the shoreline to the various constructions on the dock, the elevation of the dock as compared to those of the adjacent properties, the existing and proposed landscaping, and the location of the improvements on the adjacent properties, and how the proposed dock would affect the water views of the neighboring properties.
The Board of Trustees may impose reasonable conditions and restrictions as are directly related to and incidental to the construction or installation and proposed use of a dock. Such conditions shall be consistent with the spirit and intent of this article and shall be imposed for the purpose of minimizing any adverse impact a dock may have on the surrounding area.
This article shall not pertain to any premises owned, operated, or under the supervision or jurisdiction of the federal government or one of its agencies or departments.