[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]
A.
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.
B.
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.
C.
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.
D.
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:
A structure or mechanism used to raise and/or store a vessel
or other watercraft above the water surface, other than a personal
watercraft lift. A boat lift may not be constructed or installed unless
it is approved by the Board of Trustees in accordance with this article.
[Amended 7-20-2020 by L.L. No. 3-2020]
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.
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.
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.
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.
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.
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.
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 lift for a personal watercraft that is not capable of lifting
more than 1,300 pounds. A personal watercraft lift may not be constructed
or installed unless it is approved by the Board of Trustees in accordance
with this article.
[Added 7-20-2020 by L.L. No. 3-2020]
A structure used to gain access from a bulkhead, dock, or
platform to a float. The term "ramp" shall include a floating ramp.
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.
A.
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.
B.
No permit shall be required for the performance of
ordinary repairs.
A.
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.[1]
B.
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.
C.
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.
D.
The application shall be accompanied by an environmental
assessment form as designated by the Building Inspector.
F.
The applicant shall file a radius map showing all properties along the shoreline within 400 feet of the property together with a list of the names and addresses of the owners of those properties as provided in Chapter 25 hereof and send notice to those property owners and file an affidavit and proof of providing such notice to all as provided in said Chapter 25.
[Added 4-27-2022 by L.L. No. 4-2022; amended 9-20-2022 by L.L. No. 17-2022]
G.
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]
A.
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).
B.
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.
C.
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:
A.
No building lot may have more than one dock. All docks
shall be used exclusively for recreational, noncommercial purposes.
B.
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.
C.
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]
D.
General standards:
(1)
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]
(2)
All docks shall meet the following criteria:
(a)
Docks shall be limited to:
[1]
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.
[2]
Mechanical/electrical devices for
the lowering and raising of the subject boat or boats into and from
the water.
[3]
Water and electric lines for servicing
the boat or boats and for providing lighting on the off-shore structure.
[4]
A railing along the walkway, floats,
and/or docks, not exceeding 42 inches in height.
(b)
A dock, excluding the float, if any, shall be
no wider than eight feet at any point.
(c)
Floats:
[Amended 7-20-2020 by L.L. No. 3-2020]
[1]
Floats may be made part of a dock.
[2]
The total area of all of the floats
may not exceed 500 square feet.
[3]
The floats shall be located to
the seaward end of the dock.
[4]
The floats may be oriented either
in line with the dock or in an "L" or "T" configuration.
[5]
No floats shall rest on any underwater
lands during ebb or mean low water or on any intertidal, tidal or
subtidal vegetation.
(d)
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.
(e)
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.
(f)
A dock shall be made of wood, aluminum, or other
suitable material approved by the Superintendent of the Building Department.
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.
[Amended 7-20-2020 by L.L. No. 3-2020]
(g)
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. Railings shall be limited to two horizontal rails with
vertical supports spaced at no more than seven feet and shall be constructed
of wood or such other material as may be approved by the Building
Inspector.
[Amended 5-13-2021 by L.L. No. 12-2021]
(h)
Canopies may not be constructed on off-shore
structures.
[Amended 11-20-2017 by L.L. No. 6-2017; 5-13-2021 by L.L. No. 12-2021]
F.
All dock lighting shall meet the following standards:
(1)
It shall be of a type which will not be confused
with navigation lighting.
(2)
It shall meet all applicable United States Coast
Guard standards, if any.
(3)
It shall not produce offensive glare when viewed
from land or water.
(4)
It shall be limited to such lighting as may
be reasonably necessary for safety reasons.
(5)
It shall be designed in such a manner as to
have the least adverse impact upon nearby residential properties.
(6)
It shall not exceed the forty-two-inch height limit of the required
railing.
[Added 5-13-2021 by L.L. No. 12-2021]
G.
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.
H.
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; 7-20-2020 by L.L. No. 3-2020]
A.
There
shall not be more than one boat lift on any off-shore structure.
B.
A boat
lift may not be constructed unless the Board of Trustees affirmatively
finds:
(1)
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;
(2)
That the proposed boat lift will not have a substantial adverse effect
or impact on the physical or environmental conditions of the surrounding
area; and
(3)
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.
C.
In the
granting of any application for a boat lift, the following restrictions
shall apply:
(1)
No boat lifted by or placed upon the boat lift shall be longer than
50 feet.
[Amended 5-13-2021 by L.L. No. 12-2021]
(2)
No boat lifted by or placed upon the boat lift shall weigh more than
40,000 pounds.
[Amended 5-13-2021 by L.L. No. 12-2021]
(3)
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.
(4)
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.
D.
There
shall not be more than two personal watercraft lifts on any off-shore
structure.
E.
No lift
shall be used except between April 1 and November 30.
[Amended 5-13-2021 by L.L. No. 12-2021]
[Amended 5-13-2021 by L.L. No. 12-2021]
A.
All
the owners of off-shore structures shall maintain them in structurally
sound condition and in good repair so that they will not become a
menace to navigation, to persons using them, or to the environment,
and will not otherwise present a physical danger or threat of harm
to persons or property.
B.
If an
off-shore structure is owned by more than one person, all persons,
jointly and severally, shall be responsible for the maintenance of
the structure.
A.
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.
B.
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.
C.
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.
