[Adopted 12-16-2015 by L.L. No. 3-2015]
This article refers to all properties with at least 15 feet
of frontage on a navigable waterway as defined by the U.S. Army Corps
of Engineers.
Any principal building, parking area or accessory structure,
excluding such facilities as docks, piers, wharves and boat ramps,
that is to be developed on property that contains at least 15 feet
of frontage on navigable waterways as defined by the U.S. Army Corps
of Engineer shall be required to maintain a minimum setback of 25
feet inland from the high water's edge in order to maintain adequate
access to the shore zone. The Planning Board or Town Board, as the
case may be, during site plan review, may establish a minimum setback
of greater than 25 feet based on due consideration by the Board of
the preservation and protection of sensitive environmental features,
and the maintenance of the wooded character of the shore zone area,
as well as scenic views and vistas.
Fishing piers, docks, wharves, and similar waterfront structures and facilities, when such uses are clearly accessory or incidental to the primary, principal use on any property which contains at least 15 feet of frontage on a navigable waterway as defined by the U.S. Army Corps of Engineers, shall be permitted, subject to all applicable state and federal regulations and approvals. All such structures shall be subject to a building permit. All such structures, except those which are accessory to a single-family detached dwelling, shall additionally be subject to site plan review in accordance with Chapter 250, Zoning and Land Use, Article XII. Similar waterfront structures and facilities for commercially zoned properties may include, but are not limited to, facilities for the pumping out of marine holding tanks; facilities for waste oil collection; facilities for the sale and dispensing of fuel and lubricants for boats and boatyard equipment; facilities for the storage of fuel; and boat launching ramps. The following additional requirements shall apply to all such structures and facilities, including those subject to site plan review and those that are not subject to such review:
A.
The construction of such structures and facilities shall be undertaken
in such a way so as not to impact water quality, cause harm to fish
spawning grounds, destroy the natural beauty of the shoreline, reduce
the stability of steep slope areas, cause erosion or sedimentation
problems along the shoreline, create hazards for navigation, interfere
with the public use and enjoyment of the water surface or shoreline,
infringe on the riparian rights of other littoral parcels, or otherwise
threaten the public health and safety.
B.
Design standards for piers, docks and wharves shall be determined
based on the information contained in Table 1 at the end of this article.
C.
Such structures and facilities shall only be constructed of materials
which are stable, chemically inert, and insoluble and which will have
no adverse effects on water quality. Such materials shall also be
U.S. Coast Guard approved.
D.
The amount of grading, dredging, earth moving 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 and U.S. Army Corps of Engineers regulating
such activities.
E.
To permit the free circulation of water, reduce the effects of fluctuating
water levels, and prevent adverse modifications of the shoreline,
piers, docks and wharves shall be of floating construction wherever
feasible and shall not be of rock-filled cribbing, sheet piling, closely
spaced piling, or such other construction technique or materials which
would significantly impair water circulation.
F.
There shall be no superstructure boathouse, gazebos, changing room,
etc. permitted above the decks of piers, docks or wharves.
G.
No pier, dock or wharf shall be constructed in a configuration other
than straight, T, L, U or F shape.
H.
The width of any pier, dock or wharf shall be a minimum of three
feet and shall not exceed eight feet.
I.
The length of any pier, dock or wharf shall extend offshore from the mean low water line to a distance no greater than 50 feet for each lot used for single-family residential purposes. Longer dock lengths may be approved by the Planning Board or Town Board, as the case may be, in accordance with Chapter 250, Zoning and Land Use, Article XII, when necessary to reach adequate water depths for proposed boat docking, while complying with all other standards contained in this article.
J.
The maximum surface area of any pier, dock or wharf permitted per
each waterfront lot used for single-family residential purposes shall
not exceed 800 square feet.
K.
The number of private piers, docks or wharves permitted per each
waterfront lot used for single-family residential purposes shall not
exceed one such structure.
L.
The number of piers, docks or wharves permitted per each waterfront
lot used for multifamily or townhouse purposes shall not exceed those
necessary to provide one boat slip per residential unit. However,
the ultimate number of slips allowed is to be determined by the Planning
Board or Town Board, as the case may be, during the site plan review
process. Such docks shall not exceed a length or be developed or configured
on the site in a manner that adversely affects existing environmental
conditions or natural features, or negatively impacts navigation or
riparian rights of adjacent littoral parcels.
M.
The number of piers, docks or wharves permitted per each waterfront lot used for and zoned for commercial purposes shall not exceed three such structures per lot. Such docks shall not exceed a length or be developed or configured on the site in a manner that adversely affects existing environmental conditions or natural features, or negatively impacts navigation or riparian rights of adjacent littoral parcels. The construction of more than three such structures per commercially used lot shall be subject to a determination by the Planning Board or Town Board, as the case may be, in accordance with Chapter 250, Zoning and Land Use, Article XII, that such additional structures are needed to accommodate anticipated boat traffic and can be developed on the site without adversely affecting existing environmental conditions or natural features, or negatively impact navigation or riparian rights of adjacent littoral parcels while meeting the parking requirements of one parking space for each boat slip, in addition to parking requirements for all land-based uses on the property. In the event that charter boat docking is allowed, two parking spaces per charter boat slip must be provided.
N.
Every pier, dock or wharf that is constructed shall have a minimum
clearance or setback of 10 feet plus beam width of boat from adjacent
property lines, as extended from the shoreline, to allow adequate
vessel access to neighboring waterfront parcels. In the case of littoral
parcels bounding a substantially straight shoreline, docks and piers
shall be located in the area fixed by projection of parcel lines bayward
at right angles from the shoreline (as graphically illustrated at
the end of this article). In the case of littoral parcels bounding
a concave or convex shoreline, docks and piers shall be located in
the area fixed by projection of the parcel lines bayward along the
line bisecting the angle formed by the shoreline at its intersection
with the parcel lines. Where such projections do not allow access
to the line of navigability (that line marking the minimum depth for
navigation), the converging lines shall instead run to the line of
navigability. The line of navigability shall be divided among the
littoral parcels in proportion to their respective shares of the shoreline
and permit all littoral parcels practicable access to navigable water.
O.
Piers, docks or wharves that are 100 feet or longer, during the hours
of darkness, must be lighted in such manner so as to not constitute
a hazard to navigation.
P.
Lighting of the surface of any pier, dock or wharf shall be provided
in such a manner so as not to produce any offensive glare when viewed
from the water or the land. The use of low-mast lighting fixtures
and deflector shields to direct the light downward shall be required
to reduce or eliminate glare.
Q.
Commercial operation, renting or leasing of fishing piers, docks,
wharves, boat launching ramps or similar waterfront structures and
facilities shall be expressly prohibited in any residential zoning
district within the Town of Penfield.
R.
The owner or operator of a marina or harbor may be required to furnish
information concerning water quality, current patterns and intensities
of boat activity, shoreline alterations, and any other conditions
which may be altered by the construction of the marina or boat basin
for a period of one year after completion of the facility.
S.
The installation of aeration systems or bubbling systems shall be
subject to the approval of the New York State Department of Environmental
Conservation. In the event that such systems are permitted to be installed,
the property owner shall be responsible for installing warning signage,
of a size and location to be determined by the authorized Town official,
on the water surface during the winter months.
T.
Commercial marinas shall be responsible for mounting at least one
ten-pound ABC fire extinguisher on each dock or pier, every 75 feet,
with a minimum of two such extinguishers on each dock or pier, in
locations to be approved by the Fire Marshal.
Mooring buoys or facilities are subject to the following restrictions:
A.
Mooring buoys shall only be placed in connection with littoral parcels.
Such buoys shall be placed only within an area parallel to and 20
feet inward of the parcel lines extended bayward at right angles from
the shoreline, and to a depth necessary for safe mooring of a boat,
not to exceed 100 feet from the shoreline.
B.
Moorings shall be placed so that objects moored to them, at full
swing of their mooring or anchor line, will be no closer than 10 feet
to the projection of the adjacent property lines from the shoreline,
and no more than 100 feet from the shoreline itself.
C.
The number of private moorings permitted per each waterfront lot
used for single-family residential purposes shall not exceed the following:
|
Amount of Water Frontage
(feet)
|
Number of Moorings Permitted
| |
|---|---|---|
|
100 or less
|
1
| |
|
101 to 250
|
2
| |
|
251 to 500
|
3
| |
|
More than 500
|
1 additional for each 150 feet of water frontage in excess of
500 feet
|
D.
A maximum of four moorings shall be permitted per commercially used
lot, provided such lot has less than 500 feet of shoreline frontage.
A maximum of one mooring per 100 feet of shoreline frontage shall
be permitted per commercially used lot if such lot has more than 500
feet of shoreline frontage.
|
Dimension Diagram for Slips and Docks
 |
