A.
No person shall set, draw or cast any nets or seines in any of the
freshwater ponds or streams within the Town of Riverhead.
B.
No resident shall cast, draw or cast any nets, seines or other devices
for the commercial purpose of taking fish from the waters of the Town
of Riverhead without first obtaining a commercial resident/taxpayer
permit.
C.
A resident may cast, draw or set a seine, limited in size to 50 feet
or less, or other device for the purpose of taking nonedible fish
from the waters as shown on the Official Map filed with the Town Clerk.
D.
No dock, spile, structure, fishpond or fyke shall be placed in the
waters of the Town of Riverhead unless duly authorized by a written
permit from the Town of Riverhead.
E.
No net, seine or other device shall be placed in any channel in the
waters of the Town of Riverhead.
F.
No fish traps or pounds shall be placed in the waters of the Town
of Riverhead at any time, with the exception of fykes, which may be
set in any season, and all such fykes shall conform to the following
requirements:
G.
The number of fykes which may be set by any one person between May
1 and September 30, both inclusive, in each year, shall be no more
than two, and each fyke shall bear the name of the owner thereof.
A.
No person shall, by the use of any trawl, scoop, net or similar device,
while the same is attached or fastened in any manner to any boat,
float or device, pull, drag, shove or move in any manner so as to
disturb, scrape or move any lands or the surface of any lands under
any of the waters of the Town of Riverhead. This regulation shall
apply whether or not any mechanical power is actually employed to
move any such trawl, scoop or net.
B.
Nothing herein contained shall be construed to apply to a bona fide
dredging service while engaged in any work duly authorized by permit
from the Town Board, to any bona fide haul seine not in excess of
50 feet in length or to the taking of eels by a mechanically operated
eel spear.
C.
No person shall pull, drag, shove or move any device in such manner
so as to disturb any lands and the surface thereof under the waters
of the Town of Riverhead.
A.
Eel pots shall not interfere with designated channels of navigation.
B.
No commercial eel pots or other similar commercial trap shall be
set in the waters of the Town of Riverhead or eels taken from the
waters of the Town of Riverhead without a commercial resident/taxpayer
permit.
C.
The placement of more than five pots by any single individual resident/taxpayer
in the waters of the Town of Riverhead shall be considered the taking
of eels for commercial purposes.
D.
Between April 1 and November 15, both inclusive, no eels, fluke,
flounders or fish shall be taken from the bottom of or caught from
the waters as shown on the Official Map as filed with the Town Clerk
by the so-called eel dredge, comb, or by any mechanical device operated
either by sail or power gas engine or electric motor.
E.
Notwithstanding any other provisions of this Part 4, no person shall
take elvers (juvenile eels) by any means from any Town waters. Size
limits for elvers shall be established by the New York State Department
of Environmental Conservation.
A.
No person shall abandon any vessel in any of the waters of the Town
of Riverhead.
B.
Any abandoned vessel shall be removed at the direction of a Town
of Riverhead enforcement officer at the expense of the owners and
shall be destroyed or sold to defray any expenses in connection with
the removal or salvage of any abandoned vessel.
C.
Any deteriorated or unsafe docks, bulkheading or spilings, as determined
by the Town Engineer, shall be removed at the direction of a Town
of Riverhead enforcement officer at the expense of the owners.
D.
Notice of intention to remove or dispose of any abandoned vessel
or deteriorated dock shall be given by mail to any known or reputed
owner at the last known address of said owner and by publishing a
notice of intention to remove and dispose of any abandoned vessel
in the official newspaper of the Town of Riverhead at least 10 days
in advance of such removal and disposition.
E.
Manner of assessment of cost of removal or disposal. In any case
where it shall be necessary for the Town Board to have work performed
due to the failure of the owner of said abandoned vessel or deteriorated
or unsafe dock, bulkheading or spilings to comply with the Town Board's
resolution, the Town shall be reimbursed for the cost of the work
performed or the services rendered at its direction by assessment
or levy upon lots or parcels of land where such work was performed
or such services rendered. So much of the actual cost as was actually
incurred upon each lot or parcel and the charge therefor shall be
assessed and collected in the same manner and in the same time as
other ad valorem Town charges.
No person shall dam, open up or drain, in any manner whatsoever,
any of the bays, ponds or streams within the boundaries of the Town
of Riverhead unless duly authorized by written permit, after application
and public hearing thereon of the Town Board.
There has been a significant increase in the applications for
and the numbers of fixed and floating piers and docks accessory to
upland residential and other uses. Most of these structures and the
uses they support are on and in publicly owned land and waters and
always have some effect on physical, biological, ecosystem functions
and values, development patterns and the aesthetic character of the
area. Therefore, it is essential to regulate the type and placement
of such structures. The Town Board declares that it is necessary to
regulate the type and placement of fixed and floating piers, moorings
and docks, for the protection, preservation, proper maintenance and
use of its waters and wetlands. Therefore, fixed and floating piers,
moorings and docks shall be regulated in order to maintain and contribute
to the following resource area values and the attributes and functions
they possess: erosion and sedimentation control; storm damage prevention;
water pollution control; fisheries; shellfish, including spawner sanctuaries;
wildlife habitat; agriculture; aesthetics; and recreation. In addition,
the following resource area values also shall be maintained and protected,
including protection and enhancement of existing vegetation cover
in order to maintain water quality and wildlife habitat; protection
of wildlife, waterfowl, and plant habitat and the maintenance of existing
populations and species diversity; prevention of loss or degradation
of critical life wildlife and plant habitat; navigation; public access
to water and land; and the minimization of the impact of new development,
reconstruction and/or expansion on the resource area values listed
above.
A.
No person shall place any obstructions or place, pile or store any
nets, boxes, bait cars or fishing equipment or gear whatsoever upon
any dock, wharf or pier or highway owned, controlled or operated by
the Town of Riverhead so as to obstruct pedestrian or vehicular traffic
on the public right-of-way.
B.
It shall be the policy of the Town of Riverhead that all moorings,
docks and appurtenant structures shall be designed, constructed, and
located so as to reduce potential adverse impacts to natural resources
and habitats, navigation, public safety, waterway congestion, and
access to public lands and water.
C.
The standards for a residential dock shall be as follows:
(1)
In no case shall the length of the dock exceed 150 feet in length
or exceed 15% of the width of the waterway, whichever meets the minimum
three-foot low-water depth;
(2)
Only one dock may be constructed on a residential lot that has a
riparian right. A waiver to this provision may be granted where a
single dock is proposed for common use by a maximum of three adjacent
property owners;
(3)
A residential dock and associated mooring piles must be configured
so that no more than three vessel berths are created for each residential
lot with riparian rights;
(4)
The dock and any appurtenant structure, or any vessel tied to the
dock, may not be located within or impinge upon that area located
within 10 feet of the seaward extension of any property line;
(5)
The width of a catwalk or dock may not exceed four feet and must
be elevated a minimum of four feet above the mean high-water mark
and a minimum of four feet above grade when traversing any tidal or
freshwater wetlands, as identified by the Wetlands Inventory Maps
for the Town of Riverhead, or those freshwater or tidal wetlands identified
on maps prepared for the New York State Department of Environmental
Conservation;
(6)
The width of any single float may not exceed six feet in width nor
20 feet in length and shall be secured or installed in such a manner
that the float shall not rest on the bottom of the water body at any
time during the tidal cycle.
D.
The standards for commercial docks shall be as follows:
(1)
In no case shall the dock length, excluding that portion landward
of the apparent mean high-water mark, be in excess of 150 feet nor
exceed 30% of the width of the waterway, whichever is less;
(2)
The width of a catwalk or dock may not exceed eight feet and must
be elevated a minimum of four feet above grade when traversing any
tidal or freshwater wetlands;
(3)
The width of any single float may not exceed eight feet in width
and shall be secured or installed in such a manner that the float
shall not rest on the bottom of the water body at any time during
the tidal cycle;
(4)
A permit for the commercial operation of docking facilities must
be applied for on an annual basis. The fee for this permit shall be
$10 per berth, with a minimum fee for this permit of $50 and a maximum
fee of $200;
(5)
A certificate of insurance indicating a minimum liability coverage
of $1,000,000 must be placed on file with the Town each year of operation.
E.
Safety requirements for private and commercial docks.
(1)
All electrical installation must comply with the National Electric
Code (NEC) and must be inspected and approved by a representative
of the Town of Riverhead Building Department;
(2)
An appropriate fire extinguisher must be permanently affixed to the
dock during the boating season and located within 75 feet of any boat;
(3)
The storage of fuel on a dock is prohibited;
(4)
A permit issued by the Fire Marshal or by the Bay Constable is required
for the purpose of mobile fueling of a vessel. This permit shall specify
the date and the time when the fueling is to be scheduled;
(5)
All commercial or private docking facilities which provide fuel to
vessels or provide 75 or more docking slips must also provide pump-out
facilities for vessel sanitary waste.
F.
Standards for boat moorings.
(1)
No boat mooring or dock shall be located within the lines of any
navigation channel, be located within 50 feet of any channel marker
or so as to interfere with the full use of such channel, nor shall
any mooring or dock be located within 100 feet of any municipal dock.
(2)
No mooring shall be placed within 50 feet of the low-tide line of
any shore within the Peconic Estuary.
(3)
No mooring, spile, or structure shall be placed in any legally, commercially
leased lands dedicated to the purposes of aquaculture.
(4)
No iron post, engine block, cement block, etc., shall be allowed
as a mooring anchor. Anchoring for a mooring must be either a wooden
stake, a mushroom anchor, or other device designed specifically for
boat mooring of a weight prescribed by the Bay Constable. Moorings
shall conform in design and shall be installed in accordance with
the standards and guidelines outlined in "Chapman's Piloting Seamanship
and Small Boat Handling."
(5)
No mooring shall be allowed for any vessel in excess of 26 feet in
length on any creek, pond, embankment or harbor on the Peconic Bay
Estuary.
(6)
No mooring shall be placed so as to interfere with the sweep area
of any other moored boat.
G.
The disturbance of natural vegetation and topography during construction
activities shall be minimized to the greatest degree possible. To
this end, project-limiting fencing, siltation mesh, straw bales or
similar devices for controlling land disturbances and retarding erosion
and siltation shall be required during construction and during any
clearing or grading of land preparatory to or associated with construction
activities.
H.
No permit from the Town Board which is required for projects or activities
in tidal waters shall allow the use of wood which has been treated
with commercial copper quat (ACQ), pentachlorophenol, or creosote.
Wood treated with copper chromated arsenate (CCA) may be used for
pilings and framing only. All planking must be constructed of material
alternative to CCA-treated wood. In determining whether no reasonable
alternative to the proposed construction material exists, the Conservation
Advisory Council shall take into account the cost of alternative materials,
their suitability for the intended use (e.g., structural integrity)
and any environmental benefit to using alternative materials. The
provisions of this section are subject to modifications as determined
by the New York State Department of Environmental Conservation.
[Amended 8-3-2010 by L.L. No. 18-2010]
I.
Dock-flotation billets must be constructed of durable and acceptable
material.
J.
The Town shall have the right to seek removal of any dock which has
been constructed or placed without a permit or is in violation of
the standards and/or restrictions set forth in this section.
K.
In considering the issue of a permit by the Town Board, the following
impacts shall be weighed:
(1)
The effects upon safe navigation;
(2)
The potential for interference with public use of waterways for swimming,
boating, fishing, shellfishing, waterskiing and the like;
(3)
The potential for interference with transit by the public along the
beaches or foreshore;
(4)
Whether or not the structure will significantly impair the use or
value of waterfront property adjacent or near to the dock;
(5)
The potential for degradation of surface water quality;
(6)
The potential for destruction of beds of eel grass (Zostera marina)
or shellfish;
(7)
The potential for unduly restricting tidal flow or water circulation;
and
(8)
The possibility of despoiling views from public parklands or roadways.
M.
Locations of tidal wetlands, creeks, water bodies and bays regulated
by this section of the Town Code are as follows, but not to be exclusive
of:
(1)
East Creek;
(2)
Baiting Hollow Marsh;
(3)
Meeting House Creek;
(4)
Moose Landing Pond at Pier Avenue;
(5)
Reeves Creek;
(6)
Sawmill Creek;
(7)
Terry's Creek;
(8)
Peconic River;
(9)
Wading River Creek;
(10)
Great Peconic Bay shoreline 1,500 feet seaward from mean high
water;
(11)
Flanders Bay;
(12)
Cases Creek;
(13)
Wading River/Mill Creek;
(14)
Fresh Pond.
No leases shall be granted for any bay bottomlands underwater except upon special permit as provided in Chapter 301, Zoning and Land Development, of the Riverhead Town Code granted by the Riverhead Town Board. In addition to the special permit requirements of Chapter 301, the Town Board shall refer each lease application to the Riverhead Conservation Advisory Council for its review and recommendations.
No person shall dig, dredge or change the bottom of any of the
waters in the Town of Riverhead nor drive or place therein any bulkheading,
dock, or obstruction nor deposit any material whatsoever nor empty
any drain or sewage in said waters nor dig any boat channel or basin
in any upland to afford access to any of said waters nor cause the
same to be done unless authorized by a permit issued by the Riverhead
Town Board.
B.
The Director of the Planning Department shall retain the original
permit application for his/her files and distribute one copy each
to the board or department vested with the authority to make a decision
to approve, approve with conditions or deny the application, the Conservation
Advisory Council, and any other board, department, or agency deemed
interested or involved in the application.
[Amended 9-3-2014 by L.L. No. 11-2014]
C.
The Conservation Advisory Council shall commence review within 30
days of referral from the Planning Department. The Conservation Advisory
Council shall issue a report and recommendation to approve, approve
with conditions or deny the application within 60 days from the initial
referral to the Conservation Advisory Council. In the event that an
application is determined to be incomplete and/or additional information
is requested by the Conservation Advisory Council, the Conservation
Advisory Council shall advise the applicant within 30 days from the
date of referral and grant applicant 30 days to provide the information
and/or supplement the application. The sixty-day time period to issue
a report and recommendation shall not apply where an environmental
impact statement is to be prepared by the applicant, in which case
said sixty-day period shall not commence until a final environmental
impact statement has been accepted by the lead agency exercising jurisdiction
over the project.
[Amended 8-3-2010 by L.L. No. 18-2010; 9-3-2014 by L.L. No.
11-2014]
D.
The Conservation Advisory Council shall deliver a copy of the report
and recommendation to the Planning Department, and, in turn, the Planning
Department shall deliver a copy to the board or department vested
with authority to approve, approve with conditions, or deny the application
and mail a copy to the applicant within five days of receipt of the
Conservation Advisory Council's report and recommendation. The Town
Board, Planning Board, or Building Department, as the case may be,
may approve, modify or reject the recommendation of the Conservation
Advisory Council within 15 days of receipt of the report and recommendation.
Such fifteen-day period shall commence upon the lapse of three days
from mailing of a copy of the decision of the Conservation Advisory
Council to the applicant or service upon the board or department,
whichever shall be later. In the event that the board or department
seeks to modify or reject the recommendation of the Conservation Advisory
Council, the board or department shall publish its decision, including
its findings of fact and conclusions, in the official newspaper of
the Town, except an application within the jurisdiction of the Town
Board shall require that the Town Board hold a public hearing upon
reasonable notice published in the official newspaper of the Town
prior to modification or rejection of the Conservation Advisory Council's
recommendation. The Town Board shall, after the required public hearing,
then render a decision to deny, approve or approve with conditions
the permit application. In rendering a decision of approval, approval
with conditions or denial of a permit, the Town Board shall state,
in writing, its findings of fact and conclusions. The decision shall
be transmitted to the Town Clerk, who will advise the applicant of
such decision by transmitting a copy of the permit application to
the applicant, together with the decision and conditions, if any,
imposed by the Town Board.
[Amended 8-3-2010 by L.L. No. 18-2010; 9-3-2014 by L.L. No.
11-2014]
E.
The decision of the Town Board regarding a permit
application shall be judicially reviewable.
F.
Based upon the proceedings and decision of the court
in the event a taking is declared, the Town may, within the time specified
by the court, elect to:
(1)
Institute condemnation proceedings to acquire the
applicant's land in fee by purchase at the fair market value.
(2)
Approve the permit application with lesser restrictions
or conditions.
(3)
Invalidate all conditions and the application of this
Part 4 to the applicant's land and grant a permit without conditions.
G.
The permit holder or his agent shall keep posted,
in a conspicuous place on the work site, the permit card and shall
keep the same posted until completion of the work.
H.
Operations conducted under the permit shall be open
to inspection at any time by any agency or agent of the Town of Riverhead.
I.
The location and boundaries of the proposed project
must be clearly indicated in the field for the purposes of inspection
by any agency or agent of the Town of Riverhead.
J.
The permit application fee is $100; a maximum penalty
of $300, in addition to the regular permit fee, may be levied for
any applicant who commences construction prior to the issuance of
a permit from the Town of Riverhead.
A.
The permit is void if not used within one year from the date of issue.
B.
Any permits issued hereunder shall become void if the holder ceases
to be a resident or taxpayer in the Town of Riverhead.
[Amended 1-17-2024 by L.L. No. 3-2024]
C.
No extension of this permit shall be granted, except for good cause
shown and upon written application. All permits are revocable by order
of the Town Board.
