[HISTORY: Adopted by the Town Board of the Town of Milo 10-16-2006 by L.L. No. 4-2006 (Ch. 83 of the 1997 Code). Amendments noted where applicable.]
This chapter shall be known and shall be cited as the "Keuka
Lake Uniform Docking and Mooring Law."
The purpose of this chapter is to regulate lakeshore docks,
moorings and other waterside structures in or on the waters of Keuka
Lake. The regulations were developed in order to protect public safety,
support robust lake environmental conditions, provide reasonable public
visual and physical access to the lake, ensure safe recreational use,
and establish fair, consistent and uniform standards.
A.
Section 46-a of the New York State Navigation Law has been amended
by adding Subdivision (6), giving the villages and the towns surrounding
Keuka Lake the authority to adopt, amend and enforce local laws, rules
and regulations not inconsistent with the laws of the United States,
with respect to the restriction and regulation of the manner of construction
and location of boathouses, moorings, and docks, including related
accessorial uses, within the waters of Keuka Lake proper, excepting
its tributaries and Keuka Lake Outlet, from the mean high water level
to a distance of 1,500 feet from the shoreline.
B.
For the purposes of this chapter, Keuka Lake Outlet and Keuka Lake
are deemed to be separated by a straight line connecting points situated
by the following coordinates pursuant to the 1983 New York State Plain
Central plotting system:
C.
The entirety of Keuka Lake Outlet, Keuka Lake Outlet Canal, and Wagner
Pond, all of which are located to the north of the above established
line of separation, are specifically excluded from the application
of this law.
D.
The provisions of this chapter do not apply to municipal or New York
State owned lakeshore parcels.
For the purposes of this chapter the following definitions shall
apply:
See "boat slip" hereinafter set forth.
Any vessel requiring state or federal registration for use
on public waters (including sea-planes).
An enclosed storage structure, the purpose of which is the
storage of boating-related accessories.
Any mechanical device, the purpose of which is to raise or
lift a boat out of the water for waterside storage.
A seasonal, open-sided, waterside structure containing a
boat hoist.
The area of any structure, boat hoist structure, boat station,
boat house, dock or pier, or any other facility, the purpose of which
is the storage of one boat.
A permanent, open-sided structure, constructed in the water
with a mechanical device, the purpose of which is to raise or lift
a boat out of the water for waterside storage. A boat station is intended
as a permanent boat hoist structure and may have a roof.
A permanent enclosed structure that provides direct water
or rail access to Keuka Lake for boats. A boathouse has a permanent
roof and one or more enclosed sides.
Any water-dependent structure, or fixed platform built on
floats, columns, open timber, metal, piles, or similar openwork supports,
or cantilevered structures extending to the shore, including piers
and wharfs, whose purpose is providing riparian access and/or securing
of watercraft. All such structures, as above described, which are
placed waterside of the mean high water mark shall be defined as a
dock.
The vertical distance measured from the mean high water level
to the highest portion of a structure.
A permanent structure, usually composed of one or more pilings,
installed for the exclusive purpose of protecting mooring and docking
facilities from ice damage.
The number of feet of lake frontage based upon the Town or
village Tax Maps.
The person or persons having a fee simple title to the lakeshore
parcel.
A parcel of land bordering on the shore of Keuka Lake.
A lakeshore business, open to the general public, whose purpose
shall include sale of boats, supplies and fuel; rental of boats, marine
equipment, dock and mooring space, and winter storage; service of
boats and marine equipment; and provision for boat access to the lake.
The locations where the mean low and high water levels intersect
with the shoreline of the lakeshore parcel.
The approximate average low water level or high water level
for Keuka Lake, determined by reference from survey data provided
by the United States Geological Service (USGS). According to the New
York State Department of Environmental Conservation, Division of Environmental
Permits, the mean high water level for Keuka Lake is 715.3. The mean
low water level is 712.55.
A waterside structure where vessels can be stored, including,
but not limited to, dockage, boat slips, boat stations, boathouses,
boat hoists, marine rail systems and buoys.
A waterside area consisting of one or more structures, docks,
mooring buoys or a combination thereof, used for the berthing or mooring
of boats, yachts, or other floating craft, whether manually, mechanically,
or sail powered.
A floating object anchored to the bed of the lake, but not
to the lakeshore, to which a boat could be attached for waterside
storage.
All types of land uses on the lakeshore except those land
uses specified in the residential land use category. This includes,
but is not limited to, marinas, yacht clubs, camps, and restaurants.
The type of construction for any dock, boathouse, boat station,
or boat accessory structure that is fixed to the bed of the lake and
not intended to be removed during the winter months.
A vessel which uses an inboard motor powering a water jet
pump as its primary source of propulsion and which is designed to
be operated by a person sitting on, standing on or kneeling on the
vessel rather than in the conventional manner of sitting or standing
inside the vessel.
Any structure extending out into or over the water which
is built upon fill.
A membership-only nonresidential lakeshore facility, not
associated with a unique multiple-residence upland property or properties,
whose purpose is to provide social facilities for members and guests.
It may include docking and mooring facilities for member and club-owned
boats.
All land uses on the lakeshore parcel that are normally classified
as a place of dwelling, including, but not limited to, single-family,
multifamily, boardinghouses, apartments, bed-and-breakfasts, townhouses
and condominium units, time-shares, homeowner associations and multiresidence
upland lakeshore parcels.
The type of construction for any dock or boat hoist structure
that is intended to be removed during the winter months.
Seasonal platforms, fastened to the lake bottom, whose purpose
is to provide deeper water access for swimming and diving.
The straight line extending between the two shoreline boundaries
of a lakeshore property at the mean high water mark.
A floating means of conveyance.
Imaginary lines that extend into the lake in order to establish the riparian rights of adjoining lakeside properties. Water rights lines determine the boundaries for the placement of berthing and mooring facilities, as well as all other facilities subject to this law. The method for establishing water rights lines is found in § 178-5C.
The lake side of the mean high water mark.
Any waterside man-made structure, for use in enabling water-dependent
activities, whose profile is visible above the surface of the water
and is affixed in some way to the shore or the lake bottom to hold
its position.
A membership-only lakeshore facility, not associated with
a unique upland property or properties, whose purpose is to promote,
educate and regulate yachting and boating, as well as provide social
facilities for members. The club facility may include docking and
mooring facilities for member and club-owned pleasure boats, limited
marine supplies for member use, and clubhouse facilities for the use
of members and guests.
A.
Placement of mooring and berthing facilities adjacent to a lakeshore
parcel shall be determined by the category into which this parcel
falls as defined in this chapter.
B.
The provisions of this chapter apply to the lakeshore owner based
upon the number of lake shoreline footage for each lakeshore parcel.
C.
Berthing and mooring facilities shall be placed within the water
rights line of the parcel so as not to interfere with the waterside
usage of adjacent parcels.
(1)
Water rights lines are determined using the following method (See
Figure 1[1]):
(a)
Determine the four points where the mean high water mark intersects
the property lines of the parcel and the two adjoining lakeshore parcels.
(b)
Connect the points of intersection with straight lines. These
lines are called "mean high water tie lines."
(c)
Where two mean high water tie lines meet, measure the angle
on the water side.
(d)
Bisect (or divide by two) that waterside angle measurement.
The bisecting line, projected out over the waterside, is the water
rights line.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(2)
It is the owner's responsibility to determine water rights lines. Where the water rights lines for a lakeshore property are less than 200 feet long at the point of intersection, the methods described in Subsection C(1)(a) through (d) must, if possible, be modified in order that each parcel's water rights lines are at least 200 feet long at their point of intersection (if any).
D.
No permanent waterside structure, except ice breakers, shall be located
closer than 10 feet in the residential land use category and 20 feet
in the other land uses category to any water rights line of a parcel.
Ice breakers shall be placed in such a manner that they will be contained
within the water rights line of the parcel. Any seasonal waterside
structure or vessel moored to it shall be contained within the water
rights line of the parcel.
E.
Mooring buoys shall be placed in such a manner that each moored vessel
shall avoid contact with any other moored vessel or structure. At
no time may a moored vessel, or part thereof, extend outside the limits
of any water rights line of a parcel.
F.
One boat hoist structure is permitted for each boat slip or registered
boat mooring permitted under the regulations contained in the residential
land use category. A roof is permitted, but it must not have a pitch
greater than a 3/12. The sides shall not be enclosed in any manner.
Construction of a second floor level inside the boat hoist, or of
a second-floor sundeck, is not permitted.
G.
A boat station shall not exceed a height of 15 feet above the mean
high water level, and the sides shall not be enclosed in any manner.
Construction of a second floor level inside the boat station, or of
a second-floor sundeck, is not permitted. A roof is permitted but
it must not have a pitch greater than a 3/12. No boat station may
be used as a dwelling, sleeping, lodging or boarding place. Within
the residential land use category, any boat station is limited to
a maximum of two boat mooring spaces.
H.
Only docks, boat hoist structures, boat stations, swim floats, and
other specified mooring and berthing facilities are permitted on the
water side of the mean high water mark. Boathouses, boat accessory
structures, or any other types of structures not specifically permitted
in this document, are not permitted on the water side of the mean
high water mark.
I.
Compliance with the State Environmental Quality Review Act shall
be required for any site plan approval granted under the regulations
contained in this chapter.
J.
All construction activities are subject to state and federal review
by the following agencies as applicable and as required by law: the
New York State Department of Environmental Conservation; the New York
State Office of Parks, Recreation and Historic Preservation; the New
York State Office of General Services; and the United States Army
Corps of Engineers. Article 6, § 75, of the Public Lands
Law establishes the terms and conditions for the conveyance of the
state's interest on state-owned underwater land. It is the responsibility
of the lakeshore owner to obtain any and all state and federal permits
as may be required.
(1)
All construction is subject to state and federal laws, including
the New York State Navigation Law. Section 32-c of said law makes
it a misdemeanor to build any structure that interferes with the free
and safe navigation of the navigable waters of this state.
(2)
The villages and towns may require that an application shall be submitted
for review to the New York State Office of Parks, Recreation and Historic
Preservation or other applicable state agency if the requested docking
or mooring facility presents navigation issues.
K.
All site plan approvals required by this chapter and all variance
applications shall be subject to the provisions of the respective
Town and village laws.
L.
As municipal and New York State owned lakeshore parcels are not regulated
by this law, the lakeshore municipalities and New York State are free
to regulate docks and moorings on their own lakefront according to
their needs. Municipally owned piers and wharfs providing public access
are permitted, and the municipal owner may provide regulations for
their use.
A.
The lake shoreline footage determines the permitted number of docks and lakeside moorings for boats requiring state or federal registration and is subject to the setback requirements and water rights line limitations in § 178-5D of this chapter.
(1)
Residential land uses.
(b)
For those lakeshore parcels that exceed 199.99 feet: three additional
moorings for boats are permitted for each 100 feet of lakeshore, and
one additional dock is permitted for each additional 100 feet of lakeshore.
(c)
Residential dock construction shall not exceed the following
maximum dimensional criteria: Each permitted dock shall not exceed
a total of 720 square feet, including walkways. (See Figure 2.[1]) For the purposes of this section, width is measured parallel to the mean high water mark; length is measured perpendicular to the mean high water mark. The open water space of boat hoist structures, or boat stations, is not included in the calculation of dock area. If none of the permitted docks on a parcel exceeds 300 square feet, one additional dock, in addition to those specified in Subsection A(1), which is less than 300 square feet, shall be permitted.
[1]
No part of the dock, or associated structures and equipment,
shall extend beyond a line which is 65 feet from the mean high water
mark.
[2]
If a water depth of at least three feet is not attained at a
point extending directly out into the lake a distance of 65 feet from
the mean high water mark when the lake level is 712.55 feet above
sea level, the dock may be extended to a point where this depth is
achieved, providing this length does not violate the New York State
Navigation Law.
[3]
The use of fingers, such as "T", or "L" shaped appendages, is
permitted in any configuration from the main walkway of the dock to
form boat slip spaces.
[1]
Editor's Note: Figure 2 is included as an attachment to this chapter.
(d)
In categories where two or more docks are permitted, the docks
shall be separated by at least 10 feet.
(e)
In categories where two or more docks are permitted, the consolidation
of two docks into one dock is permitted. The total square footage
of the consolidated dock shall not exceed 1,200 square feet. The consolidated
dock shall conform to all other provisions of this chapter.
(f)
Seasonal docks do not have setback requirements but must fit
within water rights lines, together with any boats moored to them.
Seasonal docks do not require permits but are included in the number
of allowable docks and moorings for boats. Preexisting seasonal docks
are not further regulated in this chapter. Swim floats are not to
be included in counting the number of docks permitted but they must
fit within the water rights lines.
(g)
Limitations on the number of moorings for boats do not apply
to boats moored on the upland side of the high water mark nor do they
apply to short-term moorings for visitors.
(2)
Other land uses.
(a)
Marinas and yacht clubs: The minimum lake shoreline footage
required for a marina or yacht club is 200 feet. From 200 feet to
249.99 feet, moorings for up to 75 boats are permitted.
[1]
For those lakeshore parcels that exceed 249.99 feet, up to 20
additional moorings are permitted for each additional 50 feet of lakefront.
(b)
Restaurants: The minimum number of feet of lake shoreline footage
required for docks and moorings for a restaurant is 100 feet. From
100 feet to 149.99 feet, up to 20 moorings are permitted; from 150
feet to 199.99 feet, up to 30 moorings are permitted.
[1]
For those lakeshore parcels that exceed 199.99 feet, up to 10
additional moorings are permitted for each additional 50 feet of lakeshore.
[2]
The mooring and berthing facilities shall require site plan approval by the Planning Board in accordance with the provisions contained in § 178-7 of this chapter.
[3]
The permitted number of boat slips allowed for this land use
activity is intended for use by the customers of the establishment
on a short-term basis for dining and entertainment purposes.
(c)
Hotels, motels, camps, resorts and private clubs: The minimum
number of feet of lake shoreline footage required for docks and moorings
is 100 feet. From 100 to 149.99 feet, up to 10 moorings are permitted;
from 150.00 feet to 199.99 feet, up to 15 moorings are permitted.
B.
Limitations in this section shall be determined by the current lake
shoreline footage of the lakeshore parcel, regardless of how property
interests in the lakeshore parcel may be divided among the owner(s),
lessee(s), occupant(s), easement holder(s), or any other person(s)
or entity(ies) with a legal or beneficial interest in any existing
or proposed berthing and mooring facility.
A.
In accordance with the provisions of § 274-a of the Town
Law and § 7-725-a(1) of the Village Law, the towns and villages
shall have the total responsibility for conducting all reviews required
by this chapter.
B.
The villages and towns may require the owner to provide appropriate
documentation for the application, including surveys when necessary
to determine water rights lines.
C.
Site plan approval shall be required for other land uses categories
by the local Planning Board, and building permits are required in
accordance with the provisions of this section. Only the lakeshore
owner or his authorized agent(s) may submit applications.
D.
Building permits are required for the placement or construction of
permanent docks and berthing facilities within the residential land
use category. A lakeshore owner shall apply to the Code Enforcement
Officer for review of the proposed berthing and mooring facilities
in compliance with the provisions of this chapter and must obtain
his written approval prior to the start of construction.
E.
The application form for all land use categories shall include: certification
that all owners, lessees, occupants, easement holders, and any other
persons or entities with a legal or beneficial interest in any existing
or proposed mooring and berthing facility related to this property
have been notified of this application. The limitations of this chapter
are applicable to all parties who have a property interest in the
parcel. The applicant is advised that failure to notify any party
possessing a property interest in the parcel may affect any relief
granted as a result of this application and process.
F.
Site plan approval by the local Planning Board and a building permit
are required for the placement of all berthing and mooring facilities
within the other land uses category. A development approved under
the other land uses category that involves the seasonal placement
of docks, or other mooring and berthing facilities, does not need
to be approved each season, provided that compliance with the original
approval and any conditions placed thereon is continued.
(1)
An application for site plan approval shall be submitted to the Code
Enforcement Officer for review by the Planning Board and shall contain:
(a)
For special situations, towns and villages may require a site
plan prepared by a New York State registered architect, landscape
architect, engineer, or surveyor in accordance with the New York State
Education Law.
(b)
A site plan shall be drawn to scale and shall contain a description
of the existing and proposed berthing and mooring facilities, showing
at a minimum: name, address, parcel boundaries, Tax Map number of
the lakeshore parcel; the lake shoreline footage; the water rights
lines; the mean high water tie line; the depth of the lakeshore bottom;
and the proposed setbacks.
(2)
The site plan approval requirements of this chapter may be integrated with the site plan approval and submission requirements contained in Chapter 140, Zoning, and any permit applications required therein.
(3)
Mooring buoys over 100 feet from the water side of the mean high
water mark require a New York State anchorage permit.
The respective Town and village Planning Boards shall use the
following standards to determine the appropriateness of any and all
proposed construction of mooring and berthing facilities for shoreline
protection:
A.
The construction of such facilities shall be undertaken in such a
way so as not to impair the water quality, cause harm to fish or fish
spawning grounds, cause problems of erosion or sedimentation, create
hazards for navigation, or otherwise threaten the public health or
safety.
B.
Such facilities shall be constructed only of materials which are
stable and which will have no adverse effects on water quality.
C.
The amount of any grading, filling, earth moving, and disturbance
of land above the mean high water mark during the construction of
such facilities shall be minimized.
D.
When deemed appropriate, mooring and berthing facilities within the
other land uses category shall provide adequate and approved pumping
facilities for waste disposal therefrom.
A.
For the purpose of this chapter, any lawful water-dependent permanent
structure existing at the time of the effective date of this chapter,
or having already received preliminary or final site plan approval
by a municipality, which shall be made nonconforming by the passage
of this chapter, may be continued, except as otherwise provided by
Article 6, § 75, of the Public Lands Law.
B.
Upon the effective date of this chapter no existing nonconforming
building, structure or use shall be enlarged, extended, reconstructed,
substituted, or structurally altered, except as set forth below:
(1)
Any nonconforming building or structure damaged by natural disaster,
fire or vandalism may be restored, reconstructed or used as before,
provided that the dimensions of such use, building or structure shall
not exceed the dimensions which existed prior to such damage, and
that it be completed within 18 months of such happening.
(2)
A nonconforming mooring and berthing facility or other structure
may be made to be in conformance. The replacement of temporary mooring
and berthing facilities with permanent mooring and berthing facilities
shall comply with the regulations of this chapter.
(3)
When nonconformity is changed in accordance with the provisions hereof,
the use of the building or structure shall not thereafter be changed
again, except in accordance with the regulations of this chapter.
(4)
Normal maintenance and repairs and incidental alteration of a building
or structure containing a nonconformity are permitted, provided that
such does not extend the area or volume of space occupied by the nonconformity.
Piers or wharfs may require limited expansion for repair or reconstruction
based upon NYSDEC standards.
(5)
Each Town or village may require any lakeside structure which is
determined to be unsound or unsafe, from a public safety standpoint,
to be removed.
(6)
Manufactured home parks (containing homes on leased land), restaurants, marinas, yacht clubs and all other Lakeshore use categories included in § 178-6A(2) existing at the time of the adoption of this uniform local legislation can maintain no more than the currently permitted number of seasonal and permanent docks and slips pursuant to their New York State license in effect at the time of the adoption of this uniform local legislation or the number specified in § 178-6A(2), whichever is the greater number.
(7)
Dock placement for easement situations existing prior to adoption
of this chapter shall be allowed to continue in order to place seasonal
docks in a manner consistent with the terms and history of the shoreline
easement.
C.
After the effective date of this chapter, the burden of proof of
conformance/nonconformance is the responsibility of the lakeshore
property owner.
A.
Lakeshore owners aggrieved by the decision of the Code Enforcement
Officer may appeal the decision to the Zoning Board of Appeals, pursuant
to § 267-a of the Town Law or § 7-712-a of the
Village Law or other applicable requirements specified by New York
State statute or case law. The Zoning Board of Appeals may grant a
variance to the provisions of this chapter. Dimensional criteria for
the placement of berthing and mooring facilities may be varied in
accordance with the applicable requirements of state statutes.
B.
Any variance that is granted or denied by the Zoning Board of Appeals
shall set forth in its decision the findings of fact made in its granting
or denying the requested variance, or in the Zoning Board of Appeals
decision rendering its interpretation or determination of an appeal
from an underlying administrative official's order, requirement,
decision, interpretation or determination relative to the enforcement
of this chapter.
Amendment procedures for this chapter are contained in § 46-a,
Subdivision (6)(b), of the New York State Navigation Law. Amendments
can only be made by unanimous adoption of a local law by the municipalities,
after proper public hearing and environmental review. Such amendments
shall become effective only upon submission to and approved in writing
by the Commissioner of the New York State Office of Parks, Recreation
and Historic Preservation and upon their subsequent filing with the
New York State Secretary of State. Amendments must be initiated by
a resolution made by five of the eight lakeshore municipalities, thus
creating the necessity that all eight lakeshore municipalities must
address the issues set forth in the resolution(s). Adoption of any
amendments must be effected by all respective lakeshore municipalities
unanimously agreeing thereto by resolution.
Any prior ordinance, regulation or resolution of any village
or of any Town surrounding Keuka Lake in conflict herewith is hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed
in violation of any local law, ordinance, regulation or resolution
hereby repealed, prior to the effective date of this chapter.
Each Town/Village Board may, by resolution, establish appropriate
fees for the review and processing of the permits under this chapter.
This chapter shall be take effect in the Town of Milo only after
it has been adopted by the Town of Milo and thereafter by all of the
other respective lakeshore municipalities as provided by law, and
its having been thereafter submitted to and approved in writing by
the Commissioner of the New York State Office of Parks, Recreation
and Historic Preservation, and then 10 days after its filing in the
office of the New York State Secretary of State.
