Village of Northport, NY Marine Conservation and Regulation of Marine Structures

It is the intent of the Village Board to protect the citizens of the Village of Northport by providing for the protection, preservation, proper maintenance and use of its watercourses, coastal wetlands and tidal marshes in order to minimize their disturbance, prevent damage from erosion, turbidity or siltation, salt water intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, the dangers of flood and storm tide damage and pollution and to otherwise protect the quality of watercourses, coastal wetlands, tidal waters, marshes, shorelines and watersheds from mismanagement. Therefore the Village Board declares that regulation of the watercourses, coastal wetlands and tidal marshes of the Village of Northport is essential to the health, safety, economic and general welfare of the people of the Village of Northport and in their interest.

§ 124-2 Definitions; word usage.

Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

APPARENT HIGH WATER (AHW)

The observed location of high water recorded at a particular point or station on a particular date.

APPARENT LOW WATER (ALW)

The observed location of low water recorded at a particular point or station on a particular date.

ARMAMENT-STONE

The placement/installation of larger stones, including boulders, at the toe of a bulkhead/seawall to dissipate wave action.

BERTH

The water area a vessel occupies when made fast to a shoreline or structural installation.

BULKHEAD

A structure that is positioned parallel to the shore to retain upland soil.

CERTIFICATION OF COMPLETION

A certificate issued by the Northport Village Building Department stating that a permitted project under this chapter has been completed in compliance with approved plans, the Code of the Village of Northport and other applicable provisions of law.

COMMERCIAL MARINE STRUCTURE(S)

A marine structure designed to dock, berth or service vessels that function and/or serve as a component part of a marina, fuel dock, yacht club, barge, tanker terminal, commercial fishing loading/off-loading facility or as a structure designed to secure or make fast a vessel(s) engaged in commerce or to accommodate greater than four noncommercial vessels at a time.

CONSTRUCTION

The act or action of combining materials and parts to form a new permanent or temporary structure or to extend or reduce an existing structure.

DEPOSIT

Includes, but is not limited to, dump, bulldoze, shovel, pipe hydraulically or any other method of placing material on a site.

DOCK ASSEMBLY

A marine structure, components and assemblage that extends seaward consisting of a fixed pier, movable access ramp and float(s), intended to berth and secure a vessel(s).

DOCK

A marine structure whose primary purpose is to berth and secure boats by itself or as part of a dock assembly.

EROSION

To wear away or diminish land by action of water or wind.

FILL

All fill, including but not limited to backfill material, consisting of only clean sand, gravel or soil (not asphalt, slag, fly ash, broken concrete or demolition debris).

FIXED PIER

A marine structure, usually of open construction, that is stand-alone or is a component of a dock assembly, built for use as a means of accessing the shoreline from a boat.

FIXED PLATFORM ACCESS STRUCTURE

A marine structure, usually of open construction, that provides access to the shoreline over or around an erosion control structure, including but not limited to a bulkhead, seawall or rip-rap.

FLOATING DOCK

A buoyant marine structure usually of open construction, which extends seaward and is affixed and secured in place with the use of piles or anchors.

GABION WALL SYSTEM

A system of cage or box-like structures filled with larger stones or concrete and placed in line and sometimes stacked on a shoreline area to act as erosion control.

HIGH WATER (HW)

Maximum height reached by a rising tide. The height may be solely due to the periodic tidal forces or it may have superimposed effects of prevailing meteorological conditions; also commonly known as high tide.

LITTORAL BOUNDARY

A boundary line extending seaward from adjoining upland parcels from a point at right angles to tangent to the mean high water (MHW) line, drawn at that point to where the property line intersects the MHW line. In situations where irregular shoreline features may cause the littoral boundary to inequitably divide the littoral areas of adjacent shoreline property owners, the littoral boundary will be located in such a manner as to equitably divide the adjacent littoral areas based upon shoreline frontage.

MARINA

A waterfront facility designed to berth, store, launch, repair, fuel or provision a vessel exclusive of a docking facility that services as a residential and/or recreational structure.

MAINTENANCE DREDGING

Dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor.

MARINE RESOURCE FLOATING PLATFORM

Any special purpose floating platform operated and regulated by the Village of Northport alone designed for and limited to propagation and grow-out of natural resources.

MARINE STRUCTURE

A structure either in the water or adjacent to the shoreline that provides access to the water, the shoreline or protects property bordering the shoreline from erosion, including but not limited to a bulkhead, seawall, dock assembly, fixed pier, fixed platform access structure, floating dock, floating platform, armament-stone, rip-rap, or gabion wall system.

MEAN LOW WATER or MEAN HIGH WATER

Respectively, the approximate average low water level or high water level for a given body of water at a given location, that distinguishes between predominantly aquatic and predominantly terrestrial habitat as determined, in order of use, by the following:

(1)

Available hydrologic data, calculations, and other relevant information concerning water levels (e.g. discharge, storage, tidal, and other recurrent water elevation data;

(2)

Vegetative characteristics (e.g., location, presence, absence or destruction of terrestrial or aquatic vegetation);

(3)

Physical characteristics (e.g., clear natural line impressed on a bank, scouring, shelving, or the presence of sediments, litter or debris);

(4)

Other appropriate means that consider the characteristics of the surrounding area.

MATERIAL

Includes, but is not limited to, soil, sand, gravel, clay, bog, mud, shells, or other aggregates, solid and liquid wastes and chemicals.

MINOR RECONSTRUCTION

Includes, but is not limited to, the replacement-in-kind, or reconstruction of less than 50% of a marine structure or subsystem of a marine structure in a twelve-month period.

OPERATION

The removal or depositing of material or a combination of both or the erection or reconstruction of any dam, impounding structure or other structure, including, but not limited to, any artificial obstruction, temporary or permanent, dock, pier, wharf or other structure, temporary or permanent, used as a landing place on water or pile, spile or dolphin.

PIER

A marine structure usually of open construction projecting into a body of water for use as a landing stage or breakwater.

PILE

A long vertical substantial pole of wood, concrete, fiberglass or metal, driven into the earth or sea-bed to serve as support or protection.

REMOVE

Includes but is not limited to dig, dredge, suck and bulldoze or any other method.

REPAIR

To restore to sound condition after damage or wear by means of replacement of any part of portion of an existing marine structure or subsystem with like or similar type materials.

RESIDENTIAL AND/OR RECREATIONAL MARINE STRUCTURES

A pier, ramp and float(s) structure operated for recreational purposes permit the docking of no greater than three vessels per single residence.

RIP-RAP

The placement or stacking of larger stones, including boulders and slab, on a shoreline area to act as control erosion.

ROUTINE MAINTENANCE

The customary minor repairs required to preserve and sustain a marine structure in satisfactory operating condition, provided that the minor repair is not submerged in tidal water. Routine maintenance shall not include the enlargement of or increase in capacity in a portion of a permitted marine structure. Any form or dredging or depositing of material shall not be considered routine maintenance and shall require a permit under this chapter.

SEAWALL

A wall or embankment to protect the shore from erosion or to act as a breakwater.

SHORELINE

The land at the edge of a body of water, such as an ocean, sound, bay, sea, lake, cove, bight, canal or harbor.

SUBSTANTIAL RECONSTRUCTION

Refers to any repair, replacement or reconstruction of 50%, by area, or more of a marine structure or subsystem of a marine structure in a twelve-month period.

SWIM FLOAT

A floating structure positioned and anchored in Town waters that is designed specifically to serve as a diving platform and to assist or support swimmers during recreational water contact activities.

TIDAL WATERS

Includes all waters bordering on or within the village boundaries subject to fluctuations in depth from storm, peak lunar or normal tidal action and shall include but not be limited to all brackish and salt waters of streams, ponds, creeds, estuaries, bays, sounds and inlets and may include certain fresh waters.

VILLAGE

The Village Board of the Village of Northport or the Village of Northport Board of Trustees or their successors as provided by law, or both, as the case may be.

UPLAND

All that land or area not containing wetlands as defined herein and which is above the ten-foot contour measured from mean sea level datum as established by the United States Coast and Geodetic Survey.

WATERCOURSES

Any waterway or other body of fresh, brackish or salt water having reasonably well defined banks including but not limited to sounds, bays, rivers, creeks, rivulets, lakes, ponds and streams.

WETLANDS

Lands generally covered or intermittently covered with fresh, brackish or salt water, including but not limited to tidal marsh, thatch meadows, out-marshes, salt meadows, swamps and bogs.

Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

§ 124-3 Design and engineering documentation required; application.

For the purposes of this chapter, any applicant for a permit under this chapter shall submit design drawings and supporting engineering documents prepared by a professional engineer licensed by the State of New York to the Northport Village Building Department that include, but are not limited to, the following information, as applicable, regarding the structures set forth below that are proposed to be constructed and/or reconstructed:

Bulkheads, groins, jetties and breakwaters.

(1)

The type of hardware proposed to be used, including, dimensions, sizing, material and coatings;

(2)

The dimensional lumber (e.g., wales, caps, sheathing) proposed to be used, including sizing, wood type and classification, treatment, spacing, joining details (e.g. wale scarf joint);

(3)

The type of sheathing proposed to be used, including, but not limited to, the dimensions, material, manufacturer's specifications, if appropriate (e.g. steel, vinyl, fiberglass);

(4)

The in-situ soils, including but not limited to the elevation of hardpan, bearing capacity;

(5)

The piles proposed to be used, including the type of material, length, class, tip, butt, treatment, if timber, and manufacturer's specifications, if appropriate (e.g. steel, fiberglass);

(6)

Splice details. Depiction of how proposed structure is to meet with existing adjacent structure;

(7)

Deadman system, including anchor details (e.g. timber, poured concrete, engineered);

(8)

Fill; backfill material. The classification of backfill material, whether the backfill material is well graded and/or well draining, and proof of origin of the backfill material;

(9)

Geotextile filter fabric. The manufacturer's specifications for the geotextile filter fabric; and

(10)

Structural calculations that support the choice of materials and design (e.g. free earth support method for bulkheads).

Seawalls (stone, concrete, masonry).

(1)

In-situ soils, including but not limited to the elevation of hardpan and the bearing capacity;

(2)

Splice details. A depiction of how proposed structure is to meet with existing adjacent structure;

(3)

Deadman System. The anchor details, including timber, poured concrete, engineered;

(4)

Fill; backfill material. The classification of backfill material, whether the backfill material is well graded and/or well draining, and proof of origin of the backfill material;

(5)

Geotextile filter fabric. Submission of the manufacturer's specifications;

(6)

Concrete/masonry design:

(a)

Protection from sea water;

(b)

Reinforcement; and

(c)

Joints.

(7)

Structural calculations that support the choice of materials and design:

(a)

Factor of safety against overturning;

(b)

Factor of safety against sliding; and

(c)

Maximum soil pressure under the base.

Piers and docks.

(1)

The type of hardware proposed to be used, including the dimensions, sizing, material, coatings;

(2)

The dimensional lumber proposed to be used (e.g., posts, girders, stringers, decking), including the sizing, wood type and classification, treatment, spacing, and joining details (e.g., fasteners, strapping, frequency, spacing);

(3)

In-situ soils, including but not limited to the elevation of hardpan and bearing capacity;

(4)

The piles proposed to be used, including the type of material, length, class, tip, butt, treatment, if timber, and manufacturer's specifications, if appropriate (e.g., steel, fiberglass); and

(5)

Splice details. A depiction of how the proposed structure is to meet with existing adjacent structure.

Floating docks.

(1)

The type of hardware proposed to be used, including the dimensions, sizing, material, coatings;

(2)

The dimensional lumber proposed to be used (e.g., posts, girders, stringers, decking), including the sizing, wood type and classification, treatment, spacing and joining details;

(3)

Piles. The piles proposed to be used, including the type of material, length, class, tip, butt, treatment, if timber, and manufacturers specifications, if appropriate (e.g., steel fiberglass);

(4)

Flotation material. The type of foam or flotation material;

(5)

Gangways including connection details to bulkhead or pier, handrails and Americans with Disability Act ramps;

(6)

Anchorage system;

(7)

Utility hangar and access system; and

(8)

Decking material, cleat system and connection.

Boat Ramps.

(1)

Cofferdam and dewatering preliminary design sketches;

(2)

Scour protection;

(3)

Concrete slab design;

(4)

Loan transfer;

(5)

Base course for the concrete slab;

(6)

Fill; backfill material. The classification of backfill material, whether the backfill material is well graded and/or well draining, and proof of origin of the backfill material;

(7)

Geotextile filter fabric. Submission of manufacturer's specifications;

(8)

Proposed slope. The recommended slope for the boat ramp is 14%; and

(9)

Traction grooves in the concrete.

§ 124-4 Environmental protection standards for residential and recreational marine structures.

Fixed pier, ramp, and floating dock(s). The following standards and regulations shall apply to the design, construction, and operation of a residential and/or recreational fixed pier, ramp and float as permitted under this chapter.

[Amended 4-20-2021 by L.L. No. 1-2021]

(1)

The maximum overall length of a fixed pier, ramp and float dock structure shall be limited to a distance not to exceed 100 feet extending from a mean high-water (MHW) mark to littoral property subject to the rights of the public to provide access for the use of underwater lands to obtain natural resources, including finfish and shellfish, and use of waterways for navigation, recreation, and swimming. Measurements shall be taken from mean high-water (MHW) line to extend seaward.

(2)

The underside of joists supporting a fixed pier that extends seaward shall be elevated no less than four feet above mean high water.

(3)

The deck of a fixed pier shall have a maximum surface width of 48 inches. All proposed decking shall permit the passage of light and water to the area below, unless otherwise authorized by the New York State Department of Environmental Conservation (NYSDEC).

(4)

The areas of the fixed platform/deck shall not exceed 400 square feet. A dock shall not exceed 100 feet in length from a mean high-water (MHW) mark and shall not exceed four feet in width.

(a)

Any application for a fixed pier, ramp, floating dock or fixed platform that seeks to exceed the maximum(s) permitted under § 124-4A(1), (2), (3) and (4) shall, at the discretion of the Northport Village Board of Trustees, be:

[1]

Heard by the Northport Village Board of Trustees; or

[2]

Referred to the Northport Village Zoning Board to review and act in accordance with the powers granted to them and pursuant to the criteria established § 124-4A(4)(b).

(b)

Upon referral from the Northport Village Board of Trustees, the Zoning Board shall review and act upon the application. The Zoning Board review shall include, but not be limited to, navigational safety issues; whether it will produce a detriment to the nearby properties; if the requested application to exceed the limits is substantial; if the proposed application adversely affects the physical and environmental conditions in the area and can the relief sought by the applicant be achieved by some other feasible method.

(c)

In addition to the foregoing, no application for the relief sought hereunder shall be granted without New York State Department of Environmental Conservation and United States Army Corps of Engineers approval of the maritime structure.

(5)

The seaward terminus of a fixed pier, ramp and float(s) structure shall not extend within a distance of 50 feet of any federally or locally designated channel, vessel accessway, fairway or anchorage.

(6)

No fixed pier, ramp or float(s) structure shall hinder or impede public use of the water, vessel navigation or adjacent littoral areas nor prevent lateral access along the shoreline below the MHW mark.

(7)

Float(s) may be oriented either in-line with the ramp or in an "L" or "T" configuration. No more than a total length of 40 feet of six-foot-wide floats shall be used at the terminus of the fixed pier or dock assembly.

Access structures. The following standards and regulations shall apply to the design and operation of a bulkhead wall and fixed platform access structure:

(1)

A fixed platform shall be constructed of planking that shall run perpendicular or diagonal to the frame. Planking shall be spaced with one-half-inch gaps. No solid decks shall be permitted.

(2)

A fixed platform, if greater than six feet in width, shall not cover or shade any supratidal, intertidal or tidal vegetation.

§ 124-5 Environmental protection standards for commercial marine structures.

Marinas.

(1)

Marinas shall be classified into two categories:

(a)

Private/club, directed to the social and boating activities of its members and guests.

(b)

Commercial, providing berthing space and/or interests in sales, boat repair and storage facilities.

(2)

The following standards shall apply to the design and operation of a marina:

(a)

Any new commercial marine structure shall be located on a parcel with shorefront footage having specific zoning/land use regulations to permit construction of said structure.

(b)

No marina shall extend seaward more than 200 feet in length from the MHW line.

(c)

The deck of a fixed pier shall have a maximum surface width of 72 inches. All proposed decking shall permit the passage of light and water to the area below, unless otherwise authorized by the New York State Department of Environmental Conservation.

(d)

The underside of joists supporting a fixed pier that extends seaward shall be elevated no less than four feet above mean high water.

(e)

No marina shall extend within a distance of 50 feet of any federally or locally designated channel, vessel accessway, fairway or anchorage.

(f)

No marina shall extend within 10 feet of the littoral boundary

(g)

Any proposed new commercial marina or any existing commercial marina proposing to expand or increase docking facilities or services shall be required to:

[1]

Install a marine sanitation pumpout device, so designed as to accommodate all vessels in the marina.

[2]

Install a potable water supply with proper backflow prevention.

[3]

Provide for the collection and proper disposal of domestic sewage, solid waste (garbage, trash, etc.), grease, oil and gasoline.

[4]

Provide for proper stormwater management of upland stormwater within the marina complex.

(h)

Any commercial marina permitted to dispense gasoline, diesel fuel, mixed oils and similar supplies shall maintain sufficient material for the collection and absorption of spilled petroleum products.

(i)

No float(s) shall rest on any underwater lands during ebb or mean low water (MLW) or on any intertidal, tidal or subtidal vegetation, unless otherwise authorized by the New York State Department of Environmental Conservation.

Floating platform. A floating platform(s) is a structure intended for commercial application and use pursuant to Village of Northport Code § 120-4, Freestanding floats. The following standards and regulations shall apply to the design and operation of a floating platform:

(1)

No floating platform(s) shall rest on any underwater lands during ebb or mean low water (MLW) or on any intertidal, tidal or subtidal vegetation, unless otherwise authorized by the New York State Department of Environmental Conservation.

(2)

No floating platform(s) shall hinder public or private owner use of the water, navigation or littoral areas.

(3)

No floating platform(s) shall be placed within 50 feet of any federally or locally designated navigational channel, vessel accessway, fairway or channel.

§ 124-6 Maintenance of structures.

It shall be the responsibility of the permit holder(s) and/or the property owner(s) of marine structures governed by this chapter to provide maintenance, repair and service of said structure(s). Failure to comply with this requirement shall subject the permit holder(s) and/or property owners to fines, penalties and/or other enforcement action authorized by this chapter.

§ 124-7 General requirements for applications for permits for marine conservation and regulation of marine structures.

No marine conservation and regulation of marine structures permit shall be issued or released until the nonrefundable application fees established in this chapter have been paid to the Northport Village Clerk.

§ 124-8 Computation of application fee.

An application for a marine conservation and regulation of marine structures permit shall include payment of an initial minimum nonrefundable fee in addition to a sum based upon the estimated costs of construction, dredging, and/or deposition of material, as follows.

(1)

For residential uses, the minimum fee shall be $100.

(2)

For nonresidential uses, the minimum fee shall be $500.

(3)

In addition to the minimum fee, a fee of $7 shall be charged for each $1,000 of estimated costs of construction costs, dredging and/or costs of deposition of material, or fraction thereof.

For the purposes of this section, the estimated costs of construction, dredging, and/or disposition of material shall be prepared by a professional engineer licensed by the State of New York and be submitted to the Northport Village Building Department in writing as part of the application for a marine conservation and regulation of marine structures permit set forth in this chapter.

§ 124-9 Compliance with other governmental agencies.

Where the Village of Northport has concurrent jurisdiction with other local governments and governmental agencies over proposed marine structures, primary consideration shall be given to DEC regulatory requirements. The applicant must seek a permit, variance or other relief from the Village of Northport before or concurrently with submitting an application to DEC. It is the applicant's responsibility to ensure that all involved agencies and local governments have all information necessary in order for the Village of Northport to make a decision on the respective application and that each agency and local government involved is made aware of the applicant's application to the other agency and local government involved.

§ 124-10 Effect on existing marine structures.

Any marine structure presently existing or an applicant that currently has a permit from the Village of Northport to build a marine structure prior to the effective date of this chapter shall be exempt from the requirements of this chapter.

§ 124-11 Severability.

If any clause, sentence, paragraph subdivision or other part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise be invalidated, such judgment shall not affect, impair or invalidate the remainder of the local law, and it shall be construed to have been the legislative intent to enact this local law without such unconstitutional unlawful or invalid parts therein.