[Adopted 3-17-2012 by L.L. No. 2-2012]
This article shall be entitled "Navigation, Surface Water Use
and Mooring Regulations of 2012 of the Incorporated Village of Dering
Harbor."
Pursuant to ยงย 10 of the Municipal Home Rule Law, the
Village Law and Zoning regulations and the Navigation Law of the State
of New York, the Incorporated Village of Dering Harbor, County of
Suffolk and State of New York, hereby enacts by this Local Law of
2012, a local law of the Incorporated Village of Dering Harbor.
This article shall take effect on the filing of the approved
local law with the Secretary of State of New York, which shall be
within 20 days after its approval by the Board of Trustees of the
Incorporated Village of Dering Harbor.
As used in this article, the following terms shall have the
meanings indicated:
DOCK or PIER
A fixed structure to which a craft or vessel can be made
fast or tied or attached.
EXISTING APPROVED MOORING
A mooring which is existing at the time of the enactment
of this article and has been approved by the Village of Dering Harbor
and the Town of Shelter Island.
EXISTING NONAPPROVED MOORING
A mooring which is existing at the time of the enactment
of this article and which has not been approved by the Village of
Dering Harbor and or the Town of Shelter Island as of the date of
the enactment of this article.
JURISDICTION OF THE VILLAGE
The maximum area, over the waters surrounding the Incorporated
Village of Dering Harbor, including areas outside the Village of Dering
Harbor, within 1,500 feet of the mean low-water mark of the shoreline
of the Village, over which the Village of Dering Harbor may exercise
jurisdiction, pursuant to the Village Law, and the Navigation Law,
and any other applicable laws of the State of New York.
MOORING
A place where or an object to which a craft or vessel can
be made fast. Excluded from the definition of a mooring is a dock.
PROPERTY OWNER
Any owner of real property in the Village of Dering Harbor.
RESIDENT
An individual who maintains a residence within the Village
of Dering Harbor.
VILLAGE BOUNDARIES
The Village boundaries are the limits of the territory of
the Village of Dering Harbor as established in its incorporation.
VILLAGE TERRITORY
All land and water area within the boundaries of the Village
of Dering Harbor as established in its incorporation and as indicated
on the Official Map or description of the Village as adopted at the
time of the incorporation of the Village of Dering Harbor.
VILLAGE WATERWAYS COMMISSIONER
An individual to be appointed by the Mayor and approved by
the Board of Trustees whose duty it shall be to ensure the enforcement
of this article.
The area over which the Village of Dering Harbor shall exercise
jurisdiction pursuant to this article, and to which this article shall
apply, shall include the area of the waters surrounding the Village
of Dering Harbor that are within 1,500 feet of the mean high-water
mark of the shoreline surrounding the Village of Dering Harbor, as
provided under the Navigation Law, Village Law, and any other applicable
laws and regulations of the State of New York.
All persons, entities or other parties mooring a craft or vessel
within the limits, boundaries, and territory of the Village of Dering
Harbor, or within 1,500 feet of the mean high-water mark of the shoreline
surrounding the Village of Dering Harbor, as described and determined
by this article and the Navigation Law, are hereby required to obtain
a mooring permit from the Village of Dering Harbor, and no craft or
vessel shall be moored within 1,500 feet of the mean high-water mark
of the shoreline of the Village of Dering Harbor without first obtaining
a Village of Dering Harbor mooring permit.
The moorings approved by the Village of Dering Harbor shall
be located at locations, including distance and density, as determined
by the Village of Dering Harbor Waterways Commissioner pursuant to
this article. The Village of Dering Harbor Waterways Commissioner
shall follow the provisions of the Chapman guide to mooring or such
other resources as the Waterways Commissioner may deem to be authoritative
as to the placement of moorings where applicable.
In the event that a person holding a mooring permit transfers
or sells the craft or vessel for which the permit was being used the
following shall apply:
A.ย In the event that a person holding a mooring permit sells or intends
to sell the craft or vessel for which the mooring was used, and the
person holding the permit is purchasing another craft or vessel for
which he wants to use the mooring site, that person shall file an
application for a new permit from the Village of Dering Harbor Waterways
Commissioner for the new craft or vessel which the person has purchased
in order to be eligible to continue to use the mooring for the craft
or vessel which they are acquiring or have acquired.
B.ย Written notice of the change and an application for the new permit
shall be provided to the Village of Dering Harbor Waterways Commissioner
pursuant to its regulations, and approval of the application must
be granted prior to using the mooring for the new craft or vessel.
The Village of Dering Harbor Waterways Commissioner shall have the
right to reject the use of the mooring by the new craft or vessel,
or relocate the mooring, if for good cause or as it deems, within
its discretion, for same to be within the best interests of the Village
of Dering Harbor and its residents.
C.ย In the event that the person in whose name a mooring permit was held
sells or transfers the craft or vessel for which they have obtained
the permit, and is not acquiring another craft or vessel for which
that person wishes to use the mooring, or does not file an application
for a permit to use the mooring for another craft or vessel at that
location, the mooring permit which the person had shall be void as
of the next May 1, following the date of the transfer of the craft
or vessel, and the permit holder shall have no further rights to a
permit at that location as of that date.
Mooring permits shall only be granted by the Village of Dering
Harbor to noncommercial crafts and vessels. Mooring permits will not
be granted to commercial crafts and vessels, or barges, platforms
or other types of commercial craft or vessel, and the mooring or anchoring
of commercial crafts and vessels, or barges, platforms or other type
of commercial craft or vessel within the limits boundaries and areas
of jurisdiction of the Village of Dering Harbor will be prohibited.
The owners of those previously approved moorings shall have
30 days from the date of the enactment of this article, or such later
time as the Waterways Commissioner of the Village of Dering Harbor
shall determine, to complete and file the necessary required documents
for a new mooring permit with the Village of Dering Harbor Waterways
Commissioner in order to have the prior approval of the mooring be
deemed approved under this article.
The Village of Dering Harbor Waterways Commissioner shall reserve
the right to terminate, move, eliminate, or refuse to extend or renew
any existing previously approved mooring which is deemed to be in
conflict with this article, its intent or purpose or the interests
of the Village of Dering Harbor.
This article shall be enforced by the Board of Trustees of the
Dering Harbor the Village of Dering Harbor Waterways Commissioner,
and such other entities to which such responsibility and authority
may be delegated or assigned by the Village of Dering Harbor. The
enforcement of this article shall be both by the violation provisions
hereunder, and any other civil remedies that may be available to the
Village of Dering Harbor. The Village of Dering Harbor may commence
a civil action in order to obtain compliance with one or more sections
of this article and the owner of the vessel, property, dock or mooring
shall be liable to the Village of Dering Harbor for its costs and
expenses and reasonable legal fees. The election by the Village of
Dering Harbor to commence a civil action in order to enforce or obtain
compliance with this article shall not be a waiver of or preclude
the right of the Village to any other remedy available to the Village.
In the event that any portion or portions of this article shall
be determined to be invalid or unenforceable for any reason, the remainder
of this article and its provisions shall remain in full force and
effect.