[HISTORY: Adopted by the Board of Trustees of the Village
of Dering Harbor as indicated in article histories. Amendments noted
where applicable.]
[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 § 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.
A.
Purpose. The purpose of this article is:
(1)
To promote and protect the public safety and welfare of the residents
of the Village of Dering Harbor, their guests, and the visitors to
the Village; and
(2)
To preserve the environment of the Village of Dering Harbor, including
the environmentally sensitive areas within the limits, boundaries
and territory of the Dering Harbor, and of the areas adjoining or
surrounding those areas and within the jurisdiction of the Village,
including the turbidity and quality of the waters in and surrounding
the Village of Dering Harbor, and their bottoms; and
(3)
To preserve the quality and value of property in the Village and
the ability of the property owners, residents and guests to enjoy
the safe use of their property and the aesthetic assets of the Village
of Dering Harbor by regulating the surface water use, moorings and
docks in the waters in and surrounding the Village of Dering Harbor.
B.
Intent. The intent of this article is to establish surface water
use regulations for the Village of Dering Harbor which will regulate
the use of the surface waters within the boundaries and jurisdiction
of the Village, including, but not limited to, the number and density
of mooring sites, vehicle speed and docks within the limits, boundaries
and jurisdiction of the Village of Dering Harbor.
As used in this article, the following terms shall have the
meanings indicated:
A boat or personal watercraft.
A fixed structure to which a craft or vessel can be made
fast or tied or attached.
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.
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.
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.
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.
The Municipal Home Rule Law of the State of New York.
The Navigation Law of the State of New York Law.
Any owner of real property in the Village of Dering Harbor.
An individual who maintains a residence within the Village
of Dering Harbor.
The Village boundaries are the limits of the territory of
the Village of Dering Harbor as established in its incorporation.
The Village Law of the State of New York.
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.
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.
A.
Restrictions on the speed of boats. All boats within a distance of
500 feet of the mean high-water mark shall be operated at a speed
of less than five knots, and so as not to create a wake of any kind,
and shall not be operated within 200 feet of any bathing or other
similar use of the waters, and in accordance with such other regulations
as may be from time to time promulgated by the Board of Trustees of
the Village of Dering Harbor.
B.
Transient anchorage and mooring. Transient anchorage and mooring
shall only be permitted in the areas designated by the Village Waterways
Commissioner as same may be appointed by the Mayor or the Board of
Trustees.
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.
A.
Applications for a mooring permit shall be submitted to the Village
of Dering Harbor Waterways Commissioner, as appointed by the Mayor
and approved by the Board of Trustees of the Village, and such other
persons or professionals as the Mayor or Commissioner shall appoint.
B.
An application shall be submitted to the Waterways Commissioner of
the Village of Dering Harbor in such form and shall be accompanied
by such documents and fee as the Board of Trustees of the Village
of Dering Harbor or the Village of Dering Harbor Waterways Commissioner
shall hereinafter, or from time to time, establish or require.
C.
The Village of Dering Harbor Waterways Commissioner, within 10 days
after receiving an application from a qualified party for a mooring
permit, shall either accept the application as duly filed, or return
the application to the applicant as deficient, with a statement in
writing stating the reason as to that determination.
D.
For all applications that the Village of Dering Harbor Waterways
Commissioner shall deem to be complete and duly filed, the Commissioner
shall make a determination as to whether the application should be
approved, based on such factors as the proposed location of the mooring,
the size of the craft or vessel to be moored, potential for creating
a hazard or danger to navigation or other vessels, aesthetic and environmental
considerations or factors, and any other considerations or factors
as the Village of Dering Harbor Waterways Commissioner may deem relevant,
and whether as established by this article, or other laws and regulations
of the Village of Dering Harbor or the State of New York, a mooring
can be established at the selected location.
E.
The Village of Dering Harbor Waterways Commissioner may, at its discretion,
maintain a waiting list for either moorings or sites for moorings,
or both, based on demand and availability of same and the regulation
of same. Any such list shall be a public record within the Village,
and may be subject to such change or review as the Village of Dering
Harbor Waterways Commissioner shall deem appropriate or in the best
interests of the Village.
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.
A.
Only property owners or residents of the Village of Dering Harbor,
as defined in this article, shall be entitled to a mooring permit
within the area that is within 1,500 feet of the mean low-water mark
along the shorelines of the Village.
B.
A mooring permit shall only be held by the person in whose name the
craft or vessel which uses that mooring is registered, and only for
the craft or vessel for which the permit was issued. In the event
that the craft or vessel is owned by a corporation or other entity,
the party or parties in interest in the ownership of the corporation
or entity must be the same as the party or parties in interest in
the ownership of the mooring permit.
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.
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.
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.
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.
A.
The owners of moorings which exist within the limits, boundaries,
and jurisdiction of the Village of Dering Harbor, and which have been
previously duly approved by the Village, shall be required to file
such forms as the Commissioner shall require in order to have new
mooring permits issued to them.
B.
All other moorings existing within the limits, boundaries and jurisdiction
of the Village of Dering Harbor at the time of the adoption of this
article shall be removed within 30 days of the date of the adoption
of this article. In the event that any such mooring is not removed
as required, the mooring shall constitute a violation of this article
and subject the owner of the mooring to the penalties and fines and
other action set forth herein and by the laws and regulations of the
Village of Dering Harbor and the State of New York, and the removal
of the mooring at the cost and expense of the owner of the mooring
or the owner of any vessel that is or may have been using the mooring.
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.
A.
There shall be not more than one dock or pier per property.
B.
No vessel may be placed at a dock which, in the determination of
the Commissioner or the Board of Trustees, will create a nuisance
or a hazard to navigation or public safety or which will be a detriment
to the aesthetics of the environment or will have a negative impact
on the neighboring properties or community due to the size or type
of the vessel.
C.
No property owners may share a dock with any other property owner
or individual. An owner of a dock may not share, rent, sublet, or
sell or allow rights in a dock to any other owner, individual or entity.
D.
There shall be no commercial vessel, barge or platform using a dock
for loading, docking or any other purpose in 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.
A.
Every violation of this article of the Village of Dering shall be
subject to a fine of not more than $5,000, per offense or violation,
and, for purposes of this article and provision, each and every day
that a violation of this article should exist shall be a separate
violation of this article.
B.
The party and or vessel or boat that shall be in violation of this
article shall be subject, at the option and discretion of the Village
of Dering Harbor, or an appropriate body or officer of the Village,
to the seizure of the craft or vessel that may be moored without a
permit hereunder, or that is otherwise in violation hereof, and the
removal and seizure of any mooring that is not approved, with the
costs of same including storage and other charges, to be assessed
to by the Village of Dering Harbor to the owner of the craft, dock,
mooring or vessel.
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.
