This chapter shall be cited as the "Waterways
Law of the Village of Manorhaven."
Manhasset Bay is an important and intensely
used area that supports a wide range of public and private in-water
uses, including recreational and commercial boating, mooring areas,
recreational fishing and swimming, boat yards and marinas, and yacht
and beach clubs. The Village of Manorhaven finds that in accordance
with the contents of the Local Waterfront Revitalization Program and
Harbor Master Plan, in order to allocate and manage the safe and efficient
use of the harbor and waters and to allocate adequate space for these
uses, the Code of the Village of Manorhaven should be amended to implement
a Waterways Law for the Village of Manorhaven. This Waterways Law
is an interim measure to the completion of a Harbor Management Plan
for all of Manhasset Bay and will be reviewed upon completion of such
plan by the Town of North Hempstead, the Incorporated Village of Manorhaven
and all other involved municipalities and agencies. Mooring permits
of any type granted under this chapter shall not give the recipient
any vested right or privilege or preference when the Harbor Management
Plan for all of Manhasset Bay becomes effective, and shall expire
upon the effective date of such Harbor Management Plan.
This chapter is adopted pursuant to Article
42 of the Executive Law, § 46-a of Article 4 of the Navigation
Law, § 10 of the Municipal Home Rule Law, and Article 4
of the New York State Constitution.[1]
[1]
Editor's Note: Section II of L.L. No. 4-1999 adopting this Ch. 151 stated as follows: "This local law shall become effective upon receipt of any approvals which may be required pursuant to § 46-a of the Navigation Law of the State of New York, and upon approval of the Village's Local Waterfront Revitalization Program pursuant to Article 42 of the Executive Law, and upon filing in the office of the Secretary of State."
A.
Except when prohibited by reason of laws of the United
States, the following rules and regulations shall apply to all waters
within the Incorporated Village of Manorhaven and to all waters bounding
the village to a distance of 1,500 feet from the shore of the village,
except as limited by an Intermunicipal Agreement between the Town
of North Hempstead and the Village of Manorhaven.
B.
All applicable provisions of the Navigation Law of
New York, the inland rules enacted by Congress governing the navigation
of the inland waters of the United States and the pilot rules for
the United States inland waters, relative to the rules for vessels
passing each other, as to lights on vessels and other banners consistent
with the proper use and operation of vessels, shall be complied with
by all vessels.
The operation and mooring of vessels in the
Village of Manorhaven, and the safe and efficient use of space within
the portion of Manhasset Bay subject to Village jurisdiction and regulation,
being a matter affecting the public interest, is and should be subject
to the regulatory, supervisory and administrative controls hereinafter
set forth. The purpose of this chapter is to:
A.
Establish standards, requirements and procedures for
the safe and sanitary operation of vessels, certain aspects of the
use and management of marine structures, mooring of vessels, and regulation
of matters relevant to safety, sanitation and environmental conservation
of the Village of Manorhaven; and
B.
Implement a plan to be known as the "Mooring Plan"
for the use of surface waters and underwater lands within those portions
of Manhasset Bay under the jurisdiction of the Incorporated Village
of Manorhaven, pending completion of a Harbor Management Plan for
Manhasset Bay.
[Added 6-7-2000 by L.L. No. 3-2000]
A.
Establishment; membership; terms; vacancies.
(1)
There is established a Waterways Committee of five
members pursuant to the provisions of the Village Law.
(2)
The five members shall be appointed by the Mayor,
subject to approval of the Board of Trustees, for terms of five years
each, except for initial appointments. Initial appointments by the
Board of Trustees shall be as follows: one member shall be appointed
for a term expiring in July 2001 at the organizing meeting, one member
shall be appointed for a term expiring in July 2002 at the organizing
meeting, one member shall be appointed for a term expiring in July
2003 at the organizing meeting, one member shall be appointed for
a term expiring in July 2004 at the organizing meeting and one member
shall be appointed for a term expiring in July 2005 at the organizing
meeting.
[Amended 4-25-2001 by L.L. No. 8-2001]
(3)
The Mayor shall appoint a chairperson of the Waterways
Committee from among its members. In addition to the appointed members,
the Mayor shall designate a member of the Board of Trustees, ex-officio,
as a member of the Committee.
[Amended 4-25-2001 by L.L. No. 8-2001]
(4)
The membership of the Committee shall be distributed
as follows: Two members shall represent the commercial marina operators
on Manhasset Isle and Orchard Beach; one member shall represent the
yacht clubs and civic associations with riparian usage; and two members
shall represent the village and shall be residents thereof.
[Amended 4-25-2001 by L.L. No. 8-2001]
(5)
All members must be residents of or be employed in
a marine-dependent business located in the Incorporated Village of
Manorhaven.
(6)
One member shall be appointed annually by the Mayor,
subject to approval of the Board of Trustees, to act as liasion to
the Town of North Hempstead Waterfront Advisory Commission (TNHWAC).
The full Committee will appoint a second liaison. One appointed member
must be present at all TNHWAC meetings.
[Amended 4-25-2001 by L.L. No. 8-2001]
(7)
A vacancy occurring by resignation or failure to fulfill the requirements of Subsection A(5) hereof shall be filled for the balance of the unexpired term by appointment of the Mayor, subject to approval of the Board of Trustees, consistent with the requirements of Subsection A(4) hereof.
[Amended 4-25-2001 by L.L. No. 8-2001]
(8)
Members must attend two-thirds of all Committee meetings.
Any member failing to attend two-thirds of all Committee meetings
within a calendar year may be replaced by the Mayor, subject to approval
of the Board of Trustees, for the balance of the applicable term.
[Amended 4-25-2001 by L.L. No. 8-2001]
B.
Powers and duties.
(1)
The Committee shall draw up the Mooring Plan, designate location of individual moorings within the Village Mooring Area, advise on related issues and have other powers as specifically set forth in Chapter 151, Waterways, of the Village Code.
(2)
The Committee shall provide a forum for discussion
of all issues relating to the waterfront and waterways and shall advise
and recommend to the Board on all such issues.
(3)
In order to carry out these duties, the Committee
can call upon experts to attend meetings and provide information as
needed to help the Committee to collect data in order to make its
recommendations to the Village Board of Trustees.
(4)
All recommendations shall be made in writing.
C.
Selection of officers; quorum; meetings and agendas.
(1)
The full membership; the full membership of the Committee
shall elect a Vice Chair to act as the Chair in the Chair's absence
and a Secretary to keep the minutes.
[Amended 4-25-2001 by L.L. No. 8-2001]
(2)
Meetings of the Committee shall require a quorum of
three voting members, including the Chair or Vice Chair, in order
to conduct Committee business. Minutes shall be kept and all meetings
shall be open to the public.
(3)
Meetings shall be called by the Chair, or by a majority
of the voting members. The Secretary shall have the responsibility
to notify the members of meetings in a timely fashion. Agenda items
for said meetings should be submitted to and compiled by the Chair
in advance of the meeting.
As used in this chapter, the following terms
shall have the meanings stated after each such term:
An area ten feet 10 wide immediately adjacent to the outside
lines of channels, basins and mooring areas; and an area 25 feet wide
immediately adjacent to public swimming areas, as shown on the Mooring
Plan.
Any structure, except a building, positioned either parallel
to or perpendicular to the shore, the primary function of which is
to retain soil or other material from eroding into a waterway or to
protect the land from wave damage.
A federally or locally designated navigation access way in
the harbor as shown on the Mooring Plan or on United States National
Oceanic and Atmospheric Administration (NOAA) charts.
One providing a mooring for hire in conjunction with a marine
commercial use.
The mean sea level or average height of the sea in accordance
with Nassau County datum.
Any permanent or seasonal structure extending over the water's
surface, except a building, connected to a bulkhead or the upland,
which is designed to secure vessels and provide access from the shore
to a body of water. The term includes the terms "wharves," "piers,"
"fixed docks," "floating docks" or "floats."
An area in the harbor, other than a federally or locally
designated channel, used as an open accessway between marine structures
or designated channels, buffer areas and mooring areas. The fairway
will not be less than 15 feet. Fairways are designated on the Mooring
Plan.
Mooring used in event of fire or other emergency to secure
a vessel.
A dock that is generally anchored on pilings to the underwater
land and allows for the flow of water beneath a decking.
Any structure, buoyant on the water's surface, extending
seaward affixed and secured in place to the shore, a bulkhead or a
dock, the purpose of which is to berth and secure vessels and provide
a means of access to and from the shore. The term "float" includes
a floating dock.
A mooring space to be used on a temporary basis by a guest.
Any vessel owned by a person who does not hold a current
mooring permit issued by the Village of Manorhaven, which vessel is
temporarily moored as provided in this chapter.
All waters, inlets, bays and coves, including the area between
the mean high- and mean low-water mark, within or bounding the village
to a distance of 1,500 feet from the shore, as such waters are designated
on the Mooring Plan of the Village of Manorhaven or in an Intermunicipal
Agreement between the Town of North Hempstead and the Village of Manorhaven.
A permit issued to the owner, lessee or charterer of an individual
vessel, permitting it to be moored at a specific location within an
area prescribed on the Mooring Plan.
Any garbage, refuse or rubbish, and other waste material,
above or below the surface.
A dock or a commercial mooring area, operated for profit
and to which public patronage is invited, providing mooring or docking
facilities for boats or vessels within the area of the Village of
Manorhaven.
A use permitted by § 155-18 in the Commercial Marine (C-1) District.
To attach a vessel to a pier or dock or any other structure
or to the ground or lands underwater by means of tackle so designed
that, when such attachment is terminated, some portion of the tackle
remains below the surface of the water and is not under the control
of the vessel or its operator.
The attachment of a vessel to a pier or dock or any other
structure or the attachment to underwater land by means of a mooring
tackle so designed that, when such attachment is terminated, some
portion of the tackle remains attached to the underwater land and
is not taken under the control of the vessel. Mooring tackle attached
to underwater lands does not constitute a structure.
[Amended 10-21-2003 by L.L. No. 5-2003]
Areas designated by the Village of Manorhaven shown on the
Mooring Plan that are reserved specifically for the mooring of vessels.
A pole or post secured to the underwater land protruding
above the water's surface.
A chart adopted by the Village of Manorhaven identifying
the use of surface waters of the village subject to the village's
jurisdiction.
The hardware used to secure a vessel at mooring.
Three or more dwelling units in one building or an organization
such as a cooperative association, a condominium association or a
homeowners' or civic association.
A waterway having a depth of at least four feet at mean low
water as defined by the Nassau County Datum Plane.
A commercial land use other than permitted under § 155-18, Commercial Marine (C-1) District.
The in-water boundary of an area consisting of a series of
connected lines on a plan, map, other diagram or chart drawn generally
perpendicular and parallel to the shore or the lines of designating
channels that encompasses all related structures (e.g., docks, bulkheads,
pilings, piers, floats, platforms, moorings) that function together
to create an area at which vessels may be docked or moored and serving
as a component of an upland facility or use. "Dock perimeter" is the
same as "perimeter."
A permit issued for use within a prescribed boundary.
Permit that would allow the reconfiguration of the number,
widths, lengths and location of the docks, piles and ramps within
the perimeter of a docking facility.
A written authorization to conduct an activity regulated
by this chapter.
Any individual, partnership, corporation, association or
any other legal entity.
An individual or grouping of poles or posts, secured to underwater
land, protruding above the water's surface, the sole purpose of which
is to secure a dock(s), float(s) or other such structures. The pile
or spile should be considered ancillary to the structure(s).
A horizontal surface structure which extends out from land
adjacent to a waterway and cantilevered or held in place by pilings,
designed to gain access to a ramp or float.
A structure used to gain access from a bulkhead, fixed dock
or platform to a float.
The time between April 1 and November 30 of the same calendar
year, unless otherwise specifically designated in this chapter.
The line of the shore depicted at mean low water and further
defined by 19 NYCRR Part 603.
The berthing place for a single vessel alongside the shore,
dock or structural installation.
The speed of a vessel as measured in slack water and statute
miles.
Anything affixed to or placed upon the Manhasset Bay bottom,
including but not limited to a pier, wharf, dock, bulkhead, jetty
or groin, but excluding mooring tackle.
[Amended 10-21-2003 by L.L. No. 5-2003]
A permit issued by the Superintendent of Buildings of the
Village of Manorhaven for the new construction of not previously existing
docks and other marine structures.
Any structure buoyant on the water's surface and moored to
the bottom, used for swimming, diving, snorkeling, scuba diving and
other related activities.
Every description of watercraft used or capable of being
used as a means of transportation over the water.
A mooring area maintained by the Village of Manorhaven for
individual mooring permit holders.
Any structure in or over the waterway, utilized in connection
with a water-dependent use.
An activity or use requiring direct access to water which
can be conducted only on, in, over or adjacent to village waterways,
which involves, as an integral part of the such activity, the use
of waterways and which therefore cannot be located inland.
A committee appointed by the Village Board of Trustees to
draw up the Mooring Plan, designate locations of individual moorings
within the Village Mooring Area, advise on related issues and have
other powers as specifically set forth in this chapter.
Any not-for-profit membership-based organization whose primary
purpose is facilitation of boating and boating-related activities
by its members.
