A.
Erection of structures requires a village permit. No person shall construct or erect any structure in the harbor without a valid permit from the village. The issuance of any necessary permits from the federal or state government, or any other regulatory authority, does not relieve any party seeking to erect a structure from the requirements of this chapter or Chapter 155, Zoning, of the Code of the Village of Manorhaven.
B.
No structure shall be placed, nor shall any person
construct or place any structure so that it lies within the lines
of any channel, mooring area or buffer area as defined in this chapter
and shown on the Mooring Plan.
C.
Permits previously issued by the village will remain
in full force and effect.
D.
Application for permits and renewals.
(1)
Every person who shall apply for a permit to construct
or enlarge, or cause the same to be done, a structure regulated by
this chapter shall file a verified application in duplicate on forms
to be provided by the village, and shall pay the fee. The application
form shall require the applicant to state, at a minimum:
(a)
The applicant's name and address.
(b)
The applicant's status as user of the upland
immediately abutting the mean high-water mark at the place where such
structure is proposed to be constructed or maintained.
(c)
The manner in which such upland is zoned.
(d)
The exact use to which the applicant intends
to put such upland after the permit is issued.
(e)
The exact use to which the applicant intends
to put such structure after the permit is issued.
(f)
The length and width of the proposed structure.
(g)
The estimated cost of the proposed structure.
(h)
A general description of any other structures
proposed to be erected on such structure.
(i)
What is the number of off-street parking spaces required under Chapter 155, Zoning, of the Village Code for the use and how the applicant will provide for them.
(j)
Environmental assessment form. Where the application
is for new structures in waterways adjacent to upland multifamily
residential uses (including cooperative associations, condominium
associations and homeowners' associations), marine or nonmarine commercial
uses and yacht clubs, the applicant shall file an appropriate environmental
assessment form.
(2)
The village will accept copies of applications submitted
to the Army Corps of Engineers and the New York State Department of
Environmental Conservation to the extent such applications provide
the required information.
(3)
Permits issued hereunder shall be transferable. Within
six months of the transfer of title to a structure for which a permit
has been issued, the new owner shall file a change of name with the
Village Clerk. Failure to file the change of name within this period
shall result in automatic termination of the permit. In the event
that a change of name is not timely filed, a new permit application
must be submitted by the new owner(s) of the upland tract adjacent
to the structure.
E.
Permit procedure. Upon receipt of an application,
the Village Clerk shall determine if said application is complete,
and if so, shall process the application according to the following
procedures:
(1)
Residential permits.
(a)
For applications for a residential use permit,
the Superintendent of Buildings shall examine said application for
compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures. If the application and
proposed structure comply, the Superintendent of Building's decision
shall be transmitted to the Village Clerk, who shall in turn inform
the applicant by mail.
(b)
Upon approval by the Superintendent of Buildings,
the Village Clerk shall issue the original or renewal permit, provided
that all requirements have been satisfied. The Superintendent of Buildings
may impose such conditions upon the issuance of a permit which may
be reasonable and necessary to carry out the purposes of this chapter,
including the condition that an applicant post a bond adequate to
insure faithful performance of authorized construction. Should the
Superintendent of Buildings disapprove the application, the Village
Clerk shall not issue a permit, and the applicant may appeal to the
Board of Zoning and Appeals within 30 days of such denial.
(2)
Multifamily residential, marine commercial, nonmarine commercial, yacht club and perimeter reconfiguration permits, except as provided for under Chapter 155.
(a)
For applications for a permit for multifamily
residential, marine commercial, nonmarine commercial, yacht club use
or for a perimeter permit, all application materials will be presented
to the Superintendent of Buildings, who shall examine the application
for compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures. Upon the completion of
such review, the Superintendent of Buildings shall transfer the application
to the appropriate Village Board for site plan review.
(b)
Upon approval by the Village Board of Trustees,
the Village Clerk shall issue the appropriate permit.
F.
Reconfiguration perimeter permit. A permit issued
for a dock, pier and ramp shall contain a reconfiguration perimeter
condition that will allow the reconfiguration of a number, widths,
lengths and location of the docks, piles and ramps within the perimeter
of the proposed docking facility, provided that:
(1)
All configurations remain within the dock perimeter
as shown on the attached plans, including ensuring that there is a
minimum of a ten-foot offset from the federal channel for any dock
perpendicular thereto or 15 feet for any dock parallel thereto;
(2)
No additional boat slips are created beyond those
authorized and approved as a result of the permits;
(3)
No dredging activities are undertaken beyond those
which are authorized and approved as a result of this permit without
the proper regulatory approvals;
(4)
No excavation, bulkheading and/or filling activities
are undertaken without the proper regulatory approvals;
(5)
No change in functional use of the docking facilities
can be taken without the proper regulatory approvals (e.g., a floating
structure shall not be converted to fixed deck); and
(6)
The applicant is in compliance with any other permit
issued by the Army Corps of Engineers or Department of Environmental
Conservation.
G.
Maintenance of structures. The permittee who shall
erect, cause to be erected or maintain any structure pursuant to this
chapter shall keep such structure in good repair and condition at
all times so that it will not become a menace to navigation, to persons
using the same or to the environment. Upon finding that there is reasonable
cause to believe that such permittee has failed to comply with this
section, the Superintendent of Buildings may declare the structure
unsafe for use and require repair within 30 days. If after 30 days
the permittee has not complied with the order of Superintendent of
Buildings and the Superintendent of Buildings has not extended the
period for compliance, then the permittee will be subject to the penalties
as provided for in this chapter. If after 90 days from the Superintendent
of Building's order a permittee has not complied, then the Village
Board of Trustees may revoke the permit after a public hearing on
notice mailed to permittee's and the upland owner's last known address
at least 10 days prior to such hearing, and order the permittee or
the owner of the upland to repair or remove such structure in a period
of time not to exceed 30 days. Such order may authorize the removal
of such structure by the village after the expiration of this period,
in which case the cost of removal shall be charged to such permittee,
or the owner of the upland, or both. No permit or certificate for
a structure issued pursuant to this chapter shall be deemed as a warrant
of the integrity, safety or engineering and design of any structure,
and no one shall place reliance on any permit, certificate or representation
of the village concerning any aspect of the structure.
H.
Standards. No structure shall be constructed, erected,
enlarged, installed, altered or improved unless it shall comply with
the following standards:
(1)
General standards.
(a)
No structure shall be permitted if it would
unreasonably impede, obstruct or interfere with navigation, the rights
of adjoining owners or the public use of or passage along the foreshore
or the waterway, or harmfully affect the environment.
(b)
Except as provided under Subsection H(3), no structure, vessel or combination thereof shall be permitted to project into the waterway a distance greater than required to reach navigable water depth, or to a length exceeding 100 feet, whichever is less.
(c)
No structure or vessels shall extend within
a distance of 50 feet of any federally designated channel, vessel
accessway, fairway or anchorage, except where a legally existing marine
commercial use or yacht club can establish that the existence of such
structures or placement of such vessels will not impede the safety
of marine traffic in the designated channel, vessel accessway, fairway
or anchorage and that such structures or placement of such vessels
existed in their present form as of October 1, 1991.
(d)
Notwithstanding the fact that a proposed residential
structure shall not comply with this chapter in any respect, the Board
of Zoning and Appeals may direct that such permit be issued if it
shall find that compliance with this chapter in such respect will
create practical difficulties or unnecessary hardships, or if it shall
find that the proposed structure is in the public interest.
(2)
Structures in waterways.
(a)
All structures shall be constructed in accordance
with generally accepted engineering and design standards.
(b)
All fixed docks shall provide:
[1]
An avenue for clear passage in the land area
crossed by the dock at mean low tide. Such an avenue shall be created
by providing an area below the dock with a clearance of at least six
feet, by providing a means of access across the main body of the dock
itself, or by providing a clearly marked path across the upland immediately
adjacent to the dock, which will serve the same purpose. All fixed
docks lawfully existing prior to the effective date of this chapter
must comply with this provision within 12 months of the effective
date of this chapter.
[2]
A minimum of three feet and a maximum of eight feet above mean high water as defined by the Datum Plane, and a maximum freeway clearance of two feet, except as provided for in Subsection H(2)(b)[1].
(c)
The location, design and use of any structure
in the waterway shall be compatible with this chapter and, if the
upland property is within the enforcement jurisdiction of the village,
with the zoning regulations of the village as well as with all other
applicable public health laws and other applicable requirements, and
shall conform to the generally accepted standards of construction
for the prevention of fire hazards.
(d)
No structure in a waterway shall be permitted
unless it shall be water-dependent and, except in the case of bulkheads,
used solely for the purpose of gaining access to a waterway for commerce,
navigation, fishing or recreation.
(e)
Any structure within a waterway utilized in
connection with adjacent premises shall be the minimum necessary to
meet the upland use.
(f)
With respect to residential or multifamily residential
permits, no vessel slip shall be hired out or used on a seasonal or
permanent basis for dockage use by persons not actually residing at
the premises. Such use of a vessel slip shall constitute a violation
of this chapter.
(g)
Except as provided under Subsection H(3)(c), there shall be no more than one dock or floating dock per lot or lot group with less than 75 feet of shoreline frontage. One additional dock or floating dock shall be allowed for each additional 75 feet of shoreline frontage. Docks and floats shall be straight, "E," "F," "L," "T" or "U" shaped and shall extend at right angles to the shoreline where practicable.
(h)
Except as provided under Subsection H(3)(c), the number of slips permitted shall not be greater than two per upland residential parcel.
(i)
No slip, dock, float, vessel or combination
thereof shall encroach upon the portion of the waterway adjacent to
the fifteen-foot side yards on either side of the said uplands boundary
as it extends offshore.
(j)
Except as provided under Subsection H(3)(c), docks for all purposes are limited to a maximum width of six feet for a residential permit and 10 feet for all other permits.
(k)
The top horizontal board (wale) of any bulkhead
installed pursuant to this chapter shall be at a minimum level necessary
to meet the purpose for which the bulkhead is being constructed, and
shall in any event not be higher than six feet above mean high sea
level as defined in the Datum Plane unless a certified engineering
report is submitted showing that a height in excess of six feet is
required for public safety reasons. All bulkheads shall also comply
with generally accepted standards of marine construction.
(l)
All structures shall be composed only of materials
which, in the judgment of the Superintendent of Buildings, will have
no adverse effects on the environment or water quality.
(m)
Lighting on any structure must be of a type
which will not be confused with navigation lighting, must meet United
States Coast Guard standards and must not produce offensive glare
when viewed from land or water.
(3)
Additional provisions for structures adjacent to multifamily
residential, marine commercial, nonmarine commercial and yacht club
uses.
(a)
The Village Board of Trustees may permit a specific number, configuration, width and length of docks, floats or slips other than what would be allowed under Subsection H(2), where the applicant can demonstrate that the proposed design or additional number of docks, floats or slips is needed to accommodate the associated use.
(b)
The permissible number, configuration and width
of docks, floats and slips shall be determined by considering the
location, limiting natural features of the site, demonstrated need
for such structures, effect on navigation, infringement on public
lands and compliance with the other sections of this chapter. No structure,
vessel or combination thereof shall unreasonably impede the public's
use, benefit or enjoyment of publicly owned shorefront and underwater
lands. Where, in the judgment of the Village Board of Trustees, impairment
of the public's use and enjoyment of such publicly owned areas cannot
be avoided, the upland owner may be required to afford to the public
a reasonable and convenient means of access over or around the structure.
(c)
Any new docking facilities, slips or moorings
or expansion or increase in existing docking facilities, slips or
moorings for marine commercial, multiple residential and yacht club
uses shall be required to:
[1]
Demonstrate that sufficient marine sanitation
pumpout capacity exists or that a satisfactory alternative approved
by the Village Board of Trustees is available, so as to accomplish
the removal of sanitary wastes from all vessels associated with the
use; and
[2]
Provide for the collection and proper disposal
of solid waste (garbage, trash, etc.), grease, oil and gasoline.
(d)
In areas adjacent to multifamily residential
or nonmarine commercial uses, in no case shall more than two docks
be permitted per 100 feet of shoreline frontage. For multifamily residential
uses, in no case shall there be more than one boat slip or mooring
per residential unit.
(e)
Any use permitted to dispense gasoline, diesel
fuel, mixed fuels, engine oils and similar supplies shall show compliance
with all federal and state laws dealing with oil spill prevention.
(f)
In addition to the requirements specified under
this section, the following shall apply for docks, floats or slips
adjacent to nonmarine commercial uses:
[1]
The docks or slips are limited to short-term
transient use and shall be designated as the same, except for vessels
owned by the adjacent upland owner;
[2]
The area associated with the dock or slip may
be used only as a means of vessel access to the upland use or for
public access. The area shall not be used for any activity or use
which is not water dependent.
A.
No person shall lay mooring tackle or moor a vessel
within the harbor without an appropriate mooring permit.
B.
The location of mooring perimeter fields and individual
moorings within the village mooring area and residential moorings
shall be identified on the Village Mooring Plan by the Waterways Committee
and approved by the Village Board annually. The location of specific
moorings within a perimeter for which the village has approved a perimeter
permit will be set forth on a plan provided to the village by the
permit holder.
A.
Permit process.
(1)
Any person desiring to procure an individual mooring
permit for tackle and buoy shall file with the Village Clerk a written
application upon a form furnished by the village or the Town of North
Hempstead. Such application shall state the name, type, length and
registration number, if any, of the vessel. An application for an
individual mooring permit shall also include the name of the owner
or lessee or charterer, if any, together with such proof of ownership
or right to use of the vessel as the village or the Town of North
Hempstead may require. A company making such application shall designate
a living person as its representative. The annual administrative fee
shall be set by resolution of the Board of Trustees and shall accompany
the application.
(2)
Only one individual mooring permit shall be issued
to any person. Applicant must have legal registration for the vessel
(if such is required), or where no registration is required, a description
of the vessel and a notarized statement of the applicant swearing
ownership of the vessel.
(3)
The Board of Trustees has the authority to approve
or deny each application for a permit.
(4)
Mooring tackle and buoy permits shall be issued only
to the owner, lessee or charterer of the vessel to be moored.
(5)
An individual permit shall be issued upon the payment
of an annual administrative fee as determined by resolution of the
Board of Trustees for a vessel moored offshore, irrespective of where
moored.
(6)
Each vessel shall be measured from bow to stem on
a center line over the deck.
(7)
There shall be a charge as determined by resolution
of the Board of Trustees for the issuance of a duplicate decal to
replace a lost or misplaced decal.
(8)
Requests for a new mooring tackle and buoy permit
may be obtained from and approved by the village at any time, specifying
the type and size of the vessel for which the mooring tackle and buoys
are requested. After February 5, the last date for filing applications
for renewal of mooring tackle and buoy permits, applications for new
permits will be forwarded to those persons who have requested the
same as space is available for the type and size of vessel for which
mooring tackle and buoy space has been requested. Within the limits
of type and size of vessel, priority will be given in the forwarding
of applications for permits in the order in which requests for such
permits have been filed with the village.
(9)
Only one mooring tackle or buoy space shall be allotted
to any one vessel.
(10)
The permittee must demonstrate that he has legal
access to his vessel from a point of land located in Manorhaven.
B.
Display of permit. The issuance of an individual mooring
permit shall be evidenced by a decal. The mooring tackle and buoy
permit decal issued pursuant to this chapter shall be conspicuously
displayed on the exterior port side of said vessel, and only on the
particular vessel for which an application is on file.
C.
Transfer of permit.
(1)
Individual mooring permits are not transferable or
assignable from person to person or vessel to vessel, except as herein
provided. Subject to the consent of the Waterways Committee and upon
payment of a fee as determined by resolution of the Board of Trustees,
the holder of a permit may exchange such permit with the holder of
another permit so as to allow an exchange of locations between such
two holders within the same mooring perimeter or area. The holder
of a permit may substitute another vessel of which such holder is
the owner, lessee or charterer for the vessel originally specified
in such mooring tackle and buoy permit, provided that the Waterways
Committee approves such substitution upon written application therefor.
(2)
In the event that the holder of an individual mooring
permit sells his vessel while the permit is still in force, he shall
immediately notify the village and the Town of North Hempstead in
writing. The party holding such individual mooring permit shall cause
the decal to be removed prior to the vessel's delivery to the purchaser.
(3)
It is a violation of this chapter for any person issued
a permit or decal to transfer or cause to be transferred such permit
or decal to any other person or vessel. This violation shall apply
to both the person so transferring and person so receiving or benefiting
from the transfer.
D.
Renewal of permit. The applicant shall file with the
village a renewal application for such a permit on or before February
5 of the year for which the permit is to be effective. The village
reserves the right to reassign space based upon availability and size
of vessels within the Village Mooring Area. The prescribed fee for
the renewal of the necessary permit shall be paid at the time the
application is filed. In the event that any permit holder fails to
file a renewal application with the village by 5:00 p.m. of the last
business day on or before March 15 of the year in question, said party
must make a new application for such permit.
A.
Marine commercial, nonmarine commercial, multifamily
residential uses (including cooperative associations, condominium
associations and homeowners' associations), not-for-profit associations
and yacht clubs that own property along the shore of the Village of
Manorhaven must apply for perimeter permits, which will establish
a zone within which a fixed number of moorings may be placed.
B.
Applications for perimeter mooring permits may be
obtained from the village or the Town of North Hempstead. The application
shall include, at a minimum, the following information:
(1)
The name and address, and in the cases of corporations,
associations, clubs or the like, the name and address of a contact
person.
(2)
A description of the applicant's business, commercial
or recreational purposes, including the number of members if a yacht
club or association or cooperative, condominium or homeowners' association,
and the services provided if a marine commercial or noncommercial
use.
(3)
A description of any upland parcel utilized in connection
with the mooring perimeter, including proof of compliance of the upland
parcel with all applicable parking regulations and requirements of
the Village of Manorhaven.
(4)
A description of how access to moored vessels will
be provided.
(5)
Proof of compliance with all applicable pumpout and
trash disposal requirements.
(6)
A map, drawn to scale, showing the proposed mooring
perimeter, the number of moorings and the area within a five-hundred-foot
radius of the zone.
(7)
The type of mooring and mooring tackle to be used.
(8)
The ownership of the upland immediately adjacent to
the mooring perimeter.
C.
Standards.
(1)
All mooring perimeters must be designed to allow vessels
to enter and exit safely. There must also be appropriate distance
between moorings to keep moored vessels from colliding, said distance
to be dependent on accepted standards for the type of mooring equipment
installed.
(2)
All moorings within a zone must bear an easily identifiable
mark as approved by the Waterways Committee.
(3)
All mooring perimeters shall be located so as not
to interfere with the free flow of vessels to and from designated
boat launching areas.
(4)
No mooring perimeter may be established within a designated
channel, fairway or seaplane landing area.
(5)
Each mooring zone shall have a maximum number of moorings
which may be placed within it. While fewer than the approved number
of moorings may be placed, at no time may the maximum be exceeded.
Within the perimeter, mooring locations may be moved.
(6)
All moorings that are part of a perimeter permit issued
to a yacht club may be used only by members of said club and may not
be leased, traded, swapped, loaned or in any way utilized by nonmembers.
However, each club may set aside no more than 10 moorings as guest
moorings, to be utilized by visiting vessels for a period not to exceed
10 days. The application for the perimeter permit must indicate how
many guest moorings will be established, if any. These moorings shall
be visibly marked in accordance with standards to be established by
the Waterways Committee.
(7)
No yacht club may request more moorings within its
perimeter than a number equal to the number of vessels owned by the
club's members plus 10. No multifamily residential use may request
more moorings within its perimeter than a number equal to the vessels
owned by the residents, with each residential unit being eligible
for only one mooring of a vessel owned by that resident and maintained
within the designated mooring field. The total number of moorings
within the perimeter of the multifamily residential use will not exceed
the total number of residential units.
(8)
Perimeter mooring permits issued to marine, commercial
clubs, multifamily residential and nonmarine commercial users shall
be limited to a zone adjacent to the upland, unless the village approves
a mooring perimeter to be established elsewhere.
(9)
The holders of perimeter permits shall record the
location and names, length, draft, beam and type of all vessels moored
in its area. The position of each mooring shall be noted upon a map
or chart, which shall be available for inspection at all times by
the village or the Town of North Hempstead. Said chart shall be updated
as often as necessary to maintain its accuracy.
(10)
The holders of perimeter permits shall keep
on record with the village and the Town of North Hempstead the name,
address and phone number of both a primary and secondary contact person.
The village and the Town of North Hempstead must be notified within
30 days when either contact person is changed.
(11)
Holders of perimeter permits shall pay a fee
for the perimeter permit itself and also an annual fee determined
by the number of moorings within the perimeter. Such fees shall be
determined by the Board of Trustees. Holders of perimeter permits
shall annually update plans with the village and the Town of North
Hempstead, indicating any change in the number of moorings requested
for their perimeter. Permit holders may also request changes during
the season, filing the appropriate forms along with the appropriate
fees.
D.
Review procedure for commercial mooring perimeter
permits. Upon receipt of a complete permit application and appropriate
documentation, the village shall review the permit application. A
permit will be issued within 60 days from the filing of a complete
application, including fees.
E.
Criteria for consideration of commercial mooring perimeter
permits. The Board of Trustees shall approve with conditions or disapprove
an application for a commercial mooring perimeter permit. The approval,
approval with conditions, or disapproval of any application for a
mooring perimeter permit shall be by the majority vote of the Board
of Trustees members present, using as a guide the following criteria:
(2)
Specific criteria. The permit shall be denied if:
(a)
The proposal does not provide adequate fairways
for access to and from open waters.
(b)
The proposed permit is determined to be inconsistent
with the policies and purposes of the Local Waterfront Revitalization
Program of the Village of Manorhaven and the Harbor Management Plan
contained within it.
(c)
The proposal would result in a significant adverse
environmental impact.
(d)
Failure to provide adequate upland parking as required by Chapter 155, Zoning; if the number of vessels to be accommodated in the mooring perimeter field does not exceed the demonstrated number of vessels accommodated at the facility as of the effective date of this chapter, no additional parking is required. If the number of vessels is increased, parking must be increased to meet the needs of those additional vessels as specified in Chapter 155, Zoning.
F.
Duration and revocation. Mooring perimeter permits
issued in the year 1999 shall have the duration of one year terminating
on April 1, 2000. A mooring perimeter permit, upon approval, issued
in the year 2000 shall remain in effect for three years and may be
renewed as of right thereafter for additional three-year terms, provided
that the village has not revoked the permit upon a determination that
the permittee has failed to comply with the terms and conditions of
the permit and that there has been no change in ownership of the marina
or other entity to whom the permit was issued. No mooring perimeter
permit shall be revoked unless the village shall have served the holder
of the perimeter with a written notice of the manner in which the
holder has violated the terms and conditions of that permit. If the
permittee fails to cure those violations within 10 days of that written
notice, then the village may revoke the mooring perimeter permit after
a public hearing conducted not less than 10 days after service of
written notice of such hearing. Notice under this section shall be
served upon the holder of the perimeter permit personally or by certified
mail, return receipt requested, at the last known address of said
holder of the perimeter permit. Service of the notice shall be effective
upon mailing.