Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[Added 6-17-1993 [1]]
[1]:
Editor's Note: This ordinance also repealed former Art. IV, Establishment of Planned Unit Development Districts, which consisted of §§ 225-23 through 225-33, as amended.
This chapter shall be administered and enforced by the Commissioner of Public Works in accordance herewith.
No dock, berthing or mooring shall be erected, located, moved or structurally altered until a permit for such dock installation, location or alteration shall have been issued by the Town of Webster in accordance with the provisions hereof. Prior to the issuance of a dock permit, a dock plan shall be submitted to the Planning Board for its review pursuant to this article.
[Amended 5-16-1996]
The Planning Board of the Town of Webster shall possess dock plan review authority. The Planning Board, in accordance with the provisions of § 274-a of the New York State Town Law and § 46-a of the New York State Navigation Law, shall have the authority to review and approve dock plans accessory or incidental to or included with the following uses, as defined in Chapter 225 of the Town Code, of the adjacent littoral parcel prior to the issuance of any dock building permits:
A. 
A single-family detached dwelling, multiple-family dwelling or townhouse dwelling.
B. 
Public parks, playgrounds or similar public, recreational uses authorized or operated by a public agency and not operated for profit.
C. 
Parks, playgrounds or other similar private recreational uses authorized or operated by a homeowners' association comprised of owners of single-family detached dwellings, multiple-family dwellings or townhouse dwellings and not operated for profit.
D. 
Municipally owned and/or operated buildings or structures and other governmental uses and activities.
E. 
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, or other similar uses.
F. 
Restaurants, yacht clubs, hotels, stores, shops or other similar uses.
G. 
Marinas, docking basins, boat launching ramps, mooring facilities, boat service, repair or storage facilities.
H. 
Public utility buildings or structures.
I. 
Combinations of permitted principal uses.
J. 
Other uses not enumerated above upon a finding of the Planning Board that review of such dock plan will further the enunciated purposes of this chapter.
K. 
In the case of a dock plan accessory or incidental to or included with development of four or fewer dwelling units, the Planning Board of the Town of Webster, upon preapplication sketch plan conference, may direct that the application proceed under the direction of the Department of Public Works for development consistent with the provisions of this chapter.
A. 
Preapplication sketch plan conference.
(1) 
At the time of application for preliminary dock plan approval, the applicant shall first have a sketch plan conference with the Town Planning Board. The sketch plan conference and all further procedures under this article may or may not proceed in conjunction with the site plan approval process involved in development of the adjacent littoral parcel, at the option of the applicant. The sketch plan conference shall be conducted at a regularly scheduled meeting of the Town Planning Board but shall not be a public hearing. It shall, however, be noticed in a newspaper of general circulation. The purpose of the sketch plan conference shall be to present to the Town Planning Board, for initial review, discussion and comment, a design concept or plan for the development of dockage on Irondequoit Bay. During the conference, the applicant and the Planning Board shall review and discuss the basic dock design concept and generally determine the information to be required and provided on the preliminary dock plan. No formal action shall be taken on the plan or the application at the time of the sketch plan conference. At such a conference, the applicant should provide a written statement outlining the proposed project, along with a conceptual design sketch and the following information:
(a) 
The general location of the docks with respect to the location of the dockage envelope, and dockage setbacks.
(b) 
Specific identifications of all existing docks and moorings within 200 feet of the proposed dockage.
(c) 
Identification of internal boat traffic circulation patterns of the proposed dock development.
(d) 
Identification of existing zoning classification(s) of the adjacent littoral property and any restrictions on land use of the site.
(e) 
Identification of existing natural features on the shoreline of the adjacent littoral parcel of neighboring parcels within 200 feet on either side of the parcel.
B. 
Application for preliminary dock plan approval. All preliminary applications for dock plan approval shall be made in writing on the appropriate forms and shall include the following:
(1) 
A map prepared by a licensed engineer or surveyor, certified by the seal and signature of such engineer or surveyor containing the following information:
(a) 
A drawing title block indicating the name and address of applicant and person responsible for preparing such drawing.
(b) 
The North arrow, scale, original date and last revision date for all maps.
(c) 
An area or location map showing the dockage envelope and specific location of all proposed docks, berthings or moorings to be located therein.
(d) 
Dimensions of the dockage envelope and the total size.
(e) 
The size of the surface area of the proposed dockage with reference, in linear feet, to the width and length of each dock, berthing and mooring.
(f) 
The current zoning of the adjacent littoral parcel.
(g) 
Identification of existing natural features on the shorelines of the adjacent littoral parcel and neighboring parcels within 1,000 feet on either side of the parcel. This may be reduced to 200 feet upon a finding of the Planning Board that the application is minor and does not require the larger distance.
(h) 
The traffic circulation patterns for all boat traffic in the proposed development.
(i) 
The location, design and nature of any structures to be situated on the shore or waterfront area accessory to the use of the proposed docks or designed to service and users of said docks.
(j) 
The location, design and construction of any lighting systems or security systems to be located on the proposed docks.
(k) 
An identification of all additional town, county, state and federal permits, variances, grants and/or other approvals that are necessary in order to complete the project as proposed.
(l) 
An identification of all state and federal wetland and buffer areas and coastal erosion hazard areas.
(2) 
Appropriate fees to cover the costs of processing the application for preliminary dock plan approval shall accompany the application and shall be paid to the Town Clerk upon filing with the Town Planning Board. Such fees shall be established by the Town Board by resolution, may from time to time be changed by the Board and shall not be refundable.
(3) 
A letter of intent, prepared by the applicant or his designated representative or agent, shall accompany the preliminary dock plan application and shall include a statement outlining the proposed construction, the project builder or contractor (if known), a proposed construction schedule, the principals involved in the financing of the project and any other information deemed necessary by the Town Department of Public Works.
C. 
Planning Board review of preliminary dock plan. The Town Planning Board's review of a preliminary dock plan application shall include but shall not be limited to the following considerations:
(1) 
The adequacy and arrangement of dockage facilities proposed, the location and design of such structures, control of boat traffic and overall convenience and safety in the site.
(2) 
The adequacy of the design elements of the plan to enhance the aesthetic aspects of the project.
(3) 
The adequacy, location and design of accessory and service facilities for dock users.
(4) 
The location, arrangements, size and design of lighting, signage and other incidental systems.
(5) 
The proposed construction scheduling or phasing of the project and its relationship to overall project design.
(6) 
General project conformance with accepted planning, engineering and site design standards and criteria.
(7) 
The adequacy of provisions for access to the shore zone from the dockage or mooring.
(8) 
The aesthetic and architectural qualities of the proposed dockage, particularly building styles and construction materials used, as they relate to any unique characteristics of the surrounding natural environment.
(9) 
The effect upon unique natural resources, potential conflicts with other water surface uses, fish and wildlife habitat and aquatic vegetation on the site.
D. 
Planning Board action on preliminary dock plan.
(1) 
The Town Planning Board shall conduct a public hearing on the proposed preliminary dock plan. Such public hearing shall be conducted within 45 days of the date of receipt of the applicant for preliminary dock plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days prior to the public hearing. The applicant shall make reasonable efforts to notify by mail all property owners within 500 feet of the littoral property involved in the preliminary application of the time, date and place of said public hearing at least five days prior to such meeting, such property owners being those identified on the most recent tax rolls.
(2) 
Prior to the approval of any dock application by the Town Planning Board, the Town Department of Public Works shall review such application and make recommendations to the Board concerning the project. Such recommendations shall include an identification of any variances required for the project and/or possible problems with the general dock plan design, layouts, setbacks, boat circulation and other site design, environmental problems or concerns. Such recommendations may also include possible alternative design solutions. The Town Department of Public Works shall be responsible for coordinating all other Town permit procedures necessary for any given dock development, including the Town environmental quality review process.
(3) 
The Town Planning Board shall be responsible for referring, as necessary or required, any dock development project to the various governmental departments or agencies mandated by law to consider dock development projects prior to any final action being taken by the Planning Board on the application.
(4) 
Within 62 days of the receipt of an application for preliminary dock plan approval, the Town Planning Board shall act on it. If no decision to deny such an application is made within said sixty-two-day period, and upon completion of all other requirements by the applicant, the preliminary dock plan shall be considered approved. The sixty-two-day time limit for action on the preliminary dock plan may be extended by the mutual consent or agreement of the Town Planning Board and the applicant or upon a finding that further information is necessary to adequately assess the application. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary dock plan is approved, disapproved or approved with conditions. The Planning Board may incorporate a statement of findings into the decision.
(5) 
The Town Planning Board may approve an application for dock plan review when, based on the information presented at the public hearing, it has determined that the project will adequately and appropriately address the considerations and criteria listed above. The Town Planning Board may place reasonable restrictions or stipulations on such applications in order to ensure that the project will adequately and appropriately address the considerations and criteria listed above.
(6) 
The Planning Board's decision shall refer to a specific dock plan drawing by date and number and may include recommendations of desirable modifications to be incorporated into the final plan. Conformance with said modifications shall be considered a condition of project approval. If the preliminary dock plan is disapproved, the Planning Board's decision shall clearly state the reasons for such denial. In such case, the Planning Board may recommend further study of the dock plan and resubmission to the Board after it has been revised or redesigned consistent with the reasons for denial.
E. 
Application for final dock plan approval.
(1) 
After receiving preliminary approval, with or without modifications, from the Planning Board on a preliminary dock plan and approval for all necessary permits from state and county officials, the applicant may prepare a final detailed plan and submit it to the Planning Board for approval. The hearing upon the final plan shall be noticed in a newspaper of general circulation. If more than six months has elapsed since the time of the Planning Board's action on the preliminary dock plan or if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary dock plan and an additional public hearing for further review prior to accepting the proposed final dock plan for review.
(2) 
The final detailed dock plan shall conform substantially to the preliminary dock plan that has received preliminary dock plan approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. In addition to that provided elsewhere in this chapter, the Planning Board may require a letter of credit, bond or maintenance bond for any facility or improvement that is indicated as part of the plan. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(3) 
In addition to final detailed dock plans, the following additional information shall accompany an application for final site plan approval:
(a) 
A record of application for and approval status of all necessary permits from town, county, state and federal departments or agencies and satisfactory evidence that all necessary permits have been or will be received.
(b) 
An estimated project construction schedule.
(c) 
Submission of evidence of firm financial commitments for project construction and permanent financing for completion of the project.
(d) 
Any other information or data deemed necessary by the Town Department of Public Works and/or Town Planning Board.
(4) 
There shall be no additional fee required for review of an application for final dock plan approval. Such review shall take place at a regularly scheduled meeting for the Town Planning Board but shall not require a public hearing.
(5) 
If the final detailed dock plan is substantially different from the approved preliminary plan, then the applicant shall present any modifications to the Planning Board as a preliminary dock plan in accordance with the approval procedures found in this section. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the Planning Board resolution which approved the preliminary dock plan. If a negative decision is reached, the dock plan shall be considered to be disapproved.
F. 
Planning Board action on final dock plan.
(1) 
Within 62 days of receipt of the application for final dock plan approval, the Planning Board shall notify the Town Department of Public Works of its decision. If no decision is made within the sixty-two-day period, and upon the applicant's completion of requirements to be met, the final dock plan shall be considered approved. However, the sixty-two-day time period may be extended by mutual consent of the Town Planning Board and the applicant or upon a finding that further information is necessary to asses adequately the application. The Planning Board's decision shall clearly refer to a specific dock plan by drawing number and date.
(2) 
Upon approval of the final dock plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final dock plan and shall forward such copy to the Town Department of Public Works. Upon disapproval of a final dock plan, the Planning Board shall so inform the Department of Public Works and Department of Public Works shall deny a dock permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval or approval. The Planning Board approval of a final dock plan shall expire after one year from the date of such decision, unless a permit has been taken out within such time period for work indicated on the final plan and dock development and/or construction has begun as determined by the Town Planning Board. An application for preliminary or final dock plan approval that has been denied by the Town Planning Board may not be resubmitted to the Board for a period of one year from the date of such decision unless such plan has been changed or revised to reflect the concerns and recommendations of the Planning Board indicated in its notice of denial.
(3) 
In taking action on applications for final dock plan approval, the Town Planning Board shall ensure that, to the maximum extent possible, the minimum requirements of the Town Dock Ordinance have been met. The Town Planning Board may impose additional restrictions or conditions on applications for final dock plan approval beyond the general requirements of the Town Dock Ordinance but within the scope and authority of this section, if it determines that such restrictions or conditions are necessary to ensure project conformance with generally accepted planning, engineering and design standards and criteria or to minimize the project's adverse impact on adjacent uses and other physical and environmental features or are directly related to the health, safety or general welfare of the community. Such additional restrictions or conditions shall be in the form of a resolution of approval to be signed by the applicant as a condition of final dock plan approval.
The Board may take any one of the following actions on an application of preliminary or final dock plan review:
A. 
Approval. The application is given approval as presented.
B. 
Approval with modifications or conditions. The application is given approval subject to certain modifications being made in the plan that will be shown on the dock plan or conditions in the resolution of approval.
C. 
Disapproval. The application is denied based upon reasons stated in the decision. The failure to receive approval upon a motion for approval or approval with modifications or conditions shall constitute disapproval of the application. The Planning Board may reconsider an application if substantial changes are made in the site plan. A new application fee for the Planning Board is required and the additional public hearing is required if and when the new plans are submitted.
D. 
Reserved decision. Further action on an application for dock plan approval is postponed pending receipt of additional information or data.
E. 
Tabled. The preliminary site plan hearing is postponed pending receipt of additional information, appearance of applicant or a representative, etc.
Dimensional standards for residential uses shall be as follows:
A. 
No dock associated with lots used for single-family detached dwellings, multiple dwellings or townhouse buildings shall be constructed so as to extend offshore for more than 200 feet from the mean low water line.
B. 
In case of littoral parcels bounding a shoreline which is substantially parallel to the center line of the bay, docks shall be located in the area fixed by projection of the property lines bayward at right angles from the center line of the bay. This projection as it intersects with the two-hundred-foot boundary on the bayward side and the mean low water line shall be known as the "dockage envelope." In the case of littoral parcels bounding areas of the shoreline which are not substantially parallel to the center line of the bay, said areas being designated upon a map of the Irondequoit Bay waters, duly filed with the Town Clerk of the Town of Webster, docks shall be located as stated below:
(1) 
In the case of littoral parcels bounding the northern cove and Devil's Cove, as designated on said map, docks shall be located in areas fixed by the projection of the property line bayward at right angles from the center line of the cove. This projection as it intersects with the two-hundred-foot boundary or the center line of the cove, whichever is less, on the bayward side and the mean low water line shall be known as the "dockage envelope." In the case where the line intersects the center line of the cove, a lane of navigability must be maintained.
(2) 
In the case of all other littoral parcels bounding areas of the shoreline not substantially parallel to the center line of the bay, as designated on said map, docks shall be located in an areas fixed by the projection of the property line bayward toward a point that bisects a line drawn across the mouth of the cove. This projection as it intersects with the two-hundred-foot boundary or the center point of the line drawn across the mouth of the cove, whichever is less, on the bayward side and the mean low water line shall be known as the "dockage envelope." In the case where the envelopes intersect, a lane of navigability must be maintained.
C. 
The surface width of any dock or berthing shall not be greater than eight feet nor less than two feet.
D. 
The number and length of docks permitted per each littoral lot used for single-family detached dwellings, or multiple-family dwellings or townhouse units, shall not exceed that necessary to provide one boat slip per dwelling unit and only as is reasonably necessary to provide access to navigable water.
E. 
The number and length of docks, berthings or moorings within each dockage envelope shall be fixed by the Planning Board with due regard given to the following factors:
(1) 
Environmental features of the adjacent littoral parcel.
(2) 
The effect upon existing uses of neighboring littoral parcels.
(3) 
The navigability of the area encompassed by and adjacent to the dockage envelope and water depth in the dockage envelope.
(4) 
The type and size of the vessels expected to be berthed thereon.
(5) 
The level of development existing or proposed on the adjacent littoral parcel.
(6) 
The extent of available support, service and parking facilities located on the adjacent littoral parcel necessary for utilization of the proposed dockage.
F. 
Every dock, berthing or mooring that is constructed shall have a minimum setback of 10 feet from the dockage envelope side lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels.
G. 
Boat hoists shall not exceed 18 feet in height measured from the water level to the highest point of the structure. Hoists shall be designed and constructed solely for the storage of boats and related equipment and shall be seasonal only.
Dimensional standards for marinas, yacht clubs, etc. shall be as follows:
A. 
No dock shall be constructed so as to extend offshore for more than 200 feet from the mean low water line.
B. 
In case of littoral parcels bounding a shoreline which is substantially parallel to the center line of the bay, docks shall be located in the area fixed by projection of the property lines bayward at right angles from the center line of the bay. This projection as it intersects with the two-hundred-foot boundary on the bayward side and the mean low water line shall be known as the "dockage envelope." In the case of littoral parcels bounding areas of the shoreline which are not substantially parallel to the center line of the bay, said areas being designated upon a map of the Irondequoit Bay waters, duly filed with the Town Clerk of the Town of Webster, docks shall be located as stated below:
(1) 
In the case of littoral parcels bounding the northern cove and Devil's Cove, as designated on said map, docks shall be located in areas fixed by the projection of the property line bayward at right angles from the center line of the cove. This projection as it intersects with the two-hundred-foot boundary or the center line of the cove, whichever is less, on the bayward side and the mean low water line shall be known as the "dockage envelope." In the case where the line intersects the center line of the cove, a lane of navigability must be maintained.
(2) 
In the case of all other littoral parcels bounding areas of the shoreline not substantially parallel to the center line of the bay, as designated on said map, docks shall be located in areas fixed by the projection of the property line bayward toward a point that bisects a line drawn across the mouth of the cove. This projection, as it intersects with the two-hundred-foot boundary or the center point of the line drawn across the mouth of the cove, whichever is less, on the bayward side and the mean low water line, shall be known as the "dockage envelope." In the case where the envelopes intersect, a lane of navigability must be maintained.
C. 
The surface width of any dock or berthing shall not be greater than eight feet nor less than two feet.
D. 
Every dock, berthing or mooring that is constructed shall have a minimum setback of 10 feet from the dockage envelope side lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels.
E. 
The number and length of docks, berthings or moorings within each dockage envelope shall be fixed by the Planning Board with due regard given to the following factors:
(1) 
Environmental features of the adjacent littoral parcel.
(2) 
The effect upon existing uses of neighboring littoral parcels.
(3) 
The navigability of the area encompassed by and adjacent to the dockage envelope and the water depth in the dockage envelope.
(4) 
The type and size of the vessels expected to be berthed thereon.
(5) 
The level of development existing or proposed on the adjacent littoral parcel.
(6) 
The extent of available support, service and parking facilities located on the adjacent littoral parcel necessary for utilization of the proposed dockage.
F. 
Boat hoists shall not exceed 18 feet in height measured from the water level to the highest point of the structure. Hoists shall be designed and constructed solely for the storage of boats and related equipment and shall be seasonal only. Boathouses or other permanent on-water storage facilities shall not be permitted.
G. 
To minimize coverage of the bay waters by dockage and mooring, development of dry-storage marinas shall be encouraged.
H. 
Marina dockage shall be designed to minimize adverse impacts upon navigation, maximize public use of bay waters and protect sensitive environmental features of the bay.
Performance standards for all dockage shall be as follows:
A. 
The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures and facilities shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation.
B. 
All docks and berthings shall be constructed of sturdy, durable and stable material capable of maintaining position and location, supporting pedestrian traffic and resisting lateral loads.
C. 
Lighting of the surface of any dock or mooring shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land. Back-lighting of structures or directing light toward the shore should be used.
D. 
Docks that are 100 feet or longer shall, during the hours of darkness, be required to be lighted in such a manner so as to not constitute a hazard to navigation.
E. 
Aeration devices or bubblers shall be required to be lighted or designated in a manner so as not to constitute a hazard to those utilizing and bay waters when frozen over.
F. 
No dock, berthing or mooring shall be constructed unless designed to withstand forces of lowing water and wave washes.
G. 
Moorings shall be located or constructed so as not to cause any vessel or floating craft affixed thereto to be situated outside of the dockage envelope of the adjacent littoral parcel.
H. 
Treated lumber, when used for the construction of docks, shall be of the sealed, nonleaching type.
I. 
Docks shall be constructed so as only to permit them to be readily removed from their pilings.
J. 
No owners of the adjacent littoral parcel shall fail to completely remove any dock components which are abandoned or fall into disuse.
K. 
Moorings shall be permitted to the owner of an adjoining littoral parcel only in the dockage envelope applicable to said adjoining littoral parcel.
Should an applicant seek relief from the application of any of the provisions of this article, or variance therefrom, the Planning Board shall issue a recommendation of approval, disapproval or no opinion to the Town Board of Town of Webster regarding the application, basing the recommendation on its customary planning concerns and consideration, which such recommendation shall be advisory only.
A. 
The Webster Town Board is hereby designated as the hearing board for appeals and variances in connection with this article. The Webster Town Board shall be responsible for hearing and rendering decisions regarding appeals and variance to this article.
B. 
Where a person seeks relief from a decision of the Town Planning Board regarding any provision of this article, including permits, waivers, approvals, matters of interpretation of this article, or variances from the application of this article, that person may request reconsideration of the Town Planning Board's decision by appealing to the Webster Town Board, in writing, within 15 days of the Town Planning Board's final decision. The appeal or request for variance shall state the reasons why relief is sought and what decision the person feels should be forthcoming. A copy of the appeal shall be transmitted to the office of the Town Planning Board. Upon giving not less than 10 nor more than 20 business days' notice to the persons interested, a public hearing shall be held. The Town Board may, after such hearing, by a majority vote, affirm, annul or modify the action of the Town Planning Board or grant or deny the request for a variance. The decision of the Town Board shall be in writing, and a copy shall be mailed to the applicant within seven business days after the conclusion of the hearing, and any decisions made shall be final. Further recourse shall be through established legal procedures.
C. 
In passing upon such applications for variances, the Webster Town Board shall consider that:
(1) 
There are unique physical conditions or exceptional topographical or other physical conditions and that, as a result of such unique physical conditions, practical difficulties arise in complying strictly with the provisions of this chapter and that the alleged practical difficulties are not due to circumstances created generally by the strict application of this chapter.
(2) 
The practical difficulties claimed as a ground for a variance have not been created by the owner or by a predecessor in title.
(3) 
Within the intent and purpose of this chapter the variance, if granted, is the minimum variance necessary to afford relief, and to this end the Board may permit a lesser variance than that applied for.
D. 
The provisions of this section shall be applied to this article only.