A Local Law Prohibiting Transient Anchoring and Living on Boats at Docks

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RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING THE NAVIGATION, SURFACE WATER USE AND MOORING REGULATIONS OF 2012 PROHIBITING TRANSIENT ANCHORING AND LIVING ON BOATS AT DOCKS

             RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, April 13, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “Local Law amending the Navigation, Surface Water Use and Mooring Regulations of 2012 prohibiting transient anchoring and living on boats at docks.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending the Navigation, Surface Water Use and Mooring Regulations of 2012 prohibiting transient anchoring and living on boats at docks.”

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Legislative Intent.  The Navigation, Surface Water Use and Mooring Regulations of 2012 refer to transient anchorage and mooring in areas designated by the Waterways Commissioner.  To assure compliance with these regulations, the Board of Trustees desire to make the designation of such areas more discernible to residents and transients.  This local law will add definitions for a mooring or mooring device (noun), moor (verb) and anchor/anchoring (verb) and require the designation of the areas where anchoring and mooring may take place as specifically shown on a chart duly adopted by resolution of the Board of Trustees of the Village of Dering Harbor and amended from time to time.

The Board of Trustees find that living on boats attached to docks presents potential life and safety issues as well as increases environmental impacts to the Village resources, particularly where there is no reliable form of sewage disposal.  Therefore, this local law will add a prohibition that no person shall live on a boat, craft, vessel or any other floating structure attached to a dock.

Section 2.  Amendment.  Sections 1.1 Title, 1.2 Enactment and 1.3 Effective Date, are hereby amended by deleting strikethrough words and adding underlined words as follows:

            1.1 Title.  This Local Law shall be entitled, “Navigation, Surface Water Use and Mooring Regulations of 2011 of the Incorporated Village of Dering Harbor.”

            1.2 Enactment.  Pursuant to Section 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.

            1.3. Effective Date.  This local law shall take effect on the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the board of trustees of the Incorporated Village of Dering Harbor.

 Section 3.  Amendment.  Section 2.1 Definitions, is hereby amended by deleting strikethrough words and adding underlined words as follows:

2.1 Definitions.

  1. Mooring or Mooring Device: A mooring for purposes of this local law is a place where or an object to which a craft or vessel can be made fast.  Excluded from this definition of a mooring is a dock.  A permanent or semi-permanent anchoring device and its associated tackle, such as chains, buoys and other equipment, other than a common anchor, manufactured and used specifically for the permanent or semi-permanent mooring of a boats, craft or vessel.  A dock shall not be considered to be a mooring.
  2. Moor: The attachment of, or to attach, a boat, craft or vessel to the ground or bottom of a water body 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 control of the boat or vessel or its operator.

P  Anchor or Anchoring:  The attachment of, or to attach, a boat, craft or vessel to the ground or bottom of a water body by means of tackle so designed that, when such attachment is terminated, the tackle in its entirety is removed from the ground or bottom and taken under control of the boat or vessel. 

Section 4.  Amendment.  Section 2.2 B.is hereby amended by deleting strikethrough words and adding underlined words as follows:

2.2 B. Transient Anchorage and Mooring  Anchoring 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 Board of Trustees.

  1. No anchoring at any time.  No person shall anchor a boat, craft or vessel in the portion of Dering Harbor within the jurisdiction of the Village of Dering Harbor west and south of Dering Point as  specifically shown on a chart duly adopted by resolution of the Board of Trustees of the Village of Dering Harbor and amended from time to time.
  2. Permitted Anchoring.  A boat, craft or vessel may be anchored in the portion of Greenport Harbor within the jurisdiction of the Village of Dering Harbor northwest, north and east of Dering Point as specifically shown on a chart duly adopted by resolution of the Board of Trustees of the Village of Dering Harbor and amended from time to time, provided that no boat, craft or vessel so anchored that it at any time rests within a channel or interferes with the full use of the channel or creates any     hazard to navigation, and is not within 100 feet of any dock, pier, mooring or other boat docking facilities, or within 200 feet of the shoreline.
  3. Transient anchoring not permitted.  In no case shall a boat, craft or vessel remain anchored in the waters within the jurisdiction of the Village of Dering Harbor for a period longer than 48 hours in any 72 hour period.
  4. Mooring.  No person shall place a mooring or moor a boat, craft or vessel in the waters within the jurisdiction of the Village of Dering Harbor unless a permit is obtained pursuant to this law.  Moorings shall only be permitted within the areas specifically shown on a chart duly adopted by   resolution of the Board of Trustees of the Village of Dering Harbor and amended from time to time.
  5. Exceptions.  The provisions of this section shall not apply in the case of an emergency, and then only for the reasonable duration necessary to effect repairs or remedy the emergency.  The provisions of this section shall not apply to boats, crafts, or vessels engaged in lessons, regatta or other supporting sailing functions duly sponsored by the Shelter Island Yacht Club.

 Section 5.  Amendment.  Section 4.0 is hereby amended by deleting strikethrough words and adding underlined words as follows:

4.0  Docks and Piers and Docking in the Village of Dering Harbor

4.1 Requirements for Docks and Piers.

  1. 1. There shall be not more than one dock or pier per property.
  2. No vessel may be placed as a dock which in the determination of the Commissioner or Board of  Trustees will create a nuisance or 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 its size or type of vessel.
  3. No property owner 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.
  4. 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.
  5. No person shall live on a boat, craft, vessel or any other floating structure attached to a dock.

Section 6.  Authority.  The proposed local law is enacted pursuant to Village Law §4-412, Navigation Law, and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e) (3).

Section 7.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 8.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at 9:00 a.m. prevailing time on Saturday, April 13, 2019 at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “Local Law amending the Navigation, Surface Water Use and Mooring Regulations of 2012 prohibiting transient anchoring and living on boats at docks.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

 

 

Category: Draft Legislation