§ 96-17. Permit requirements and procedures for Tier 2 and Tier 3 seasonal and permanent docking and mooring and associated facilities.

A. 

A uniform docks and mooring permit is required for all Tier 2 and Tier 3 seasonal and permanent docking, mooring and associated facilities. The permit shall be issued by the enforcement officer only upon receipt of site plan approval from the Planning Board.

B. 

A uniform docks and mooring permit issued for a seasonal Tier 2 or Tier 3 docking and mooring facility does not need to be reissued each time the facility is reinstalled, provided that such facility is installed each year and is in compliance with the original approval, and any conditions made thereto.

C. 

Only the adjoining parcel owner, or his or her authorized agent, may submit a uniform docks and mooring permit application to the enforcement officer.

D. 

The Town shall specify the form and content of the application for the uniform docks and mooring permit and site plan. At a minimum, the site plan shall:

(1) 

Be prepared by a New York State registered architect, landscape architect, engineer or surveyor in accordance with New York State Education Law;

(2) 

Be drawn to scale showing any existing and proposed docking and mooring and associated facilities and indicate which are seasonal or permanent;

(3) 

Include the name, address, parcel boundaries and tax map number of the adjoining parcel, the lineal feet of shoreline, the facility area lines, the mean high water tie line, elevation of the lake bottom, and required and proposed setbacks; and

(4) 

All necessary design details and information related to the project.

E. 

In addition to other content required, the application shall include the following statements: "I hereby certify that all owners in any existing or proposed docking or mooring facility related to this property have been notified of this application. The requirements and limitations of the Docking and Mooring Local Law are applicable to all parties who have a property interest in the adjoining parcel. The applicant is advised that failure to notify any party with a property interest in said parcel may affect any rights granted as a result of application and process."

F. 

The enforcement officer shall require any necessary documentation for delineation of the facility area lines and any existing and/or proposed structures associated with the application and its review.

G. 

Docking facilities and structures shall comply with the standards established in the Americans with Disabilities Act of 1990 (ADA), 42 U.S. Code, Chapter 126, as amended. Where dimensional requirements are greater in this chapter than in the ADA, the greater requirement shall apply.

Editor's Note: See 42 U.S.C. § 12101 et seq.