§ 96-5. Definitions.

For the purposes of this chapter, the following definitions apply:

ADJOINING PARCEL

A parcel of land encompassing the mean high water mark of Canandaigua Lake.

ADJOINING PARCEL OWNER

The owner of record of the adjoining parcel.

ADJOINING ZONING DISTRICT(S)

The zoning district(s) established by the municipality that is applicable to the adjoining parcel.

APPENDAGE

The portion of the dock that is attached to the main walkway.

ASSOCIATED FACILITIES

Boathouses, boat accessory structures, boat stations, boat hoists and boat hoist structures.

BERTH

See "boat slip."

BOAT

Any vessel, floating craft or personal watercraft which utilizes a docking or mooring facility, including but not limited to canoes, rowboats, kayaks, sailboards, aircraft and other small boats or personal watercraft as defined in New York State Navigation Law § 2, Subsection 30.

BOAT ACCESSORY STRUCTURE

An enclosed storage structure, the purpose of which is the storage of related boating accessories and shall have no utility service except electricity. A boat accessory structure shall not be defined to mean a boat hoist structure, boat station or boathouse.

BOAT HOIST

Any mechanical device, the purpose of which is to remove the boat from the water for waterside storage and that shall not have a roof.

BOAT HOIST STRUCTURE

A seasonal open-sided structure placed in the water with an attached mechanical device to raise or lift a boat out of the water for waterside storage. A boat hoist structure shall not be defined to mean a boat station, boathouse or boat accessory structure.

BOATHOUSE

A permanent enclosed structure that provides direct water or rail access for boats and is wholly or partially supported or constructed below the mean high water mark. A boathouse has a permanent roof and one or more enclosed sides and shall have no utility service except electricity. A boathouse shall not be defined to mean a boat hoist structure, boat station or boat accessory structure.

BOAT SLIP

A waterside storage area adjoining or within any structure, boat hoist structure, boat station, boathouse, dock or pier, the purpose for which is the storage of a boat.

BOAT STATION

A permanent open-sided structure with a roof, constructed in the water, with a mechanical device, the purpose of which is to raise or lift a boat out of the water for waterside storage. A boat station is intended as a permanent boat hoist structure. A boat station shall not be defined to mean a boat hoist structure, boathouse or boat accessory structure.

DOCK

Any permanent or seasonal structure, fixed platform built on floats, columns, open timber, piles or similar open-work supports, or cantilevered structures, including piers and wharves that are designed to provide permanent or seasonal access from the shoreline to Canandaigua Lake.

DOCKING AND MOORING FACILITY

One or more structures, docks, mooring buoys or a combination thereof, associated with an adjoining parcel used for the docking or mooring of boats.

ENFORCEMENT OFFICER

The official designated by the legislative body of this locality to enforce the provisions of this chapter.

EXISTING VALUE

Replacement cost of the building/structure at the time of loss or damage.

FACILITY AREA

The water and submerged land area located lakeside of the mean high water mark between the adjoining parcel's facility area lines, subject to the requirements of this chapter to a distance of:

	Facility Type	Distance Perpendicular to the Mean High Water Mark
	Tier 1 docking and mooring facilities	60 feet except as provided for in §§ 96-8 and 96-9
	Tier 2 and 3 docking facilities only	200 feet except as provided for in § 96-13G
	Tier 2 mooring facilities only	375 feet
	Tier 2 both docking and mooring facilities	200 feet for the dock plus up to an additional 175 feet for moorings

FACILITY AREA LINES

The lines which are used solely for determining the boundaries for the placement of docking and mooring facilities and all other facilities subject to this chapter. The method for establishing facility area lines is found in § 96-7.

HEIGHT

The vertical distance measured from the mean high water mark to the highest portion of the building or structure.

LINEAL FEET OF SHORELINE

The distance of the tie line. The lineal feet of shoreline for developments that involve alteration of the shoreline will be measured at the natural mean high water mark before such alteration. The mean high water tie line of the adjoining parcel which is described in § 96-7 determines the lineal feet of shoreline.

MAIN WALKWAY

The section of the dock that extends from the mean high water mark toward the center of the lake.

MARINA

A facility that provides docking and/or mooring facilities and associated land-based support facilities such as parking, marine fueling, rest rooms, marine dump station and incidental sales and services.

MEAN HIGH WATER MARK

The location where the mean high water level intersects the adjoining parcel.

MEAN LOW AND HIGH WATER LEVEL

The approximate average low water level or high water level for a given body of water at a given elevation, determined by reference from survey datum provided by the United States Geological Service (USGS). According to the New York State Office of General Services, the mean low water level for Canandaigua Lake is 686.60 feet above mean sea level. According to the New York State Department of Environmental Conservation, Division of Environmental Permits, the mean high water level is 689.40 feet above mean sea level. These heights are measured above mean sea level.

MOORING BUOY

A floating object anchored to the bed of the lake, to which a boat could be attached for waterside storage. A mooring buoy is considered a boat slip for the allotment of docking and mooring facilities.

OUTLET

A point of water discharge at the mean high water mark of Canandaigua Lake from a stream, gully, culvert, channel or other conveyance system.

PERMANENT

The type of construction for any dock, boathouse, boat station, structure or boat accessory structure that is anchored to the bed of the lake and is not designed to be removed each season.

PIER or WHARF

Any structure extending out into or over the water, built upon fill, which shall include, but shall not be limited to, earth, clay, silt, sand, gravel, stone, rock, shale, concrete (whole or fragmentary), ashes, cinders, slag, metal, whether or not enclosed, or containing crib, crib work of wood, timber, logs, concrete or metal, or bulkheads and cofferdams or timber sheeting, bracing and piling or steel sheet piling, or steel H piling, separate or in combination.

SEASONAL

The type of construction for any dock, boat hoist or structure that is designed to be removed on an annual basis.

SHORELINE

Mean high water mark.

STEEP SLOPE

A steep slope is defined as 30° (or 57% slope) or greater as measured from the horizontal, for a vertical height of 20 feet or more, with the toe of the slope commencing within 10 feet of the mean high water mark. If the toe of the slope is greater than 10 feet from the mean high water mark, it is not considered a steep slope under this chapter.

Figure 1 Steep Slope Diagram

(not drawn to scale)

STEEP SLOPE PARCEL

An adjoining parcel where less than 20 contiguous lineal feet of the parcel boundary adjoining the mean high water mark are not characterized by steep slopes. Parcels that have more than 10 feet measured from the mean high water mark to the toe of the steep slope for 20 contiguous lineal feet or greater will not be considered a steep slope parcel.

STRUCTURE

Anything constructed, erected, anchored, suspended, placed in, on or above, or any object constructed, erected, anchored, suspended or placed on the water side of the mean high water mark.

TIE LINE

The horizontal lineal distance measured in a straight line between the lot lines at the mean high water mark.

TRANSIENT USE

The temporary use of a docking or mooring facility by patrons of a restaurant, hotel or motel on an adjoining parcel.

UNIFORM DOCKS AND MOORING PERMIT

A permit issued according to the requirements of this chapter.

WATERSIDE

The lake side of the mean high water mark.