Rules, regulations and permit procedures.

A. General provisions for public docks and moorings.

(1) The Town Board may establish by resolution, rules and regulations for the operation of the docks, moorings and marine facilities under its jurisdiction. Such rules shall be posted at the Town Hall and at the Town docks.

(2) The Town Board may, from time to time, establish by resolution, administrative fees for the transient and seasonal use of Town facilities.

(3) Applicants utilizing Town facilities shall hold the Town harmless from any and all liability, including counsel fees, costs and disbursements resulting from operation or dockage of the vessel or the use of the Town facilities by the vessel, owner or crew.

(4) All fastenings to any docks and moorings of the Town shall be done in a seaman-like manner, as determined by and subject to periodic inspection by the Town.

(5) No commercial, ancillary activities or services shall be allowed on public docks without issuance of a special use permit by the Town of Irondequoit.

B. Public docks.

(1) The authorized Town official shall designate and assign available transient berthing space for vessels at the public docks upon payment of the required fee. Space shall not be occupied without paying the required fee.

(2) The authorized Town official may also assign seasonal, temporary or interim accommodations for the docking of visiting commercial vessels at these docks upon payment of the required fee. Applications for such accommodation shall be made in writing to the authorized Town official.

(3) The authorized Town official shall post all docking regulations and safety procedures and other appropriate information to assure safe use of the Bay.

(4) All vessels shall be berthed under the supervision and direction of the authorized Town official. Failure by a captain to act in response to directives of the authorized Town official shall result in the loss of privileges without reimbursement of fees and other penalties as may apply.

(5) Except in the case of emergency or as otherwise approved by the Town, maximum stay at the docks shall be limited to 72 hours for recreational pleasure craft. In cases where vessels must overstay this limit because of unsafe or disabling conditions, the vessel owner must promptly notify the authorized Town official. The authorized Town official may then waive the limit and impose additional fees as may be reasonable given the circumstances.

(6) All vessels must be operated and secured in a safe and protective manner. The Town assumes no liability for damage to craft or injury that may result from dockage at public docks.

(7) No rafting is permitted at public docks unless expressly allowed by the authorized Town official.

C. Public moorings.

(1) Use and assignment of moorings shall be supervised by the authorized Town official. Seasonal moorings shall be occupied only upon the submission and approval of an application and the issuance of a permit.

(2) Mooring application forms shall be available through the office of the Town Clerk. Annual applications may be submitted no earlier than January 1 of each year with the appropriate fee, established by the Town Board.

(3) When an applicant has been approved for a mooring, the authorized Town official shall assign a mooring and mooring registration number. A seasonal mooring permit shall be valid for only the stated vessel at a designated mooring, from the date of issue to December 31 of that year.

(4) The mooring float shall be marked by the Town with the mooring registration numbers in black lettering four inches high, minimum.

(5) Relocating moorings shall be prohibited without prior approval of the authorized Town official

(6) A permit holder shall be deemed to have forfeited the registered mooring by refusing the grant of a mooring permit when offered, or not occupying the mooring by the permitted vessel for a period of one month from the grant date unless approval has otherwise been granted by the authorized Town official.

(7) Only one mooring per person shall be permitted, and the permit for said mooring shall be nontransferable.

(8) If a permit holder is temporarily without a vessel, the permit holder may apply to the authorized Town official to retain that mooring permit for a designated period of time.

(9) If mooring space is not available, the applicant's name will be added to a waiting list upon request. The list shall be maintained in the office of the Town Clerk and made available upon request. It shall contain the names of persons who applied for a mooring, the date of application, the area in which such space is desired, and the size of the vessel. The waiting list shall be maintained in the order of the date of application (month, day, year). To maintain a place on the waiting list, applicants must reapply on an annual basis.

(10) All moorings in the mooring field shall be available to transient vessels. Transient mooring floats will be distinctly marked. No transient mooring shall be occupied for a period longer than 48 hours, unless expressly allowed by the authorized Town official.

(11) Overnight transient moorings, beginning at 12:00 p.m. each day, shall be available from the authorized Town official after payment of the appropriate fee.

D. Private docks.

(1) All docks are considered accessory structures and uses, and there must be a principal use on the site to accommodate them.

(2) No building permit for a private dock shall be issued unless a NYSDEC Article 15 and/or 24 Permit and an Article 404 Permit from USACE has been issued.

(3) Review of permit applications for all docks shall take into account the specific areas, as identified on the Water Surface Use Map, in which they are being installed, proximity to adjacent property lines, impact on unique environmental features, depth of water and landside support.

(4) Dredging for dock installation and subsequent maintenance dredging is discouraged in all cases; however, dredging may be permitted in the harbor areas or where a preexisting, nonconforming condition occurs, as identified in the Harbor Management Plan.

(5) The authorized Town official will inspect the dock upon its completion to ensure safety standards and compliance with all permit conditions.

(6) No dock shall be used for commercial purposes unless approved by the town as a marina activity. Leasing or rental of private residential docks is prohibited.

(7) The authorized Town official shall keep an updated inventory of all docks.

E. Private moorings.

(1) All private moorings outside of the harbor area shall be accessory to the principal land use.

(2) A private mooring shall not be installed into the waters of Irondequoit Bay unless a Town permit and applicable NYSDEC and USACE permits have been issued.

(3) Issuance of permits for all moorings shall take into account safety, day and night navigation, water depth, bottom conditions, tackle, access and compliance and consistency with the Irondequoit Bay Harbor Management Plan. No moored vessel shall be situated in a manner which may interfere with the full use of channels and open water; nor shall any vessel be moored or anchored within a minimum of 50 feet of any dock, pier or other vessel docking or launching facilities.

(4) All moorings must have the tackle and anchor inspected by the authorized Town official prior to their setting.

(5) Every permittee shall be required to maintain the mooring in a safe condition. Any chain, shackle, swivel or other tackle which has become warped or worn by 1/3 of its normal diameter shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit and shall be deemed a violation of this chapter. The authorized Town official may inspect moorings at any time to determine compliance with this section.

(6) All moorings shall be inspected every three years by a qualified third-party inspector. Said inspector shall certify that the mooring is properly installed subject to the requirements of the United States Coast Guard.

(7) All costs of any mooring inspection required under the provisions of this chapter shall be borne by the mooring owner.

(8) The authorized Town official shall keep a detailed record of all private moorings. This record shall include the mooring location and number, information from the mooring permit application, date the mooring was set, and any other information deemed necessary by the Harbor Management Committee, and the location of docks, floats and moorings plotted on a map showing the location of all moorings within the Bay.

(9) Leasing or rental of private moorings shall be prohibited.

(10) The authorized Town official shall have authority for reasons of safety to direct and order that the location, position or tackle of moorings be changed or use suspended, in periods of storm conditions. The authorized Town official shall give notice to the owner or operator of the vessel using such mooring, and compliance shall be required immediately in such circumstances. Failure to comply with such direction or order of the authorized Town official by any person shall be a violation of this chapter, subject to the appropriate penalty.

(11) The owner of a mooring shall be responsible for winterizing the mooring to ensure that it is not damaged or moved by ice or other weather-related events.

F. Floats/rafts.

(1) No new floats or rafts shall be allowed on the waters of Irondequoit Bay.

(2) Preexisting nonconforming floats and rafts that were compliant at the time of installation may be replaced as needed.