§ 8-11. Mastic Beach docks., Chapter 8. Bay and Harbor Bottoms, Code of Ordinances, Brookhaven

No person shall use or tie a boat to a dock located on Town of Brookhaven parkland (formerly owned by the Village of Mastic Beach) without first obtaining a docking permit from the Town of Brookhaven's Division of Environmental Protection.

No person shall construct or repair a dock located on Town of Brookhaven parkland or land underwater without first obtaining a permit or approval from the Town of Brookhaven's Division of Environmental Protection and any other regulatory agencies.

No person shall violate the conditions of a dock permit issued by the Division of Environmental Protection.

Exceptions. The requirements of this chapter shall not be applicable to the following:

(1)

The temporary docking of a vessel, not to exceed three days, due to a storm event, mechanical failure, or other reasons necessary to protect persons or private property;

(2)

Vessels located within property owned by the Mastic Beach Property Owner's Association (known as "section one marina"); and

(3)

Vessels docked at the bulkhead within the Sheep Pen Creek embayment formerly known as "section five marina."

Restrictions:

(1)

The dock must be maintained in a condition that it is safe and not a danger to navigation or public health and welfare. The maintenance and repair of the dock shall be the sole responsibility of the dock permit holder. The Division of Environmental Protection shall inspect all docks in April of each year and any dock that is deemed unsafe, and which has not been issued permits by all regulatory agencies to complete the necessary repair by April 30 of that year, will be removed by the Town of Brookhaven.

(2)

The docking permit shall be valid from the second Saturday in May through the first Saturday in November. No overwintering of the vessels shall be permitted.

(3)

No dock shall be relocated, altered or repaired without the issuance of permits by the regulatory agencies.

(4)

A path to the dock will be via a single access path not to exceed five feet in width. Unauthorized mowing or clearing will be considered a violation of the docking permit.

(5)

No more than one vessel may be authorized to be attached to a dock at any given time, unless the conditions of the dock permit state otherwise.

(6)

No vessel that is tied to the dock will be permitted to rest on the bottom. Docks must be of sufficient length to access navigable water that has adequate depth to allow the vessel to float through all tidal cycles with the engine in the tilt position.

(7)

Power dredging is prohibited.

(8)

Any holder of a dock permit must display the dock authorization sticker supplied by the Town of Brookhaven. The permit sticker must be affixed to the vessel in a location that is easily visible from the dock.

(9)

All dock permits shall expire at the end of the docking season.

(10)

The Town of Brookhaven's Division of Environmental Protection will make every effort to ensure that a previously leased dock stays with the lessee in subsequent years. Should a previous lessee not reapply and pay for a docking permit by April 1 of each year, the dock will be forfeit and either removed or leased to an applicant on a waiting list.

Editor's Note: This local law also renumbered former §§ 8-11 and 8-12 as §§ 8-15 and 8-16, respectively.