Existing Law - 2010 Draft Law - Presentation
Draft 2010 Canandaigua Lake Uniform Docks & Mooring Law
1992
Canandaigua Lake is navigable waterway owned by the State of New York. The submerged land and water is in public ownership and does not belong to the adjoining landowner. State Navigation Law requires reasonable access for navigation to be provided to adjoining landowners. Until 1992, construction of any dock, mooring, structure, or fill in the Lake required a permit from the NYS Office of General Services.
In 1992, the State authorized the municipalities adjoining Canandaigua Lake to regulate dock and mooring facilities with the provision that the same law be adopted by all six shoreline localities and be approved by the NYS Commissioner of Parks, Recreation and Historic Preservation. State law required that the allocation of facilities be based on the lineal feet of shoreline of the adjoining parcel and the land use. The first uniform docks and mooring law was enacted in 1992. NYS Navigation Law Enabling Legislation
2004 Revision
Over the years, various issues with definitions, interpretations, and ambiguities came to light. The Canandaigua Lake Watershed Council reconvened the committee chaired by the Ontario County Planning Department that worked on the 1992 law to draft proposed changes in 2000. The revised Canandaigua Lake Uniform Docks and Mooring Law was adopted in 2004. Current Uniform Docks and Moorings Law
2010 Update
The RSM W. Lake Rd. LLC v Town of Canandaigua Zoning Board of Appeals court decision concerning the Canandaigua Lake Uniform Docks and Mooring local law (UDML) and local zoning raised a number of important issues that needed to be addressed.
Completion of the Canandaigua Lake Peak Use Boat Inventory and Carrying Capacity Analysis, endorsed by the Canandaigua Lake Watershed Council, provided new information and recommendations for the carrying capacity of the lake. These recommendations indicated a need to review the allocation of docks and mooring for large scale facilities (formerly referred to as Marinas and Yacht Clubs) and small scale facilities (formerly referred to as “Residential”). Canandaigua Lake Boat Carrying Capacity Analysis
At the direction of the Canandaigua Lake Watershed Council, the Canandaigua Lake Uniform Docks and Mooring Committee was reconvened in November 2008 to look at the existing UDML and make recommendations for changes and a review draft is now available for review and comments. 2010 Draft Uniform Docks and Mooring Law
Highlights of the 2010 Review Draft
A number of changes have been made to the current law. The following highlights the major changes. The draft law:
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Has been reorganized and clarifications made where the current law was confusing or lacked definition;
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Allocates the number of docks and moorings through a tiered structure that is based on the zoning district rather than the existing or proposed land use. The municipality will choose which zoning districts go in which Tier. If the municipality makes does not take action to chose which Tier a zoning district is in, the parcel will automatically be eligible for a Tier 1 allocation.
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Reduces the extra dock area allowance in steep slope areas and increases the thresholds before a parcel is considered a steep slope parcel
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Creates a site plan review and variance/appeal process based on NYS Navigation Law criteria;
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Addresses the issue raised in the RSM court case regarding who can appeal the decision of a local board; and
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Adjusts the number of docks and moorings for which larger scale facilities (Tier 2), transient use facilities at restaurants and hotels (Tier 3), and small scale facilities (Tier 1) formerly referred to as “Residential”) on adjoining parcels with over 200 lineal feet of shoreline are eligible.
How would the proposed changes impact existing lakeshore landowners?
According to Section 44-20 of the draft law:
Any lawful docking and mooring or associated facility shall be in conformity, except as otherwise provided by Article 6, Section 75 of the NYS Public Lands Law, which either:
1 Was permitted between 1992 and the effective date of the enactment of this draft local law; or
2 Had received preliminary or final site plan approval prior to 1992; or
3 Has been issued a certificate of nonconformity for any dock and/or mooring facilities, structures, or use existing prior to the adoption of the 1992 local law.
An adjoining landowner must comply with any proposed changes for new projects or when a nonconforming facility no longer meets the conditions set in Section 44-20.
NEXT STEPS:
The UDML Committee is reviewing the comments received on the proposed draft law and will report back to the Canandaigua Lake Watershed Council by the end of the year [2010]. It will then be up to each of the six localities to begin the formal local law review and adoption process which will include public hearings at each locality.
Please contact the following staff with questions:
Maria Rudzinski, Senior Planner
Ontario County Planning Department
20 Ontario St.
Canandaigua, NY 14424
maria.rudzinski@co.ontario.ny.us
585-396-4416
585-393-2960 (Fax).
Kevin Olvany, Watershed Manager
Watershed Program Manager
205 Saltonstall Street
Canandaigua, NY 14424
Kevin.Olvany@canandaiguanewyork.gov
585.-96-3630
585.396.5002 (Fax)
Or your local official
http://www.canandaigualake.org/contactus.htm
NYS Navigation Law Enabling Legislation
Current Uniform Docks and Moorings Law
