The Town of Southold has twelve (12) specific criteria that an applicant for a dock on the bay must address. Those twelve criteria items are published here for your review as the foundation for determining acceptable applications. Bays in the Town of Southold are: Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay.
From 275-11. Construction and operation standards.
(d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects:
[1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion;
[2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities;
[3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore;
[4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock;
[5] Whether the dock will cause degradation of surface water quality and natural resources;
[6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats;
[7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish;
[8] Whether the dock will unduly restrict tidal flow or water circulation;
[9] Whether the dock will be safe when constructed;
[10] Whether the dock will adversely affect views, viewsheds and vistas important to the community;
[11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and
[12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service.
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275-11. Construction and operation standards; general rules.
(2) Docks. (a) Standards for residential and commercial docks; general rules. It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock’s potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks.
[1] No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in § 275-11C(2)(d) below and all other provisions of this chapter.
[2] All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others.
[3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as “CCA”), commercial copper quat (CCQ), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. The use of creosote is prohibited. The use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be at the discretion of the Trustees. [Amended 12-18-2007 by L.L. No. 23-2007]
[4] All docks and gangways onto such docks shall provide a safe pedestrian surface at all times.
[5] All docks, including any vessel tied to the dock, shall have a minimum clearance of 15 feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor’s access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5.
[6] All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water.
[7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats.
[8] Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility.
[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage.
[10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees.
[11] Personal watercraft or “jet ski” floats cannot be added to any float, stairway, or dock without a Trustee Permit. [Added 10-11-2005 by L.L. No. 17-2005]
[12] Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [Added 10-11-2005 by L.L. No. 17-2005]
[13] Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, Installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. [Added 10-11-2005 by L.L. No. 17-2005]
(b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] [1] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas.
[2] Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel.
[3] Prohibited locations and activities. [a] No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe’s Cove Creek and West Creek. [Amended 12-18-2007 by L.L. No. 23-2007]
[b] Machine excavation is prohibited in tidal or freshwater wetland areas.
[c] Placement of fence, mesh or other material preventing passage under docks is prohibited,
[d] No floating docks, floats, dock components, duck blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands.
(c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [a] Only one catwalk may be permitted per residential lot. Only one mooring or dock may be permitted per residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [Amended 12-18-2007 by L.L. No. 23-2007]
[b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [Amended 12-18-2007 by L.L. No. 23-2007]
[ii] No part of the floating dock will contact the bottomland during a normal low tide.
[c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter.
[d] Pilings shall not project more than three feet above the surface of a dock or catwalk unless a need for greater height is demonstrated.
[e] All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area.
[f] Tie-off poles associated with residential docks will only be permitted to secure one vessel. If the dock utilizes a float, the poles shall not project farther seaward than the outer edge of the float. If a float is not used, the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel.
[g] Only one handrail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three feet above the surface of the dock and posts shall not be placed closer than six feet on center or larger than four inches by four inches in dimension.
[h] Residential catwalks and ramps are limited to four feet in width.
[i] Residential boatlifts, floating or fixed, are prohibited, except in privately owned basins on private property at the discretion of the Board of Trustees. [Amended 12-18-2007 by L.L. No. 23-2007]
[2] Commercial docks (marinas, yacht clubs and restaurants). [a] Given the water-dependant nature and economic benefit of properties zoned as M1 and M2, dock design constraints and placement restrictions will be given greater flexibility than would otherwise be allowed for residential uses.
[b] Construction of new marinas and additions to existing marinas shall require establishment of a pump-out facility for vessel sanitary waste.
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