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Home My WebLink AboutTOR RES 636 r. 'y,Cf if PgD)I(q,�,OfpppDGRfS5VA1 Office of the Town clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 8, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm@townofriverheadny.gov or by fax at 631-208-4034. Signature. Date: d — Town Board Meeting September 3, 2014 at 7:00 P.M. Resolution #636–AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Dowell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 Es jEAP ET PPOSPCRITAS E0.PPOGP,MS 1 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 8, 2014 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution #636 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on September 3, 2014 Resolution #636 -AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, )0 . . A&&— Diane M. Wilhelm DMW:cd 200 Howell Avenue M Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 -Y[T PROSPCRI'TgR p[R PRITUPESSUM1I 1 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 8, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm@townofriverheadnK.My or by fax at 631-208-4034. Signature: Date: Town Board Meeting September 3, 2014 at 7:00 P.M. Resolution #636 -AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS" OF THE RIVERHEAD TOWN CODE Sincerely, Fk Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue w Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 09.03.14 ADOPTED 140636 TOWN OF RIVERHEAD Resolution # 636 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS" OF THE RIVERHEAD TOWN CODE Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio BE IT RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice once in the September 11, 2014 issue of the News Review, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed local law amending Chapter 106 entitled "Waterways" of the Riverhead Town Code, to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ®Yes ❑No Gabrielsen ®Yes ❑No Wooten ®Yes ❑No Dunleavy ®Yes ❑No Walter®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901, on the 7th day of October, 2014 at 2:15 o'clock p.m. to consider a local law amending Chapter 106 entitled "Waterways" of the Riverhead Town Code as follows: CHAPTER 106 WATERWAYS § 106-3. Definitions and word usage. A. The following terms, phrases and their derivatives shall have the meanings given herein: BOAT Every vessel propelled in any manner. CHANNELSYSTEM The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters and commonly or usually traversed by watercraft and, in addition, refers to man-made or stabilized waterways designed for the navigation of watercraft. For the purpose of this chapter, boat basins and bathing areas are included in the "channel system." COMMERCIAL DOCKAGE Any catwalk, fixed dock, floatinq dock, or mooring intended for use other than residential dockage, as defined in this chapter. FLOATING HOME/CABANA Any vessel in fact used, designed or occupied as a dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge or pontoons which is primarily immobile and out of navigation which functions substantially as a land structure while the same is moored or docked within the municipal limits of the Town of Riverhead, whether such vessel is self-propelled or not. FLOATING OBJECTS Any anchored marker, platform, raft or other floating contrivance which is not a vessel, and includes but is not limited to bathing beach markers, speed zone markers, information markers, swimming or diving floats, mooring buoys, fishing buoys and ski jumps. HOUSEBARGE Any vessel or craft used or designed to be used on the water surface and to provide residential accommodations with sleeping and toilet facilities, whose volume coefficient is greater than 1,500 cubic feet. Volume coefficient is the ratio of the habitable space of a vessel measured in cubic feet to the draft of a vessel measured in feet of depth. Habitable space is any enclosed area used or designed to be used for a person to sleep, sit or eat. MOTORBOAT Includes any vessel propelled in whole or in part by an engine or motor, whether inboard or outboard. NAVIGABLE WATERS Waterways used or susceptible of being used in their natural or ordinary condition as highways for commerce over which trade and travel are or may be conducted in customary modes of trade and travel on water. OWNER Includes the person in whose name the vessel was last registered under Article 48 of the New York State Vehicle and Traffic Law requiring registration and, in any other case, the last known person with title to a vessel. PARASAILING A water sport in which a person is pulled behind a vessel by a boom, cable, pole or rope attached to a parachute or other similar object suspending a person in the air over a body of water. PERMANENT MOORING The securing of a vessel in the water of the Town of Riverhead on a seasonal or annual basis by means of securing the vessel to a fixed anchor placed on the bottom. PERSON Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert. PIER A wharf portion of a wharf extending from the shoreline with water on three sides. REGULATED WATER SPORTS The following sports performed in any water, channel system or tidewater which include but are not limited to "waterskiing" and "parasailing" and the use of any "water propulsion device" as the terms are defined in this chapter. RESIDENTIAL HOUSEBOAT A vessel not designed primarily for residential dwelling units, designed primarily for pleasure craft, recreation and for independent navigation and not considered a floating home, in accordance with the definition set forth above, and which is being used or occupied for residential purposes. RESIDENTIAL PURPOSES The use of a houseboat, vessel or floating home as a dwelling place, residence or place of abode. The term "residential purposes" shall not be construed to prohibit the occasional overnight use of a houseboat incidental to a transient stay by the vessel within the Town of Riverhead between April 1 and November 1 of each year. RESIDENTIAL DOCKAGE Any catwalk, fixed dock, floating dock, or moorinq intended for use other than commercial dockage, as defined in this chapter. SKIN DIVING Includes swimming by any person with the intent to explore or photograph in local waters or to hunt fish therein, including any person using any self- contained underwater breathing apparatus commonly known as an "Aqualung," but shall not include bona fide salvage operations displaying proper signals. TEMPORARY ANCHORING The securing of a vessel in a harbor on a temporary basis by means of an anchor carried aboard the vessel. TIDEWATERS Waters, whether salt or fresh, wherever the ebb and flow of the tide is felt, including but not limited to coves, rivers, canals and bays. VESSEL Any floating craft used or capable of being used as a means of transport or for commercial purposes, whether or not capable of self-propulsion, and includes but is not limited to boats, sailboats, motorboats, barges, scow, dredges, rafts, waverunners or other buoyant devices permitting free flotation. WATERS All surface water, whether salt or fresh, within or bordering the Town of Riverhead, including tidewaters and navigable waters. WATERSKIING A water sport in which a person is pulled behind a vessel by a boom, cable, pole or rope allowing said person to glide or skim over a body of water. WATER POPULSION DEVICE A buoyant board, or ietpack affixed or worn by a person(s) designed to vertically or horizontally lift said person(s) from a body of water, and/or operate below the surface of a body of water, which is powered by a motorized water jet or pump that supplies power by water propulsion, to force an individual(s) into the air and water (examples of such water propulsion devices include but are not limited to flyboards, Jetpacks, Jetlev's and Hoverboards). WAKEBOARDING See "Waterskiinq" WHARF Any structure built or maintained for the purpose of providing a berth place for vessels. § 106-11. Regulated water sports. A. No person shall operate a vessel on the navigable waters of the Town for towing a person on water skis, a surfboard or similar device unless #eethere is in such vessel a person other than the operator, of at least 10 years of age, in a position to observe the person being towed. B. No person shall be towed OR teF ,� suFfbeard nr similar deviGe nr use „r n eco towed c-Crc -��crscr� cv epeFate a vessel to tew a PePSOR thereG)Rconduct any regulated water sport as defined in this chapter on the navigable waters of the Town during the period from sunset to one hour after sunrise. C. No person shall operate or cause to perform any "regulated water sport" within any "channel system" as the terms are defined in this chapter or within 100 feet of anv swimmer or bather, or within a 100 foot radius of anv other vessel, nor shall any such person engage in any of the below mentioned regulated water sports within 500 feet of any "shoreline", "residential or commercial dockage", "pier" or "wharf', the following regulated water sports include: 1) Waterskiinq; a. Exempted from the 500 foot shoreline provision provided above, is any individual which approaches or departs perpendicular to the shoreline for the sole purposes of commencing or ending a water ski ride. 2) Operating a "water propulsion device" as defined in this chapter". 3) Parasailing. 4) Wakeboarding. per-sen the._011 111 _11 GhaRRel or within 150 feet Gf aRY publiG eF sernipubliG d()Gk-Qf ri D. No person shall operate or manipulate any water skis, water propulsion device or similar device without wearing a personal flotation device of Type I, II or III as specified in § 106-12 of this chapter. E. No person shall operate or manipulate any water skis, water propulsion device, aquaplane or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person. • Underscore indicates additions • Overstrike indicates deletions Dated: Riverhead, New York September 3, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk