HomeMy WebLinkAboutTOR RES 179Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
April 10, 2015
Honorable Town Clerk:
Records Management Officer
Marriage Officer
Your response to this letter will acknowledge receipt of the attached resolution adopted by the
Riverhead Town Board. Kindly please sign an&,email back to the Riverhead Town CkrtEpim
Wilhelm at wilhelmCcD-townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date: APR 1 u 2015
Town Board Meeting arch 18,7:00 PM Southold Town Clerk
Resolution#179 ADOPTS A LOCAL LAW TO AMEND CHAPTER 106 ENTITLED, "WATER
WAYS" OF THE CODE OF THE TOWN OF RIVERHEAD
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034
Office of the Town Clerk
Dit7ne M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
April 9, 2015
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 which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on March 18, 2015.
Resolution# 179 -ADOPTS A LOCAL LAW TO AMEND CHAPTER 106 ENTITLED 'WATERWAYS',
OF THE CODE OF THE TOWN OF RIVERHEAD
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
Enc.
200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 268 — Fax (631)208-4034
03.18.15
150179
TOWN OF RIVERHEAD
Resolution # 179
ADOPTS A LOCALLAWTO AMEND CHAPTER 106 ENTITLED
"WATERWAYS"OF THE CODE OF THE TOWN OF RIVERHEAD
Councilman Dunleavy offered the following resolution,
which was seconded by Councilman Wooten
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 106 entitled,
"Waterways" of the Riverhead Town Code (Town Code"); and
WHEREAS, the Riverhead Planning Department has reviewed the proposed
amendment and recommended that it be considered a Unlisted action; and
WHEREAS, a public hearing was held on the 18th day of February, 2015 at 7:05
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard.
NOW THEREFORE BE IT RESOLVED, that the Town Board be and hereby,
declares the amendment of Chapter 108 to be an unlisted action for the purposes of
SEQR compliance; and be it further
RESOLVED, that coordinated review is not required as the Town Board is the
sole involved agency for purposes of implementing the amendment to Chapter 106,- and
be it further
RESOLVED that the Town Board of the Town of Riverhead hereby finds that "A
Local Law in relation to Amendments to Chapter 106 entitled "Waterways" will not result
in significant impacts on the environment and issues a Negative Declaration for the
action and authorizes Supervisor Sean M. Walter to sign the Short Environmental
Assessment Form; and be it further
RESOLVED, that the local law amending Chapter 106 entitled, "Waterways" of
the Town Code is hereby adopted as specified in the attached notice of adoption; and
be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News -Review Newspaper and to post same on the
signboard at Town Hall; 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
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a
local law amending the Chapter 106 entitled "Waterways" of the Riverhead Town Code, at its
regular meeting held on March 18, 2015.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 106
WATERWAYS
. .
MIMI
INNER
�.
Mg
Article IV Jet Pack Vessels
§ 106-16. Scone.
A. The regulations of this Article shall govern the use of JetPack Vessels on all waters of the
Town of Riverhead.
B. JetPack Vessels shall cogply with all laws and regulations governing Class A vessels includin
but not limited to registration operation and navigation.
C. JetPack Vessels shall comply with all laws and regulations as set forth in Chapter 106 of the
Town Code of the Town of Riverhead governing vessels
D. JetPack Vessels operated for recreational or commercial ("for hire") uses are subject to all
boating safety laws unless otherwise noted in these regulations.
106-17. Purpose.
The purpose of this Article is to develop comprehensive safety standards and registration
requirements for JetPack Vessels operated on the waters of the Town of Riverhead
In addition this Article is adopted in order to protect the waterwa s of the Peconic River and the
Peconic.Estuga. The Peconic River, classified as "Impaired Waters" 303 d list by the NYS
Department of Environmental Conservation suffers from excessive nitrogen loadings that have
been responsible for chronic alai blooms and extremely low dissolved oxygen DO levels. Low
DO levels in the Peconic River have caused a number of fish kills that have generally occurred
during the warm weather months when DO levels are normally lower.
One of the sources of nitrogen is nutrient flux or the cyclic release of nitrogen from hi hl
enriched organic bottom sediments. Althou h a naturall occurring henomenon nutrient flux
can be tri eyed b and made more severe b thea itation of bottom sediments. S ecificall
the bottom sediments are dis laced ut into sus ension within the water column. Inadvertent
propeller dredging by boats is a typical cause for suspension Because the sediments are so fine
extremel small the dis lacement and associated turbulence can cause the sediments to remain
in suspension for many hours if not da s. The impacts to water clarity and DO levels can be
severe at times.
The use of a water 'et powered JetPack Vessels within the Peconic River corridor, will without
-question cause the suspension of the highly enriched organic sediments Moreover, the constant
activity of the JetPack Vessels will create enough turbulence that the sediments will remain in
suspension for prolonged periods.of time. While in suspension, DO levels and water clarity will
precipitously be lowered, negatively impacting aquatic life While prop dredging from
motorized vessels does occur, a trained boat operator will make every effort to avoid this from
happening by stgfing within the designated dee er water navigation channels. The disturbance
of bottom sediments from water -jet propulsion. from JetPack Vessels activities cannot be avoided
within the Peconic River.
§ 106-1$. Exceptions.
This chapter does not apply to:
A. JetPack Vessels used solely for the PLIMose of emergency rescue o erations and associated
emergency trainingprograms; and
R If approved by state and federal regulatM agencies, if applicable and if approved the Town
Board of the Town of Riverhead pursuant to Cha ter 90 and/or section 106-9 of the Town
Code of the Town of Riverhead where JetPack Vessels are engaged in a:
(I) Professional exhibition
(2) R
(3) Motorboat race or other boat race-
(4) Marine parade; or
(5) Tournament or exhibition
C. Not more than two 2 of the events set forth above in subsection B. shall be conducted within
any calendar year.
§ 106-19. Definitions and ward usage
A. "Ihe following termsPhrases and their derivatives shall have the meanings herein.
BOAT UNIT
The portion of the JetPack Vessel that contains the jet pump and water
intake valve(s).
The boat unit includes:
(a) A separately registered personal watercraft that is attached to the jet propelled device via a high
pressure water hose; or --
(b) A streamlined hull consisting of an engine and water pump that is connected to the j et pro elled
device via a high pressure water hose The hull is not required to have seating for an operator or
passenger.
CLASS A VESSEL
A motorboat less than 16 feet in length.
HELMET
An "International Orange" colored water sports helmet
INSTRUCTOR
AW person that provides instruction regarding the operation and use of the JetPack Vessel
JETPACK VESSEL
A system whereby a jet propelled device is attached via a high pressure water hose to a boat unit
that contains a tet pump. The boat unit intakes water and pumps it through the high pressure water
hose to the jet propelled device capable of elevating a rider from the surface of the water.
JET PROPELLED DEVICE
The portion of the JetPack Vessel where the rider is seated or standing including but not limited to
het propelled boards jetpacks and water bikes
OBSERVER
Means a person other than the rider that is responsible for the safety of the rider and all
equipment involved In the JetPack Vessel operation
OPERATE
To navigate or otherwise use a vessel and or move or support a person in the water or air.
OPERATOR
The person that controls the thrust of the jet propelled device The operator may also serve as
the rider.
OVQWR
The person or entity that registers the JetPack Vessel
PERSONAL WATERCRAFT
A Class A vessel which:
(a) Has an inboard motor which uses an internal combustion engine poweringa water 'et um___p as
its primary source of motive propulsion;
(b) Is designed with the concept that the operator and passenger ride on the outside surfaces of the
vessel as opposed to riding inside the vessel•
(c) Has the probability that the operator and passenger may in the normal course of use fall
overboard: and
(d) Is designed with no open load -carrying area which would retain water.
PORPOISE LIKE MOTION
The intentional operation of the jet propelled device under the surface of the water for a lateral
distance of more than 2 feet and then resurfacing.
RESCUE VESSEL
A fully navigable motorized vessel sufficient to carry all of the people involved in the
JetPack Vessel activity,
RESTRICTED VISIBILITY
Any condition in which visibility is restricted by fog mist, falling snow heavy rainstorms
sandstorms or any other similar causes
RIDER
The person actually on the jet propelled device. The rider may also serve as the operator.
106-20. Restrictions.
A. A person may not operate or give -permission to operate a JetPack Vessel in a reckless or
negligent manner.
B. A person may not lease hire rent operate or give permission to operate a JetPack Vessel
unless the observer, operator, and rider are 16 years old or older.
C. A person may not operate or give permission to operate a JetPack Vessel unless:
An observer is on the boat unit;
Q Where the boat unit does not require an observer on the boat unit an observer is on a
navigable rescue vessel that is located at least 100 feet but no more than 300 feet away from
the rider;
The observer is responsible for the safety of only one rider at a time; and
The observer meets New York requirements for a vessel operator.
D. A person may not operate or give permission to operate a JetPack Vessel on
the waters of the Town of Riverhead unless the rider is wearin a "International Orange"
water sports helmet.
E A person may not operate or give permission to operate a JetPack Vessel unless the rider is
wearing a high impact Type I Type II or Type III personal flotation device approved by the
U.S. Coast Guard.
F. A person may not operate or hive permission to operate a JetPack Vessel in anv area of
water with a depth of less than 6 feet unless the jet propelled device and rider maintain
contact with the water at all times
G. A person may not operate or give permission to operate a JetPack Vessel in properly identified
speed zones unless the tet propelled device and rider maintain contact with the water at all
times. Properly identified speed zones include 5 statute miles per hour speed zones and wake
zones.
H. A person may not operate or give permission to operate a JetPack Vessel on the waters of
the Town of Riverhead within 300 feet in all directions including vertically, of any bridge,
residence, structure, shore, wharf bier, piling mooring ball buoy, vessel or people in the
water. This distance restriction shall also apply to the instructor, the boat unit or the
operator.
I. The rider is prohibited from picking up any other person or using a tandem harness to include
a second rider.
J. A person may not operate or give permission to operate a JetPack Vessel on the waters of the
Town:
(1) Between sunset and sunrise; or
(2) In or near an area of restricted visibility or
(3) In any channel or within 100 feet of any channel marker; or
K. A JetPack Vessel operator, observer shall carry a certificate of Boater Safety Education
L. Where a JetPack Vessel is operated for commercial ("for hire") uses a JetPack Vessel observer
shall carry a CPR certificate
M. A person may not act as an observer, rider, operator, and instructor or give permission to
operate or observe a JetPack Vessel on the waters of the State if they e:
fD Under the Influence of alcohol;
(22,) Impaired by alcohol;
So far impaired by any drug combination of drugs or combination of one or more drugs
and alcohol that the person cannot operate a vessel safer or
Impaired by any controlled dangerous substance unless the person is entitled to use the
controlled dangerous substance under the laws of the State
N. A person may not operate or give permission to operate on the waters of the State a JetPack
Vessel unless it is equipped with an engine cutoff switch
O. All JetPack Vessels must be resaistered.
106-21. Special Operating Conditions.
A. A person may not operate or give permission to operate a JetPack Vessel in a porpoise
like motion unless the water depth is a minimum of 20 feet
B. A person may not operate or give permission to operate a JetPack Vessel where the jet
propelled device and rider rise higher than 6 feet unless the water depth is a minimum depth
of 12 feet.
§ 106-22. Registration of Boat Units.
A. All boat units shall have a valid:
Hull Identification Number; and
Vessel Registration.
106-23 Penalties for offenses.
A Any person who violates any provision of this chapter shall be guilty of an offense and shall
upon conviction, be subject to a fine not to exceed $500 or less than $100 or imprisonment for
not more than six months, or to both such fine and imprisonment
B The Town Board may also maintain an action or proceeding in the name of the Town in a
court of competent jurisdiction to compel compliance with or to restrain by injunction the
violation of this chapter.
106-24. Severability.
If any clause sentence section -paragraph or provision of this chapter or any rule or regulation
hereunder shall be adiudged by a court of competent jurisdiction to be invalid such judgment
shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its
operation to the clause sentence section paragraph of provision or rule or regulation directly
involved in the controversy in which such judgment
• Underscore indicates additions
• Overstrike indicates deletions
Dated: Riverhead, New York
March 18, 2015
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
Town Of Riverhead
Local Law # 2-2015
CHAPTER 106
WATERWAYS
Article IV
Jet Pack Vessels
§ 106-16. Scope.
A. The regulations of this Article shall govern the use of JetPack Vessels on all waters of
the Town of Riverhead.
B. JetPack Vessels shall comply with all laws and regulations governing Class A vessels
including
but not limited to registration, operation, and navigation.
C. JetPack Vessels shall comply with all laws and regulations as set forth in Chapter 106 of
the Town Code of the Town of Riverhead governing vessels.
D. JetPack Vessels operated for recreational or commercial ("for hire") uses are subject
to all
boating safety laws, unless otherwise noted in these regulations.
§ 106-17. Purpose.
The purpose of this Article is to develop comprehensive safety standards and
registration requirements for JetPack Vessels operated on the waters of the Town of
Riverhead.
In addition, this Article is adopted in order to protect the waterways of the Peconic River
and the Peconic Estuary. The Peconic River, classified as "Impaired Waters" (303 d list)
by the NYS Department of Environmental Conservation suffers from excessive nitrogen
loadings that have been responsible for chronic algal blooms and extremely low
dissolved oxygen (DO) levels. Low DO levels in the Peconic River have caused a
number of fish kills that have generally occurred during the warm weather months when
DO levels are normally lower.
One of the sources of nitrogen is nutrient flux, or the cyclic release of nitrogen from
highly enriched organic bottom sediments. Although a naturally occurring phenomenon,
nutrient flux can be triggered by, and made more severe by the agitation of bottom
sediments. Specifically, the bottom sediments are displaced, put into suspension within
the water column. Inadvertent propeller dredging by boats is a typical cause for
suspension. Because the sediments are so fine (extremely small) the displacement and
associated turbulence can cause the sediments to remain in suspension for many
hours, if not days. The impacts to water clarity and DO levels can be severe at times.
The use of a water jet powered JetPack Vessels within the Peconic River corridor, will
without question cause the suspension of the highly enriched organic sediments.
Moreover, the constant activity of the JetPack Vessels will create enough turbulence
that the sediments will remain in suspension for prolonged periods of time. While in
suspension, DO levels and water clarity will precipitously be lowered, negatively
impacting aquatic life. While prop dredging from motorized vessels does occur, a
trained boat operator will make every effort to avoid this from happening by staying
within the designated deeper water navigation channels. The disturbance of bottom
sediments from water jet propulsion from JetPack Vessels activities cannot be avoided
within the Peconic River.
§ 106-18. Exceptions.
This chapter does not apply to:
A. JetPack Vessels used solely for the purpose of emergency rescue operations and
associated
emergency training programs; and
B. If approved by state and federal regulatory agencies, if applicable and if approved the
Town Board of the Town of Riverhead pursuant to Chapter 90 and/or section 106-9
of the Town Code of the Town of Riverhead where JetPack Vessels are engaged in
a:
(1) Professional exhibition;
(2) Regatta;
(3) Motorboat race or other boat race;
(4) Marine parade; or
(5)Toumament or exhibition.
G Not more than two (2) of the events set forth above in subsection B. shall be
conducted within any calendar year.
§ 106-19. Definitions and word usage.
A The following terms, phrases and their derivatives shall have the meanings herein.
BOAT UNIT
The portion of the JetPack Vessel that contains the jet pump and water
intake valve(s).
The boat unit includes:
(a) A separately registered personal watercraft that is attached to the jet propelled device
via a high pressure water hose; or
(b)A streamlined hull consisting of an engine and water pump that is connected to the jet
propelled device via a high pressure water hose. The hull is not required to have seating
for an operator or passenger.
CLASS A VESSEL
A motorboat less than 16 feet in length.
MAYMAi
An "Intemational Orange" colored water sports helmet.
INSTRUCTOR
Any person that provides instruction regarding the operation and use of the JetPack
Vessel.
JETPACK VESSEL
A system whereby a jet propelled device is attached via a high pressure water hose to a
boat unit that contains a jet pump. The boat unit intakes water and pumps it through the
high pressure water hose to the jet propelled device capable of elevating a rider from the
surface of the water.
JET PROPELLED DEVICE
The portion of the JetPack Vessel where the rider is seated or standing including but not
limited to jet propelled boards, jetpacks and water bikes.
OBSERVER
Means a person other than the rider that is responsible for the safety of the rider
and all equipment involved in the JetPack Vessel operation.
OPERATE
To navigate or otherwise use a vessel and or move or support a person in the water or
air.
The person that controls the thrust of the jet propelled device. The operator may also
serve as the rider.
OWNER
The person or entity that registers the JetPack Vessel.
. -.
A Class A vessel which:
(a) Has an inboard motor which uses an internal combustion engine powering a water jet
3
pump as its primary source of motive propulsion;
(b) Is designed with the concept that the operator and passenger ride on the outside
surfaces of the vessel as opposed to riding inside the vessel;
(c) Has the probability that the operator and passenger may, in the normal course of use,
fall overboard; and
(d) Is designed with no open load -carrying area which would retain water.
PORPOISE LIKE MOTION
The intentional operation of the jet propelled device under the surface of the water for a
lateral distance of more than 2 feet and then resurfacing.
RESCUE VESSEL
A fully navigable motorized vessel sufficient to carry all of the people involved in
the JetPack Vessel activity.
RESTRICTED VISIBILITY
Any condition in which visibility is restricted by fog, mist, failing snow, heavy
rainstorms, sandstorms or any other similar causes.
RIDER
The person actually on the jet propelled device. The rider may also serve as the
operator.
§ 106-20. Restrictions.
A. A person may not operate or give permission to operate a JetPack Vessel in a
reckless or
negligent manner.
B. A person may not lease, hire, rent, operate, or give permission to operate a JetPack
Vessel
unless the observer, operator, and rider are 16 years old or older.
C. A person may not operate or give permission to operate a JetPack Vessel unless:
(1) An observer is on the boat unit;
(2) Where the boat unit does not require an observer on the boat unit, an observer is
on a navigable rescue vessel that is located at least 100 feet, but no more than 300
feet, away from the rider;
(3) The observer is responsible for the safety of only one rider at a time; and
(4) The observer meets New York requirements for a vessel operator.
D. A person may not operate or give permission to operate a JetPack Vessel on
the waters of the Town of Riverhead unless the rider is wearing a "International
Orange" water sports helmet.
E A person may not operate or give permission to operate a JetPack Vessel unless the
rider is wearing a high impact Type 1, Type 11, or Type III personal flotation device
approved by the U.S. Coast Guard.
F. A person may not operate or give permission to operate a JetPack Vessel in any area
of
water with a depth of less than 6 feet unless the jet propelled device and rider
maintain contact with the water at all times.
G. A person may not operate or give permission to operate a JetPack Vessel in properly
identified speed zones unless the jet propelled device and rider maintain contact with
the water at all times. Properly identified speed zones include 5 statute miles per
hour speed zones and wake zones.
H. A person may not operate or give permission to operate a JetPack Vessel on the
waters of the Town of Riverhead within 300 feet in all directions, including vertically,
of any bridge, residence, structure, shore, wharf, pier, piling, mooring ball, buoy,
vessel, or people in the water. This distance restriction shall also apply to the
instructor, the boat unit, or the operator.
I. The rider is prohibited from picking up any other person or using a tandem harness
to include a second rider.
J. A person may not operate or give permission to operate a JetPack Vessel on the
waters of the Town:
(1) Between sunset and sunrise; or
(2) In or near an area of restricted visibility; or
(3) In any channel or within 100 feet of any channel marker; or
K. A JetPack Vessel operator, observer shall carry a certificate of Boater Safety
Education.
L. Where a JetPack Vessel is operated for commercial ("for hire") uses, a JetPack
Vessel observer shall carry a CPR certificate.
M. A person may not act as an observer, rider, operator, and instructor or give
permission to operate or observe a JetPack Vessel on the waters of the State if they
are:
(1) Under the influence of alcohol;
(2) Impaired by alcohol;
(3) So far impaired by any drug, combination of drugs, or combination of one or more
drugs and alcohol that the person cannot operate a vessel safely; or
(4) Impaired by any controlled dangerous substance, unless the person is entitled to
use the controlled dangerous substance under the laws of the State.
N. A person may not operate or give permission to operate on the waters of the State a
JetPack Vessel unless it is equipped with an engine cutoff switch.
O. All JetPack Vessels must be registered.
§ 106-21. Special Operating Conditions.
A. A person may not operate or give permission to operate a JetPack Vessel in a
porpoise
like motion unless the water depth is a minimum of 20 feet.
B. A person may not operate or give permission to operate a JetPack Vessel where the
jet propelled device and rider rise higher than 6 feet unless the water depth is a
minimum depth of 12 feet.
§ 106-22. Registration of Boat Units.
A. All boat units shall have a valid:
(1)Hull Identification Number; and
(2) Vessel Registration.
§ 106-23 Penalties for offenses.
A Any person who violates any provision of this chapter shall be guilty of an offense
and shall, upon conviction, be subject to a fine not to exceed $500 or less than $100
or imprisonment for not more than six months, or to both such fine and imprisonment.
B The Town Board may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
§ 106-24. Severability.
If any clause, sentence, section, paragraph or provision of this chapter or any rule or
regulation hereunder shall be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder of this chapter but
shall be confined in its operation to the clause, sentence, section, paragraph of
provision or rule or regulation directly involved in the controversy in which such
judgment.
11