§ 42-5.1. Perimeter structure reconfiguration permits.  


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  • A. 
    Marine commercial uses and yacht clubs may apply for a perimeter structure reconfiguration permit which will establish an area within which the permit holder may alter the configuration of the number, width, length and location of structures without seeking a new permit. This shall be subject to the following limitations:
    (1) 
    No additional boat slips may be created beyond the number which is authorized and approved in the perimeter structure reconfiguration permit.
    (2) 
    No change in the function or use of the docking facility may be undertaken, including but not limited to the conversion of a floating dock to a fixed dock.
    (3) 
    No excavation, dredging, bulkheading or filling shall be commenced without all local, state and federal regulatory approvals or permits.
    (4) 
    All configurations shall remain within the perimeter shown on the permit, and there must be a minimum of a ten-foot offset from any channel or fairway for any dock perpendicular thereto or 15 feet for any dock parallel thereto.
    (5) 
    Boats may not protrude outside of the approved perimeter.
    B. 
    The holder of a perimeter structure reconfiguration permit shall notify the Town Clerk, in writing, of any changes pursuant to the preceding subsection during the term of said permit.
    C. 
    An application for a perimeter structure reconfiguration permit shall, in addition to the information required pursuant to § 42-6 hereof, include the following:
    (1) 
    A site plan map which clearly sets forth the proposed perimeter and which details existing conditions of the in-water structures of said property and all adjacent uses on all sides of the proposed perimeter area.
    (2) 
    The names and addresses of all adjacent property owners.
    (3) 
    A statement describing the nature of planned in-water activity and the type, size and number of watercraft contained or to be contained in the perimeter structure reconfiguration permit area.
    D. 
    No perimeter structure reconfiguration permit shall be issued by the Town Clerk until the applicant has submitted proof that the New York State Department of Environmental Conservation and the United States Army Corps of Engineers has issued a perimeter structure reconfiguration permit or equivalent, if the same is required, or letters of nonjurisdiction. No perimeter structure reconfiguration permit shall be issued by the Town Clerk for an area which exceeds that approved by either of these agencies.
    E. 
    The applicant for a perimeter structure reconfiguration permit is not required to also apply for a structure permit; however, this exemption does not relieve the applicant from paying fees for both the structure permit and a perimeter structure reconfiguration permit.