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This local law shall be known and may be cited as the "Honeoye Lake Uniform Docking and Mooring Law", and is enacted pursuant to New York State Municipal Home Rule Law, New York State Navigation Law Section 46-a, and New York State Town Law Article 16.

The purpose of this local law is to provide reasonable navigational access and recreational use of Honeoye Lake, by preventing overcrowding, allocating fairly the use of the shoreline to minimize conflicts among neighbors, and to protect the public health, safety and welfare, while preserving the environment, scenic beauty, and views of the lakeside area.

Should any section or provision of this local law be determined by any court to be unconstitutional or invalid, such decision shall not affect the validity of this local law as a whole or any part thereof, other than the part(s) so decided to be unconstitutional or invalid.

No building permit is required for the placement of seasonal docking and mooring facilities for the Residential Land Use Category. A building permit is required for permanent mooring facilities and for all mooring facilities in the All Other Land Use Category. Obtaining necessary approval of regulatory agencies shall be the responsibility of the waterfront owner.

The Town Board may, by resolution, establish appropriate fees for the review and processing of the permits required under this local law.

This law shall be administered by the Town Code Enforcement Officer. Violations of this local law shall be remedied according to the violation and penalty section of the towns’ laws, pursuant to Section 268 of Town Law. Waterfront owners aggrieved by the decision of the Code Enforcement Officer may appeal the decision to the Board of Appeals. Pursuant to Section 267 of Town Law or other applicable requirements specified by New York State law, the Board of Appeals may grant a variance to the provisions of this local law.

For the purposes of this law the following definitions apply:

All Other Land Use Category- All types of land uses on a waterfront parcel except those land uses specified in the Residential Land Use Category. This includes but is not limited to marinas, restaurant docking, camps, parks, etc.

Boat - Any vessel requiring registration pursuant to the laws of the State of New York.

Boathouse - A permanent non-habitable structure, used primarily for anchorage and/or storage of boats and accessories that provides direct water or rail access. A boathouse has a permanent roof and one or more enclosed sides.

Dock - Any structure extending out from shoreline into the lake which may be used for mooring vessels, fishing, swimming or other similar activities.

Lineal Feet of Shoreline- The horizontal straight line distance between lot lines at the shoreline (at MHWM). Lot lines are specified on parcel survey maps.

Marina- A business for profit engaged in the sale and repair of boats and motors and provides other marine related services.

Mean High Water Mark (MHWM) - The average high water level of the lake determined by reference to a datum provided by the USGS. The New York State Department of Environmental Conservation has defined this level as 804.5 feet for Honeoye Lake.

Mooring- An area or structure where vessels could be attached for waterside storage including but not limited to docks, boat hoists, and mooring buoys.

Mooring Buoy - A floating object anchored to the bed of the lake but not to the shoreline, to which a vessel could be attached for waterside storage.

Permanent - The type of construction for any structure that is not intended to be removed each season.

Residential Land Use Category - All land uses on the waterfront parcel that are normally classified as a place of dwelling, including but not limited to, single-family, multi-family, mobile homes, boarding houses, apartments, bed and breakfasts, townhouses and condominium units.

Shoreline - The elevation contour line located at the MHWM.

Seasonal - The type of construction for any structure that is intended to be removed each season.

Steep Slope - A steep slope is defined as land rising from the shoreline at 30 degrees ( 57% slope) or greater as measured from the horizontal, for a vertical height of 12 feet or more, commencing within 10 feet of shoreline. This definition is used in specifying where boat houses are permitted.

Vessel - Any floating means of conveyance

Waterfront Owner - This shall include 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 the waterfront parcel.

Waterfront Parcel- A parcel of land bordering on the shoreline of Honeoye Lake. Also referred to as an Adjacent Upland Parcel.

Water rights line - The extension of the lot lines out into the lake for a distance of 100 feet from the shoreline. These lines are used for determining the boundaries for the placement of docks and mooring facilities, but ownership of this lake area still resides with New York State.

Section 8 General Regulations Applicable to All Land Use Categories

A. All objects regulated by this law (boats, docks, boat hoists, mooring buoys, boathouses) shall be placed inside the side setback requirements (specified in Sections 9-B and 10-B) of the water rights lines of a waterfront parcel so as not to interfere with navigational access to the lake. The town may require appropriate documentation, including surveys when necessary, to determine water rights lines. If the water rights lines determined by the standard method of extending lot lines into the lake prevent navigational access for neighboring parcels, and the owners of the parcels cannot come to a mutually satisfactory agreement on water rights lines, the New York State Office of General Services has the ultimate authority to define water rights lines.

B. For the purposes of this law only boats, docks, mooring buoys, and boathouses are permitted on the waterside of the mean high water mark. Gazebos, view decks, porches and other similar structures not related to docking and mooring are prohibited.

Section 9 Specific Regulations for Residential Land Use Category

A. Site plan approval and a building permit from the local town is required for any boathouse.

B. No structure or moored vessel shall be located closer than 5 feet (side setback) to any water rights lines of a parcel.

C. One mooring buoy is permitted, and shall be placed in such a manner that each moored vessel will avoid contact with any other moored vessel or structure. A moored vessel must remain inside the side setback of the water rights lines of a parcel.

D. One boathouse structure is permitted for each waterfront parcel that has 50 or more feet of lineal shoreline and is characterized as a steep slope.

1. The boathouse is limited to the storage of two boats. The boathouse shall be of a single story and shall not exceed 12 feet in height and 25 feet in width and must adhere to all town building codes.

2. A boathouse shall not be used as a dwelling, sleeping, lodging or boarding place.

E. The lineal feet of shoreline determines the permitted number of docks and the number boats that may be stored for more than a ten day period. This includes all boats attached to docks, boat hoists, mooring buoys, and stored in boathouses. The number of docks and boats permitted is:

Shoreline (ft.)	Docks	Boats
0 to 20	1	2
20+ to 50	1	4
50+ to 100	2	5
100+ to 150	2	6
150+ to 200	3	7
200+ to 250	3	8
250+ to 300	4	9
300+ to 350	4	10

F. A dock shall not exceed a total of 700 square feet, including all appendages and the width of individual sections shall not exceed 8 feet. The use of fingers, "T", or "L" shaped appendages is permitted. Where two or more docks are permitted, the docks shall be separated by at least eight feet. If none of the docks on a parcel exceeds 250 square feet an additional dock, over and above those specified in Section 9-E, less than 250 square feet shall be permitted.

G. For an existing waterfront parcel with greater than 2,000 feet of shoreline and shared by multiple off-lake parcels, the restrictions specified in Section 9-E may be exceeded, provided that the number of boats does not exceed one for each improved off-lake residential parcel. An improved parcel is one with a habitable structure.

Section 10 Specific Regulations for All Other Land Use Categories

A. Site plan approval from the local town is required for the placement of any mooring facilities. An approved development that involves seasonal docks does not need to be approved each season provided that it adheres to the original approval.

B. No structure or moored vessel shall be located closer than 10 feet (side setback) to any water rights lines of a parcel.

C. Marinas: The minimum number of lineal feet of shoreline required for a marina is 150 feet. Waterside mooring for sixty boats is permitted. If dining facilities are contained in a marina mooring for an additional 30 boats is permitted. These additional moorings are intended for use by the customers of the dining facility on a short term basis and shall not be rented or leased. Mooring buoys shall not be permitted.

D. Restaurants: The minimum number of lineal feet of shoreline required for a restaurant to have mooring facilities is 100 feet. From 100 feet to 150 feet, waterside mooring for twenty boats is permitted; over 150 feet thirty boats are permitted. These are intended for use by the customers of the establishment on a short term basis and shall not be rented or leased. Mooring buoys shall not be permitted.

E. Any other Land Use: Any other land use shall comply with the regulations for the Residential Land Use Category.

A. For the purpose of this local law any lawful water-dependent use (including docks, mooring buoys or boats) or any permanent structures (including boathouses, or docks) existing at the time of the effective date of this local law, or having already received preliminary or final site plan approval by the town which shall be made nonconforming at the passage of this local law, may be continued. Other provisions of the law such as water rights lines and setbacks are not grandfathered and must be adhered to.

B. Upon the effective date of this local law no existing nonconforming structure shall be enlarged, except when required to do so by law, or when it is damaged, it may be reconstructed, provided that the area and volume of the reconstructed structure shall not exceed that which existed prior to such damage. The reconstruction shall be completed within two years of the damage.

C. Existing nonconforming number of docks and boats may not be increased in number after the effective date of this local law. The size of a nonconforming dock may not be increased.

D. After the effective date of this local law and upon the written request of the waterfront owner, an examination by the Code Enforcement Officer of any Existing Nonconforming Use shall be made. A report of the findings shall be made upon such examination together with a Certificate of Existing Nonconforming Use, which shall clearly describe size and location of all structures and the number of nonconforming docks and boats. Such certificate shall be maintained by the Code Enforcement Officer and one copy shall be furnished to the waterfront owner.

This local law shall take effect upon adoption by the Towns of Canadice and Richmond, upon approval by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, and ten days after filing with the Secretary of State.