1990 – No.4 – Waterfront Management Law

Laws

VILLAGE OF SACKETS HARBOR
WATERFRONT MANAGEMENT LAW of 1990

Section 1-1. Short Title. This local law shall be known and cited as “Village of Sackers Harbor Waterfront Management Law”.

Section 1-2. Purposes. This local law is designed to protect and preserve the natural and historic resources of the Village’s harbor, waters and shores; to promote and preserve the public’s access to the Harbor, Black River Bay and Lake Ontario for recreational and commercial uses; to protect the waters abutting the Village and their unique, and sensitive environmental and aesthetic qualities; and to promote and protect the public’s safety, health, comfort and general welfare.

Some of the specific goals of this local law include:

A. To ensure that development and land-use activity along the shorelines of Lake Ontario and Black River Bay are consistent with the policies and objectives of the Sackets Harbor Local Waterfront.
B. To provide sufficient space in appropriate waterfront locations for recreational activities, certain commercial activities and other water-dependent and/or water-enhanced uses, in order to meet the recreational needs of the Village of Sackets Harbor’s present and future populations.
C. To recognize the sensitivity of waterfront areas as unique environmental and recreational resources and to protect those areas from environmentally destructive uses and activities.
D. To provide for a desirable mix of water-oriented commercial uses and active and passive recreational opportunities that take advantage of the unique
locations and characteristics of the Village’s waterfront areas.
E. To encourage development that is appropriately designed and in harmony with the environment and that does not conflict with the preservation of the natural beauty of the Village’s water areas.
F. To permit development in areas which, by virtue of their location, topography, accessibility, relationship to surrounding land uses, zoning patterns and natural utilities, are best suited for a particular purpose; and, to preserve areas that are naturally unsuited for development or that have unique historical, aesthetic or environmental significance.
G. To encourage a flexibility of design, preservation of unique environmental features, and maintenance of the aesthetic quality of waterfront areas by permitting the Village Planning Board to establish minimum dimensional requirements for permitted uses, and to review other pertinent design aspects of such proposed projects.
H. To preserve, wherever practicable, the existing vegetation and natural features of water areas, and to prevent, as much as possible, significant problems of erosion, sedimentation and drainage both during and after construction.
I. To encourage and facilitate water-dependent and water-enhanced recreational development within the waters abutting the Village as permitted uses where compatible with the Village’s LWRP, zoning, land use and water use laws and regulations, and the other goals and provisions of local laws.
J. To protect waterfront and water areas as much as possible from excessive traffic flow, and safety problems related to such traffic flow.
K. To protect waterfront and water areas from congestion as much as possible, by requiring the provision of open areas for rest, recreation and navigation wherever practicable.
L. To promote the maintenance and extension of public access to the shore where practical and feasible.

Section 1-3. The provisions of this law shall apply to all lands under water and waters in and abutting the Village, 1,500 ft. from the mean high water mark of the shores within the Village’s corporate limits, except where specifically provided otherwise by law.

Article 2: Definitions

Section 2-1. General Meanings. Except where specifically defined in Section 2-i below, all words or terms used in this law shall carry their customary meaning. In addition, the following provisions hold true:

A. Words used in the present tense include the future tense;
B. The word “person” includes a firm, partnership, corporation, company, association, organization or trust as well as an individual;
C. The word “lot” includes the word plot or parcel;
D. The words “used” or “occupied” as applied to any buildings, structure, or land include the words intended, arranged, or designed to be used or occupied;
E. Words in the singular include the plural; and
F. The word “shall” is intended to be mandatory.

Section 2-2. Specific Definitions.

Administrative Expenses means all actual expenses and liabilities incurred by the Village or any of its officers or agencies in processing and reviewing applications hereunder and insuring compliance with this law and all other applicable laws or regulations, including but not limited to engineering fees and disbursements, legal fees and disbursements, publication expenses, administrative expenses and any other actual expenditure incurred or accrued by the Village.

Boathouse shall mean any building or similar super-structure used for the storage or sheltering of watercraft, and shall include covered docks, piers and wharfs and similar structures.

Dock shall mean any floating or permanent dock, wharf, structure or platform extending out over or in the water, used for the securing of vessels and which provides a means of access to and from the shore.

Harbormaster means that person or anyone of his deputies appointed by the Mayor and approved by the Board of Trustees to enforce and implement the provisions of the Navigation Law and this local law.

Rafting means connecting by cables, ropes, or lines of any vessel to another, except for a row boat, dinghy or yacht tender regularly used by a moored larger vessel for transportation of persons or property to and from shore or a vessel in tow.

Structure means any boathouse, wharf, dolphin, dock,
weir, net, boom, breakwater, bulkhead, revetment, jetty, mooring structure or device, utility line, permanently moored vessel, piling~ aid to navigation~ or any other man-made or man-place material, obstacle, or obstruction.

Vessel Regulation Zone means that area of Sackets Harbor and Black River Bay depicted on the map shown in Article Seven of this law and as described in Article 7 of this law.

Vessel means any boat, barge, ship, raft or other object intended to float on the water and carry persons or property.

Article 3: General Regulations

Section 3-1. Permits Required. No structure shall be constructed, placed, enlarged, modified or used in any waters in, abutting or surrounding the Village without a permit issued by the Planning Board pursuant to Articles 4 or 5 of this local law or a variance granted by the Board of Trustees pursuant to Article 6 of this local law. No person shall swim, wade, bath, or dive

within the Vessel Regulation Zone, except as provided in Section 3-2 without first obtaining a permit from the Harbormaster pursuant to Article 3 of this local law. No permit shall be required for an inspection of anchoring and mooring facilities pursuant to Article 5 of this local law, provided that the person conducting said inspection shall notify the Harbormaster prior to inspection of the time, place and manner of the inspection.

Section 3-2. Swimming and Diving Permits. The Harbormaster may issue swimming or diving permits for swimming, bathing or diving for specific and defined areas in the Vessel Regulation Zone provided that he finds that the proposed activity will not constitute a threat to persons and property and will not impair navigation. The permit will be for a specific time and place within the vessel regulation zone and shall contain at least the following conditions:

A. It may be revoked at any time by the Harbor-master for health, or safety of persons or property, or in the interests of navigation;

B. The area be specifically marked by appro­priate buoys, signs or flags advising the public of the diving or swimming area; and

C. It may be revoked at any time for failure to comply with any of the permit’s conditions.

No permit for swimming, bathing, wading or diving shall be required for: (1) persons wading while launching or landing a boat at a boat launch facility or (2) in response to an emergency or accident.

Section 3-3. Vessel Regulation Zone Regulations.

A. No person shall raft a vessel to another or permit another vessel to be rafted into the Vessel Regulation Zone.

B. No vessel shall be moored or anchored (except while in distress) within the Vessel Regulation Zone.

C. No vessel shall be operated at a speed in excess of five miles per hour in ‘the Vessel Regulation Zone.

D. No person shall place any structure, or leave any vessel or other device, within the Vessel Regulation Zone.

E. The Harbormaster shall ensure that appropriate buoys, signs or flags are posted in accordance with the provisions of the Navigation Law of the State of New York.

F. No person shall fish from a vessel within the Vessel Regulation Zone.

Section 3-4. Vessels Making Fast. No person from sunset to sunrise shall make fast or secure a vessel to any mooring already occupied by another vessel, or to a vessel already moored, except that a rowboat, dinghy or yacht tender regularly used by a larger vessel for transportation of persons or property to or from shore may be secured to such larger vessel or to the mooring regularly used by such larger vessel. If tied within a slip, such rowboat, dinghy, or tender shall not extend into the vessel regulation zone beyond the larger vessel, if such larger vessel is also occupying the slip, or otherwise beyond the slip itself.

Section 3-5. Traffic Control Authority. The Harbormaster shall have authority to control all vessels and other water traffic by use of authorized federal or state regulatory markers, buoys, signs or flags on signal and by oral orders or directions at any time when the Harbormaster deems it necessary in the interest of safety of persons and vessels or other property.

Section 3-6. Basic Speed Law. No person shall operate any vessel in excess of the posted speed limits or in such a manner, by its wake or otherwise, that unreasonably endangers or disturbs other vessels, persons or property.

Section 3-7. Obstructions of Fairways, Channels or Berthing Spaces and Removal of Sunken Vessels.

A. It shall be unlawful to tie up or anchor a vessel, in such a manner as to obstruct the fairways or channels or to prevent or obstruct the passage of other vessels; or to voluntarily or carelessly sink or allow to be sunk any vessel in any channel, fairway, berthing space; or to float loose timbers, debris logs or piles in such a manner as to impede navigation or cause damage to vessels therein. It is understood that wrecked or sunken vessels are subject to the published rules and regulations of the United States Coast Guard and any applicable State law, rules or regulations.

B. Whenever the navigation of any waters including anchorages and berths therein, shall be obstructed or endangered by any sunken vessel or other obstruction and the obstruction of danger has existed for a period of more than ten (i0) days, the vessel or obstruction shall be subject to removal, sale or other disposition. The owner or owners of such vessel or other property causing said obstruction or danger shall be liable to the Village of Sackets Harbor for all costs incident to said removal and disposition, and the Harbormaster, its employees, agents, and officers, shall not be liable for damages of any nature what so ever arising out of or in any way connected with removal, sale or disposition of such vessel or other property.

Section 3-8. Secure Berthing and Anchoring of Vessels. The owner of any vessel moored or anchored within waters under the jurisdiction of the Village of Sackers Harbor shall be responsible for causing such vessel to be tied and secured or anchored with proper care and equipment and in such manner as may be required to-prevent breakaway and resulting damage, and shall thereafter provide for periodic inspection, maintenance, replacement and adjustment of anchor, mooring or tie lines at reasonable intervals. Except in specially designated anchorage areas, proper anchor lights must be displayed and a fog signal sounded when appropriate.

Section 3-9. Unseaworthy Vessels Prohibited. A person shall not moor or permit to be moored or anchored a vessel of any kind whatsoever which is unseaworthy or in a badly deteriorated condition or which is likely to sink or to damage docks, wharves, floats or other vessels or which may become a menace to navigation, except in cases of emergency.

Article 4: Permitted Structures

Section 4-1. Planning Board Approval Required. No structure shall be constructed, installed, altered, enlarged or modified without approval of the Planning Board after review of

the plans as provided for in this Article, except for normal repairs and maintenance.

Section 4-2. Purpose and Scope

A. The purpose of the plan review procedure is to allow the Planning board to attach reasonable safeguards and conditions to those uses which might otherwise produce deleterious effects on the Village Zoning Law’s Historic Preservation Overlay District environment, neighborhood, water-ways, navigation, or the public’s health, safety and welfare. Furthermore, it is the purpose of the plan review procedure to authorize the Planning Board to disapprove a plan for any structure or use, the deleterious effects of which cannot be mitigated because of the particular site it is to occupy.

B. No permit shall be issued for any use or structure until it has been granted plan approval by the Planning Board or a variance by the Board of Trustees.

C. The Planning board shall review and approve, approve with conditions, or disapprove plan review applications.

Section 4-3 Application for Plan Review. All applications for plan review shall be submitted to the Planning Board.

A. Presubmission conference. If the applicant so requests, a presubmission conference between the applicant and the Planning Board shall be held to review the proposed development in light of existing conditions and to generally determine-the information to be required on the plan. At the conference the applicant shall provide a statement and a rough sketch describing what is proposed and showing the location of the project and its relationship to surrounding water, land uses and zoning requirements.

B. Application Requirements. The Planning Board may require at the presubmission conference that any or all of the following elements be included in the plan review application. If no presubmission conference is held, then all of the following elements shall be included in the plan review application:

1. Name and address of applicant and owner, if different, and of the person responsible for preparation of such drawings;
2. Map(s) bearing date, northpoint, written and graphic scale;
3. Boundaries plotted to scale, including distances, bearings, areas and water depths (low and high water datum);
4. Location and ownership of all adjacent lands and structures;
5. A statement of compliance or consistency with all applicable local waterfront revitalization program policies and criteria;
6. If the proposed sign or structure, other than a simple dock, is to be located in, or on the waters adjacent to or substantially contiguous to the Historic Preservation Overlay District as established by the Village of Sackets Harbor Zoning Law (“Zoning Law”), a detailed statement of compliance or consistency with the

with the criteria contained in the Zoning Law relating to the Historic Preservation Overlay District;
7. Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use on or adjoining the property;
8. Location, size, elevation and detailed design of the structure’s facilities and signs;
9. Plans for dredging and controlling erosion and sedimentation during the development;
10. An appropriate Environmental Assessment Form (EAF);
11. Other elements integral to the proposed development as considered necessary by the Planning Board including copies of all federal, state, or county permits or applications required; and
l2 All applicants shall deposit with the Village Clerk sufficient security to cover the anticipated administrative expenses of the Village as provided in Article 6 of this Local Law.

C. Hearing. Within forty-five (45) days from the date of Planning Board has received the completed application~ a public hearing shall be scheduled on the proposal to entertain public comment. At least seven (7) days advance public notice of the hearing shall be published in the official newspaper.

D. Decision. The final decision by the Planning Board must be made within forty-five (45) days following the hearing, in writing, specifying any conditions that may be attached to an approval, the reasons that the Planning Board approved or denied the proposal and the motions/vote by the Planning Board members. All decisions shall be filed in the Office of the Village Clerk, the Harbormaster and a copy mailed to the applicant.

Section 4-4. The Planning Board’s review of the plans shall include the following considerations:

A. The construction of all structures and facilities shall be undertaken in such a way so as not to impair water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, or otherwise threaten the public health and safety.

B. All structures and facilities shall only be constructed of materials which are stable, chemically inert, and insoluble and which will have no adverse effects on water quality. Such materials shall be in compliance with all federal and state laws and regulations.

C. The grading, dredging, earth moving and disturbance of land above ~and below water during the construction of all structures and facilities shall be minimized as much as possible and shall be consistent with the permit requirements of all federal and state agencies.

D. To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, piers, docks, and wharves shall be of floating construction wherever feasible, and shall not be of rockfilled cribbing, sheet piling, closely spaced piling, or such other construction which would significantly impair water circulation.

E. There shall be no superstructure permitted above the decks of piers, docks or wharves except those structures that are necessary to marinas.

F. No pier, dock or wharf shall be constructed in a configuration other than straight, “T”, “L”, “U” or “F” shaped, unless specifically approved by the Planning Board and only if the Planning Board specifically finds that the proposed configuration will not adversely impact on the purposes or intent of this law or on adjoining riparian owner’s rights.

G. No dock shall be constructed to extend offshore more than fifty (50) feet from the mean low water mark, unless it can be clearly demonstrated that any additional length is necessary to achieve adequate water depth for proposed boat dockings and that such extensions will not adversely effect navigation or the riparian rights of others.

H. The width of any dock shall not exceed (8) feet and must meet all applicable setback requirements.

I. The number of private piers, docks or wharves permitted for each waterfront lot used for single-family residential purposes shall not exceed one such structure for any parcel with less than i00 feet of shoreline. One additional dock or pier per lot is allowed for each additional 50 feet or portion thereof of water frontage.

J. The number of piers, docks or wharves permitted for each waterfront lot used for multi-family, homeowner’s associations, condominiums, townhouses or similar uses shall not exceed those necessary to provide one (1) boat slip per residential unit. Such docks shall not be developed or configured on the site in any manner that adversely affects existing environmental conditions or natural features, or negatively impacts navigation or riparian rights of others.

K. Every structure constructed shall have a minimum clearance or setback of twenty (20) feet from an imaginary boundary line in the water which runs perpendicular to the shoreline at shore terminus of the boundary line between separate littoral lots. The Planning Board may establish another angle, other than perpendicular for the imaginary boundary line in the water between littoral lots, if the Planning Board specifically finds that the establishment of the imaginary boundary line in the water at an angle other than perpendicular will not adversely impact on the riparian rights of other littoral landowners.

L. During the hours of darkness structures that are one hundred (100) feet or longer must be lighted and marked in such a manner so as to not constitute a hazard to navigation. Lighting must not be confused with navigational lighting, and must meet U.S. Coast Guard standards.

M. Lighting of the surface of any structure shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land. The use of low-mast lighting fixtures and deflector shields to direct the light downward may be required to reduce or eliminate glare.

N. Commercial operation, renting or leasing of fishing piers, docks, wharves, boat launching ramps or other structures and facilities shall be expressly prohibited in any waters abutting any residential zoning district within the Village of Sackets Harbor as established by the Zoning Law.

O. The owner or operator of a marina or harbor may be required to furnish information concerning water quality, current patterns and intensities of boat activity, shoreline alterations, and any other conditions which may be altered by the construction of the marina or boat basin for a period of one year after completion of the facility.

P. The approval of the installation and operation of aeration systems, bubbling systems or other ice prevention systems shall be subject to the approval of the New York State Department of Environmental Conservation. In the event that such systems are permitted to be installed, the property owner shall be responsible for installing warning signage, of a size and location to be determined by the Planning Board, on the water surface of the Village of Sackets Harbor, during the winter months.

Q. status and conditions of all federal and state permits required may be considered as well as compliance with all other provisions of this local law and the policies of the Local Waterfront Revitalization Program.

R. For all signs and structures, other than simple docks, to be located in or on the waters adjacent to or substantially contiguous to the Historic Preservation Overlay District as established by the Zoning Law, shall be designed, constructed and operated in conformity to and in compliance with the criteria contained in the Zoning Law relating to the Historic Preservation Overlay District. It is the intent and purpose of this subsection to require all signs and structures, other than simple docks, to comply with the Zoning Law’s Historical Preservation Overlay District’s criteria and requirements in the same way and manner as if those signs and structures where located on the lands within the Historic Preservation Overlay District.

Article 5: Mooring of Vessels

Section 5-1. Placement of Private Moorings. No person shall place or use any mooring or permanent anchorage facility in the waters in or abutting the Village, except as provided in Section 5-2.

Section 5-2. Previously Existing Moorings.

A. All moorings lawfully in use and in existence at the time of adoption of this local law may continue to be used in the same manner and in the same location until abandoned, provided the moorings are used, occupied, lighted, and maintained in conformity with all applicable federal and state laws, rules and regulations.

B. If a mooring is not maintained, lighted, used or occupied in conformity with all applicable federal and state laws, rules and regulations; its location changed; or is not used for nine months in any calendar year, the mooring shall be deemed abandoned by the Harbormaster.

C. Any mooring and all mooring tackle shall be removed by the owner thereof as soon as is reasonable and practical upon abandonment.

Article 6: Administration

Section 6-1. Harbormaster.

A. This law shall be implemented and enforced by the Harbormaster or any other duly designated police or peace officer.

B. The Harbormaster shall refer all applications for permits concerning structures to the Planning Board as required by Article 4 of this law and those for a variance to the Board of Trustees.

C. The Harbormaster and his deputies shall be qualified as a peace officer as required by Article 2 of the Criminal Procedure Law.

D. The Harbormaster shall keep accurate records of all permit applications, permits, enforcement actions and other actions taken, except those within the jurisdiction of the Planning Board or the Board of Trustees.

Section 6.2. Administrative Fees. All applicants for any permit pursuant to Article 4 or a variance pursuant, to this Article are required to pay a fee to cover the administrative expenses of the Village. Failure to pay such fee shall be deemed a violation of the Local Law.

All applications for any approval, permit, or variance shall be accompanied by a cash deposit, certified check or surety bond payable to the Village of Sackets Harbor in an amount determined by the Chairman of the Planning Board or the Mayor in requests for variances.

The Chairman of the Planning Board or the Mayor, as the case may be, should obtain estimated expenses from the Village Engineer, Village Attorney, Village Clerk and Villager Harbormaster prior to setting the amount of the cash deposit, certified check or surety bond required of each applicant.

The Chairman of the Planning Board or the Mayor, as the case may be, may require additional security for the Village administrative expense, in accordance with the provisions of this section, in the event that the Village’s potential liability for such expense exceeds the initial amount deposited.

Upon completion of the latter of (i) final approval, or rejection of, any application or request, or (ii) final approval of any and all completed improvements and submission of all final bills to the Village for its administrative expenses incurred as a result of the applicants’ proposed plan, all unused funds or proceeds from a surety bond shall be refunded to the applicant.

Section 6-3. Violations and Penalties.

A. The Harbormaster and any other peace officer or police officer authorized to enforce this local law pursuant to the Navigation Law and the Criminal Procedure Law may issue a uniform navigation summons and complaint pursuant to Section 19 of the Navigation Law for
any violation of the provisions of the local law.

B. Any violation of this local law shall be a misdemeanor and is punishable by a fine not to exceed fifty dollars, up to ninety days imprisonment, or both.

C. For violations of this local law, each week’s continued violation shall constitute a separate additional offense.

D. With the consent of the District Attorney the Village may appear in Court and prosecute all violations by an Attorney retained by the Village or by the Harbormaster.

E. In addition to the penalties provided above the Village also may bring an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction a violation of this local law.

Section 6-4. Amendments. The Village Board of Trustees may from time to time amend, supplement, or repeal the regulations and provisions .of this law after public notice and public hearing and compliance with the Navigation Law. The Village Board of Trustees, by resolution, shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given as required by Law.

Section 6-5. Variances.

A. Purposes and Scope. All applications for variances shall be submitted to the Board of Trustees and shall be processed and reviewed as provided for in this section. The Board of Trustees may grant a variance to the strict application of the requirements of this local law only when it renders specific findings of fact supporting its conclusion that strict application of the provisions of this local law will result in unnecessary hardship and that in granting the variance the spirit, intent, goals and objectives of this local law will be observed, the public welfare secured and substantial justice done.

B. Application Requirements. All of the following elements shall be included in the application for a variance:

1. Name and address of applicant and owner, if different, and of the person responsible for preparation of such drawings;

2. Map(s) bearing date, northpoint, written and graphic scale;

3. Boundaries plotted to scale, including distances, bearings, areas and water depths (low and high water datum);

4. Location and ownership of all adjacent lands and structures;

5. A statement of compliance or consistency with all applicable local waterfront revitalization program policies and criteria or why the granting of a variance is appropriate pursuant to Section 6-5 (A);

6. If the proposed sign or structure, other than a simple dock, is to be located in, or on the waters adjacent to or substantially contiguous to the Historic Preservation Overlay District as established by the Village of Sackets Harbor Zoning Law (“Zoning Law”), a detailed statement of compliance or consistency with the criteria contained in the Zoning Law relating to the Historic Preservation Overlay District, or why the granting of a variance is appropriate pursuant to Section 6-5 (A);

7. Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use on or adjoining the property;

8. Location, size, elevation and detailed design of the structure’s facilities and signs;

9. Plans for dredging and controlling erosion and sedimentation during the development;

10. An appropriate Environmental Assessment Form (EAF);

11. Other elements integral to the proposed development as considered necessary by the Planning Board including copies of all federal, state, or county permits or applications required;

12. All applicants shall deposit with the Village Clerk sufficient security to cover the anticipated administrative expenses of the Village as provided in Article 6 of this Local Law; and

13. Any other element or item required by the Board of Trustees to review and decide the application.

C. Hearing. Within forty-five (45) days from the date the Board of Trustees has received the completed application, a public hearing shall be scheduled on the proposal to entertain public comment. At least seven (7) days advance public notice of the hearing shall be published in the official newspaper.

D. Decision. The final decision by the Board of Trustees must be made within forty-five (45) days following the hearing, in writing, specifying any conditions that may be attached to an approval, the reasons that the Board of Trustees approved or denied the application and the motions/vote by the Board of Trustees. All decisions shall be filed in the office of the Village Clerk, the Harbormaster and a copy mailed to the applicant.

Section 6-6. Interpretation and Separability.

A. Interpretation. Interpretation and application of the provisions of this law shall be held to be minimal requirements, adopted for the promotion of the public health, safety, or the general welfare. Whenever the requirements of this law differ from the requirements of any other ].awfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

B. Separability. Should any section or provision of this law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Section 6-7. Effective Date. The provisions of this law shall take effect upon the following conditions:
A. Approval by the Commissioner of Parks, Recreation, and Historic Preservation; and

B. Filing with the Jefferson County Clerk and the Secretary of State.

Article 7: Vessel Regulation Zone

Section 7-1. Vessel Regulation Zone Map. The Vessel Regulation Zone is that area of Sackets Harbor shown and depicted as a 7.28 acres area on a survey map entitled “Map of Proposed Vessel Regulation Zone Prepared for the Village of Sackets Harbor,” by LaFave, White & McGivern, Daren L. Morgan, P.L.S., N.Y.S. License No. 49479, dated 5/9/90 and as revised 5/21/90, a copy of which is on file with the Village Clerk.

Section 7-2. Metes and Bounds Description of Vessel Regulation Zone. The metes and bounds description of theVessel Regulation Zone is as follows:

All that parcel of land located in the Village of Sackets Harbor, County of Jefferson and State of New York, being bounded and described as follows:

Beginning at a point near the northwest shoreline of Sackets Harbor in Black River Bay, Lake Ontario, where the same is intersected by the southwest line of land conveyed to Andrew H. McPherson (Liber 1066, Page 303), said point further being N 58 degrees 34 minutes E, 200.44 feet, measured along the division line between State of New York Sackets Harbor Battlefield State Park Proposal No. 59 on the northwest and the People of the State of New York Sackets Harbor Battlefield State Park Proposal No. 50 on the southeast (Liber 802, Page 856) and S 72 degrees 12 minutes E, 88.50 feet, measured along the southeast line of McPherson, from an iron pipe in the northeast margin of West Main Street, where the same is intersected by the aforementioned division line between Proposal No. 59 on the northwest and Proposal No. 50 on the southeast, and runs thence, from the point of beginning, into and through the waters of Lake Ontario, the seventeen following courses and distances: S 26 degrees 00 minutes E, 69.52 feet to a point; thence S 64 degrees 41 minutes 30 seconds E, 62.82 feet to a point; thence S 56 degrees 41 minutes 45 seconds E, 314.78 feet to a point that is 20 feet south of the southwest corner of a building situated north of
..this described line; thence. S 39 degrees 00 minutes 30 seconds E, 148.34 feet to a point that is 15 feet south of the southwest end of the most southerly dock; thence S 53 degrees 47 minutes 30 seconds E, 151.27 feet to the southwest end of a dock; thence, along the southwest side thereof and the southeasterly prolongation of said southwest side, S 65 degrees 49 minutes 15 seconds E, 120.40 feet to a point; thence N 82 degrees 17 minutes E, i19.03 feet to a point; thence N 41 degrees 02 minutes 30 seconds E, 197.70 feet to a point; thence N 30 degrees 40 minutes 45 seconds E, 92.24 feet to a point; thence N 23 degrees 43 minutes 30 seconds E, 130.14 feet to a point; thence S 46 degrees 16 minutes 30 seconds E, 503.09 feet to a point; thence S 67 degrees 15 minutes W, 652.69 feet to a point; thence N 54 degrees ii minutes W, 122.75 feet to a point; thence S 65 degrees 49 minutes W, 169.56 feet to a point; thence N 31 degrees 21 minutes 30 seconds W, 171.43 feet to a point; thence N 35 degrees 44 minutes 15 seconds W, 145.17 feet to a point; thence N 39 degrees 58 minutes W, 587.25 feet to a point in the first mentioned northwest shoreline of Sackets Harbor; thence, along said shoreline, in a general direction of N 30 degrees 16 minutes 30 seconds E, 41.68 feet to the place of beginning, containing 7.28 acres of land, more or less.