1990 – No.5 – Amendment to Waterfront Management Law

LOCAL LAW #5 1990

Section 1. This local law shall be known and cited as “Amendment No. 1. to the Village of Sackets Harbor Waterfront Management Law.

Section 2. Local Law No. 4 for the Year 1990 entitled Village of Sackets Harbor Waterfront Management Law is amended to read, in part, as follows:

•(a) 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. Normal repairs and maintenance shall include the restoration and reconstruction of a damaged or destroyed structure, provided the restoration or reconstruction is substantially completed within one year of the damage or destruction of the structure. Normal repairs and maintenance does not include enlargements or substantial modifications or alterations to a structure as it existed prior to the damage or destruction.

•(b) Section 4-5 Nonconforming Structures

•A. A nonconforming structure lawfully existing on the effective date of this local law shall not be in violation of the provisions of this local law as amended.
•B. Normal repairs and maintenance to a nonconforming structure may be made pursuant to Section 4-1.
•C. A nonconforming structure may be changed, altered or expanded only if the change, alteration or expansion is granted site plan approval by the Planning Board pursuant to this Article.
•D. The Planning Board shall not grant site plan approval for a change, alteration, or expansion of a nonconforming structure unless it specifically finds the change, alteration or expansion is more compatible with the neighborhood and surrounding water uses and more conforming to the purpose and goals of this local law than the existing nonconforming use;

•(c) 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, provide all 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 at all during 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.
Section 3. This local law shall take effect upon approval by the Commissioner of Parks, Recreation and Historic Preservation and upon filing with the Jefferson County Clerk and the Department of State.

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