Purpose.
The purpose of this article is to regulate lakeshore docks, moorings and other waterside structures in or on the waters of Keuka Lake. The regulations were developed in order to protect public safety, support robust lake environmental conditions, provide reasonable public visual and physical access to the lake, ensure safe recreational use, and establish fair, consistent and uniform standards.

Authority.

A. Section 46-a of the New York State Navigation Law has been amended by adding Subdivision (6), giving the villages and the towns surrounding Keuka Lake the authority to adopt, amend and enforce local laws, rules and regulations not inconsistent with the laws of the United States, with respect to the restriction and regulation of the manner of construction and location of boathouses, moorings, and docks, including related accessorial uses, within the waters of Keuka Lake proper, excepting its tributaries and Keuka Lake Outlet, from the mean high water level to a distance of 1,500 feet from the shoreline.
B. For the purposes of this article, Keuka Lake Outlet and Keuka Lake are deemed to be separated by a straight line connecting points situated by the following coordinates pursuant to the 1983 New York State Plain Central plotting system:

(1) Ice House point (southeast point of mouth of Keuka Lake Outlet) - North 966, 392 +/- East 690,745 +/-;
(2) Indian Pines Park (southwest point of mouth of Keuka Lake Outlet) - North 966, 509 +/- East 690,588 +/-.

C. The entirety of Keuka Lake Outlet, Keuka Lake Outlet Canal, and Wagner Pond, all of which are located to the north of the above established line of separation, are specifically excluded from the application of this article.
D. The provisions of this article do not apply to municipal- or New York State-owned lakeshore parcels.

General regulations for placement and configuration of mooring and berthing facilities.

A. Placement of mooring and berthing facilities adjacent to a lakeshore parcel shall be determined by the category into which this parcel falls as defined in this article.
B. The provisions of this article apply to the lakeshore owner based upon the amount of lake shoreline footage for each lakeshore parcel.
C. Water rights lines.

(1) Berthing and mooring facilities shall be placed within the water rights line of the parcel so as not to interfere with the waterside usage of adjacent parcels. Water rights lines are determined using the following method:

(a) Determine the four points where the mean high water mark intersects the property lines of the parcel and the two adjoining lakeshore parcels.
(b) Connect the points of intersection with straight lines. These lines are called "mean high water tie lines."
(c) Where two mean high water tie lines meet, measure the angle on the waterside.
(d) Bisect (or divide by two) that waterside angle measurement. The bisecting line, projected out over the waterside, is the water rights line.

(2) It is the owner's responsibility to determine water rights lines. Where the water rights lines for a lakeshore property are less than 200 feet long at the point of intersection, the methods described in Subsection C(1)(a) through (d), above, must, if possible, be modified in order that each parcel's water rights lines are at least 200 feet long at their point of intersection (if any).

D. No permanent waterside structure, except ice breakers, shall be located closer than 10 feet in the residential land use category and 20 feet in the "other land uses" category, to any water rights line of a parcel. Ice breakers shall be placed in such a manner that they will be contained within the water rights line of the parcel. Any seasonal waterside structure or vessel moored to it shall be contained within the water rights line of the parcel.
E. Mooring buoys shall be placed in such a manner that each moored vessel shall avoid contact with any other moored vessel or structure. At no time may a moored vessel, or part thereof, extend outside the limits of any water rights line of a parcel.
F. One boat hoist structure is permitted for each boat slip or registered boat mooring permitted under the regulations contained in the residential land use category. A roof is permitted, but it must not have a pitch greater than a 3/12. The sides shall not be enclosed in any manner. Construction of a second-floor level inside the boat hoist, or of a second-floor sundeck, is not permitted.
G. A boat station shall not exceed a height of 15 feet above the mean high water level, and the sides shall not be enclosed in any manner. Construction of a second-floor level inside the boat station, or of a second-floor sundeck, is not permitted. A roof is permitted but it must not have a pitch greater than a 3/12. No boat station may be used as a dwelling, sleeping, lodging or boarding place. Within the residential land use category, any boat station is limited to a maximum of two boat mooring spaces.
H. Only docks, boat hoist structures, boat stations, swim floats, and other specified mooring and berthing facilities are permitted on the waterside of the mean high water mark. Boathouses, boat accessory structures, or any other types of structures not specifically permitted in this document are not permitted on the waterside of the mean high water mark.
I. Compliance with the State Environmental Quality Review Act shall be required for any site plan approval granted under the regulations contained in this article.
J. All construction activities are subject to state and federal review by the following agencies as applicable and as required by law: the New York State Department of Environmental Conservation; the New York State Office of Parks, Recreation and Historic Preservation; the New York State Office of General Services; and the United States Army Corps of Engineers. Article 6, § 75, of the Public Lands Law establishes the terms and conditions for the conveyance of the state's interest on state-owned underwater land. It is the responsibility of the lakeshore owner to obtain any and all state and federal permits as may be required.

(1) All construction is subject to state and federal laws, including the New York State Navigation Law. Section 32-c of said law makes it a misdemeanor to build any structure that interferes with the free and safe navigation of the navigable waters of this state.
(2) The villages and towns may require that an application shall be submitted for review to the New York State Office of Parks, Recreation and Historic Preservation or other applicable state agency if the requested docking or mooring facility presents navigation issues.

K. All site plan approvals required by this article and all variance applications shall be subject to the provisions of the respective town and village laws.
L. As municipal- and New York State-owned lakeshore parcels are not regulated by this article, the lakeshore municipalities and New York State are free to regulate docks and moorings on their own lakefront according to their needs. Municipally owned piers and wharfs providing public access are permitted, and the municipal owner may provide regulations for their use.
M. The lake shoreline footage determines the permitted number of docks and the number of moorings for boats. This includes boats attached to docks, boat hoists or stations, mooring buoys or boathouses. The number of docks and moorings permitted is specified in § 160-123.

Specific regulations for placement and configuration of mooring and berthing facilities for land use categories.

A. The lake shoreline footage determines the permitted number of docks and lakeside moorings for boats requiring state or federal registration and is subject to the setback requirements and water rights line limitations in § 160-122D.

(1) Residential land uses.

(a) Facilities per parcel:

[1] Zero feet to 99.99 feet: four moorings for boats, one dock.
[2] One hundred feet to 199.99 feet: six moorings for boats, two docks.
[3] For those lakeshore parcels that exceed 199.99 feet: three additional moorings for boats are permitted for each 100 feet of lakeshore and one additional dock is permitted for each additional 100 feet of lakeshore.

(b) Residential dock construction shall not exceed the following maximum dimensional criteria: Each permitted dock shall not exceed a total of 720 square feet, including walkways. For the purposes of this section, width is measured parallel to the mean high water mark; length is measured perpendicular to the mean high water mark. The open water space of boat hoist structures, or boat stations, is not included in the calculation of dock area. If none of the permitted docks on a parcel exceed 300 square feet, one additional dock, in addition to those specified in Subsection A(1), above, which is less than 300 square feet, shall be permitted.

[1] No part of the dock, or associated structures and equipment, shall extend beyond a line which is 65 feet from the mean high water mark.
[2] If a water depth of at least three feet is not attained at a point extending directly out into the lake a distance of 65 feet from the mean high water mark when the lake level is 712.55 feet above sea level, the dock may be extended to a point where this depth is achieved, providing this length does not violate the New York State Navigation Law.
[3] The use of fingers, such as T- or L-shaped appendages, is permitted in any configuration from the main walkway of the dock to form boat slip spaces.

(c) In categories where two or more docks are permitted, the docks shall be separated by at least 10 feet.
(d) In categories where two or more docks are permitted, the consolidation of two docks into one dock is permitted. The total square footage of the consolidated dock shall not exceed 1,200 square feet. The consolidated dock shall conform to all other provisions of this article. When applying for dock consolidation under this provision, the lakeshore owner relinquishes all rights and claims to erect a second dock.

[1] The lakeshore owner shall give proper notice to the Town or Village Clerk that any claim to erect an additional dock is waived.

(e) Seasonal docks do not have setback requirements but must fit within water rights lines, together with any boats moored to them. Seasonal docks do not require permits but are included in the number of allowable docks and moorings for boats. Preexisting seasonal docks are not further regulated in this article. Swim floats are not to be included in counting the number of docks permitted, but they must fit within the water rights lines.
(f) Limitations on the number of moorings for boats do not apply to boats moored on the upland side of the high water mark, nor do they apply to short-term moorings for visitors.

(2) Other land uses.

(a) Marinas and yacht clubs.

[1] The minimum lake shoreline footage required for a marina or yacht club is 200 feet. From 200 feet to 249.99 feet, moorings for up to 75 boats are permitted. For those lakeshore parcels that exceed 249.99 feet, up to 20 additional moorings are permitted for each additional 50 feet of lakefront.
[2] The mooring and berthing facilities shall require site plan approval by the Planning Board in accordance with the provisions contained in § 160-124.

(b) Restaurants.

[1] The minimum number of feet of lake shoreline footage required for docks and moorings for a restaurant is 100 feet. From 100 feet to 149.99 feet, up to 20 moorings are permitted; from 150 feet to 199.99 feet, up to 30 moorings are permitted. For those lakeshore parcels that exceed 199.99 feet, up to 10 additional moorings are permitted for each additional 50 feet of lakeshore.
[2] The mooring and berthing facilities shall require site plan approval by the Planning Board in accordance with the provisions contained in § 160-124.
[3] The permitted number of boat slips allowed for this land use activity is intended for use by the customers of the establishment on a short-term basis for dining and entertainment purposes.

(c) Hotels, motels, camps, resorts and private clubs.

[1] The minimum number of feet of lake shoreline footage required for docks and moorings is 100 feet. From 100 to 149.99 feet, up to 10 moorings are permitted; from 150.00 feet to 199.99 feet, up to 15 moorings are permitted. For those lakeshore parcels that exceed 199.99 feet, up to five additional moorings are permitted for each additional 50 feet of lakeshore.
[2] The mooring and berthing facilities shall require site plan approval by the Planning Board in accordance with § 160-124.

B. Limitations in this section shall be determined by the current lake shoreline footage of the lakeshore parcel, regardless of how property interests in the lakeshore parcel may be divided among the owners, lessees, occupants, easement holders, or any other persons or entities with a legal or beneficial interest in any existing or proposed berthing and mooring facility.