§ 331-107. Accessory waterfront structures.

The construction or erection of any bulkhead, dock, float, pier, pile, wharf, breakwater or similar structure (including similar structures for use by private residences) upon any plot or parcel of land within the limits of the City, either above or below the high-water mark, shall be permitted only after the issuance of a special permit therefor by the Planning Board upon application in accordance with § 331-88A of this chapter. Prior to consideration of any such application, the Board shall require the filing of plans of the structure to be erected, prepared by a duly licensed professional engineer, or registered architect with the Planning Board and with the Building Official of the City of New Rochelle. In considering such application the Board shall take into account the public health, safety and general welfare and the comfort and convenience of the general public. The Planning Board may approve such application subject to the following conditions:

A. 

The structure and any boats docked to said structure do not extend beyond the pierhead line.

B. 

The appropriate permits are received from the Army Corps of Engineers, Coast Guard, DEC or any other agency having jurisdiction.

C. 

Boats at docking facilities shall not be used for overnight sleeping purposes.

D. 

The proposed structure will not impair navigation or reasonable access to adjacent docks or wharves.

E. 

The proposed structure will not unduly interfere with public use of waterways for swimming, boating, fishing, and the like.

F. 

The proposed structure will not unduly restrict tidal flow or water circulation.

G. 

Treated lumber, when used for construction, shall be of a sealed, nonleaching type.

H. 

All vehicular entrances and exits to and from facilities designed for the parking of five or more vehicles, whether open or enclosed, or for continuous drive-in traffic of any sort, shall be subject to approval by the Planning Board which, in its discretion, shall determine the adequacy of all proposed safety features.

I. 

The disturbance of natural vegetation and topography during construction activities shall be minimized to the greatest degree practicable. To this end, an erosion and sediment control plan, in accordance with the Westchester County Best Management Practices Manual, shall be prepared where clearing and/or grading of land is proposed.

J. 

Off-street parking shall be provided in accordance with Article XIV of this chapter.

Editor's Note: Former Subsection J, which set forth requirements about land below the high-water line on Long Island Sound, or land under water elsewhere, was repealed 5-19-2005 by Ord. No. 120-2005. This ordinance also redesignated former Subsection K as Subsection J.

Amended 6-15-2004 by Ord. No. 137-2004