Environmental. Docks tend to impede the tidal and littoral flow of waters, thereby causing the collection of flotsam and decaying marine and plant life on and above shoreline, where insects breed. The mooring of boats on docks results in increased near-shore dumping and oil and gas spillage; erosion of sand occurs between docks and acretes along with seaweed in and around the docks all of which interferes with the environmental quality of the waterfront.

Pollution. The air becomes polluted by increased engine operation from the storing, running, idling and testing of boats alongside of docks. Further air pollution results from rotting seaweed, grass and moss collected by docks, from pier and boat cleaning, from cooking on boats near the shore and from barnacles and mussels under docks and piers stored on the beach off-season. Noise occurs from people walking the pier and partying on boats and piers, and from rattling and banging of docks and floats. Water pollution occurs from gasoline spillage during fueling, from rotting seaweed and debris and from boat maintenance operations of soaping, applying detergents, cleaners, paint and oil.

Swimming. The foregoing referred to proliferation of debris, gas, oil and stagnant water caused by dock interference with water flow is hazardous to the health of those attempting to swim in the area. The approach of boats to the docks can be a hazard to swimmers, as can dock anchors and moorings, including chains and cable tackle positioned just below waterline at various tides. Docks are obstacles to lateral swimming along the beach.

Navigation. Sailboats tacking to and from the beach have their movement controlled by docks, floats anchors and mooring lines. In addition, docks limit the movement of rowboats, canoes and small boats along the shore.

Aesthetics. Docks destroy the open beach vista, and dock sections piled up on the beach (and sometimes abandoned) during off-season are unsightly. Lights on docks shining shoreward at night disturb uplandowners.

General. Unauthorized persons have access to and from waterfront homes by use of docks. Activity from those using docks and mooring boats thereon increases the need for police protection, causes neighbor's complaints and in general results in a higher cost to the Village. Hazards to children are created by the risk of their unattended walking on docks and falling into deep waters. High winds from storms can cause portions of docks to break loose and endanger vessels in the vicinity and structures on the neighboring shore. The potential for a multitude of additional docks in the Village, with many of the properties being less than 60 feet in width at the shoreline, leads the Board of Trustees to find an appropriate balance must be achieved between property owners' desires to access the water and the public enjoyment of water and the foreshore in the Village.

Creation and organization of an Environmental Review Board. There is hereby created an Environmental Review Board (ERB) for the purpose of reviewing each application for construction or alteration of a dock and recommending approval or disapproval to the Board of Trustees of the issuance of said permit. All such applications shall be made to the Village Clerk and referred thereafter to the ERB. The ERB shall consist of the Chairman of the Planning Board, the Chairman of the Conservation Board, the Superintendents of Buildings, the Harbormaster and three additional members who shall be qualified by reason of experience or training in architecture, land development, City planning, real estate, landscape architecture, environmental analysis or other relevant business or professional experience, or by reason of civic interest and sound judgment, to review the effects of the proposed construction upon surrounding areas. The members of the ERB shall be appointed annually by the Village Board of Trustees. The Mayor shall appoint any member of the ERB as its Chairman.

Meetings; adoption of rules.

Referral of applications for permits. Every completed application for a building permit for the construction, reconstruction or alteration of a dock shall be referred to the ERB by the Village Clerk. The referral shall be made upon receipt by the Village Clerk of a completed application, provided that such application conforms in all respects to all other applicable laws and ordinances.

Notice. Notice of every application referred to the ERB pursuant to this Article in connection with a dock permit shall be mailed to each property owner in the area known as the "Ida Smith property," as delineated in § 125-22.5 hereunder, and to each owner whose property borders on Northport Bay and is located within 500 linear feet of such property. The applicant shall be responsible for payment of the cost of such mailing and said cost shall be submitted to Village Clerk with the application. Failure to comply with this subsection shall result in the application being deemed incomplete.

Requirement of permit.

Property description. The area to be regulated by this Article encompasses an area beginning at the shoreline of Northport Bay in the Village of Asharoken at the eastern end of the Duck Island Corporation property (275 Asharoken Avenue) and runs along the underwater border of the Village in an easterly direction approximately 3/4 of one mile to approximately 105 Asharoken Avenue. Approximately 73 individually owned beachfront lots, bounded on the north by Asharoken Avenue, Carter's Bight, Beach Plum Drive or vicinity and extending out into Northport Bay, on underwater land between 275 and 105 Asharoken Avenue, known as the "Ida Smith property," are located in this area.

Regulations applicable in the "Ida Smith" area.

Procedure. Before commencing work on any dock, the owner of the premises, or his or her authorized representative, shall apply for a permit from the Board of Trustees at the office of the Village Clerk. The application must contain the following information and be accompanied by such of the following or other data and in such form as may reasonably be required:

Fees. The fee established by the Board of Trustees shall be payable to the Village upon applying for a permit hereunder. This fee shall be in addition to the costs for the mailing of notices, which shall also be borne by the applicant pursuant to § 125-22.4D hereunder. The Board of Trustees may also impose a fee upon the applicant at the time of making the application or thereafter, commensurate with any expense reasonably incurred or expected to be incurred by the Board in the consideration of such application, including the cost of retaining environmental and other consultants, as deemed necessary by the Board of Trustees.

Recommendation of the ERB. Upon completion of its review of the application, the ERB shall submit its recommendations thereon to the Board of Trustees at its next regularly scheduled meeting. If further information is needed for the ERB to make its recommendations, the Chairman shall request such information directly from the applicant. The application shall be processed by the ERB as promptly as possible.

Determination by the Board of Trustees. The ERB shall make its recommendations to the Board of Trustees. The Village Board shall comply with all the provisions of the State Environmental Quality Review Act prior to the issuance of a permit pursuant to this Article.

No boat other than one belonging to the upland property owner and/or another resident of the Village may be moored at a dock, except that a guest of the owner may use such facility for a period of up to 48 hours. Dock space shall not be rented.

No mooring shall be placed on underwater land such as to cause a hazard to adjacent properties.

No gasoline or diesel fuel shall be stored on any dock.

No floodlights shall be installed on any floating part of a dock.

Docks shall not be stored during off-season on the beach of the uplandowner and, if stored on the upland property, must be stored at least 30 feet upland from the higher of mean high water line or the sea grass.

Any violation of this Article or any part thereof shall be punishable by a fine of not exceeding $250 for each offense. Each day that a violation continues shall be deed to be a separate offense.

Appropriate actions or proceedings may be taken at law or in equity to prevent any unlawful actions under this Article, or to restrain, correct or abate a violation thereof; and these remedies shall be in addition to the penalties prescribed in the preceding subsection.