The Village Board of Trustees hereby finds that for ecological, public enjoyment, public navigation, aesthetic, visual and public health, safety and welfare reasons, the coastal areas of the Village of Lloyd Harbor must be protected.

As recreational boating has grown in popularity, there has been a concomitant and increasing demand for dock and mooring facilities, both public and private. The Village of Lloyd Harbor has not been exempt from this trend. The Village contains no commercial docking facilities; however, the increase in residential development along its shoreline has led to an increase in the number of applications for the construction of private docks.

The harbor of Lloyd Harbor and Lloyd Point are State of New York designated significant coastal fish and wildlife habitats. All of the shoreline of Lloyd Harbor has also been designated a critical environmental area (CEA) by the Village of Lloyd Harbor in accordance with the New York State Environmental Quality Review Act (SEQRA).[1]

Docks located in open water (and any boats moored to such docks) are exposed to increased damage from severe storms, thus creating pressure to establish docks and piers in protected waters such as the harbor of Lloyd Harbor. Inlets are more protected from storms but are often tidal habitats for birds, fish and other wildlife. Development in small harbor areas often impacts and degrades the very resources upon which this development depends. The water quality in such harbors deteriorates, the bird, fish and other wildlife habitats are thereby adversely impacted and the wildlife is therefore threatened. Locating docks (and boats) in these areas can cause significant damage to habitats and wildlife.

In addition to the other significant values of wildlife habitat areas, habitat areas and waterfront areas, in general, have significant value for their scenic qualities. A proliferation of docks and their associated boats causes overcrowding of waterfronts and waterbodies and can result in visual pollution, depending upon the number, location, size, height, length and design of the docks.

Docks which are long enough to reach water of sufficient depth for large boats can be hazardous to navigation if they encroach upon a navigational channel or if they draw boats into shoals because of their presence. Long docks can also be an impediment to the enjoyment of recreational boaters and anglers who desire to navigate along the shoreline. Docks acting as barriers along the water's edge also keep pedestrians from enjoying the waterfront. The desire for the construction of docks and other structures must be weighed against the environmental value and sensitivity of the waterfront and against the rights of the boating public to navigate, the rights of the community and public to walk along the foreshore and the rights of the community and general public to be protected from visual pollution. The Board of Trustees finds that private rights should not supersede those of the public and that an appropriate balance must be achieved between property owner desires to access the water and the protection of the public trust relating to the enjoyment of waters and foreshore in the Village.

Private docks, piers, bulkheads, revetments or other major shoreline construction may be located in the COD-1 upon review and approval from the Planning Board and the issuance of a building permit by the Building Inspector if the Planning Board determines that such structure will not provoke any of the adverse effects enumerated in § 205-102 and Subsection A and if the structure is a dock that the Planning Board further determines that the dock would meet all of the following conditions:

After approval by the Planning Board: