Yorktown City Zoning Code
ARTICLE XXVII
Lake Mohegan
§ 300-224 Purpose and intent.
A.
The Town of Yorktown has always been strongly committed to protect and enhance its natural resources. One of the many natural resources of which this Town is endowed with is Lake Mohegan.
B.
Lake Mohegan historically was used as a summer resort, and along its shores are numerous neighborhood lake associations which provide area residents with access to and use of Lake Mohegan. The remainder of the Lake Mohegan shoreline is made up of private lots both improved and unimproved. A majority of the private shoreline lots are small twenty- to twenty-five-foot strips known as "dock lots."
C.
Historically, these dock lots were created prior to the adoption of a comprehensive zoning ordinance being in place. Presently, the Town Code of the Town of Yorktown does not regulate the creation of dock lots. The Town Code only controls the subdivision of land for purposes of creating building lots. The creation of dock lots therefore is still unregulated.
D.
It is the intent and purpose of this article to regulate and control the further creation of dock lots along the shore of Lake Mohegan. Further, it is the intent and purpose of this article to regulate the granting of access to Lake Mohegan whether by the subdivision of lots into dock lots or by the granting of easements over lake shore property.
E.
It is a finding that the continued unregulated granting of lake access will significantly impact the lake environment and adversely impact the sensitive ecology of Lake Mohegan as well as the character of the Lake Mohegan neighborhood. Accordingly, the purpose of this article is to prevent any person from undertaking any new land use, development and/or subdivision of land that involves any shoreline of Lake Mohegan, except in compliance with the shoreline use and development restrictions outlined below.
§ 300-225 Applicability.
For the purposes of this section, any lot, parcel or site that adjoins a shoreline, includes a shoreline or, in whole or in part, is located at or within 100 feet of the shoreline and any land use development or granting of access over, on, in and through such a lot, parcel site should be deemed to involve the shoreline and the use, development and granting of access over, on, in and through such lot, parcel or site shall be subject to the regulations herein.
§ 300-226 Definitions.
For purposes of this article, words and phrases used shall be interpreted to have the meaning they have in common English usage unless defined below:
The granting of access to Lake Mohegan over, above, in, through and on land abutting Lake Mohegan. Contractual access may take the form of granting easements and/or rights to use Lake Mohegan from shoreline property. For purposes of this article granting of an easement to all individual or as part of the rights to use or own off-shore property shall be considered a grant of contractual access.
Lots existing or to be created, the purpose of which is to provide access to Lake Mohegan.
The granting in fee simple of a portion of a lot in order to provide access to Lake Mohegan.
§ 300-227 Subdivision restricted.
Further subdivision of lakefront property for purposes of granting access and/or creating dock lots and the further granting of contractual access shall be restricted as follows:
A.
Minimum lakeshore frontage per dock lot shall be 50 feet.
B.
Minimum lakeshore frontage per grant of contractual access shall be 50 feet, except when the same is granted pursuant to membership in an existing lake association and/or when the same is granted pursuant to a newly formed lake association approved by the Planning Board.
C.
All divisions and/or conveyances of property in order to create a dock lot or in order to grant contractual access to Lake Mohegan shall be approved by the Planning Board. Any such subdivision or grant of contractual access may be denied, approved or approved with conditions by the Planning Board pursuant to the regulations adopted by the Planning Board.
§ 300-228 Development restrictions.
B.
The removal of vegetation shall be restricted as per Chapter 178 of the Yorktown Town Code, except the same shall apply to a distance of 150 feet from the shoreline.
C.
The use of inorganic fertilizers shall be prohibited on all lakefront properties and an all land within 200 feet of the shoreline.