A07002 Summary:

BILL NOA07002B
 
SAME ASSAME AS UNI. S04799-B
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
 
Grants authority to the village of Sag Harbor, county of Suffolk to regulate certain described waters bounding said village pursuant to the navigation law.
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A07002 Actions:

BILL NOA07002B
 
04/17/2015referred to transportation
06/10/2015amend and recommit to transportation
06/10/2015print number 7002a
01/06/2016referred to transportation
04/08/2016amend and recommit to transportation
04/08/2016print number 7002b
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A07002 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7002B
 
SPONSOR: Thiele
  TITLE OF BILL: An act to grant authority to the village of Sag Harbor, county of Suffolk to regulate certain described waters bounding said village pursuant to the navigation law   PURPOSE OR GENERAL IDEA OF BILL: To grant the Village of Sag Harbor jurisdiction in regulating beaches, establishing a vessel regulation zones, and regulating vessels in described waters which may be more than 1500 feet from shore.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Grants the Village of Sag Harbor, county of Suffolk the jurisdiction to (a) to regulate beaches pursuant to Section 45-b of the state navigation law, (b) establish a vessel regulation zone pursuant to section 46 of the state navigation law, (c) regulate vessels pursuant to section 46-a of the state navigation law; and (d) establish a vessel no discharge zone, including the regulation of grey water discharges, pursuant to subdivision 10 of Section 33-c of the Navigation Law, in the waters within or bounding the village described as follows: Beginning at the end north end of the breakwater N 4100.540/W 07217.682 thence north easterly to a point marked by navigation buoy 1 at N 4100.703/W 7217.538, continuing north easterly to a point marked by navigation buoy 11 at N 4100.850/W 7217.372, thence easterly to a point marked by navi- gation buoy 9A at N 4100.816/W 7217.114, thence easterly to a point marked by navigation buoy 9 at N 4100.831/W 7216.571, said buoy coor- dinates marking the south side of the navigation channel, thence to a point at Barcelona Point at N 4100.739/W 7200.885 and from that point thence along the shoreline, following the Sag Harbor Village boundary east to the point of land closest to the Village of North Haven, and from that point due east to the Sag Harbor and North Haven Village Navi- gation Law boundary line, equidistant in the water between the two Villages, thence northwards from that point, following said jurisdic- tional boundary and its direction, to the place of beginning. The village shall possess such jurisdiction, notwithstanding that a part of such waters may be more than fifteen hundred feet from shore. Section 2. Protects the rights which the Trustees of the Freeholders and Commonalty of the Town of East Hampton may possess now or in the future, whether of ownership or management, concerning bottomlands within the area described in Section 1 of this act. With respect to areas expanded by this act that lie within the boundaries of the Town of East Hampton that were outside of the Village of Sag Harbor's jurisdiction prior to this act, any regulations which the Village of Sag Harbor shall enact regarding said area shall be uniform as between residents of the Village of Sag Harbor and the residents of the Town of East Hampton Section 3. Severability Clause Section 4. Effective Date   JUSTIFICATION: The Village of Sag Harbor's historic popularity as a sailing and boating destination continues to grow every year. There has been an exponential increase in the number and variety of transient vessels occupying the waters surrounding the Village which has led to a greater demand for anchoring and mooring locations. Under current Navigation Law, beaches, vessels and vessel regulation zones may only be regulated by a munici- pality up to a distance of 1500 feet from the shoreline. The particular area described in this legislation is very popular for temporary and seasonal anchoring; however it is an unregulated mooring location because it lies more than 1500 feet from shore. Boats, therefore, are haphazardly moored vessels, posing a safety hazard to fellow boaters, swimmers, and other watercraft users. This legislation is necessary to grant jurisdiction of the described area to Village of Sag Harbor so that a well-organized and regulated mooring field may be created to ensure the future safety and enjoyment of Sag Harbor's waters.   PRIOR LEGISLATIVE HISTORY: New Legislation, 2015   EFFECTIVE DATE: This act shall take effect immediately.
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A07002 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4799--B                                            A. 7002--B
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     April 17, 2015
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Local Government in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
          to  the  Committee  on  Transportation  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  recommitted  to the Committee on Transportation in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  grant  authority  to  the  village of Sag Harbor, county of
          Suffolk to regulate certain described  waters  bounding  said  village
          pursuant to the navigation law
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any  provision  of  law  to  the  contrary,
     2  except  when  prohibited  by  reason of the laws of the United States or
     3  section 130 of the town law,  the  village  of  Sag  Harbor,  county  of
     4  Suffolk is hereby granted jurisdiction to: (a) regulate beaches pursuant
     5  to section 45-b of the navigation law; (b) establish a vessel regulation
     6  zone  pursuant to section 46 of the navigation law; (c) regulate vessels
     7  pursuant to section 46-a of the navigation  law;  and  (d)  establish  a
     8  vessel  no  discharge  zone,  including  the  regulation  of  grey water
     9  discharges, pursuant to subdivision 10 of section 33-c of the navigation
    10  law, in the waters within or bounding the village described as  follows:
    11  Beginning  at the end north end of the breakwater N 4100.540/W 07217.682
    12  thence north easterly to a point marked  by  navigation  buoy  #1  at  N
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10221-03-6

        S. 4799--B                          2                         A. 7002--B
 
     1  4100.703/W  7217.538,  continuing  north  easterly  to a point marked by
     2  navigation buoy #11 at N 4100.850/W 7217.372, thence easterly to a point
     3  marked by navigation buoy #9A at N 4100.816/W 7217.114, thence  easterly
     4  to  a  point marked by navigation buoy #9 at N 4100.831/W 7216.571, said
     5  buoy coordinates marking the  south  side  of  the  navigation  channel,
     6  thence  to  a point at Barcelona Point at N 4100.739/W 7200.885 and from
     7  that point thence along the shoreline, following the Sag Harbor  Village
     8  boundary  east  to  the  point  of  land closest to the Village of North
     9  Haven, and from that point due east to the Sag Harbor  and  North  Haven
    10  Village  Navigation  Law boundary line, equidistant in the water between
    11  the two Villages, thence northwards  from  that  point,  following  said
    12  jurisdictional  boundary  and  its direction, to the place of beginning.
    13  The village shall possess such jurisdiction, notwithstanding that a part
    14  of such waters may be more than fifteen hundred feet from shore.
    15    § 2. This act shall not impair any rights which the  trustees  of  the
    16  freeholders  and commonality of the town of East Hampton may possess now
    17  or in the future, whether of ownership or management, concerning bottom-
    18  lands within the area described in section  one  of  this  act.  To  the
    19  extent said expanded area lies within the boundaries of the town of East
    20  Hampton,  and  outside of the village of Sag Harbor's jurisdiction prior
    21  to this act, any regulations which the  village  shall  enact  regarding
    22  said area shall be uniform as between residents of the village and resi-
    23  dents of the town of East Hampton.
    24    §  3.  Severability. The provisions of this act shall be severable and
    25  if any portion thereof or the applicability thereof  to  any  person  or
    26  circumstances  shall  be held invalid, the remainder of this act and the
    27  application thereof shall not be affected thereby.
    28    § 4. This act shall take effect immediately.
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