[HISTORY: Comes from L.L.
No. 54-1991, adopted 8-13-1991, effective 8-19-1991.]
GENERAL REFERENCES
Environmental quality review — See Ch. 154.
Dredging — See Ch. 159.
Marines and docks — See Ch. 163.
Public wetlands preservation — See Ch. 164.
Freshwater wetlands — See Ch. 165.
Dune protection zone — See Ch. 167.
Structures in waterways — See Ch. 168.
[1]
Editor's Note: Former Ch. 170, entitled “Woodmere Dock,”
adopted 8-15-1944 by Ord. No. 10, was repealed 2-25-1969 by L.L. No.
5-1969.
This Chapter shall be known as the "Town of Hempstead Coastal
Erosion Hazard Area Law."
The Town of Hempstead hereby assumes the responsibility and
authority to implement and administer a Coastal Erosion Management
Program within its jurisdiction pursuant to Article 84 of the New
York State Environmental Conservation Law. It is the purpose of this
chapter to:
A.
Establish standards and procedures for minimizing and preventing
damage to structures from coastal flooding and erosion and to protect
natural protective features and other natural resources.
B.
Regulate, in coastal areas subject to coastal flooding and erosion,
land use and development activities so as to minimize or prevent damage
or destruction to man-made property, natural protective features and
other natural resources and to protect human life.
C.
Regulate new construction or placement of structures in order to
place them a safe distance from areas of active erosion and the impacts
of coastal storms to ensure that these structures are not prematurely
destroyed or damaged due to improper siting, as well as to prevent
damage to natural protective features and other natural resources.
D.
Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in erosion
hazard areas.
E.
Regulate the construction of erosion protection structures in coastal
areas subject to serious erosion to assure that, when the construction
of erosion protection structures is justified, their construction
and operation will minimize or prevent damage or destruction to man-made
property, private and public property, natural protective features
and other natural resources.
The Town of Hempstead finds that the coastal erosion hazard
area:
A.
Is prone to erosion from action of the Atlantic Ocean. Such erosion
may be caused by the action of waves, currents running along the shore
and wind-driven water and ice. Such areas are also prone to erosion
caused by the wind, runoff or rainwater along the surface of the land
or groundwater seepage, as well as by human activities such as construction,
navigation and certain forms of recreation.
B.
Experiences coastal erosion which causes extensive damage to publicly
and privately owned property and to natural resources as well as endangering
human lives. When this occurs, individuals and private businesses
suffer significant economic losses, as do the Town and the state economies,
either directly through property damage or indirectly through loss
of economic return. Large public expenditures may also be necessitated
for the removal of debris and damaged structures and replacement of
essential public facilities and services.
C.
Experiences erosion-related problems that are often contributed to
by man's building without considering the potential for damage
to property, by undertaking activities which destroy natural protective
features such as dunes or vegetation, by building structures intended
for erosion prevention which may exacerbate erosion conditions on
adjacent or nearby property and by water action produced by wakes
from boats.
D.
Is the subject of programs which foster erosion protection structures,
either with private or public funds, which are costly, often only
partially effective over time and may even be harmful to adjacent
or nearby properties. In some sections of the Town, major erosion
protection structures of great length would be required to effectively
reduce future damages due to erosion.
As used in this chapter, the following words or phrases shall
have the meanings annexed to each:
An island bordering on the Atlantic Ocean and entirely surrounded
by water.
The zone of unconsolidated earth that extends landward from
the mean low-water line to the waterward toe of a dune. Where no dune
exists landward of a "beach," the landward limit of a "beach" is 100
feet landward from the place where there is a marked change in material
or physiographic form or from the line of permanent vegetation, whichever
is most waterward. Shorelands subject to seasonal or more-frequent
overwash or inundation are considered to be "beaches."
Sand fences erected each fall as directed by the Commissioner
for the specific purpose to catch and hold windblown sand on the usable
portion of the beach face which would otherwise be lost from year
to year and which "beach fences" and accumulations are removed each
spring to allow free and easy access to such recreational portion
of each beachfront.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
The final map and any amendments thereof, issued by the Commissioner
of the New York State Department of Environmental Conservation, which
delineates boundaries of coastal erosion hazard areas subject to regulation
under this chapter.
The land adjacent to the Town's coastal waters is the
"coastline." "Coastal waters" are the Atlantic Ocean and its connecting
water bodies of East Rockaway and Jones Inlets to its bays, harbors,
shallows and marshes.
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead, the local official responsible for administering
and enforcing this chapter.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
The Department of Conservation and Waterways of the Town
of Hempstead.
A natural accumulation of loose windblown sand forming a
hill or ridge parallel to the shoreline.
A formation of windblown sand accumulation or artificially
placed material, the principal component of which is sand, over specially
erected fencing patterns specifically installed for the purpose of
creating or expanding a protective feature parallel to the shoreline.
A sand fence erected in a designated directional orientation
by the Commissioner for the specific purpose of creating or enhancing
dunes as protective shoreline features. These fences are permanent
and not permitted to be disturbed or removed without a permit pursuant
to this chapter.
Includes all of the barrier beach within 500 feet landward
of the mean high-water line, except as otherwise provided in this
chapter.
The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water or other impacts
of storms. It shall also mean the loss or displacement of land due
to the action of wind, runoff of surface waters or groundwaters or
groundwater seepage.
An area of the coastline which is a structural hazard area
or a natural protective feature area.
A structure specifically designed to reduce or prevent long-term
erosion, such as a groin, jetty, revetment, breakwater or artificial
beach nourishment project.
A structure and appurtenances in existence or one where construction
has commenced or one where construction has not begun but for which
a building permit has been issued prior to the effective date of this
chapter.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
Long Island.
An addition to a structure resulting in a 25% or greater
increase in the ground area coverage of the structure other than an
erosion protection structure or a pier, dock or wharf. The increase
will be calculated as the ground area coverage to be added, including
any additions previously constructed under a coastal erosion management
permit, divided by the ground area coverage of the existing structure,
as defined herein.
The approximate average highwater level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels based upon Nassau County datum.
The approximate average low-water level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
A change in size, design or function.
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use. Mobile homes and structures
built on skids or piles and not having a permanent foundation are
examples of "movable structures."
A nearshore area, beach, primary dune, secondary dune or
marsh, and their vegetation.
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosion or high water or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
Those lands under water beginning at the mean low-water line
and extending waterward in a direction perpendicular to the shoreline
to a point where the mean low-water depth is 15 feet or to a horizontal
distance of 1,000 feet from the mean low-water line, whichever is
greater.
Includes but is not limited to periodic regrading; cleaning;
adding and removing sand fencing; smoothing out winter sand accumulation;
cleaning windblown sand from walks, fences, walls and under boardwalks;
debris removal; and installation of wooden boardwalks, lifeguard telephone
communications, lifeguard chair mounds and vehicle emergency routes.
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of a functioning structure. A functioning structure is one which is
fully performing as originally designed at the time that normal maintenance
is scheduled to begin. Normal maintenance of a structure does not
require a coastal erosion management permit.
The Director of the Conservation Division of the Department of Conservation and Waterways or any other person so designated by the Commissioner. The powers and duties of this position are more fully described in § 170-17.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust estate or any other legal entity whatsoever.
The most waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally, one or more relatively
small dune formations exist waterward of the "primary dune." These
smaller formations will be considered to be part of the "primary dune"
for the purposes of this chapter. The waterward limit of a "primary
dune" is the landward limit of its fronting beach. The landward limit
of the "primary dune" is 25 feet landward of its landward toe.
The most landward line of active erosion or, in cases where
there is no discernible line of active erosion, the most waterward
line of permanent vegetation.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
The construction, modification, restoration or placement
of a structure or major addition to a structure or any action or use
of land which materially alters the condition of land, including grading,
excavating, dumping, mining, dredging, filling or other disturbance
of soil.
The reconstruction, without modification, of a structure,
the cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modification, however,
may be allowed if it does not exceed preexisting size limits and is
intended to mitigate impacts to natural protective features and other
natural resources. Reconstruction of or repair to preexisting dune
structures is required to reinstate the continuance of the natural
protective features.
The major dune immediately landward of the primary dune.
The waterward limit of a "secondary dune" is the landward limit of
its fronting primary dune. The landward limit of a "secondary dune"
is 25 feet landward of its landward toe.
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population; support rare
or endangered species; are found at a very low frequency within a
geographic area; support fish or wildlife populations having significant
commercial or recreational value; or would be difficult or impossible
to replace. Such habitats frequented by nesting endangered wildlife
species are to be posted and, where possible, fenced to ensure protection
of the eggs and young.
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate
of one foot or more per year. The inland boundary of a "structural
hazard area" is calculated by starting at the landward limit of the
fronting natural protective feature and measuring, along a line perpendicular
to the shoreline, a horizontal distance landward which is 40 times
the long-term average annual recession rate.
Any object constructed, installed or placed in, on or under
land or water, including but not limited to a building; permanent
shed; deck; inground or aboveground pool; garage; mobile home; road;
public-service distribution, transmission or collection system; tank;
dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment;
artificial beach nourishment; or any addition to or alteration of
the same.
Temporary sand fences erected across the beach face in a
prescribed manner by the Commissioner from October until April of
the following year, whereupon such sand fences or temporary erosion
control structures are removed and sand accumulations spread out in
an east-to-west direction.
The lowest surface point on a slope face of a dune or beach.
Excepted activities which are not regulated by this chapter
include but are not limited to elevated walkways or stairways constructed
solely for pedestrian use and built by an individual property owner
for the limited purpose of providing noncommercial access to the beach;
docks, piers, wharves or structures built on floats, columns, open
timber piles or other similar openwork supports with a top surface
area of less than 200 square feet or which are removed in the fall
of each year; normal beach grooming or cleanup; maintenance of structures
when normal and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas in order to maintain
or increase the height and width of dunes; and normal beach maintenance
activities, which include regrading of winter sand accumulation on
beach fences, cleaning windblown accumulations of sand from walks,
fences, walls and under boardwalks or other elevated structures and
installation of wooden boardwalks, lifeguard telephone communications,
lifeguard chair mounds and vehicle emergency routes; however, implementation
of practices will not be construed to include any activity that involves
the construction or placement of a structure.
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the coastal erosion hazard area. Such vegetation may include such
species as:
American beach grass: Ammophila breviligulata.
Panic grass: Panicum amarum.
Virginia creeper: Parthenociasus quinquefolia.
False heather: Hudsonia tormentosa.
Sea rocket: Cakile edentula.
Beach pea: Lathyrus japonicus.
Spurge: Euphorbia polygorifolia.
Dusty miller: Artemisia stelleriana.
Rugosa rose: Rosa rugosa.
Northern bayberry: Myrica pennsylvanica.
Beach plum: Prunus martinima.
Shore juniper: Juniperus conferta.
Japanese black pine: Pinus thunbergii.
A.
The coastal erosion hazard area is hereby established to classify
land and water areas within the Town of Hempstead based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the area are established on the final map prepared by
the New York State Department of Environmental Conservation under
§ 34-0104 of the New York State Environmental Conservation
Law and entitled "Coastal Erosion Hazard Area Map of the Town of Hempstead,"
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to § 34-0104
of the New York State Environmental Conservation Law.
B.
The dune protection zone shall be hereafter established by the Commissioner
of the Department of Conservation and Waterways of the Town of Hempstead.
This zone shall include all of the barrier beach within 500 feet landward
of the mean high-water line, except as otherwise provided in this
chapter.
C.
The landward extremity of the dune protection zone at beach widths
exceeding 500 feet landward of the mean high-water line shall include
all adjacent dunes landward of the beach.
D.
The landward extremity of the dune protection zone at beach widths
not presently extended to established dunes shall instead extend from
the mean high-water line at oceanside landward to existing buildings
on public or private property or to public highways if no buildings
exist between the ocean beach and the public highways or landward
to the coastal erosion hazard area.
E.
The boundaries of the dune protection zone shall be defined by lines
drawn on a topographic map which shall be prepared by the Department
of Conservation and Waterways of the Town of Hempstead and filed with
the Town Clerk of the Town of Hempstead. Notice of alterations in
the dune protection line shall be filed with the Town Clerk of the
Town of Hempstead. The procedure for altering a dune protection line
shall be the same as that provided by this section for the original
designation of such a line.
A.
No person may engage in any regulated activity in an erosion hazard
area, as depicted on the Coastal Erosion Hazard Area Map, or dune
protection zone of the Town of Hempstead, as amended, without first
obtaining a coastal erosion management permit. No coastal erosion
management permit is required for unregulated activities.
B.
General standards. A coastal erosion management permit will be issued
only with a finding by the permit administrator of the Department
of Conservation and Waterways of the Town of Hempstead that the proposed
regulated activity:
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(1)
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed activity
requires a shoreline location.
(2)
Is not likely to cause a measurable increase in erosion at the proposed
site and at other locations.
(3)
Prevents, if possible, or minimizes adverse effects on natural protective
features and their functions and protective values, existing erosion
protection structures and natural resources.
The following restrictions apply to regulated activities within
structural hazard areas:
A.
A coastal erosion management permit is required for the installation
of public-service distribution, transmission or collection systems
for gas, electricity, water or wastewater systems installed along
the shoreline and must be located landward of the shoreline structures.
B.
The construction of nonmovable structures or the placement of major
nonmovable additions to an existing structure within the dunes or
seaward of the landward edge of the erosion hazard area line is prohibited.
C.
No permanent structure may be located seaward of the local erosion
hazard area line.
D.
Plans for landward location of movable structures must be included
with each application for a permit.
(1)
The last owner of record, as shown on the latest assessment roll,
is responsible for removing that structure and its foundation, unless
a removal agreement was attached to the original coastal erosion management
permit.
(2)
With the attachment of a removal agreement to the coastal erosion
management permit, the landowner or the signator is responsible for
the landward relocation of movable structures. Removal agreements
may be made when the last owner of record and the owner of the structure
are different, with the approval of the Town, at the time the permit
is issued.
(3)
Debris from structural damage which may occur as a result of sudden
unanticipated dune migration or wave action must be removed within
60 days of the damaging event.
E.
Any grading, excavation or other soil disturbance conducted within
a structural hazard area is prohibited without a coastal erosion management
permit from the permit administrator.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
A.
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches or dunes by causing waves to collapse or
break. Nearshore areas also function as reservoirs of sand, gravel
and other unconsolidated material for beaches. Sandbars which are
located in nearshore areas control the orientation of incoming waves
which helps to protect shorelines during winter storms. The roots
of aquatic vegetation in nearshore areas bind fine grained silts,
clays, and organic matter to form a fairly cohesive bottom that resists
erosion.
B.
The following restrictions apply to regulated activities in nearshore
areas:
(1)
Excavating, grading, mining or dredging which diminishes the erosion
protection afforded by the nearshore area is prohibited, except for
construction or maintenance of navigation channels, bypassing sand
around natural and man-made obstructions and artificial beach nourishment,
all of which require a coastal erosion management permit.
(2)
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within nearshore areas.
Any deposition will require a coastal erosion management permit, which
may be issued only for expansion or stabilization of beaches.
(3)
Active bird nesting and breeding areas must not be disturbed unless
such disturbance is pursuant to a specific wildlife management activity
approved, in writing, by the New York State Department of Environmental
Conservation and by the Town of Hempstead's Commissioner of Conservation
and Waterways.
(4)
All development is prohibited on nearshore areas unless specifically
provided for by this chapter.
A.
Beaches buffer shorelands from erosion by absorbing wave energy that
otherwise would be expended on the toe of dunes. Beaches that are
high and wide protect shorelands from erosion more effectively than
beaches that are low or narrow. Beaches also act as reservoirs of
sand or other unconsolidated material for longshore littoral transport
and offshore sandbar and shoal formation.
B.
The following restrictions apply to regulated activities in beach
areas:
(1)
Excavating, grading or mining which diminishes the erosion protection
afforded by beaches is prohibited.
(2)
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within beach areas. Any
deposition will require a coastal erosion management permit, which
may be issued only for expansion or stabilization of beaches.
(3)
Active bird nesting and breeding areas must not be disturbed unless
such disturbance is pursuant to a specific wildlife management activity
approved, in writing, by the New York State Department of Environmental
Conservation and by the Town of Hempstead's Commissioner of Conservation
and Waterways.
(4)
All development is prohibited on beaches unless specifically provided
for by this chapter.
(5)
It shall be unlawful for any person, firm, corporation or municipality
to operate or direct the operation of a vehicle of any description
within the erosion hazard area except as necessary for erosion control
purposes and with the approval of the Commissioner of the Department
of Conservation and Waterways.
(7)
No person, firm, corporation, association or municipality which falls
within the jurisdiction of the Town of Hempstead's erosion hazard
area may excavate, remove or permit to be removed any sand from the
beach being a part of the Long Beach barrier island without a coastal
erosion management permit.
(8)
The provisions of these rules and regulations shall not apply to
normal beach maintenance for beaches under the jurisdiction of the
Town of Hempstead.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(9)
The restoration of existing structures on beaches that are damaged
or destroyed by events not related to coastal flooding and erosion
may be undertaken without a coastal erosion management permit.
A.
Dunes prevent overtopping and store sand for coastal processes. High,
vegetated dunes provide a greater degree of protection than low, unvegetated
ones. Dunes are of the greatest protective value during conditions
of storm-induced high water. Because dunes often protect some of the
most biologically productive areas as well as developed coastal areas,
their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beach
grass or other vegetation on the dunes, the use of specialized sand
fencing and the assurance of a supply of nourishment sand to the dunes.
B.
The following restrictions apply to regulated activities in dune
areas:
(1)
In primary dune areas and in dune protection zone areas:
(a)
Excavating, grading or mining of dunes is prohibited.
(b)
Relocating or manipulation of any sand dune or portion thereof
within the dune area without a coastal erosion management permit is
prohibited.
(c)
Dune creation requires a coastal erosion management permit.
(d)
Clean sand of a compatible type and size is the only material
which may be deposited. Any deposition requires a coastal erosion
management permit.
(e)
All depositions must be vegetatively stabilized using species
tolerant of the conditions at the site in conjunction with specialized
dune fencing, which must be placed so as to increase the size of or
to restore a dune or dune area. Such vegetation shall not be removed
or destroyed, except that certain species of vegetation may be removed
from or planted in the dune areas specifically for erosion control
purposes if authorized by the permit administrator and regulated by
a coastal erosion management permit.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(f)
The provisions of § 136-2 of the Code of the Town of Hempstead regarding the posting of notices to the contrary notwithstanding, when signs are posted within any dune area which convey the understanding that every person, firm or public or private corporation shall not trespass upon and shall keep off the dunes, for purposes of this section, "trespass" shall mean to transgress, cross, intrude, go upon, injure or damage with violence, either actual or implied.
(g)
Active bird nesting and breeding areas, whether or not posted,
fenced or in some way delineated, must not be disturbed unless such
disturbance is pursuant to a specific wildlife management activity
approved, in writing, by the New York State Department of Environmental
Conservation and by the Town of Hempstead's Commissioner of Conservation
and Waterways.
(h)
Access by pedestrians and official vehicles through the dune
area shall be by elevated access structure only. Each elevated access
structure must have a minimum clearance of three feet over the top
of the dune structure. Such structures may be modified or changed
subject to a coastal erosion management permit.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(i)
No person may be allowed to excavate any portion of a dune structure
for the purpose of providing access to the beach without a coastal
management permit.
(j)
Nonmajor additions to existing structures are allowed on primary
dunes and dune protection zone areas pursuant to a coastal erosion
management permit and subject to permit conditions concerning the
location, design and potential impacts of the structure on the dune.
(k)
Stone revetments or other erosion protection structures compatible
with dunes will only be allowed at the waterward toe or primary dunes
and must not interfere with the exchange of sand between the dunes
and their fronting beaches.
(2)
In secondary dune areas:
(a)
All depositions must be of clean sand of a compatible type and
size, and all grading must be performed so as to increase the size
of or restore a dune or former dune area.
(b)
Excavating, grading or mining must not diminish the erosion
protection afforded by them.
(c)
Secondary dune creation requires a coastal erosion management
permit.
(d)
Nonmajor additions to existing structures are allowed on secondary
dunes pursuant to a coastal erosion management permit.
(e)
Permitted construction, reconstruction, restoration or modifications
must be built on adequately anchored pilings such that at least three
feet of open space exists between the floor joists and the surface
of the secondary dune; and the permitted activity must leave the space
below the lowest horizontal structural members free of obstructions.
(f)
Relocating or manipulation of any sand dune or portion thereof
within the secondary dune area without a coastal erosion management
permit is prohibited.
(g)
Dune vegetation shall not be removed or destroyed, except that
certain species of vegetation may be removed from or planted in the
secondary dune areas specifically for erosion control purposes, unless
authorized by the permit administrator and regulated by a coastal
erosion management permit.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(h)
The provisions of § 136-2 of the Code of the Town of Hempstead regarding the posting of notices to the contrary notwithstanding, when signs are posted within any dune area which convey the understanding that every person, firm or public or private corporation shall not trespass upon and shall keep off the dunes, for purposes of this section, "trespass" shall mean to transgress, cross, intrude, go upon, injure or damage with violence, either actual or implied.
(i)
Active bird nesting and breeding areas, whether or not posted,
fenced or in some way delineated, must not be disturbed unless such
disturbance is pursuant to a specific wildlife management activity
approved, in writing, by the New York State Department of Environmental
Conservation and by the Town of Hempstead's Commissioner of Conservation
and Waterways.
(j)
Access by pedestrians and official vehicles through the secondary
dune area shall be by elevated access structures only. Each elevated
access structure must have a minimum clearance of three feet over
top of the dune structure. Such structure may be modified or changed
subject to a coastal erosion management permit.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(k)
No person may be allowed to excavate any portion of a dune structure
for the purpose of providing access to the beach without a coastal
erosion management permit.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(l)
The restoration of existing structures in dune areas that are
damaged or destroyed by events not related to coastal flooding and
erosion may be undertaken without a coastal erosion management permit
but is subject to all applicable building zone regulations.
The following requirements apply to the construction, modification
or restoration of erosion protection structures:
A.
The construction, modification or restoration of erosion protection
structures must:
(1)
Not be likely to cause a measurable increase in erosion at the development
site or at other locations.
(2)
Minimize and, if possible, prevent adverse effects upon natural protective
features, existing erosion protection structures and natural resources
such as significant fish and wildlife habitats.
B.
All erosion protection structures must be designed and constructed
according to generally accepted engineering principles which have
demonstrated success or, where sufficient data is not currently available,
a likelihood of success in controlling long-term erosion. The protective
measures must have a reasonable probability of controlling erosion
on the immediate site for at least 30 years.
C.
All materials used in such structures must be durable and capable
of withstanding inundation, wave impacts, weathering and other effects
of storm conditions for a minimum of 30 years. Individual component
materials may have a working life of less than 30 years only when
a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
D.
A long-term maintenance program must be included with every permit
application of construction, modification or restoration of an erosion
protection structure. The maintenance program must include specifications
for normal maintenance of degradable materials. To assure compliance
with the proposed maintenance programs, a bond may be required.
E.
Short-term erosion protection structures or sand fences must be erected
by every owner of real property bordering the Atlantic Ocean on the
Long Island barrier island between the period of October and April
of each year to within 50 feet of the mean high-water mark, each fence
being not less than four feet high and composed of vertical slats
of the type commonly known as "snow fence" or "sand fence" or equivalent
product in sufficient quantity to catch and hold sand drifting or
blowing from the beach. Such fencing shall be erected in an appropriate
direction as prescribed by the Commissioner to ensure the capture
of the greatest amount of sand.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
All motorized and nonmotorized traffic must comply with the
following restrictions:
A.
Motor vehicles must not travel on vegetation, must operate waterward
of the debris line and, when no debris line exists, must operate waterward
of the waterward toe of the primary dune.
B.
Motor vehicle traffic is prohibited on all dunes, except for officially
designated crossing areas.
C.
Pedestrian passage across dunes must utilize elevated walkways and
stairways or other specially designed dune-crossing structures.
D.
All vehicles approved for use on coastal erosion management areas
must be equipped with four-wheel drive and flotation tires.
E.
All unnecessary vehicular traffic not associated with specific management
tasks is prohibited.
A.
Applicability. The requirements of this chapter do not apply to emergency
activities that are necessary to protect public health, safety or
welfare, including preventing damage to natural resources. Whenever
emergency activities are undertaken, damage to natural protective
features and other natural resources must be prevented, if possible,
or minimized.
B.
Notification to Commissioner. The Commissioner of the Department
of Conservation and Waterways of the Town of Hempstead must be notified,
in writing, by the person responsible for taking the emergency measures
within two working days from the commencement of an emergency measure
and a description of the problem and activities provided. The description
must be in written form, outline the public health or safety or resource
for which protection was sought and relate the measures which were
taken to secure the protection.
C.
Improper or insufficient notification. If the Commissioner of the
Department of Conservation and Waterways of the Town of Hempstead
determines that a regulated activity has been undertaken without a
coastal erosion management permit and does not meet the emergency
activity criteria, then the Commissioner will order the immediate
cessation of the activity. In addition, the Commissioner may require:
A.
Coastal Erosion Hazard Review Board.
(1)
There hereby is constituted in the Town of Hempstead the Coastal
Erosion Hazard Review Board, which is comprised of three permanent
members who shall be the Commissioners of the Departments of Parks
and Recreation, Buildings and Engineering.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
(2)
Such Coastal Erosion Hazard Review Board shall hear and decide appeals
from and review any order, requirement, decision or determination
made by the administrative official charged with the enforcement of
this chapter. It shall also hear and decide all matters referred to
it or upon which it is required to pass under this chapter. The concurring
vote of a majority of the members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official or to decide in favor of the applicant
any matter upon which it is required to pass under this chapter or
to effect any variation in this chapter. Such appeal may be taken
by any person aggrieved or by an officer, department, board or bureau
of the Town.
(3)
Such appeal shall be taken within such time as shall be prescribed
by the Coastal Erosion Hazard Review Board by general rule, by filing
with the officer from whom the appeal is taken and with the Coastal
Erosion Hazard Review Board a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
(4)
The Coastal Erosion Hazard Review Board shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and give
public notice thereof by publication, in the official paper, of a
notice of such hearing at least five days prior to the date thereof
and, at least five days before such hearing, shall mail notices thereof
to the parties and to the regional State Park Commission having jurisdiction
over any state park or parkway within 500 feet of the property affected
by such appeal and shall decide the same within 60 days after the
final hearing. Upon the hearing, any party may appear in person or
by agent or by attorney. The Coastal Erosion Hazard Review Board may
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and shall make such order,
requirement, decision or determination as, in its opinion, ought to
be made in the premises and to that end shall have all the powers
of the officer from whom the appeal is taken. Where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of such ordinances, the Coastal Erosion Hazard Review
Board shall have the power, in passing upon appeals, to vary or modify
the application or any of the regulations or provisions of this chapter
relating to the use, construction or alteration of buildings or structures
or the use of land so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done.
(5)
Upon a motion initiated by any member and adopted by the unanimous
vote of the members present, but not less than a majority of all the
members, the Coastal Erosion Hazard Review Board shall review at a
rehearing, held upon notice given as upon an original hearing, any
order, decision or determination of the Board not previously reviewed.
Upon such rehearing, and provided that it shall then appear that the
rights vested prior thereto in persons acting in good faith in reliance
upon the order, decision or determination reviewed will not be prejudiced
thereby, the Board, upon the concurring vote of all of the members
then present, may reverse, modify or annul its original order, decision
or determination.
(6)
Any person or persons jointly or severally aggrieved by any decision
of the Coastal Erosion Hazard Review Board or any officer, department,
board or bureau of the Town may apply to the Supreme Court for review
by a proceeding under Article 78 of the Civil Practice Law and Rules
of the State of New York. Such proceeding shall be instituted within
30 days after the filing of a decision in the office of the Town Clerk.
The Court may take evidence or appoint a referee to take such evidence
as it may direct and report the same with his findings of fact and
conclusions of law if it shall appear that testimony is necessary
for the proper disposition of the matter. The Court itself at Special
Term shall dispose of the cause on the merits, determining all questions
which may be presented for determination.
B.
Fees. Each variance request must be accompanied by the required fee
or fees as established by the Town Board under separate resolution.
C.
Expiration. Any construction activity allowed by a variance granted
by the Coastal Erosion Hazard Review Board must be completed within
one year from the date of approval or approval with modifications
or conditions. Variances expire at the end of this one-year period
without further hearing or action by the Coastal Erosion Hazard Review
Board.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
Coastal erosion management permits. A coastal erosion management permit will be issued for regulated activities which comply with the general standards under § 170-6B and the restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A.
The application for a coastal erosion management permit must be made
upon the form provided by the Department of Conservation and Waterways
of the Town of Hempstead and must include the following minimum information:
(1)
A description of the proposed activity.
(2)
A map, drawn to a scale no smaller than 1:24,000, showing the location
of the proposed activity with regard to the local coastal erosion
hazard area delineation line.
(3)
Any additional information the Commissioner or permit administrator
may require to properly evaluate the proposed activity.
B.
Each application for a coastal erosion management permit must be
accompanied by the required fee or fees as established by the Town
Board under separate resolution.
C.
Permits will be issued by and bear the name and signature of the
permit administrator of the Department of Conservation and Waterways
of the Town of Hempstead and will specify:
(1)
The activity or operation for which the permit is issued.
(2)
The address or location where the activity or operation is to be
conducted.
(3)
The name and address of the permittee.
(4)
The permit number and the date of issuance.
(5)
The period of permit validity. If not otherwise specified, a permit
will expire one year from the date of issuance.
(6)
The terms and conditions of the approval.
D.
When more than one coastal erosion management permit is required
for the same property or premises under this chapter, a single permit
may be issued listing all activities permitted and any conditions,
restrictions or bonding requirements. Revocation of a portion or portions
of such consolidated permits will not invalidate the remainder.
E.
A coastal erosion management permit may be issued with such terms
and conditions as are necessary to ensure compliance with the policies
and provisions of Article 34 of the Environmental Conservation Law
of the State of New York, the coastal erosion management regulations
implementing Article 34, 6 NYCRR 505, and the laws and policies of
the Town.
F.
When an application is made for a coastal erosion management permit,
variance thereto or other form of approval required by this chapter
and such activity is subject to other permit, variance, hearing or
application procedures required by another federal, state or local
regulatory agency pursuant to any federal, state or local law or ordinance,
the Commissioner of Conservation and Waterways shall, at the request
of the applicant, consolidate and coordinate the application, permit,
variance and hearing procedures, as required by each regulatory agency,
into a single, comprehensive hearing and review procedure. However,
nothing contained in this section shall be deemed to limit or restrict
any regulatory agencies, which are properly a party to such a consolidated
review proceeding, from the independent exercise of such discretionary
authority with respect to the issuance, denial or modification of
such permits, variances or other forms of approval as they may have
been granted by law.
The Town may require a bond or other form of financial security.
Such bond or security must be in an amount with such surety and conditions
as are satisfactory to the Town so as to insure compliance with the
terms and conditions stated in the coastal erosion management permit.
[Amended 3-10-1992 by L.L. No. 15-1992, effective 3-20-1992]
The authority for administering and enforcing this chapter hereby
is conferred upon the permit administrator of the Department of Conservation
and Waterways of the Town of Hempstead. The permit administrator has
the powers and duties to:
A.
Apply the regulations, restrictions and standards or other provisions
of this chapter.
B.
Explain to applicants the map which designates the land and water
areas subject to regulation and advise applicants of the standards,
restrictions and requirements of this chapter.
C.
Review and take appropriate actions on completed applications.
D.
Issue, sign and execute all necessary permits.
E.
Transmit written notices of violations to property owners or to other
responsible persons.
F.
Prepare and submit reports.
G.
Perform compliance inspections.
H.
Serve as the primary liaison with the New York State Department of
Environmental Conservation.
I.
Keep official records of all permits, inspections, inspection reports,
recommendations, actions of the Coastal Erosion Hazard Board of Review
and any other reports or communications relative to this chapter or
requests for information from the New York State Department of Environmental
Conservation.
J.
Perform normal and customary administrative functions required by
the Town relative to the Coastal Erosion Hazard Areas Act, Article
34 of the Environmental Conservation Law of the State of New York,
6 NYCRR 505 and this chapter.
K.
Have, in addition, powers and duties as are established in or reasonably
implied from this chapter as are necessary to achieve its stated purpose.
The provisions of this chapter will take precedence over any
other laws, ordinances or codes in effect in the Town to the extent
that the provisions of this chapter are more stringent than such other
laws, ordinances or codes. A coastal erosion management permit issued
pursuant to this chapter does not relieve the permit applicant from
the responsibility of obtaining other permits or approvals as may
be necessary, nor does it convey any rights or interest in real property.
If any clause, sentence, paragraph, subdivision, section or
part is adjudged invalid by a court of competent jurisdiction, the
judgment shall not affect, impair or invalidate the remainder of this
chapter but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this chapter that shall be directly
involved in the controversy in which such judgment shall have been
rendered.
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act (SEQR),
Article 8 of the New York State Environmental Conservation Law. The
applicant may be required to submit information necessary for compliance
with SEQR in addition to information required under this chapter.
A.
Any person or persons, association or corporation committing an offense
against this chapter or any section or provision thereof is guilty
of a violation, punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment.
B.
Each day of continued violation shall constitute a separate additional
offense.
C.
In addition, this chapter may be enforced by civil action, including
an injunction, and any person who has violated or permitted a violation
of this chapter may be directed by the Town to repair and restore
the damage caused by such person. Such person shall be liable to the
Town for the full cost of such repair and restoration.
