The Coastal Erosion Hazard Area is hereby established to classify land and water areas within the Town of Huntington, New York 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 Section 34-0104 of the New York State Environmental Conservation Law and entitled, "Coastal Erosion Hazard Area Map of the Town of Huntington, New York", including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation pursuant to Section 34-0104 of the New York State Environmental Conservation Law.
(A) 
No person may engage in any regulated activity in an Erosion Hazard Area as depicted on the Coastal Erosion Hazard Area Map of the Town of Huntington, New York, as amended, without first obtaining a Coastal Erosion Management Permit. No Coastal Erosion Management Permit is required for unregulated activities.
(B) 
If a regulated activity under this Chapter also requires a permit pursuant to Chapter 137 of the Town Code (Marine Conservation Law), an application for permits under both Chapters may be submitted to the Administrator as one application provided the application meets the requirements of both Chapters.
A Coastal Erosion Management Permit will be issued by the Administrator only with a finding that the proposed regulated activity:
(A) 
Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.
(B) 
Is not likely to cause a measurable increase in erosion at the proposed site and at other locations.
(C) 
Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures, and natural resources.
(D) 
Has undergone review pursuant to 6 NYCRR Part 617 (SEQRA) and it has been determined not to have a significant adverse impact on the environment.
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 must be located landward of the shoreline structures.
(B) 
The construction of non-movable structures or placement of major non-movable additions to an existing structure is prohibited.
(C) 
Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below grade footings will be allowed if satisfactory provisions are made for their removal.
(D) 
No movable structure may be located closer to the landward limit of a bluff than twenty-five (25) feet.
(E) 
No movable structure may be placed or constructed such that according to accepted engineering practice, its weight places excessive groundloading on a bluff.
(F) 
(1) 
Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a Structural Hazard Area pursuant to a Coastal Erosion Management Permit must be removed before any part of the structure is within ten (10) feet of the receding edge. 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 Administrator at the time the permit is issued.
(G) 
Debris from structural damage which may occur as a result of sudden unanticipated bluff edge failure, dune migration, or wave or ice action must be removed within sixty (60) days of the damaging event.
(H) 
Any grading, excavation, or other soil disturbance conducted within a Structural Hazard Area must not direct surface water runoff over a bluff face.
The following restrictions apply to regulated activities in nearshore areas:
(A) 
Excavating, grading, mining, or dredging which diminishes the erosion protection afforded by nearshore area is prohibited, except 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.
(B) 
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.
(C) 
All development is prohibited in nearshore areas unless specifically provided for by this local law.
The following restrictions apply to regulated activities in beach areas:
(A) 
Excavating, grading, or mining which diminishes the erosion protection afforded by beaches is prohibited.
(B) 
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.
(C) 
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing from the New York State Department of Environmental Conservation and by the Director of the Department of Maritime Services.
[Amended 7-13-2021 by L.L. No. 35-2021]
(D) 
All development is prohibited on beaches unless specifically provided for by this local law.
The following restrictions apply to regulated activities in dune areas:
(A) 
In primary dune areas:
(1) 
Excavating, grading, or mining of primary dunes is prohibited.
(2) 
Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a Coastal Erosion Management Permit.
(3) 
All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore a dune or dune area.
(4) 
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 Director of the Department of Maritime Services.
[Amended 7-13-2021 by L.L. No. 35-2021]
(5) 
Non-major additions to existing structures are allowed on primary dunes pursuant to a Coastal Erosion Management Permit and subject to permit conditions concerning the location, design, and potential impacts of the structure on the primary dune.
(6) 
Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes, and must not interfere with the exchange of sand between primary dunes and their fronting beaches.
(B) 
In secondary dune areas:
(1) 
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.
(2) 
Excavating, grading, or mining must not diminish the erosion protection afforded by the dunes.
(3) 
Non-major additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit.
(4) 
Permitted construction, reconstruction, restoration, or modifications must be built on adequately anchored pilings such that at least three (3) 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.
(C) 
All other activities and development in dune areas are prohibited unless specifically provided for by this local law.
(D) 
The restrictions of § 169-11, Traffic Control, apply to dune areas.
(A) 
The following activities are prohibited on bluffs:
(1) 
Excavating or mining except when in conjunction with conditions stated in a Coastal Erosion Management Permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access.
(2) 
The restrictions of § 169-11, Traffic Control, apply to bluffs.
(3) 
All development unless specifically allowed by § 169-9 of this local law.
(4) 
Disturbance of active bird nesting and breeding areas 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 Director of the Department of Maritime Services.
[Amended 7-13-2021 by L.L. No. 35-2021]
(5) 
Soil disturbance that directs surface water runoff over a bluff face.
(B) 
Activities specifically allowed under this Subdivision are:
(1) 
Minor alteration of a bluff done in accordance with conditions stated in a Coastal Erosion Management Permit issued for new construction, modification or restoration of an erosion protection structure.
(2) 
Bluff cuts done in accordance with conditions stated in a Coastal Erosion Management Permit issued for the provision of shoreline access, where:
(a) 
Cut is made in a direction perpendicular to the shoreline.
(b) 
Ramp slope may not exceed 1:6.
(c) 
Side slopes may not exceed 1:3 unless terraced or otherwise structurally stabilized.
(d) 
Side slopes and other disturbed non-roadway areas must be stabilized with vegetation or other approved physical means.
(e) 
Completed roadway must be stabilized and drainage provided for.
(3) 
New construction, modification or restoration of walkways or stairways done in accordance with conditions of a Coastal Erosion Management Permit.
(4) 
Non-major additions to existing structures may be allowed on bluffs pursuant to a Coastal Erosion Management Permit.
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 thirty (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 thirty (30) years. Individual component materials may have a working life of less than thirty (30) years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required thirty (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.
Motorized and non-motorized traffic must comply with the following restrictions:
(A) 
Motor vehicles shall not travel on any primary or secondary dunes, or across any vegetative areas. Motor vehicles must operate seaward of the debris line, and when no debris line exists, vehicles must operate seaward of the seaward toe of the primary dune or bluff.
(B) 
Motor vehicle traffic is prohibited on primary and secondary dunes and on bluffs, except for officially designated crossing areas.
(C) 
Pedestrian passage across primary and secondary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures.