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 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.
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.