The coastal erosion hazard area is hereby established
to classify land and water areas within the Village of Sands Point,
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 Village of
Sands Point," 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.
No person may engage in any regulated activity
in an erosion hazard area as depicted on the Coastal Erosion Hazard
Area Map of the Village of Sands Point, as amended, without first
obtaining a coastal erosion management permit. No coastal erosion
management permit is required for unregulated activities.
A coastal erosion management permit will be
issued only with a finding by the administrator 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.
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 nonmovable structures or placement
of major nonmovable 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 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.
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 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. 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 village, 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 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.
A.
Nearshore areas dissipate a substantial amount of
wave energy before it is expended on beaches, bluffs 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 and promote the development of ice cap formations which help
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 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.
(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.
(3)
All development is prohibited in 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 toes of bluffs
or 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 administrator.
(4)
All development is prohibited on beaches unless specifically
provided for by this chapter.
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 and 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:
(a)
Excavating, grading or mining of primary dunes
is prohibited.
(b)
Clean sand of a compatible type and size is
the only material which may be deposited. Any deposition requires
a coastal erosion management permit.
(c)
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.
(d)
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 administrator.
(e)
Nonmajor 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.
(f)
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.
(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)
Nonmajor additions to existing structures are
allowed on secondary dunes pursuant to a coastal erosion management
permit.
(d)
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 joints
and the surface of the secondary dune; and the permitted activity
must leave the space below the lowest horizontal structural members
free of obstructions.
(3)
All other activities and development in dune areas
are prohibited unless specifically provided for by this chapter.
A.
Bluffs protect shorelands and coastal development
by absorbing the often destructive energy of open water. Bluffs are
a source of depositional material for beaches and other unconsolidated
natural protective features.
B.
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.
(3)
All development unless specifically allowed by this
section of this chapter.
(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 administrator.
(5)
Soil disturbance that directs surface water runoff
over a bluff face.
C.
Activities specifically allowed under this section
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 one to six.
(c)
Side slopes may not exceed one to three unless
terraced or otherwise structurally stabilized.
(d)
Side slopes and other disturbed nonroadway 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)
Nonmajor 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,
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.
Motorized and nonmotorized traffic must comply
with the following restrictions:
A.
Motor vehicles must not travel on vegetation and must
operate waterward of the debris line or, when no debris line exists,
must operate waterward of the waterward toe of the primary dune or
bluff.
B.
Motor vehicle traffic is prohibited on primary dunes,
except for officially designated crossing areas, and on bluffs.
C.
Pedestrian passage across primary dunes must utilize
elevated walkways and stairways or other specially designed dune crossing
structures.
