[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 7-18-1989 by L.L. No. 4-1989. Amendments noted where applicable.]
Beaches, dunes and bluffs — See Ch. 48.
Erosion protection structures, if improperly designed or constructed, may be ineffective or even harmful to neighboring waterfront properties. They are to be encouraged only where they are likely to minimize or prevent damage or destruction to public or private property, to natural protective features and other natural resources. The purpose of this chapter is to set forth the basic requirements for the construction of useful and successful erosion protection structures and the standards which must be met by such construction in the Village of Nissequogue.
The following definitions apply to the terms used in this chapter:
- The loss or displacement of land along the coastline from the action of currents, waves, tides, wind-driven water, waterborne ice or other impacts of storms. It also means the loss or displacement of land from the action of wind, runoff of surface water or groundwater seepage.
- EROSION PROTECTION STRUCTURE
- A structure specifically designed to reduce or prevent erosion, such as a groin, jetty, seawall, revetment, bulkhead, breakwater or project for artificial beach nourishment.
- A change of any kind in size or design.
- The rebuilding of an erosion protection structure, the cost of which equals or exceeds 50% of the estimated full replacement cost of the structure.
The following requirements apply to all erosion protection structures constructed, reconstructed or modified:
All erosion protection structures must be designed and built according to generally accepted engineering principles which have demonstrated success or, in cases in which sufficient data are not currently available, show a reasonable likelihood of controlling long-term erosion. The proposed protective measures must have a reasonable probability of controlling erosion at the immediate site for at least 30 years.
A long-term maintenance program must be provided which includes specifications for normal maintenance of degradable materials and periodic replacement of removable materials.
Any bulkheading required which is adjacent to wetlands shall be located upland of the high marsh wetland boundary. Bulkheads and other erosion protection structures may not block the surface or subsurface flow of freshwater to the wetland. The yearly highest tide level shall be the minimum bulkhead location upland of a wetland.
The following village procedures must be followed in connection with the construction, reconstruction or modification of erosion protection structures:
All such construction requires a building permit. A design plan must be provided with engineering data to indicate reasonable likelihood of success in long-term erosion control for a minimum of 30 years, which must be approved by the Village Engineer before the Building Inspector may issue a building permit.
The submitted plan must include a long-term maintenance program, including specifications for normal maintenance of degradable materials and periodic replacement of removal materials. This program must also be approved by the Village Engineer prior to the issuance of a building permit.
Because any erosion control structure may induce changes in natural coastal processes such as shifts in tidal activity, silting or patterns of currents and may have an impact upon wildlife habitats, the construction or modification of any such structure shall be regarded as a Type I action under the village law providing for environmental quality review. The submitted erosion protection structure plan must be approved by the Conservation Advisory Council of the village, which shall not issue an approval until a written evaluation has been made of available nonstructural erosion protection measures at the site. Because nonstructural erosion management measures are to be preferred wherever practical, approval by the Conservation Advisory Council is dependent upon demonstration of the impracticability of such measures, and the mitigation of adverse impacts connected with the erecting of an erosion protection structure is provided to the greatest practicable extent.
As the damage to private and public properties adjacent to an improperly designed or constructed erosion protection structure is potentially great, the construction of such a structure without a permit issued under the foregoing standards and procedures shall be penalized as follows:
By removal of the structure and restoration of the area to its previous state;
By a fine of $250 per day where removal and restoration is not required; and
Where a fine has been imposed, by the alteration and modification of the unpermitted structure to conform with all standards and requirements set forth in this chapter.