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Village of Nissequogue, NY
Suffolk County
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Table of Contents
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New Laws (5) Index
[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.]
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:
EROSION
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.
MODIFICATION
A change of any kind in size or design.
RECONSTRUCTION
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:
A. 
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.
B. 
A long-term maintenance program must be provided which includes specifications for normal maintenance of degradable materials and periodic replacement of removable materials.
C. 
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.
[Amended 11-19-2019 by L.L. No. 3-2019]
The following procedures must be followed in connection with the construction, reconstruction or modification of erosion protection structures:
A. 
All such construction, reconstruction or modification requires a building permit. In addition to the applicable requirements of Chapter 51, applications for a building permit for the construction, reconstruction or modification of an erosion protection structure must meet the requirements of this Chapter 64, including, but not limited to, the following:
(1) 
To obtain a building permit, an applicant must submit a design plan that is approved by the Village Engineer and the Building Inspector.
(a) 
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.
(b) 
The design plan must include a long-term maintenance program, including specifications for normal maintenance of degradable materials and periodic replacement of removal material.
(2) 
The application must include a current survey of the premises, dated within six months of the date of the application, which survey must clearly depict the existing shoreline conditions and topography of the subject property, as well as the existing shoreline conditions and topography of neighboring properties within 100 feet of the subject property.
(3) 
The application must:
(a) 
Set forth the impacts of the construction, reconstruction or modification on neighboring properties and existing or proposed structures on neighboring sites;
(b) 
Demonstrate a coherent interrelationship between the construction, reconstruction or modification and any proposed or existing structures on neighboring sites; and
(c) 
Demonstrate all efforts to minimize effects on neighboring sites.
(4) 
The application must set forth evidence deemed sufficient to the Village Engineer and the Building Inspector that the applicant's engineer who designs the erosion protection structure or the modification to or reconstruction of an erosion protection structure ("applicant's professional") is a New York State licensed engineer and has the requisite experience in coastal erosion control and designing erosion protection structures.
(5) 
The application must include a certification from the applicant's professional that it/he/she has:
(a) 
Reviewed and approved shop drawings;
(b) 
Obtained and approved samples of all fill to be utilized;
(c) 
Made a field visit to the sources of all material to be utilized; and
(d) 
Approved the stones, vegetation and other materials to be utilized.
(6) 
The application must include a certification from the applicant's professional that the materials to be utilized meet the requirements of the plans, details and specifications.
B. 
A building permit will be issued only with the following conditions:
(1) 
The applicant's professional visits the work site at certain defined stages of the construction, reconstruction or modification and at certain time intervals, such stages and intervals to be set forth by the Building Inspector in the building permit;
(2) 
The applicant's professional must review the size and species of plantings before their installation to confirm that the plantings are consistent with the plans, details and specifications that were submitted with the application;
(3) 
Following each visit, the applicant's professional submits a certification to the Building Inspector stating that:
(a) 
The materials used to date and the materials to be utilized meet the requirements of the plans, details and specifications that were submitted with the application; and
(b) 
That all work has been done in accordance with all plans, details and specifications that were submitted with the application; and
(4) 
If any of these certifications are not submitted, the Building Inspector may issue a stop-work order or impose penalties pursuant to § 64-5.
C. 
The construction, reconstruction or modification of an erosion protection structure requires a certificate of compliance. In addition to the applicable requirements of Chapter 51, a certificate of compliance will not be issued for the construction, reconstruction or modification of an erosion protection structure unless the requirements of this Chapter 64 are met, including, but not limited to, the following:
(1) 
To obtain a certificate of compliance, the applicant must submit a certified "as built" survey.
(2) 
Prior to the issuance of a certificate of compliance, there must be a site meeting with the Village Engineer and/or Building Inspector and the applicant's professional to review and inspect the final construction, reconstruction or modification.
(3) 
Prior to the issuance of a certificate of compliance, the applicant's professional must submit a certification to the Building Inspector that the constructed, reconstructed or modified erosion protection structure and all materials utilized during the work conformed to the plans, details and specifications that were submitted with the application.
D. 
The certificate of compliance will be issued with the following conditions:
(1) 
The certificate of compliance must set forth the long-term maintenance program.
(2) 
On a yearly basis, the owner of any property with an erosion protection structure constructed, reconstructed or modified pursuant to this chapter (including an erosion protection structure constructed, reconstructed or modified by any prior owner of the property) must submit evidence deemed sufficient to the Village Engineer and/or the Building Inspector that the owner has complied with the long term maintenance program. This requirement will be set forth in the certificate of compliance.
[Amended 11-19-2019 by L.L. No. 3-2019]
As the damage to private and public properties adjacent to an improperly designed or constructed erosion protection structure is potentially great, the construction, reconstruction or modification of such a structure without a permit issued under, or otherwise in violation of, the foregoing standards and procedures shall be penalized as follows:
A. 
By removal of the structure and restoration of the area to its previous state;
B. 
By a fine of $250 per day where removal and restoration is not required; and
C. 
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.