Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and § 10 of the Municipal
Home Rule Law, the Town of Kendall, County of Orleans, State of New
York, hereby enacts Local Law No. 2 of 1989, this chapter.
This chapter shall be known and may be cited as the "Town of
Kendall Coastal Erosion Hazard Area Law."
This chapter shall take effect 20 calendar days from its adoption
and filing pursuant to § 27 of the Municipal Home Rule Law,
or the date of filing the official maps, whichever is later.
The Town of Kendall hereby assumes the responsibility and authority
to implement and administer a coastal erosion management program within
its jurisdiction pursuant to Article 34 of New York State Environmental
Conservation Law. In addition, it is the purpose of this chapter to:
A.
Establish standards and procedures for minimizing and preventing
damage to structures from coastal flooding and erosion and to protect
natural protective features and other natural resources.
B.
Regulate in coastal areas subject to coastal flooding and erosion,
land use and development activities so as to minimize or prevent damage
or destruction to man-made property, natural protective features,
other natural resources, and to protect human life.
C.
Regulate new construction or placement of structures in order to
place them a safe distance from areas of active erosion and the impacts
of coastal storms to ensure that these structures are not prematurely
destroyed or damaged due to improper siting, as well as to prevent
damage to natural protective features and other natural resources.
D.
Restrict public investment in services, facilities, or activities
which are likely to encourage new permanent development in erosion
hazard areas.
E.
Regulate the construction of erosion protection structures in coastal
areas subject to serious erosion to assure that when the construction
of erosion protection structures is justified, their construction
and operation will minimize or prevent damage or destruction to man-made
property, private and public property, natural protective features,
and other natural resources.
The Town of Kendall finds that the coastal erosion hazard area:
A.
Is prone to erosion from action of Lake Ontario. Such erosion may
be caused by the action of waves, currents running along the shore,
and wind-driven water and ice. Such areas are also prone to erosion
caused by the wind, runoff of rain water along the surface of the
land, or groundwater seepage, as well as by human activities such
as construction, navigation and certain forms of recreation.
B.
Experiences coastal erosion which causes extensive damage to publicly
and privately owned property and to natural resources as well as endangering
human lives. When this occurs, individuals and private businesses
suffer significant economic losses, as do the Town, and the state
economies, either directly through property damage or indirectly through
loss of economic return. Large public expenditures may also be necessitated
for the removal of debris and damaged structures and replacement of
essential public facilities and services.
C.
Experiences erosion-related problems that are often contributed to
by man's building without considering the potential for damage
to property, by undertaking activities which destroy natural protective
features such as dunes or vegetation, by building structures intended
for erosion prevention which may exacerbate erosion conditions on
adjacent or nearby property, and by water action produced by wakes
from boats.
D.
Is the subject of programs which foster erosion protection structures,
either with private or public funds, which are costly, often only
partially effective over time, and may even be harmful to adjacent
or nearby properties. In some sections of the Town, major erosion
protection structures of great length would be required to effectively
reduce future damages due to erosion.
The following terms used in this chapter have the meaning indicated,
unless the context clearly requires otherwise.
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 59-29.
The zone of unconsolidated earth that extends landward from
the mean low water line to the waterward toe of a dune or bluff, whichever
is most waterward. Where no dune or bluff exists landward of a beach,
the landward limit of a beach is 100 feet landward from the place
where there is a marked change in material or physiographic form or
from the line of permanent vegetation, whichever is most waterward.
Shorelands subject to seasonal or more frequent overwash or inundation
are considered to be beaches.
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The waterward limit of a bluff
is the landward limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean
low water. The landward limit is 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The point of inflection is that point along the top of
the bluff where the trend of the land slope changes to begin its descent
to the shoreline.)
The final map and any amendments thereof issued by the Commissioner
of the New York State Department of Environmental Conservation, which
delineates boundaries of Coastal Erosion Hazard Areas subject to regulation
under this chapter.
The lands adjacent to the Town's coastal waters is the
coastline. Coastal waters are Lake Erie, Lake Ontario, the St. Lawrence
River, the Niagara River, and their connecting water bodies, bays,
harbors, shallows, and marshes.
A linear accumulation of waterborne debris deposited on a
beach by storm induced high water or by wave action.
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ice,
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind, runoff of surface waters, or groundwaters,
or groundwater seepage.
An area of the coastline which is a structural hazard area,
or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater, or artificial beach
nourishment project.
A structure and appurtenances in existence or one where construction
has commenced or one where construction has not begun but for which
a building permit has been issued prior to the effective date of this
chapter.[1]
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
An addition to a structure resulting in a 25% or greater
increase in the ground area coverage of the structure other than an
erosion protection structure or a pier, dock, or wharf. The increase
will be calculated as the ground area coverage to be added, including
any additions previously constructed under a coastal erosion management
permit, divided by the ground area coverage of the existing structure
as defined above.
The approximate average low water level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use. Mobile homes and structures
built on skids or piles and not having a permanent foundation are
examples of movable structures.
A nearshore area, beach, bluff, primary dune, secondary dune,
or marsh, and their vegetation.
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosion or high water, or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
Those lands under water beginning at the mean low water line
and extending waterward in a direction perpendicular to the shoreline
to a point where mean low water depth is 15 feet, or to a horizontal
distance of 1,000 feet from the mean low water line, whichever is
greater.
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of a functioning structure. A functioning structure is one which is
fully performing as originally designed at the time that normal maintenance
is scheduled to begin. Normal maintenance of a structure does not
require a coastal erosion management permit.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate, or any other legal entity whatsoever.
The most waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally one or more relatively
small dune formations exist waterward of the primary dune. These smaller
formations will be considered to be part of the primary dune for the
purposes of this chapter. The waterward limit of a primary dune is
the landward limit of its fronting beach. The landward limit of the
primary dune is 25 feet landward of its landward toe.
The most landward line of active erosion, or in cases where
there is no discernible line of active erosion, it is the most waterward
line of permanent vegetation.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
The construction, modification, restoration or placement
of a structure, or major addition to a structure, or any action or
use of land which materially alters the condition of land, including
grading, excavating, dumping, mining, dredging, filling, or other
disturbance of soil.
The reconstruction without modification of a structure, the
cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modifications, however,
may be allowed if they do not exceed preexisting size limits and are
intended to mitigate impacts to natural protective features and other
natural resources.
The major dune immediately landward of the primary dune.
The waterward limit of a secondary dune is the landward limit of its
fronting primary dune. The landward limit of a secondary dune is 25
feet landward of its landward toe.
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population; support rare
or endangered species; are found at a very low frequency within a
geographic area; support fish or wildlife populations having significant
commercial or recreational value; or that would be difficult or impossible
to replace.
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate
of one foot or more per year. The inland boundary of a structural
hazard area is calculated by starting at the landward limit of the
fronting natural protective feature and measuring along a line perpendicular
to the shoreline a horizontal distance landward which is 40 times
the long-term average annual recession rate.
Any object constructed, installed or placed in, on, or under
land or water including, but not limited to: a building, permanent
shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission, or collection system; tanks;
docks; piers; wharf; groins; jetties; seawalls; bulkheads; breakwaters;
revetments; artificial beach nourishment; or any addition to or alteration
of the same.
The lowest surface point on a slope face of a dune or bluff.
Excepted activities which are not regulated by this chapter
include but are not limited to: elevated walkways or stairways constructed
solely for pedestrian use and built by an individual property owner
for the limited purpose of providing noncommercial access to the beach;
docks, piers, wharves, or structures built on floats, columns, open
timber piles, or other similar openwork supports with a top surface
area of less than 200 square feet, or which are removed in the fall
of each year; normal beach grooming or cleanup; maintenance of structures
when normal and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas, in order to
maintain or increase the height and width of dunes; routine agricultural
operations including cultivation or harvesting, and the implementation
of practices recommended in a soil and water conservation plan as
defined in § 3(12) of the Soil and Water Conservation Districts
Law; provided, however, that agricultural operations and implementation
of practices will not be construed to include any activity that involves
the construction or placement of a structure.
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the coastal erosion hazard area.
