The coastal erosion hazard area is hereby established to classify
land and water areas within the Town of Hamlin 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 titled "Coastal Erosion Hazard Area Map of the Town of Hamlin,"
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 Town of Hamlin, 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 Town, 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.
The following requirements apply to the construction, modification
or restoration or 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 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 for 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 program, a bond may be required.
Motorized and nonmotorized traffic must comply with the following
restrictions:
A. Motor vehicles must not travel on vegetation, must operate waterward
of the debris line and, 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.