[HISTORY: Adopted by the Town Board of the Town of Riverhead 3-5-1991 by L.L. No. 1-1991; amended in its entirety 4-5-2005 by L.L. No. 6-2005 (Ch. 12, §§ 12-1 through 12-23 and 12-25 through
12-39, of the 1976 Code). Subsequent amendments noted where applicable.]
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 Riverhead, County of Suffolk, State of
New York, hereby enacts, by Local Law No. 1 of 1991, this chapter.
This chapter shall be known and may be cited as the "Town of
Riverhead Coastal Erosion Hazard Area Law."
This chapter shall take effect 20 calendar days from certification
by the Commissioner of the New York State Department of Environmental
Conservation, which is the date of this chapter's 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 Riverhead hereby assumes the responsibility and
authority to implement and administer a coastal erosion management
program within its jurisdiction pursuant to Article 34 of the 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 and
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 impact
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 Riverhead finds that the coastal erosion hazard
area:
A.
Is prone to erosion from action of the Long Island Sound and related
water bodies. 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 rainwater
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 necessary
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.
E.
Incorporates nearshore areas which 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 cohesive bottom that resists erosion.
F.
Incorporates beaches which 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.
G.
Incorporates dunes which 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.
H.
Incorporates bluff areas which 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.
I.
Includes natural features as identified by the State of New York
and by the Town of Riverhead and that the Riverhead Town Board finds
that by this regulation, the Town of Riverhead hereby retains and
exercises its home rule powers.
The following terms, as used in this chapter, have the meanings
indicated, unless the context clearly requires otherwise:
A building without a permanent foundation, with a maximum
floor area of 100 square feet or less, a maximum height of 12 feet
or less, located in the rear yard in a residentially zoned area when
constructed by the homeowner or tenant.
The Town of Riverhead Planning Board, which is the local
official responsible for administering this chapter.
The zone of unconsolidated earth that extends landward from
the mean low-water line to the seaward toe of a dune or bluff, whichever
is most seaward. 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 seaward.
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 the mean
low water. The landward limit is 50 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 50 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, as approved by the Riverhead Town Board, and
any amendments thereof, issued by the Commissioner of the New York
State Department of Environmental Conservation, which delineates the
boundaries of coastal erosion hazard areas subject to regulation under
this chapter.
A permit which is reviewed and issued by the administrator
of this chapter for regulated activities that comply with the general
standards, restrictions and requirements of the applicable sections
of this chapter.
The Long Island Sound.
The lands adjacent to the Town's coastal waters.
The officer or other designated authority charged with the
enforcement of this Code, or a duly authorized representative.
A Town Board appointed council established as set forth in Chapter 105, Article IV, which, as its function, shall advise the Planning Board of the Town of Riverhead in the promotion, development, management and protection of its natural resources, and such Council shall engage in those functions authorized by the provisions of the General Municipal Law § 239-x.[1]
A linear accumulation of waterborne debris deposited by high
waters on a beach.
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 regulated under this chapter
as a structural hazard area or a natural protective feature area as
defined herein.
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.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
The sum of the horizontal areas of all floors of a building,
including interior and exterior balconies, mezzanines and attached
decks and porches. Horizontal floor dimensions are to be measured
from the exterior faces of the walls of each such floor or from the
center line of party walls with any adjoining building.
[Added 6-19-2007 by L.L. No. 16-2007]
The horizontal area of a structure's footprint.
[Added 6-19-2007 by L.L. No. 16-2007[2]]
The approximate average high-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.
[Added 6-19-2007 by L.L. No. 16-2007]
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. (See definitions herein.)
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 a mean low waterline
and extending waterward in a direction perpendicular to the shoreline
to a point where the mean low water depth is 15 feet or to a horizontal
distance of 1,000 feet from the mean low waterline, 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.
An appointed Board consisting of five members whose function
is to provide an impartial and professional perspective and decisions
on land use issues based on the long range needs of the community
contained in the Comprehensive Plan.
That point along the top of the bluff where the trend of
the land slope changes to begin its descent to the shoreline.
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.
[Amended 6-19-2007 by L.L. No. 16-2007]
Planting invasive, nonnative plant species found on the Suffolk
County do-not-sell and management lists as established by Suffolk
County L.L. No. 22-2007 and as amended.[3]
[Added 12-7-2010 by L.L. No. 26-2010]
The most landward line of active erosion or, in cases where
there is no discernible line of active erosion, 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 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 or any activity which
alters or disturbs the existing natural protective features, which
includes trimming and clearing of vegetation. "Regulated activity"
does not include routine agricultural operations involving cultivation
and harvesting or the implementation of practices recommended in a
soil and water conservation plan, as defined in § 3, Subdivision
(12), of the Soil and Water Conservation Districts Law, provided that
such agricultural operations and implementation of practices will
not be construed to include any activity that involves the construction
or placement of a structure.
[Amended 6-19-2007 by L.L. No. 16-2007]
The in-kind in-place reconstruction of a structure without
modification. "Without modification" shall mean reconstruction to
preexisting dimensions of gross floor area and ground area coverage.
Modifications may be allowed, however, if they do not exceed those
preexisting dimensions and are intended to mitigate impacts to natural
protective features and other natural resources.
[Amended 6-19-2007 by L.L. No. 16-2007]
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 a 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 or permanent
shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission or collection system; tank;
dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment;
artificial beach nourishment; or any addition to or alteration of
the same.
The lowest point on a slope of a dune or bluff.
Excepted activities that are not regulated by this chapter
include but are not limited to 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; planting of vegetation within the bluff limits which does not
involve clearing, grading or placement of fill and does not utilize
invasive, nonnative plant species found on the Suffolk County do-not-sell
and management lists as established by Suffolk County L.L. No. 22-2007
and as amended;[4] routine agricultural operations, including cultivation
or harvesting, and the implementation of practices recommended in
a soil and water conservation plan as defined in § 3, Subdivision
(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. In addition, the restoration (as defined
in this chapter) of a preexisting, nonconforming structure damaged
or destroyed by events not related to coastal flooding or erosion
is considered an unregulated activity.
[Amended 6-19-2007 by L.L. No. 16-2007; 12-7-2010 by L.L. No.
26-2010]
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. Vegetation does not include those
invasive, nonnative plant species found on the Suffolk County do-not-sell
and management lists as established by Suffolk County L.L. No. 22-2007
and as amended.[5]
[Amended 12-7-2010 by L.L. No. 26-2010]
[2]
Editor's Note: This local law also repealed the definition
of "major addition," which immediately followed.
[3]
Editor's Note: See Ch. 446, Art. II, Sale or Propagation of
Invasive Nonnative Plants, of the Suffolk County Code.
[4]
Editor's Note: See Ch. 446, Art. II, Sale or Propagation of
Invasive Nonnative Plants, of the Suffolk County Code.
[5]
Editor's Note: See Ch. 446, Art. II, Sale or Propagation of
Invasive Nonnative Plants, of the Suffolk County Code.
The coastal erosion hazard area is hereby established to classify
land and water areas within the Town of Riverhead, 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 by the Town of Riverhead, which adopts and incorporates the
final map entitled "Coastal Erosion Hazard Area Map of the Town of
Riverhead."
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 Riverhead, as amended, and/or in a natural protective feature or natural protective feature area as defined in § 219-6 herein, 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
a structural hazard area:
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.
[Amended 6-19-2007 by L.L. No. 16-2007]
D.
No movable structure may be located closer to the landward limit
of a bluff than 50 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.
[Amended 6-19-2007 by L.L. No. 16-2007]
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.
I.
Dumping, filling or other disturbance of soil or any activity which
alters or disturbs the existing natural protective feature and/or
natural protective feature areas, which includes trimming and clearing
of vegetation without a coastal erosion management permit, is prohibited.
The following restrictions apply to regulated activities in
nearshore areas:
A.
Excavating, grading, mining or dredging which diminishes the erosion
protection afforded by a 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.
B.
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within nearshore areas.
Any deposit will require a coastal erosion management permit.
C.
All development is prohibited in nearshore areas unless specifically
provided for by this chapter.
The following restrictions apply to regulated activities in
beach areas:
A.
Excavating, grading or mining which diminishes the erosion protection
afforded by beaches is prohibited.
B.
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within beach areas. Any
deposit will require a coastal erosion management permit, which may
be issued only for expansion or stabilization of beaches.
C.
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 New York State Department of Environmental
Conservation (NYSDEC).
D.
All development is prohibited on beaches unless specifically provided
for by this chapter.
The following restrictions apply to regulated activities in
dune areas:
A.
In primary dune areas:
(1)
Excavating, grading or mining of primary dunes is prohibited.
(2)
Clean sand of a compatible type and size is the only material which
may be deposited. Any deposit requires a coastal erosion management
permit.
(3)
All deposits 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.
(4)
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 New York State Department of Environmental
Conservation (NYSDEC).
(5)
New construction, modification or restoration of walkways or stairways
must be done in accordance with conditions of a coastal erosion management
permit.
[Amended 6-19-2007 by L.L. No. 16-2007]
(6)
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.
B.
In secondary dune areas:
(1)
All deposits must be 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.
(2)
Excavating, grading or mining must not diminish the erosion protection
afforded by them.
(3)
New construction, modification or restoration of walkways or stairways
must be done in accordance with conditions of a coastal erosion management
permit.
[Amended 6-19-2007 by L.L. No. 16-2007]
(4)
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 joists and the surface
of the secondary dune, and the permitted activity must leave the space
below the lowest horizontal structural members free of obstructions.
C.
All other activities and development in dune areas are prohibited
unless specifically provided for by this chapter.
D.
Restoration of preexisting structures that are damaged or destroyed
by events not related to coastal flooding or erosion may be undertaken
pursuant to a coastal erosion management permit, provided the cost
of the restoration is less than 50% of the estimated full replacement
cost of the structure at the time of restoration.
[Amended 6-19-2007 by L.L. No. 16-2007]
A.
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)
Disturbance of active bird nesting and breeding areas, unless such
disturbance is pursuant to a specific wildlife management activity
approved by the New York State Department of Environmental Conservation
(NYSDEC).
(4)
Soil disturbance that directs surface water runoff over a bluff face.
(5)
Dumping, filling or other disturbance of soil or any activity which
alters or disturbs the existing natural protective feature and/or
natural protective feature areas, which includes trimming and clearing
of vegetation without a coastal erosion management permit.
B.
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)
The cut is made in a direction perpendicular to the shoreline.
(b)
The ramp slope may not exceed 1:6.
(c)
The side slopes may not exceed 1:3 unless terraced or otherwise
structurally stabilized.
(d)
The side slopes and other disturbed nonroadway areas must be
stabilized with vegetation or other approved physical means.
(e)
The 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)
Restoration of preexisting structures that are damaged or destroyed
by events not related to coastal flooding or erosion may be undertaken
pursuant to a coastal erosion management permit, provided the cost
of the restoration is less than 50% of the estimated full replacement
cost of the structure at the time of restoration.
[Amended 6-19-2007 by L.L. No. 16-2007]
(5)
Trimming and clearing of vegetation done in accordance with conditions
stated in a coastal erosion management permit as issued by the administrator.
(6)
The placement of one accessory building as defined in this chapter
shall be allowable pursuant to a coastal erosion management permit,
and the following limitations shall apply:
(a)
Said accessory building shall not be placed less than 25 feet landward of the landward limit of the natural protective feature area as identified on the coastal erosion hazard area maps filed with the Town of Riverhead and/or the landward limit of the natural protective feature or natural protective feature area as defined in § 219-6 of this chapter; whichever is more landward shall apply.
(b)
Said accessory building shall be more than five feet from a
property line, 10 feet from any other structure, 60 feet from a side
street line and not require a building permit.
(c)
With the exception of the removal of grass ground cover, no
vegetation shall be removed, trimmed, cut or cleared to construct
said accessory building.[1]
[1]
Editor's Note: Original § 12-14C of the 1976 Code,
regarding the restoration of existing structures on bluff areas, which
immediately followed this subsection, was repealed 6-19-2007 by L.L.
No. 16-2007.
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 and demonstrate
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 a minimum of 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 programs, 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 seaward
of the line of mean high water.
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.
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety or welfare, including
preventing damage to natural resources. Whenever emergency activities
are undertaken, damage to natural protective features and other natural
resources must be prevented, if possible, or minimized.
The administrator must be notified by the person responsible
for taking the emergency measures within two working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form,
outline the public health or safety or resource for which protection
was sought and relate the measures which were taken to secure the
protection.
If the administrator determines that a regulated activity has
been undertaken without a coastal erosion management permit and does
not meet the emergency activity criteria, then the administrator will
order the immediate cessation of the activity. In addition, the administrator
may require:
Strict application of the standards and restrictions of this
chapter may cause practical difficulty or unnecessary hardship. When
this can be shown, such standards and restrictions may be varied or
modified, provided that the following criteria are met:
A.
No reasonable, prudent, alternative site is available.
B.
All responsible means and measures to mitigate adverse impacts on
natural systems and their functions and values have been incorporated
into the activity's design at the property owner's expense.
[Amended 6-19-2007 by L.L. No. 16-2007]
C.
The development will be reasonably safe from flood and erosion damage.
D.
The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for the requested variance.
E.
Where public funds are utilized, the public benefits must clearly
outweigh the long-term adverse effects.
Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of § 219-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance request must be accompanied by the required fee
or fees as established by the Town legislative body under separate
resolution.
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one
year from the date of approval or approval with modifications or conditions.
Variances expire at the end of this one-year period without further
hearing or action by the Coastal Erosion Hazard Board of Review.
The Coastal Erosion Hazard Board of Review may, in conformance
with the provisions of this chapter, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
of the administrator, including stop or cease-and-desist orders. Notice
of such decision will forthwith be given to all parties in interest.
The rules and procedures for filing appeals are as follows:
A.
Appeals must be filed with the Municipal Clerk within 30 days of
the date of the adverse decision.
B.
All appeals made to the Coastal Erosion Hazard Board of Review must
be in writing on standard forms prescribed by the Board. The Board
will transmit a copy to the Commissioner of the New York State Department
of Environmental Conservation for his information.
C.
All appeals must refer to the specific provisions of this chapter
involved, specify the alleged errors, the interpretation thereof that
is claimed to be correct and the relief which the appellant claims.
Any person or persons, jointly or severally, aggrieved by a
decision by the Coastal Erosion Hazard Board of Review or any officer,
department or Board of the Town may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules.
Applications for coastal erosion management permits and appeals
must be accompanied by a money order or personal check made payable
to the Town of Riverhead as follows:
A coastal erosion management permit will be issued for regulated
activities which comply with the general standards, restrictions and
requirements of the applicable sections of this chapter, provided
that the following are adhered to:
A.
The application for a coastal erosion management permit must be made
upon the form provided by the administrator and must include the following
minimum information:
(1)
A description of the proposed activity.
(2)
A topographical survey drawn to a suitable scale showing the location
of the natural protective features, the natural protective feature
areas and the proposed activity, as well as a depiction of those boundaries
appearing on the approved coastal erosion hazard area map.
(3)
Any additional information the administrator may require to properly
evaluate the proposed activity.
B.
Each application for a coastal erosion management permit:
[Amended 9-3-2014 by L.L. No. 13-2014]
(2)
The Conservation Advisory Council shall commence review within 30
days of referral from the Planning Department. The Conservation Advisory
Council shall issue a report and recommendation to approve, approve
with conditions or deny the application within 60 days from the initial
referral to the Conservation Advisory Council. In the event that an
application is determined to be incomplete and/or additional information
is requested by the Conservation Advisory Council, the Conservation
Advisory Council shall advise the applicant within 30 days from the
date of referral and grant applicant 30 days to provide the information
and/or supplement the application. The sixty-day time period to issue
a report and recommendation shall not apply where an environmental
impact statement is to be prepared by the applicant, in which case
said sixty-day period shall not commence until a final environmental
impact statement has been accepted by the lead agency exercising jurisdiction
over the project.
C.
Permits will be issued by and bear the name and signature of the
Chairman of the Planning Board and will specify:
(1)
The activity or operation for which the permit is issued.
(2)
The address or location where the activity or operation is to be
conducted.
(3)
The name and address of the permittee.
(4)
The permit number and date of issuance.
(5)
The period of permit validity. If not otherwise specified, a permit
will expire one year from the date of issuance.
(6)
The terms and conditions of the approval.
D.
When more than one coastal erosion management permit is required
for the same property or premises under this chapter, a single permit
may be issued listing all activities permitted and any conditions,
restrictions or bonding requirements. Revocation of a portion or portions
of such consolidated permits will not invalidate the remainder.
E.
A coastal erosion management permit may be issued with such terms
and conditions as are necessary to ensure compliance with the policies
and provisions of this chapter and the policies of the Town of Riverhead.
F.
When an application is made for a coastal erosion management permit,
a variance thereto or other form of approval required by this chapter
and such activity is subject to other permit, variance, hearing or
application procedures required by another federal, state or local
regulatory agency pursuant to any federal, state or local law or ordinance,
the Town Building and Planning Administrator or the Chief Building
Inspector shall, at the request of the applicant, consolidate and
coordinate the application, permit, variance and hearing procedures
as required by each regulatory agency into a single, comprehensive
hearing and review procedure. However, nothing contained in this section
shall be deemed to limit or restrict any regulatory agencies which
are properly a party to such a consolidated review proceeding from
the independent exercise of such discretionary authority with respect
to the issuance, denial or modification of such permits, variances
or other forms of approval as they may have been granted by law.
[Amended 11-1-2016 by L.L. No. 32-2016]
The Town may require a bond or other form of financial security.
Such bond or security must be in an amount, with such surety and conditions
as are satisfactory to the Town, so as to ensure compliance with the
terms and conditions stated in the coastal erosion management permit.
The authority for administering this chapter is hereby conferred
upon the administrator. The administrator has the power and duty to:
A.
Apply the regulations, restrictions and standards or other provisions
of this chapter.
B.
Explain to applicants the map which designates the land and water
areas subject to regulation and advise applicants of the standards,
restrictions and requirements of this chapter.
C.
Review and take appropriate actions on completed applications.
D.
Issue and sign all approved permits.
E.
Serve as the primary liaison with the New York State Department of
Environmental Conservation.
F.
Keep official records of all permits, inspections, inspection reports,
recommendations, actions of the Coastal Erosion Hazard Board of Review
and any other reports or communications relative to this chapter or
request for information from the New York State Department of Environmental
Conservation.
G.
Perform normal and customary administrative functions required by
the Town Code relative in and relating to this chapter.
H.
Have, in addition, the powers and duties as are established in or
reasonably implied from this chapter as are necessary to achieve its
stated purpose.
The authority for enforcing this chapter is hereby conferred
upon the Code Enforcement Official. The Code Enforcement Official
has the power and duty to:
A.
Transmit written notice of violations to property owners or to other
responsible persons.
B.
Perform compliance inspections.
C.
Prepare and submit reports to the administrator.
D.
Post a stop order in a form approved by the Town Board. Said stop
order shall be posted at the site of said violation. It shall be a
further violation of this chapter to remove said stop order or to
continue the use or construction specified in said stop order until
the violation is corrected or adjudicated.
E.
Have powers and duties as are established in or reasonably implied
from this chapter as are necessary to achieve its stated purpose.
The provisions, regulations, procedures and standards of this
chapter will be held to be the minimum requirements necessary to carry
out the purposes of this chapter.
The provisions of this chapter will take precedence over any
other laws, ordinances or codes in effect in the Town to the extent
that the provisions of this chapter are more stringent than such other
laws, ordinances or codes. A coastal erosion management permit issued
pursuant to this chapter does not relieve the permit applicant from
the responsibility of obtaining other permits or approvals as may
be necessary nor does it convey any rights or interest in real property.
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act (SEQR),
Article 8 of the New York State Environmental Conservation Law. The
applicant may be required to submit information necessary for compliance
with SEQR in addition to information required under this chapter.
For any and every violation of this chapter, the owner or general
agent of a building or premises where such violation has been committed
or shall exist, and the lessee or tenant of an entire building or
entire premises where such violation of this chapter has been committed
or shall exist, and any builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in any such violation of this chapter, shall, upon
conviction thereof, be liable to a fine or penalty not exceeding $5,000
per day from the day of discovery of the incident, continuing until
a restoration plan approved by the administrator is enacted, or imprisonment
for a period not to exceed six months, or both. Nothing herein will
prevent the proper local authorities of the Town from taking such
other lawful actions or proceedings as may be necessary to restrain,
correct or abate any violation of this chapter.
A.
The Town Board may, on its own motion or on petition or recommendation,
amend, supplement or repeal the provisions, regulations, procedures
or standards of this chapter.
B.
When an amendment is duly proposed, the Town Board must:
(1)
Notify the Commissioner of the New York State Department of Environmental
Conservation, in writing, of all proposed amendments and whether such
amendment conforms to the minimum standards of a certified program.
(2)
Issue public notice and conduct a hearing on all proposed amendments
pursuant to the Municipal Home Rule Law § 20.
(3)
Refer the proposed amendment at least 30 days prior to the public
hearing, in writing, to the administrator, unless initiated thereby,
for its review of the amendment and its report to the Town Board of
recommendations thereon, including a full statement of reasons for
such recommendations, and similarly to the Suffolk County Planning
Commission.
After enactment, the amendment must be sent to the Commissioner
of Environmental Conservation for certification.
After an amendment to this chapter has been initially reviewed
and found to be in conformance by the Commissioner of the New York
State Department of Environmental Conservation, has completed the
public hearing process and intergovernmental review, has been finally
approved and adopted by the Town Board and has been certified by the
Commissioner of the New York State Department of Environmental Conservation,
the Town Clerk will, as prescribed by § 27 of the Municipal
Home Rule Law:
A.
Record the amending local law in the Municipal Clerk's Minute Book
and in the Recorded Book of Local Laws.
B.
File the amending local law within five days after adoption as follows:
(1)
One copy in the Clerk's office.
(2)
One copy in the office of the State Comptroller.
(3)
Three copies in the office of the Secretary of State.
(4)
One copy with the Commissioner of the New York State Department of
Environmental Conservation.
(5)
One copy with the Suffolk County Planning Commission.
