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.
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.