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 signatory 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 Village, 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.
Bluffs 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.
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.
(2) The restrictions of §
49-15 apply to bluffs.
(3) All development unless specifically allowed by this
section.
(4) Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife management
activity approved in writing by the Department of Environmental Conservation
of the State of New York or any other authorized regulatory agency.
(5) Soil disturbance that directs surface water runoff
over a bluff face.
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)
A cut is made in a direction perpendicular to
the shoreline.
(b)
A ramp slope may not exceed 1:6.
(c)
Side slopes may not exceed 1:3 unless terraced
or otherwise structurally stabilized.
(d)
Side slopes and other disturbed nonroadway areas
must be stabilized with vegetation or other approved physical means.
(e)
Completed roadways 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) Nonmajor additions to existing structures may be allowed
on bluffs pursuant to a coastal erosion management permit.