The coastal erosion hazard area is hereby established
to classify land and water areas within the Town of Babylon, 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 entitled "Coastal Erosion Hazard Area Map of the Town of Babylon,"
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
Areas Map of the Town of Babylon, 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.
[Amended 9-12-1989 by L.L. No. 4-1989]
A. Nearshore areas dissipate a substantial amount of
wave energy before it is expended on beaches 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 fairly cohesive bottom that resists erosion.
B. The following restrictions apply to regulated activities
in nearshore areas:
(1) Excavating, grading, mining or dredging which diminishes
the erosion protection afforded by 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.
(2) Clean sand or gravel of an equivalent or slightly
larger grain size is the only material which may be deposited within
nearshore areas. Any deposition will require a coastal erosion management
permit.
(3) All development is prohibited in nearshore areas unless
specifically provided for by this chapter.
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
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.
[Amended 9-12-1989 by L.L. No. 4-1989]
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 of 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 and those set forth in Chapter
81 of Babylon Town Code:
A. Motor vehicles must not travel on vegetation, must
operate seaward of the debris line and, when no debris line exists,
must operate seaward of the seaward toe of the primary dune.
B. Motor vehicle traffic is prohibited on primary dunes,
except for officially posted access points.
[Amended 9-12-1989 by L.L. No. 4-1989]
C. Pedestrian passage across primary dunes must utilize
elevated walkways and stairways or other specially designed dune crossing
structures.