Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 4-10-1989 by L.L. No. 2-1989; amended in its entirety 5-9-1994 by L.L. No. 1-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and boardwalks — See Ch. 65.
This chapter shall be known as the "Village of Atlantic Beach Coastal Erosion Hazard Area Law."
The Village of Atlantic Beach 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. 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 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 impacts 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, 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 Village of Atlantic Beach finds that the coastal erosion hazard area:
A. 
Is prone to erosion from action of the Atlantic Ocean and Reynolds Channel. 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 or rain water 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 resources as well as endangering human lives. When this occurs, individuals and private businesses suffer significant economic losses, as do the Village and state economies, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated 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 Village, major erosion protection structures of great length would be required to effectively reduce future damages due to erosion.
As used in this chapter, the following words or phrases shall have the meaning annexed to each:
BARRIER ISLAND
An island bordering on the Atlantic Ocean and entirely surrounded by water.
BEACH
The zone of unconsolidated earth that extends landward from the mean low-water line to the waterward toe of a dune. Where no dune exists landward of a beach, the landward limit of a beach is where there is existing buildings on public or private property or to public highways if no buildings exist between the ocean beach and the public highways or 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 waterward. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be beaches.
BEACH FENCES
Sand fences erected each fall in designated directional orientation by the Commissioner for the specific purpose to catch and hold windblown sand on the usable portion of the beach face which would otherwise be lost from year to year and which beach fences and accumulations are removed each spring to allow free and easy access to such recreational portion of each beachfront.
COASTAL EROSION HAZARD AREA MAP
The final map and any amendments thereof issued by the Commissioner of the New York State Department of Environmental Conservation, which delineates boundaries of coastal erosion hazard areas subject to regulation under this chapter.
COASTLINE AND COASTAL WATERS
The lands adjacent to the Village coastal waters is the coastline. Coastal waters are the Atlantic Ocean and its connecting water body or Reynolds Channel.
COMMISSIONER
Refers to the Commissioner or Commissioners of Conservation and Waterways of the Village of Atlantic Beach, the local official or officials responsible for administrating and enforcing this chapter. The powers and duties of this position are more fully described in § 90-20.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a beach by storm induced high water or by wave action.
DUNE
A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand.
DUNE FENCE
A sand fence erected in a designated directional orientation by the Commissioner for the specific purpose of creating or enhancing dunes as protective shoreline features. These fences are permanent and are not permitted to be disturbed or removed without a permit pursuant to this chapter.
EROSION
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 shall also mean the loss or displacement of land due to the action of wind, runoff of surface waters, groundwaters or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically, designed to reduce or prevent long term erosion such as a groin, jetty, revetment, breakwater or artificial beach nourishment project.
EXISTING STRUCTURE
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.
GRADING
A redistribution of sand or other unconsolidated earth to effect a change in profile.
MAINLAND
Long Island.
MAJOR ADDITION
An addition to a structure resulting in a 25% or greater increase in the ground area coverage of the structure other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of "existing structures" as defined in therein.
MEAN HIGH WATER
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 based upon Nassau County datum.
MEAN LOW WATER
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.
MODIFICATION
A change in size, design or function.
MOVABLE STRUCTURE
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.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, primary dune, secondary dune or marsh and their vegetation.
NATURAL PROTECTIVE FEATURE AREA
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.
NEARSHORE AREA
Those lands under water beginning at the mean low-water line and extending waterward in a direction perpendicular to the shoreline to a point where mean low-water depth is 15 feet or to a horizontal distance of 1,000 feet from the mean low-water line, whichever is greater.
NORMAL BEACH MAINTENANCE
Includes, but not limited to, periodic regrading, cleaning, adding and removing sand fencing, smoothing out winter sand accumulation, cleaning windblown sand from walks, fences, walls, under boardwalks, debris removal, installation of wooden boardwalks, telephone communications, lifeguard chair mounds and vehicle emergency routes.
NORMAL MAINTENANCE
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 designated at the time that normal maintenance is scheduled to begin. Normal maintenance of a structure does not require a coastal erosion management permit.
PERSON
Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNE
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.
RECEDING EDGE
The most landward line of action erosion or, in cases where there is no discernible line of active erosion, the most waterward line of permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding shoreline moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement of a structure, or a major addition to 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 sand.
RESTORATION
The reconstruction without modification of a structure, the cost of which equals or exceeds 50% of the estimated full replacement cost of the structure at the time of restoration. Modifications, however, may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources.
DUNE
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.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which:
A. 
Are essential to the survival of a large portion of a particular fish or wildlife population;
B. 
Support rare or endangered species;
C. 
Are found at a very low frequency within a geographic area;
D. 
Support fish or wildlife populations having significant commercial or recreational value; or
E. 
That would be difficult or impossible to replace.
STRUCTURAL HAZARD AREA
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 the landward limit of the fronting natural protective feature and measuring along a line perpendicular to the shoreline a horizontal distance landward which is forty times the long-term average annual recession rate.
STRUCTURE
Any object constructed, installed or placed in, on or under land or water including, but not limited to: a building, permanent shed, deck, inground and aboveground pool, garage, mobile home, road, public service distribution, transmission or collection system, tanks, docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetment, artificial beach nourishment or any addition to or alteration of the same.
TEMPORARY EROSION CONTROL STRUCTURES
Temporary sand fences erected across the beach face in a prescribed manner by the Commissioner from October 1 until March 10 of the following year whereupon such sand fences or temporary erosion control structures are removed and sand accumulations spread out.
TOE
The lowest surface point on a slope face of a dune or beach.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter and which include but are not limited to: elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach, 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 the approved maintenance program. Normal beach maintenance activities, which include regrading of winter sand accumulation on beach fences, cleaning windblown accumulations of sand from walks, fences, walls and under boardwalks or other elevated structures, installation of wooden boardwalks, lifeguard telephone communications, lifeguard chair mounds and vehicle emergency routes, however, implementation of practices will not be construed to include any activity that involves the construction or placement of a structure.
VEGETATION
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. Such vegetation may include such species as:
A. 
American beach grass (Ammophila breviligulata).
B. 
Panic grass (Panicum amarum).
C. 
Virginia creeper (Parthenocissor guinguefolia).
D. 
Palse heather (Hudsonia tormentosa).
E. 
Sea rocket (Cakile edentula).
F. 
Beach pea (Lathyrus japonicus).
G. 
Spurge (Euphorbia polygorifolia).
H. 
Dusty miller (Artemisia stelleriana).
I. 
Rugosa rose (Rose rugosa).
J. 
Northern bayberry (Myrica pennsylvaniia).
K. 
Beach plum (Prunus martinia).
L. 
Shore juniper (Juniperus conferta)
M. 
Japanese black pine (Pinus thumbergii).
The coastal erosion hazard area hereby is established to classify land and water areas within the Village of Atlantic Beach, based upon shoreline recession rates, which have been computed by the New York State Department of Environmental Conservation or the location of natural protective features. The boundaries of the areas are established on the final map prepared by the New York State Department of Environmental Conservation under § 34-0104 of the New York State Department of Environmental Conservation Law and entitled, "Coastal Erosion Hazard Area Map of the Village of Atlantic Beach," including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation Pursuant to Article 34, § 0104 of the New York State Environmental Conservation Law.
A. 
No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Areas Map, as amended, without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities.
B. 
General standards. A coastal erosion management permit will be issued only with a finding by the Commissioner of Conservation and Waterways of the Village of Atlantic Beach that the proposed regulated activity:
(1) 
Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.
(2) 
Is not likely to cause a measurable increase in erosion at the proposed site and at other locations.
(3) 
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 regulate activities within coastal erosion 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 structures within the duties or seaward of the landward edge of the erosion hazard are line prohibited.
C. 
No permanent structure may be located seaward of the local erosion hazard area line.
D. 
Plans for landward location of movable structures must be included with each application for a permit.
E. 
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.
(1) 
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.
(2) 
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 Village at the time the permit is issued.
(3) 
Debris from structural damage which may occur as a result of sudden unanticipated dune migration or wave action must be removed within 60 days of the damaging event.
F. 
Any grading, excavation or other soil disturbance conducted within a structural hazard area is prohibited without a coastal erosion management permit from the Commissioner.
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 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 which may be issued only for expansion or stabilization of beaches.
(3) 
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 and by the Village of Atlantic Beach's Commissioner of Conservation and Waterways.
(4) 
All development is prohibited on nearshore areas unless specifically provided for by this chapter.
A. 
Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toe of dunes. Beaches that are high and 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.
B. 
The following restrictions apply to regulated activities in beach areas:
(1) 
Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited.
(2) 
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit which may be issued only for expansion or stabilization of beaches.
(3) 
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 and by the Village of Atlantic Beach's Commissioner of Conservation and Waterways.
(4) 
All development is prohibited on beaches unless specifically provided for by this chapter.
(5) 
It shall be unlawful for any person, firm, corporation or municipality to operate or direct the operation of a vehicle of any description within the erosion hazard area, except as necessary for erosion control purposes with the approval of the Commissioner of Conservation and Waterways.
(6) 
Only four-wheel-drive vehicles are permitted to be used for specific purposes and in designated traffic control corridors in accordance with §§ 90-9 and 90-12 of this chapter.
(7) 
No person, firm, corporation, association or municipality may excavate, remove or permit to be removed any sand from the beach being a part of the Long Beach barrier island (except that which falls under the jurisdiction of the City of Long Beach, the Town of Hempstead or other unincorporated areas of the Town of Hempstead's erosion hazard area) without a coastal erosion management permit.
(8) 
The restoration of existing structures on beaches that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
A. 
Dunes 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, the use of specialized sand fencing and assurance of a supply of nourishment sand to the dunes.
B. 
The following restrictions apply to regulated activities in dune areas:
(1) 
In primary dune areas and in dune protection zone areas:
(a) 
Excavating, grading or mining of dunes is prohibited.
(b) 
Relocating or manipulation of any sand dune or portion thereof within the dune area without a coastal erosion management permit is prohibited.
(c) 
Dune creation requires a coastal erosion management permit.
(d) 
Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a coastal erosion management permit.
(e) 
All depositions must be vegetatively stabilized using species tolerant of the conditions at the site, in conjunction with specialized dune fencing which must be placed so as to increase the size of or restore a dune or dune area. Such vegetation shall not be removed or destroyed, except certain species of vegetation may be removed from or planted in the dune areas specifically for erosion control purposes, if authorized by the Commissioner and regulated by a coastal erosion management permit.
(f) 
The provisions of Local Law No. 2 of 1989 of the laws of the Village of Atlantic Beach regarding the posting of notices to the contrary notwithstanding, when signs are posted within any dune area which conveys the understanding that every person, firm, public or private corporation shall not trespass upon and shall keep off the dunes, for purposes of the section trespass shall mean to transgress, cross, intrude, go upon, injure or damage with violence, either actual or implied.
(g) 
Active bird nesting and breeding areas, whether or not posted, fenced or in some way delineated, 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 and by the Village of Atlantic Beach's Commissioner of Conservation and Waterways.
(h) 
Access by pedestrians and official vehicles through the dune area shall be by elevated access structure only. Each elevated access structure must have a minimum clearance of three feet over the top of the dune structure. Such structure may be modified or changed subject to a coastal erosion management permit.
(i) 
No person may be allowed to excavate any portion of a dune structure for the purpose of providing access to the beach without a coastal management permit.
(j) 
Non-major additions to existing structures are allowed on primary dunes and dune protection zones areas pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the dune.
(k) 
Stone revetments or other erosion protection structures compatible with dunes will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between the dunes and their fronting beaches.
(2) 
In secondary dune areas:
(a) 
All depositions must be of clean sand of a compatible type and size and all grading must be preformed so as to increase the size of or restore, a dune or former dune area.
(b) 
Excavating, grading or mining must not diminish the erosion protection afforded by them.
(c) 
Secondary dune creation requires a coastal erosion management permit.
(d) 
Non-major additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit.
(e) 
Permitted construction, reconstruction, restoration or modifications must be built on adequately anchored pipings 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.
(f) 
Relocating or manipulation of any sand dune or portion thereof within the secondary dune area without a coastal erosion management permit is prohibited.
(g) 
Dune vegetation shall not be removed or destroyed, except that certain species of vegetation may be removed from or planted in the secondary dune areas specifically for erosion control purposes if authorized by the commissioner and regulated by a coastal erosion management permit.
(h) 
The provisions of Local Law No. 2 of the laws of the Village of Atlantic Beach regarding the posting of notices to the contrary notwithstanding, when signs are posted within any dune area which conveys the understanding that every person, firm, public or private corporation shall not trespass upon and shall keep off the dunes for purposes of this section, trespass shall mean to transgress, cross, intrude, go upon, injure or damage with violence, either actual or implied.
(i) 
Active bird nesting and breeding areas, whether or not posted, fenced or in some way delineated, 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 and by the Village of Atlantic Beach's Commissioner of Conservation and Waterways.
(j) 
Access by pedestrians and official vehicles through the secondary dune area, shall be by elevated access structures only. Each elevated access structure must have a minimum clearance of three feet over the top of the dune structure. Such structure may be modified or changed subject to a coastal erosion management permit.
(k) 
No person may be allowed to excavate any portion of a dune structure for the purpose of providing access to the beach without a coastal erosion management permit.
(l) 
The restoration of existing structures in dune areas that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit, but are subject to all applicable building zone regulations.
[1] 
All other activities and development in dune areas are prohibited unless specifically provided for by this chapter.
[2] 
The restrictions of § 90-12, Traffic control, apply to secondary dune areas.
(3) 
It shall be unlawful for any person to traverse or walk upon, over or across or to damage, in any manner whatsoever, a dune or any portion of a dune at any point within the Village of Atlantic Beach. For good cause shown, the Village Clerk or other competent government official may give prior written permission for a person to traverse or walk upon a dune. Nothing herein shall prevent any resident from traversing or walking upon any Village-approved beach access area.
[Added 11-17-2008 by L.L. No. 3-2008]
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.
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 tan 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.
E. 
Temporary erosion protection structures or sand fences must be erected by every owner of real property bordering the Atlantic Ocean on the Long Beach barrier island between the period of October 1 and March 10 of each year, to within 50 feet of the mean high-water mark, each fence not less than four feet high, composed of vertical slats of the type commonly known an snow fence or sand fence or equivalent in sufficient quantity to catch and hold sand drifting or blowing from the beach. Such fencing shall be erected in an appropriate direction as prescribed by the Commissioner to ensure the capture of the greatest amount of sand.
All 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.
B. 
Motor vehicle traffic is prohibited on all dunes, except for officially designated crossing areas.
C. 
Pedestrian passage across dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures.
D. 
All vehicles approved for use on coastal erosion management areas must be equipped with four wheel-drive.
E. 
All unnecessary vehicular traffic not associated with specific management tasks are prohibited.
A. 
Applicability. 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.
B. 
Notification to commissioner. The Commissioner of Conservation and Waterways of the Village of Atlantic Beach must be notified in writing 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 Commissioner of Conservation and Waterways of the Village of Atlantic Beach determines that a regulated activity has been undertaken without a coastal erosion management permit and does not meet the emergency activity criteria, then the Commissioner will order the immediate cessation of the activity. In addition, the Commissioner may require:
A. 
Removal of any structure that was constructed or placed without a coastal erosion management permit; and
B. 
The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without a coastal erosion management permit.
A. 
Variances from standards and restrictions. 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:
(1) 
No reasonable, prudent, alternative site is available.
(2) 
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.
(3) 
The development will be reasonably safe from flood and erosion damage.
(4) 
The variance requested is the minimum intent necessary to overcome the practical difficulty or hardship which was the basis for the required variance.
(5) 
Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects.
B. 
Format and procedure. 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 Subsection A. The burden of demonstrating that the requested variance meets those criteria rests entirety with the applicant.
C. 
Fees. Each variance request must be accompanied by the required fee or fees as established by the Village Board under separate resolution.[1]
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
D. 
Expiration. 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.
A. 
There hereby is constituted in the Village of Atlantic Beach the Coastal Erosion Hazard Board of Review which is comprised of five permanent members who shall be the Mayor and two Trustees of the Village of Atlantic Beach, who are not members of the Commission of Conservation and Waterways and two appointed Commissioners, who are not members of the Commission of Conservation and Waterways. This Board shall have the authority to:
(1) 
Hear, approve, approve with modification or deny requests for variances or other forms of relief from the requirements of this chapter.
(2) 
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Commissioner of Conservation and Waterways of the Village of Atlantic Beach in the enforcement of this chapter, including any order requiring an alleged violator to stop, cease and desist.
B. 
Appeal. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination of the Commissioner of Conservation and Waterways of the Village of Atlantic Beach, 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:
(1) 
Appeals must be filed with the Commissioner of Conservation and Waterways of the Village of Atlantic Beach within 30 days of the date of the adverse decision.
(2) 
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.
(3) 
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 of the Coastal Erosion Hazard Board of Review or any officer or Board of the Village of Atlantic Beach, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Laws and Rules.
Coastal erosion management permits. A coastal erosion management permit will be issued for regulated activities which comply with the general standards under § 90-6B and the restrictions and requirements of the applicable sections of this chapter, providing the following is adhered to:
A. 
The application for a coastal erosion management permit must be made upon the form provided by the Commissioner of Conservation and Waterways of the Village of Atlantic Beach and must include the following minimum information:
(1) 
A description of the proposed activity.
(2) 
A map drawing to a scale no smaller than 1:24,000, showing the location of the proposed activity.
(3) 
Any additional information the Commissioner may require to properly evaluate the proposed activity.
B. 
Each application for a coastal erosion management permit must be accompanied by the required fee or fees as established by the Village Board under separate resolution.
C. 
Permits will be issued by and bear the name and signature of the Commissioner of Conservation and Waterways of the Village of Atlantic Beach and will specify the:
(1) 
Activity or operation for which the permit is issued.
(2) 
Address or location where the activity or operation is to be conducted.
(3) 
Name and address of permittee.
(4) 
Permit number and date of issuance.
(5) 
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 Article 34 of the Environmental Conservation Law of the State of New York, the Coastal Erosion Management Regulations implementing Article 34 of the Environmental Conservation Law and the laws and policies of the Village of Atlantic Beach.
F. 
When an application is made for a coastal erosion management permit, 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 Commissioner of Conservation and Waterways shall, at the request of the applicant, consolidate 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 agency which is 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.
The Village of Atlantic Beach may require a bond or other form of financial security. Such board or security must be in an amount, with such surety and conditions as are satisfactory to the Village of Atlantic Beach, so as to ensure compliance with the terms and conditions stated in the coastal erosion management permit.
A. 
The authority for administering and enforcing this chapter is hereby conferred upon the Commissioners of Conservation and Waterways of the Village of Atlantic Beach. The Commission will be comprised of three permanent members who shall be two Trustees of the Village of Atlantic Beach, who are not members of the Coastal Erosion Hazard Board of Review and one appointed commissioner, who is not a member of the Coastal Erosion Hazard Board of Review.
B. 
The Commissioners have the powers and duties to:
(1) 
Apply the regulations, restrictions and standards or other provisions of this chapter.
(2) 
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.
(3) 
Review and take appropriate actions on completed applications.
(4) 
Issue and sign all approved permits.
(5) 
Transmit written notice of violation to property owners or to other responsible persons.
(6) 
Prepare and submit reports.
(7) 
Perform compliance inspections.
(8) 
Serve as the primary liaison with the New York State Department of Environmental Conservation.
(9) 
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 requests for information from the New York State Department of Environmental Conservation.
(10) 
Perform normal and customary administrative functions required by the Village of Atlantic Beach relative to the Coastal Erosion Hazard Areas Act, Article 34 of the Environmental Conservation Law of the State of New York, 6 NYCRR Part 505 and this chapter.
(11) 
Have, in addition, powers and duties as are established in or reasonably implied from this chapter as are necessary to achieve its stated purpose.
The provisions of this chapter will take precedence over any other laws, ordinances or codes in effect in the Village of Atlantic Beach 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 relive the permit applicant from the responsibility of obtaining other permits or approvals as may be necessary, nor does it convey any lights 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.
A. 
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof, is guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day of continued violation shall constitute a separate additional offense.
C. 
In addition, this chapter may be enforced by civil action, including an injunction; any person who has violated or permitted a violation of this chapter may be directed by the Village of Atlantic Beach to repair and restore the damage caused by such person. Such person shall be liable to the Village of Atlantic Beach for the full cost of such repair and restoration.
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.
Procedure. The Village legislative body may, on its motion or on petition or on recommendation from the Commissioner of Conservation, amend, supplement or repeal the provisions, regulations, procedures or standards of this chapter. When an amendment is duly proposed, the Village legislative body must:
A. 
Notify the Commissioner of the New York State Department of Environmental Conservation in writing of all proposed amendments and request his advise as to whether such amendment is subject to his approval and if so, whether such amendment conforms to the minimum standards of a certified program.
B. 
Issue public notice and conduct a hearing on all proposed amendments. The Village legislative body, by resolution, must cause notice of such hearings time, date and place to be published in the official newspaper not less than 10 days prior to the date of the hearing.
C. 
Refer to the proposed amendment at least 30 days prior to the public hearing, in writing, to:
(1) 
The Commissioner of Conservation, unless initiated thereby, for their review of the amendment and their report to the Village, legislative body of recommendations thereon, including a full statement of reasons for such recommendations.
(2) 
The County Planning Board for its review and recommendations pursuant to Article 12-B, § 239 of the New York State General Municipal Law.
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; completed the public hearing process and intergovernmental review; been finally approved and adopted by the Village's legislative body; been certified by the Commissioner, the Village Clerk will as prescribed by § 27 of the Municipal Home Rule Law:
A. 
Record the amended local law in the Village Clerk's Minute Book and in the Recorded Book of Local Laws.
B. 
File the amended local law within five days after adoption as follows:
(1) 
One copy in the Village 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.