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.
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.
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 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.
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.
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.
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.
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.
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.
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.