[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:
An island bordering on the Atlantic Ocean and entirely surrounded
by water.
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.
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.
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.
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.
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.
A linear accumulation of waterborne debris deposited on a
beach by storm induced high water or by wave action.
A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.
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.
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.
An area of the coastline which is a structural hazard area
or a natural protective feature area.
A structure specifically, designed to reduce or prevent long
term erosion such as a groin, jetty, revetment, breakwater or artificial
beach nourishment project.
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.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
Long Island.
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.
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.
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.
A change in size, design or function.
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.
A nearshore area, beach, primary dune, secondary dune or
marsh and their vegetation.
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.
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.
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.
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.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
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.
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.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
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.
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.
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.
Those habitats which:
Are essential to the survival of a large portion of a particular
fish or wildlife population;
Support rare or endangered species;
Are found at a very low frequency within a geographic area;
Support fish or wildlife populations having significant commercial
or recreational value; or
That would be difficult or impossible to replace.
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.
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 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.
The lowest surface point on a slope face of a dune or beach.
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.
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:
American beach grass (Ammophila breviligulata).
Panic grass (Panicum amarum).
Virginia creeper (Parthenocissor guinguefolia).
Palse heather (Hudsonia tormentosa).
Sea rocket (Cakile edentula).
Beach pea (Lathyrus japonicus).
Spurge (Euphorbia polygorifolia).
Dusty miller (Artemisia stelleriana).
Rugosa rose (Rose rugosa).
Northern bayberry (Myrica pennsylvaniia).
Beach plum (Prunus martinia).
Shore juniper (Juniperus conferta)
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.
(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.
(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.
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.
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:
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]
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:
