Pursuant to the provisions of Article 34 of
the New York State Environmental Conservation Law and § 10
of the Municipal Home Rule Law, the City of Oswego, County of Oswego,
State of New York, hereby this chapter.
This chapter shall be known and may be cited
as the "City of Oswego Coastal Erosion Hazard Area Law."
This chapter shall take effect twenty (20) calendar
days from June 25, 1984, which is the date of this chapter's adoption
and filing pursuant to § 27 of the Municipal Home Rule Law,
or the date of filing the official maps, whichever is later.
The City of Oswego hereby assumes the responsibility
and authority to implement and administer a coastal erosion management
program within its jurisdiction pursuant to Article 34 of New York
State Environmental Conservation Law. In addition, it is the purpose
of this chapter to:
A. Establish standards and procedures for minimizing
and preventing damage to structures from shoreline erosion and to
protect natural protective feature areas.
B. Regulate, in coastal areas subject to serious 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 to ensure that these structures are not prematurely destroyed
or damaged due to improper siting.
D. Restrict public investment in services, facilities
or 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 City of Oswego finds that the coastal erosion
hazard area:
A. Is prone to erosion from action of Lake Ontario. 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 of 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 natural resources,
as well as endangering human lives. When this occurs, individuals
and private businesses suffer significant economic losses, as do the
city and the 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 finds, which are costly,
often only partially effective over time and may even be harmful to
adjacent or nearby properties. In some sections of the city, major
erosion protection structures of great length would be required to
effectively reduce future damage due to erosion.
The following terms used in this chapter have
the meanings indicated, unless the context clearly requires otherwise:
ADMINISTRATOR
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in §
95-23.
BEACH
The zone of unconsolidated material that extends landward
from the mean low-water line to the place where there is a marked
change in a material or physiographic form or to the line of permanent
vegetation or to the waterward toe of a dune, whichever is most waterward.
BLUFF
Any bank or cliff with a precipitous or rounded face adjoining
a beach or a body of water. The waterward limit of a "bluff" is the
landward limit of its contiguous beach. Where no beach is present,
the waterward limit is mean low water. The landward limit is twenty-five
(25) feet landward of the receding edge.
COASTAL WATERS
Lake Erie, Lake Ontario, the St. Lawrence River and the Niagara
River and their connecting water bodies, bays, harbors, shallows and
marshes.
COASTLINE
The lands adjacent to the city's coastal waters.
COASTLINE 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 law.
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
material, principally sand.
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 also means the loss or displacement
of land due to the action of wind, runoff of surface waters or 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 erosion,
such as a groin, jetty, seawall, 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 June 25, 1984, which is
the effective date of this chapter.
MAJOR ADDITION
An addition to a structure resulting in a twenty-five-percent-or-greater
increase in the ground area coverage of the structure. The increase
will be calculated as the ground area coverage to be added, including
any additions previously constructed under an erosion area permit,
divided by the ground area coverage of the existing structure (see
definition of "existing structure").
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 inundation.
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 fifteen (15) feet or to a
horizontal distance of one thousand (1,000) feet from the mean low-water
line, whichever is greater.
NORMAL MAINTENANCE
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of the original structural. "Normal maintenance" of a structure does
not require an erosion area 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 (2) or
more parallel dune lines within a coastal area. Where there is only
one (1) dune present, it is the primary one. Occasionally one (1)
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 a "primary dune" is twenty-five (25) feet landward
of its landward toe.
RECEDING EDGE
The most landward line of active 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 any action or use of land or nearshore area which
materially alters the condition of land, including grading, excavating,
dumping, mining, dredging, filling or other disturbance of soil operations.
RESTORATION
The reconstruction of a structure, the cost of which equals
or exceeds fifty percent (50%) of the estimated full replacement cost
of the total structure as determined with reference to a current cost
data publication in common usage, such as Building Construction Cost
Data by Means.
SECONDARY 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 twenty-five (25) feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats essential to survival of a large portion of
a particular fish or wildlife population which support rare or endangered
species, that support fish or wildlife populations having significant
commercial or recreational value or that would be difficult or impossible
to replace.
STRUCTURAL HAZARD AREA
Those shorelands, other than natural protective features,
subject to erosion and located landward of shorelines having an average
annual recession rate of one (1) foot or more per year. The inland
boundary of a "structural hazard area" is calculated by starting at
the landward limit of a bluff and measuring along lines perpendicular
to the shoreline a horizontal distance which is forty (40) 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; garage; mobile home; public service distribution, transmission
or collection systems; tanks; docks; piers; wharves; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach nourishment;
or any addition to or alteration of the same.
TOE
The lowest surface point on a slope face of a dune or bluff.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter
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;
dock, piers, wharves or structures built on floats, columns, open
timber piles or other similar openwork supports with a top surface
area of less than two hundred (200) square feet or which are removed
in the fall of each year; normal beach grooming or cleanup; maintenance
of structures during normal beach grooming or cleanup; maintenance
of structures when normal and customary and/or in compliance with
an approved maintenance program; planting vegetation and sand fencing
so as to stabilize or entrap sand in primary dune and secondary dune
areas in order to maintain or increase the height and width of dunes;
routine agricultural operations involving cultivation and harvesting,
and the implementation of practices recommended in a soil and water
conservation plan as defined in § 3, Subdivision (12), of
the Soil and Water Conservation Districts Law; provided, however,
that agricultural operations and 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.
The Coastal Erosion Hazard Area is hereby established
to classify land and water areas within the City of Oswego, based
upon shoreline recession rates or the location of natural protective
features. The boundaries of the area are established on the final
map prepared by the New York State Department of Conservation
under § 34-0104 of the New York State Environmental Conservation
Law and entitled "Coastal Erosion Hazard Area Map of the City of Oswego,"
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to § 34-0104
of the New York State Environmental Conservation Law.
An erosion area permit will be issued only with
a finding by the Administrator that the proposed regulated activity:
A. Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion
at the proposed site or at other locations.
C. Prevents, if possible, or minimizes adverse effects
on natural protective features and their functions and protective
values, existing erosion protection structures or natural resources.
The following restrictions apply to regulated
activities within structural hazard areas:
A. An erosion area permit is required for the installation
of public service distribution, transmission or collection systems
for gas, electricity, water or wastewater. Systems installed along
the shoreline must be located landward of the shoreline structures.
B. The construction of nonmovable structures or placement
of major nonmovable additions to an existing structure is prohibited.
C. Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at the
time the structure is moved. Below-grade footings will be allowed
if satisfactory provisions are made for their removal.
D. No movable structure may be located closer to the
landward limit of a bluff than twenty-five (25) feet or, where no
bluff or dune is present, within twenty-five (25) feet of the landward
limit of a beach.
E. No movable structure may be placed or constructed
such that, according to accepted engineering practice, its weight
places excessive groundloading on a bluff.
F. Plans for landward relocation of movable structures
must be included with each application for a permit. Movable structures
which have been located within a structural hazard area, pursuant
to an erosion area permit, must be removed before the edge of the
structure closest to the line of recession is within ten (10) feet
of the receding edge. The last owner of record, as shown on the latest
assessment roll, is responsible for removing that structure and its
foundation, unless a removal agreement was attached to the original
erosion area permit. With the attachment of a removal agreement of
the erosion area 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 city at the time the permit
is issued.
G. Debris from structural damage which may occur as a
result of sudden unanticipated bluff-edge failure, dune migration
or wave or ice action must be removed within sixty (60) days of the
damaging event.
H. Any grading, excavating or other soil disturbance
conducted within a structural hazard area must not direct surface
water runoff over the receding edge.
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 thirty (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 thirty (30) years.
Individual component materials may have a working life of less than
thirty (30) years only when a maintenance program ensures that they
will be regularly maintained and replaced as necessary to attain the
required thirty (30) years of erosion protection.
D. A long-term maintenance program must be included with
every permit application for 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 program, a bond may
be required.
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 or
bluff.
B. Motor vehicle traffic is prohibited on primary dunes,
except for officially designated crossing areas and on bluffs.
C. Pedestrian passage across primary dunes must utilize
elevated walkways and stairways or other specially designed dune crossing
structures.
Any person or persons jointly or severally aggrieved
by a decision by the Coastal Erosion Hazard Board of Review or any
officer, department, board or bureau of the city may apply to the
Supreme Court for review by a proceeding under Article 78 of the Civil
Practice Law and Rules.
An erosion area permit will be issued for regulated activities which comply with the general standards (§
95-9), restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A. The application for an erosion area permit shall be
made upon the form provided by the Administrator and must include
the following minimum information:
(1) A description of the proposed activity.
(2) A map drawn to a scale no smaller than one foot to
twenty-four thousand feet (1:24,000), showing the location of the
proposed activity.
(3) Any additional information the Administrator may require
to properly evaluate the proposed activity.
B. Each application for an erosion area permit shall
be accompanied by the required fees as established by the city legislative
body under separate resolution.
C. Permits shall be issued by and bear the name and signature
of the Administrator and shall 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 (1) year from the date of issuance.
(6) The terms and conditions of the approval.
D. When more than one (1) erosion area 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 shall not invalidate the remainder.
E. An erosion area permit may be issued with such terms
and conditions as are necessary to ensure compliance with the policies
and procedures of Article 34 of the New York State Environmental Conservation
Law, implementing Article 34 (6 NYCRR 505) and the laws and policies
of the city.
F. Permits are not transferable or assignable.
G. 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 Zoning Administrator shall, at the request of
the applicant, consolidate and 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 agencies which are properly a party to such a consolidated
review proceeding from the independent exercise of such discretionary
authority with respect to issuance, denial or modification of such
permits, variances or other forms of approval as they may have been
granted by law.
[Added 4-10-1989 by L.L. 1-1989]
The city may require a bond or other form of
financial security. Such bond or security must be in an amount, with
such surety and conditions as are satisfactory to the city so as to
ensure compliance with the terms and conditions stated in the erosion
area permit.
The authority for administering and enforcing
this chapter is hereby conferred upon the Administrator. The Administrator
shall have the powers and duties to:
A. Apply the regulations, restrictions and standards
or other provisions of this chapter.
B. 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 local law.
C. Review and take appropriate actions on completed applicants.
D. Issue and sign all approved permits.
E. Transmit written notice of violations to property
owners or to other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
H. Serve as the primary liaison with the New York State
Department of Environmental Conservation.
I. Keep official records of all permits, inspections,
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.
J. Perform normal and customary administrative functions
required by the city, relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York State Environmental Conservation Law,
6 NYCRR 505 and this chapter.
K. Have, in addition, powers and duties as are established
in or reasonably implied from this chapter as are necessary to achieve
its stated purpose.
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 violation of this chapter is hereby declared
to be an offense punishable by a fine not exceeding two hundred fifty
dollars ($250.) or imprisonment for a period not to exceed six (6)
months, or both. Each day's continued violation of this chapter shall
constitute a separate additional violation. Nothing herein shall prevent
the proper local authorities of the city from taking such other lawful
actions or proceedings as may be necessary to restrain, correct or
abate any violations of this chapter.
The city legislative body may, on its motion
or on petition or on recommendation from the Planning Board, amend,
supplement or repeal the provisions, regulations, procedures or standards
of this chapter.
A. When an amendment is duly proposed, the city legislative
body must:
(1) Notify the Commissioner of the New York State Department
of Environmental Conservation, in writing, of all proposed amendments
and request his advice 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.
(2) Issue public notice and conduct a hearing on all proposed
amendments. The city legislative body, by resolution, shall cause
notice of such hearing's time, date and place to be published in the
official newspaper not less than ten (10) days prior to the date of
the hearing.
(3) Refer the proposed amendment at least thirty (30)
days prior to the public hearing, in writing, to:
(a)
The Planning Board, unless initiated thereby,
for its review of the amendment and its report to the city legislative
body of recommendations thereon, including a full statement of reasons
for such recommendations.
(b)
The County Planning Board for its review and
recommendation pursuant to Article 12-B, § 239-m, of the
New York State General Municipal Law.
B. Approval by Commissioner. After enactment, the amendment
must be sent to the Commissioner of Environmental Conservation for
certification.
C. Recording. 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 city legislative body and been certified
by the Commissioner, the Clerk shall file, as prescribed by § 27
of the Municipal Home Rule Law:
(1) One (1) copy in the Clerk's office.
(2) Three (3) copies in the office of the Secretary of
State.
(3) One (1) copy with the Commissioner of the New York
State Department of Environmental Conservation.