The Coastal Erosion Hazard Area is hereby established
to classify land and water areas within the City of Rochester, based
upon shoreline recession rates or the location of natural protective
features. The Coastal Erosion Hazard Area consists of the Natural
Protective Feature Area and the Structural Hazard Area. The boundaries
of the Coastal Erosion Hazard Area, Natural Protective Feature Area
and Structural Hazard Area are those boundaries for each such area
delineated as such and established on the final map prepared by the
New York State Department of Environmental Conservation under § 34-0104
of the New York State Environmental Conservation Law and entitled
"Coastal Erosion Hazard Area Map of the City of Rochester," including
all amendments thereto by the Commissioner of the New York State Department
of Environmental Conservation.
A.
Administrator. The Administrator has the power and
duty to review and decide completed applications for a coastal erosion
management permit, hereinafter referred to as the permit.
B.
Initiation. An application for a permit may be filed
by the owner of or other person having a contractual interest in the
subject property.
C.
When permit required. No person may engage in any
of the following activities within the Coastal Erosion Hazard Area
without first obtaining a permit:
E.
Procedure.
(1)
Application. Applications for a permit shall be submitted to the Administrator. A nonrefundable application fee, in the amount set forth in § 43A-29 hereof, shall accompany the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Administrator, but shall in all instances contain at least the following information and documentation:
(a)
The applicants name and address and interest
in the subject property;
(b)
The owner's name and address, if different than
the applicant's, and the owner's signed consent to the filing of this
application;
(c)
The street address or legal description of the
subject property;
(d)
A description of the proposed activity;
(e)
The particular provision of this chapter authorizing
the issuance of a permit for the proposed activity;
(f)
A written statement stating specifically how
the proposed activity meets the requirements and standards of this
chapter for issuance of a permit;
(g)
A map drawn to a scale no smaller than 1:24,000,
showing the location of the proposed activity;
(h)
Any additional information and documentation
the Administrator may require to evaluate and determine the application;
(i)
Evidence of the financing plan that the applicant
proposes to use to complete the proposed activity, including the following:
a letter of credit, or similar security acceptable to the Administrator
and a fully executed agreement in the form provided by the City. The
letter of credit in favor of the City of Rochester for the estimated
cost of activity shall be unconditional and irrevocable for a period
not to exceed two years. The agreement shall also be irrevocable for
a period of two years and shall permit the City of Rochester to enter
the subject property and to install such improvements if the applicant
fails to do so within the period of time specified in the agreement.
Such letter of credit or similar security and the agreement, each
in a form satisfactory to the Administrator, shall be submitted prior
to obtaining a building permit as a condition of permit approval.
Should the applicant fail to perform the activity within the agreed
period of time, the Administrator shall issue a written notice of
such failure to the applicant. It shall be sufficient service of such
notice if it is mailed to the applicant at the address provided in
the permit application. If the applicant fails to perform the required
activity within 15 days of the issuance of such notice, the Administrator
is authorized to draw upon the letter of credit or other security
as may be necessary to cover the costs to the City to perform work
which the applicant failed to perform. The applicant may request a
hearing before the Administrator within five days from the issuance
of the notice. The hearing will be held before the expiration of the
fifteen-day notice period. The letter of credit or other security,
described in this subsection, may be waived by the Administrator where:
[1]
No site improvements or alterations to the site
are associated with the application for permit approval and no site
improvement conditions have been attached to such approval.
[2]
None of the proposed or required site improvements
will have any discernible impact on adjacent private property or on
the public right-of-way and such improvements primarily affect the
user of the property and not adjacent property owners or the general
public.
(2)
Action by Administrator. Within 45 days of receipt
of a completed application, the Administrator shall render a decision,
either issuing the permit, issuing the permit subject to conditions
or denying the application. Within seven days of such decision, the
Administrator shall mail notice of the decision to the applicant.
(3)
General standards. A permit shall be issued only if
the Administrator determines that the proposed activity:
(a)
Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
(b)
Is not likely to cause a measurable increase
in erosion at the proposed site and at other locations.
(c)
Prevents, if possible, or minimizes adverse
effects on natural protective features and their functions and protective
values, existing erosion protection structures and natural resources.
(d)
Complies with Article 34 of the Environmental
Conservation Law, 6 NYCRR 505, and the provisions of this chapter.
(4)
Form of permit.
(a)
Permits will be issued by and bear the name
and signature of the Administrator 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.
(b)
If more than one 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 of the permit.
(c)
A 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, the Coastal Erosion
Management Regulations implementing Article 34, 6 NYCRR 505 and this
chapter.
(d)
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 Administrator shall, at the request of the applicant
consolidate and coordinate to the extent practicable 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 the issuance, denial or modification of
such permits, variance or other forms of approval as they may have
been granted by law.
The following restrictions apply to regulated
activities within Structural 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 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 made. 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 25 feet.
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
a coastal erosion management permit must be removed before any part
of the structure is within 10 feet of the receding edge. The owner
of record is responsible for removing that structure and its foundation,
unless a removal agreement was attached to the original coastal erosion
management permit. With the attachment of a removal agreement to the
coastal erosion management permit, the landowner or the signature
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 Administrator
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 60 days of the damaging
event.
H.
Any grading, excavation or other soil disturbance
conducted within a Structural Hazard Area must not direct surface
water runoff over a bluff face.
A.
Findings. Nearshore areas dissipate a substantial
amount of wave energy before it is expended on beaches, bluffs or
dunes by causing waves to collapse or break. Nearshore areas also
function as reservoirs of sand, gravel and other unconsolidated material
for beaches. Sandbars, which are located in nearshore areas, control
the orientation of incoming waves and promote the development of ice
cap formations which help protect shorelines during winter storms.
The roots of aquatic vegetation in nearshore areas bind fine-grained
silts, clays and organic matter to form a fairly cohesive bottom that
resists erosion.
B.
Restrictions. 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
shall 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 shall require a coastal erosion management
permit.
(3)
All development is prohibited in nearshore areas unless
specifically provided for by this chapter.
A.
Findings. Beaches buffer shorelands from erosion by
absorbing wave energy that otherwise would be expended on the toes
of bluffs or dunes. Beaches that are high 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.
Restrictions. 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 shall 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.
(4)
All development is prohibited on beaches unless specifically
provided for by this chapter.
A.
Findings. 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 and
assurance of a supply of nourishment sand to the dunes.
B.
Restrictions. The following restrictions apply to
regulated activities in dune areas:
(1)
In primary dune areas:
(a)
Excavating, grading or mining of primary dunes
is prohibited.
(b)
Clean sand of a compatible type and size is
the only material which may be deposited. Any deposition shall require
a coastal erosion management permit.
(c)
All depositions must be vegetatively stabilized
using species tolerant of the conditions at the site and must be placed
so as to increase the size of or restore a dune or dune area.
(d)
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.
(e)
Nonmajor additions to existing structures are
allowed on primary dunes subject to the issuance of a coastal erosion
management permit, in conformance with any permit conditions concerning
the location, design and potential impacts of the structure on the
primary dune.
(f)
Stone revetments or other erosion protection
structures compatible with primary dunes will only be allowed at the
waterward toe of primary dunes and must not interfere with the exchange
of sand between primary 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 performed 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)
Nonmajor additions to existing structures are
allowed on secondary dunes pursuant to a coastal erosion management
permit.
(d)
Permitted construction, reconstruction, restoration
or modifications must be built on adequately anchored pilings such
that at least three feet of open space exists between the floor joints
and the surface of the secondary dune, and the permitted activity
must leave the space below the lowest horizontal structural members
free of obstructions.
(3)
All other activities and development in dune areas
are prohibited unless specifically provided for by this chapter.
A.
Findings. Bluffs protect shorelands and coastal development
by absorbing the often destructive energy of open water. Bluffs are
a source of depositional material for beaches and other unconsolidated
natural protective features.
B.
Restrictions. The following activities are prohibited
on bluffs:
(1)
Excavating or mining, except when in conjunction with
conditions stated in a coastal erosion management permit issued for
minor alterations in construction of an erosion protection structure
or for provision of shoreline access.
(4)
Disturbance of active bird-nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife management
activity approved, in writing, by the New York State Department of
Environmental Conservation.
(5)
Soil disturbance that directs surface water runoff
over a bluff face.
C.
The following activities are specifically allowed
on bluffs:
(1)
Minor alteration of a bluff done in accordance with
conditions stated in a coastal erosion management permit issued for
new construction, modification or restoration of an erosion protection
structure.
(2)
Bluff cuts done in accordance with conditions stated
in a coastal erosion management permit issued for the provision of
shoreline access, where:
(a)
The cut is made in a direction perpendicular
to the shoreline.
(b)
The ramp slope may not exceed 1:6.
(c)
Side slopes may not exceed 1:3 unless terraced
or otherwise structurally stabilized.
(d)
Side slopes and other disturbed nonroadway areas
must be stabilized with vegetation or other approved physical means.
(e)
The completed roadway must be stabilized and
drainage provided for.
(3)
New construction, modification or restoration of walkways
or stairways done in accordance with conditions of a coastal erosion
management permit.
(4)
Nonmajor additions to existing structures may be allowed
on bluffs pursuant to a coastal erosion management permit.
Any construction, modification or restoration
of erosion protection structures shall comply with the following:
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
or, where sufficient data is not currently available, must have 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 than 30 years
only when a maintenance program ensures that they will be regularly
maintained and replaced as necessary to attain the required 30 years
of erosion protection.
D.
A long-term maintenance program must be included with
every permit application of construction, modification or restoration
of an erosion-protection structure. The maintenance program must include
specifications for normal maintenance of degradable materials. To
assure compliance with the proposed maintenance programs, a bond may
be required.
Motorized and nonmotorized traffic within the
Coastal Erosion Hazard Area 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 bluffs and
on primary dunes, except for officially designated crossing areas.
C.
Pedestrian passage across primary dunes must utilize
elevated walkways and stairways or other specially designed dune crossing
structures.
