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.
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.
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.