Pursuant to the provisions of Article 34 of the New York State Environmental
Conservation Law and § 10 of the Municipal Home Rule Law, the Village
of Old Field, County of Suffolk, State of New York, hereby enacts this chapter
by Local Law No. 1 of 1992.
This chapter shall be known and may be cited as the "Village of Old
Field Coastal Erosion Hazard Area Law."
This chapter shall take effect 20 calendar days from November 23, 1992,
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 Coastal
Erosion Hazard Area Maps, whichever is later.
The Village of Old Field 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 and in accordance with the official DEC Coastal Erosion Hazard Area Maps.
In addition, 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 and
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 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 Village of Old Field finds that the coastal erosion hazard area:
A. Is prone to erosion from action of Long Island Sound
and all other waterways adjacent to the Village of Old Field. 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 rainwater 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 village 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
by man's building without considering the potential for damage to the
property by:
(1) Undertaking activities which destroy natural protective
features such as dunes or vegetation;
(2) Building structures intended for erosion prevention which
may exacerbate erosion conditions on adjacent or nearby property; and
(3) 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.
The following terms used in this chapter have the meaning 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 §
19-29.
BEACH
As defined by this chapter, the zone of unconsolidated earth that
extends landward from the mean low-water line to the waterward toe of a dune
or bluff, whichever is most waterward. Where no dune or bluff exists landward
of a beach, the landward limit of a beach is 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."
BLUFF
Any bank or cliff with a precipitous or steeply sloped face adjoining
a beach or a body of water. The waterward limit of a bluff is the landward
limit of its waterward natural protective feature. Where no beach is present,
the waterward limit of a bluff is mean low water. The landward limit is 25
feet landward of the receding edge or, in those cases where there is no discernible
line of active erosion, 25 feet landward of the point of inflection on the
top of the bluff (the point of inflection is that point along the top of the
bluff where the trend of the land slope changes to begin its descent to the
shoreline).
COASTAL EROSION HAZARD AREA MAP
The final map and any amendments thereof issued by the Commissioner
of the New York State Department of Environmental Conservation, which delineate
boundaries of the coastal erosion hazard area subject to regulations under
this chapter.
COASTAL EROSION MANAGEMENT PERMIT
The permit required for any regulated activity performed in the coastal
erosion hazard area as delineated by the official DEC coastal erosion hazard
area.
COASTLINE AND COASTAL WATERS
The lands adjacent to the village's coastal waters are the "coastline."
"Coastal waters" are Long Island Sound and all adjacent waterways and their
connecting water bodies, bays, harbors, shallows and marshes.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a beach by
storm-induced high water or by wave action.
DEPARTMENT
The New York State Department of Environmental Conservation, also
referred to as the "DEC."
DUNE
A ridge or hill of loose, windblown or artificially placed earth,
the principal component of which is sand.
EMERGENCY
A natural or an accidental human-made event which presents an immediate
threat to life, health, safety, property or the environment.
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 but not limited to a groin, jetty, revetment, breakwater or artificial
beach nourishment project.
EXISTING STRUCTURE
A structure and appurtenances in existence or one where construction
has commenced or one where construction has not begun but for which a building
permit has been issued prior to November 23, 1992, which is the effective
date of this chapter.
GRADING
A redistribution of sand or other unconsolidated earth to effect
a change in profile.
MAJOR ADDITION
An addition to a structure resulting in a twenty-five-percent 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 addition
previously constructed under a coastal erosion management permit, divided
by the ground area coverage of the existing structure as defined in "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 high water or lower the reserve of sand or other
natural materials available to replenish storm losses through natural processes.
All natural and protective feature areas are delineated as such on coastal
erosion hazard area maps.
NEARSHORE AREA
Those lands under water beginning at the mean low-water line and
extending waterward in a direction perpendicular to the shoreline to a point
where mean low-water depth is 15 feet or to a horizontal distance of 1,000
feet from the mean low-water line, whichever is greater.
NORMAL MAINTENANCE
Periodic replacement or repair of same-kind structural elements or
protective coatings which do not change the size, design or function of a
functioning structure. A functioning structure is one which is fully performing
as originally designed at the time that normal maintenance is scheduled to
begin. "Normal maintenance" of a structure does not require a coastal erosion
management permit.
PERSON
Any individual, public or private corporation, political subdivision,
government agency, public improvement district, partnership, association,
firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNE
The most waterward major dune where there are two or more parallel
dunes within a coastal area. Where there is only one dune present, it is the
primary one. Occasionally one or more relatively small dune formations exist
waterward of the primary dune. These smaller formations will be considered
to be part of the primary dune for the purposes of this chapter. The waterward
limit of a primary dune is the landward limit of its fronting beach. The landward
limit of the primary dune is 25 feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion or, in cases where there
is no discernible line of active erosion, it is the most waterward line of
permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding shoreline,
including bluffs, moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement of a structure
or 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 soil.
RESTORATION
The reconstruction without modification of a structure, the cost
of which equals or exceeds 50% of the estimated full replacement cost of the
structure at the time of restoration. Modifications, however, may be allowed
if they do not exceed preexisting size limits, will not adversely affect natural
protective features and/or are intended to mitigate impacts to natural protective
features and other natural resources.
DUNE
The major dune immediately landward of the primary dune. The waterward
limit of a secondary dune is the landward limit of its fronting primary dune.
The landward limit of a secondary dune is 25 feet landward of its landward
toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which:
A.
Are essential to the survival of a large portion of a particular fish
or wildlife population;
B.
Support rare or endangered species;
C.
Are found at a very low frequency within a geographic area;
D.
Support fish or wildlife populations having significant commercial or
recreational value; or
E.
Would be difficult or impossible to replace.
STRUCTURAL HAZARD AREA
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate of one
foot or more per year (the inland boundary of a structural hazard area is
calculated by starting at the landward limit of the fronting natural protective
feature and measuring along a line perpendicular to the shoreline a horizontal
distance landward), which is 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; deck; in-ground
and aboveground pool; garage; mobile home; road; public service distribution,
transmission or collection system; tanks; docks; piers; wharf; 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:
A.
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.
B.
Docks, piers, wharves or structures, built on floats, columns, open
timber piles or other similar open work supports with a top surface area of
less than 200 square feet or other structures built on floats and which are
removed in the fall of each year.
C.
Normal beach grooming or cleanup;
D.
Maintenance of structures when normal and customary and/or in compliance
with an approved maintenance program.
E.
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.
F.
Routine agricultural operations, including cultivation or 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.