The coastal erosion hazard area is hereby established to classify land and water areas within the Village of Old Field, 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 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 Old Field," 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.
No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Areas Map of the Village of Old Field, as amended, without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities.
A coastal erosion management 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 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.
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 structure.
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 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 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. 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.
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. 
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. 
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.
(3) 
All development and/or activities of a constructive or destructive nature are prohibited in 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 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. 
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 Department.
(4) 
All development is prohibited on beaches unless specifically provided for by this chapter.
(5) 
The normal maintenance of structures may be undertaken without a coastal erosion management permit.
(6) 
The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
(7) 
Nonmajor additions to existing structures may be allowed on beaches pursuant to 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 beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.
B. 
The following restrictions apply to regulated activities on 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 requires 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 Department.
(e) 
Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impact 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.
(g) 
The normal maintenance of structures may be undertaken without a coastal erosion management permit.
(h) 
The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
(2) 
In secondary dune areas:
(a) 
Excavating or mining of secondary dunes is prohibited. Grading must not diminish the erosion protection afforded by them.
(b) 
All depositions must be of clean sand of a compatible type and size. All grading must be performed so as to increase the size of or restore a dune or former dune area and not diminish the erosion protection afforded by them. Such deposition must be vegetatively stabilized using native species tolerant to salt spray and sand burial. Such deposition requires a coastal erosion management permit.
(c) 
The normal maintenance of structures may be undertaken without a coastal erosion management permit.
(d) 
The construction, modification or restoration of a structure or major addition to an existing structure requires a coastal erosion management permit. Permit requirements include:
[1] 
A new structure, or the restoration of or major addition to an existing structure, must be built on adequately anchored pilings such that at least three feet of open space exists between the lowest horizontal structural members, e.g., floor joists and the surface of the secondary dune; and
[2] 
The space below the lowest horizontal structural members must be left open and free of obstructions.
(e) 
Exceptions:
[1] 
The provision in the preceding subsection that requires obtaining an erosion area permit for the construction, modification or restoration of a structure or major addition to an existing structure does not apply to elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beaches; and
[2] 
The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
(f) 
Nonmajor additions to existing structures may be allowed on secondary dunes pursuant to a coastal erosion management permit and shall be in accordance with the Code of the Village of Old Field.
(g) 
Vegetative planting and sand fencing, to stabilize or entrap sand to maintain or increase the height and width of dunes, do not require a coastal erosion management permit. Vegetative plantings must be of native species tolerant to salt spray and sand burial, such as American beach grass.
(3) 
The restrictions of § 19-16, Traffic control, apply to dune areas.
A. 
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. 
The following restrictions and requirements apply to regulated activities on bluffs:
(1) 
Excavating, grading or mining of bluffs is prohibited, 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.
(2) 
The restrictions of § 19-16, Traffic control, apply to bluffs.
(3) 
All development is prohibited unless specifically allowed by § 19-14 of this chapter.
(4) 
Disturbance of active bird nesting and breeding areas is prohibited unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department.
(5) 
Soil disturbance that directs surface water runoff over a bluff face is prohibited.
(6) 
Bluff cuts are prohibited.
(7) 
A coastal erosion management permit is required for new construction, modification or restoration of erosion protection structures, walkways or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement.
(8) 
The normal maintenance of structures may be undertaken without a coastal erosion management permit.
(9) 
The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
(10) 
Nonmajor additions to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit.
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 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 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 programs, a bond may be required.
Motorized and nonmotorized traffic must comply with § 70-3 of the Code of the Village of Old Field and 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 specifically designed dune crossing structures.