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.
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.
(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.
