[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 5-11-1992 as L.L. No. 3-1992. Amendments noted where applicable.]
Pursuant to the provisions of Article 34 of the New York State Environmental
Conservation Law and § 10 of the Municipal Home Rule Law, the Incorporated
Village of Bayville, County of Nassau, State of New York, hereby enacts by
Local Law No. 3 of 1992, this chapter.
This chapter shall be known and may be cited as "The Incorporated Village
of Bayville Coastal Erosion Hazard Area Law."
This chapter shall take effect on the date of this chapter's adoption
and filing pursuant to § 27 of the Municipal Home Rule Law, or the
date of filing of the official maps, whichever is later.
A.
The Incorporated Village of Bayville 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. In addition, it is the purpose
of this chapter to:
(1)
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.
(2)
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, other
natural resources, and to protect human life.
(3)
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.
(4)
Restrict public investment in services, facilities or
activities which are likely to encourage new permanent development in erosion
hazard areas.
(5)
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.
B.
Natural protective features include tidal wetlands. Tidal
wetlands are protective beaches covered with marsh grass which are protected
by 6 NYCRR Part 661. The marsh grasses on these intertidal beaches protect
the shoreline from wave erosive action during storm flood conditions, by dissipating
the energy of the waves.
A.
The Incorporated Village of Bayville finds that the coastal
erosion hazard area:
(1)
Is prone to erosion from the action of the Long Island
Sound. 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 and rainwater along the surface of the
land, or groundwater seepage, as well as by human activities such as construction,
navigation and certain forms of recreations.
(2)
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 business
suffer significant economic losses, as do village and 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.
(3)
Experiences erosion-related problems that are often contributed
to by man's building without considering the potential for damage to property,
by undertaking activities which destroy natural protective features such as
dunes or vegetation, by building structures intended for erosion prevention
which may exacerbate erosion conditions on adjacent property and by water
action produced by wakes from boats and waves from storms.
(4)
Is the subject of programs which foster erosion protection
structures, either with public or private 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 damage due
to erosion.
B.
The village further finds that:
(1)
Severe erosion requiring repair has occurred on the Long
Island Sound shore of Bayville, especially at Oak Neck Buffs, and along the
bay shore, especially at and near where public roads reach the shore. At these
locations stormwater runoff from streets, combined with wave action and flooding
during storms, has produced erosion damage requiring repairs. Erosion not
only destroys usable shorefront lands, but furthermore, eroded soil deposited
as siltation in the bay significantly impairs the viability of the intertidal
wetlands and nearshore area habitats, upon which fish and particularly shellfish
depend. Thus, erosion onto tidal wetlands buries some species of shellfish
and plants, and needs to be minimized or eliminated.
(2)
Therefore, development practices which exacerbate erosion
or runoff problems in the bay drainage basin, as well as in the delineated
area along the Long Island Sound shore, are to be discouraged or prohibited.
(3)
Gabion structures to prevent or reduce shorefront erosion
are not effective in the long term and have shown that they endure only about
four (4) years. They are designed to break up in order to dissipate the energy
of the most severe waves, and therefore they do not survive severe storms.
They are expensive to maintain and replace, and not economical or adequate
as seawalls.
(4)
Tidal wetlands are erosion-protective beaches covered
with marsh grass which needs to be maintained and protected. The marsh grasses
on these intertidal beaches protect the shoreline from wave erosive action
during storm flood conditions, by damping, that is, dissipating the energy
and attenuating the amplitude of the waves. Erosion onto the tidal wetlands
buries plants, as well as some species of shellfish. This damages the wetland
plants, thus diminishing their effectiveness in damping waves. Thereby erosion
onto tidal wetlands helps lead to more habitat-damaging erosion, and it especially
needs to be minimized. Development practices which exacerbate erosion or runoff
problems are to be discouraged or prohibited.
(5)
Steepening of slopes leads to increased erosion. When
developers have significantly steepened slopes during land clearing prior
to construction, to provide space for more houses on the adjacent flattened
land, it has helped cause or exacerbate erosion.
(6)
Loosening or removal of stones along the slope of the
water's edge for casual purposes, such as throwing into the water to make
a splash, severely contributes to erosion of finer materials during subsequent
storm events.
The following terms used in this chapter have 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 § 20-29.
- BEACH
- 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 the most waterward. When no dune or bluff exists landward of a beach, the landward limit of the beach is one hundred (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 outwash or inundation are considered to be beaches.
- BLUFF
- Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or 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 twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (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).
- CASUAL PURPOSES
- Purposes other than clamming, digging for bait worms, research or engineering, or erosion control or correction efforts; especially for throwing into the water to make a splash.
- COASTAL EROSION HAZARD AREA MAP
- The final map and any amendments thereto issued by the Commissioner of the New York State Department of Environmental Conservation, which delineates boundaries of coastal erosion hazard areas subject to regulation under this law.
- COASTLINE AND COASTAL WATERS
- The land adjacent to the village's coastal waters is the coastline. Coastal waters are Long Island Sound, Oyster Bay, Mill Neck Bay and Creek, Oak Neck Creek and 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.
- DUNE
- A ridge or hill of loose, windblown or artificially placed earth the principal component of which is sand.
- EROSION
- The loss or displacement of land along the coastline due to 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 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 the effective date of this chapter.
- GRADING
- A redistribution of sand or other unconsolidated earth to effect a change in profile.
- HIGH MARSH AREA
- From neap tide mark to highest spring tide zone, usually containing Spartina patens, Distichlis spicata and Juncus Gerardi.
- LOOSENING OF STONES
- Removal of rocks or stones or other material from the compacted surface or sediment strata of the shoreline soil, especially so as to leave a void or hole in the surface.
- LOW MARSH AREA
- The intertidal region from mean sea level to upper neap tide, usually containing Spartina alterniflora.
- 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 additions 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 MARK
- 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.
- MODIFICATION
- A change in size, design or function.
- 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
- A nearshore area, beach, bluff, primary dune, secondary dune or marsh and their vegetation, including wetlands.
- 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.
- 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 fifteen (15) feet or to a horizontal distance of one thousand (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 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 (2) or more parallel dunes within a coastal area. Where there is only one (1) dune present, it is the primary one. Occasionally one (1) or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be a 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 twenty-five (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 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 fifty percent (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 and are intended to mitigate impacts to natural protective features and other natural resources.
- SECONDARY 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 twenty-five (25) feet landward of its landward toe.
- SHORING UP
- Emplacing stone riprap or concrete or wooden or other cribbing material along the shoreline to combat erosion.
- SIGNIFICANT FISH AND WILDLIFE HABITAT
- Those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace or are listed by the NYS Department of State and Environmental Conservation as significant fish and wildlife habitat.
- STEEPENING
- Increasing the gradient or slope significantly or by thirty percent (30%) or more.
- STRUCTURAL HAZARD AREA
- Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one (1) 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 forty (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; wharves; 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 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; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area of less than two hundred (200) square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; 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; routine agricultural operations, including cultivation or harvesting and the implementation of practices recommended in a soil and water conservation plan as defined in § 3(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.
- WETLANDS
- Defined by 6 NYCRR Part 661.4(hh).
The coastal erosion hazard area is hereby established to classify land
and water areas within the Incorporated Village of Bayville, based upon the
shoreline recession rates of 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 Environmental Conservation Law and entitled, "Coastal
Erosion Hazard Area Map of the Incorporated Village of Bayville," 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 and on the Supplementary Map of Erosion
Control on Bayville's Bay Shorefront, adopted by the village, showing regulated
lands lying between mean high water and the indicated and here defined inland
limit. Such bayside inland limit shall be fifty (50) feet inland from mean
high water or from the landward edge of any intertidal wetlands as defined
under 6 NYCRR Part 661, whichever is more landward, but shall not extend inland
beyond the ten-foot elevation above mean sea level or beyond building structures
or rights-of-way improved by grading or paving. Sea walls, bulkheads, riprap
or any other erosion protection structures shall be within the regulated area,
and their presence shall not define or establish the landward limit of the
regulated erosion control area.
No person may engage in any regulated activity, defined in § 20-6, in an erosion hazard area as depicted on the Coastal Erosion Hazard Areas Map of the Incorporated Village of Bayville, as amended, and within the bayside erosion control area designated in § 20-7 above and shown on the Supplementary Map of Erosion Control Areas of Bayville's Bay Shore Front without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities defined in § 20-6 of this chapter.
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 in 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.
Does not cause or exacerbate erosion onto the adjacent
tidal wetland beaches.
E.
Provides adequate measures to mitigate the effects of
erosion produced in the course of any development or construction adjacent
or proximate to tidal wetlands, particularly those areas containing low marsh
or high marsh vegetation in a bay.
F.
Provides plantings and other nonstructural devices to
combat erosion.
G.
Does not increase the gradient of slopes exceeding twenty
percent (20%), along the shore, by more than thirty percent (30%) or beyond
the angle of repose, for development or construction purposes. This provision
does not prohibit slope changes involved in the emplacement of seawalls at
developed sites.
The following restrictions will apply to regulated activities within
structural hazard areas, if any such areas are identified or defined within
Bayville.
A.
A coastal erosion management permit is required for the
installation of public service distribution, transmission or collection system
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 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 twenty-five (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
ten (10) feet of the receding edge. The last owner of record, as shown on
the latest assessment roll, is responsible for moving 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 signatory 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 might occur as a
result of sudden unanticipated bluff edge failure, dune migration or wave
or ice action must be removed within sixty (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 shore lines
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, especially by wave action.
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 areas 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 is prohibited in nearshore areas unless
specifically provided for by this chapter.
(4)
Any debris which might effect erosion and deposition
patterns is to be removed for proper disposal, if the owner can be identified.
(5)
Shoring up of the shoreline to combat erosion will require
a coastal erosion hazard area permit.
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 and 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 and 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 of Environmental Conservation.
(4)
All development is prohibited on beaches unless specifically
provided for by this chapter.
(5)
Steepening of bluffs and other slopes along the shore
for construction or development purposes shall not increase, by more than
twenty percent (20%) or beyond the angle of repose, the gradient of slopes
presently exceeding twenty percent (20%). This provision does not prohibit
slope changes involved in the emplacement of seawalls at developed sites.
(6)
Seawall repairs or improvements shall be approved by
permit from the administrator. Wood, concrete or large stone stabilizing structures
shall be employed as sea walls to control erosion. Gabion sea walls are not
permitted. Emplacement of slope and beach stabilizing cribbing timbers of
wood or concrete are permitted. Nonstructural plantings to stabilize the bluffs
will also be used.
(7)
Adequate mitigating measures to combat the effects of
erosion are required when permitting any development or construction adjacent
or proximate to the tidal wetlands, particularly when spartina is in the bay.
Shoring up of eroding shorelines will be employed to protect tidal wetlands.
(8)
Loosening or removal of stones along the slope of the
beach, which results in subsequent erosion onto the wetlands, is prohibited.
(9)
Use of motorized recreational vehicles, including trail
bikes and four-wheel-drive vehicles, is prohibited on beaches.
(10)
New permanent or temporary buildings or sheds will not
be permitted to be constructed or erected on the water's edge side of existing
waterfront roads or rights-of-way, except when they are to be installed for
public purposes for beach and adjacent water body uses by government agencies.
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
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 requires a coastal erosion
management permit.
(c)
All depositions must be vegetatively stabilized using
species tolerant of the conditions of 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 of Environmental Conservation.
(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 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 dues 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 (3) feet of open space exists between the floor joists 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.
Bluffs protect shorelands and coastal developments by absorbing the
often destructive energy of open water. Bluffs are a source of depositional
material for beaches and other unconsolidated natural protective features.
A.
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 Department of Environmental Conservation.
(5)
Soil disturbance that directs surface water runoff over
a bluff face.
(6)
Steepening of bluffs and other slopes along the shore
for construction or development purposes shall not increase, by more than
twenty percent (20%) or beyond the angle of repose, the gradient of slopes
presently exceeding twenty percent (20%). This provision does not prohibit
slope changes involved in the emplacement of seawalls at developed sites.
(7)
Use of motorized recreation vehicles, including trail
bikes and four-wheel drive vehicles.
B.
Activities specifically allowed on bluffs shall be as
follows:
(1)
Minor alteration on 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)
Ramp slope may not exceed one to six (1:6).
(c)
Side slopes may not exceed one to three (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 complete roadway must be stabilized and drainage
provided for.
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 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 thirty (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 thirty (30) years. Individual
working components may have a working life of less than thirty (30) years
only when a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required thirty (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.
E.
Gabion construction is not to be employed in permitted
seawalls.
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 specially designed dune crossing
structures.
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety or welfare, including
preventing damage to natural resources. Whenever emergency activities are
undertaken, damage to natural protective features and other natural resources
must be prevented, if possible, or minimized.
The administrator must be notified by the person responsible for taking
the emergency measures within two (2) working days from the commencement of
an emergency measure and a description of the problem and activities provided.
The description must be in written form, outline the public health or safety
or resource for which protection was sought and relate the measures which
were taken to secure the protection.
If the administrator determines that a regulated activity has been undertaken
without a coastal erosion management permit and does not meet the emergency
activity criteria, then the administrator will order the immediate cessation
of the activity. In addition, the administrator may require:
Strict application of the standards and restrictions of this chapter
may cause practical difficulty or unnecessary hardship. When this can be shown,
such standards and restrictions may be varied or modified, provided that the
following criteria are met:
A.
No reasonable, prudent, alternative site is available.
B.
All responsible means and measures to mitigate adverse
impacts on natural systems and their functions and values have been incorporated
into the activity's design at the property owner's expense.
C.
The development will be reasonably safe from flood and
erosion damage.
D.
The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the requested
variance.
E.
Where public funds are utilized, the public benefits
must clearly outweigh the long-term adverse effects.
Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of § 20-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance requested must be accompanied by the required fee or fees
as established by the village's legislative body under separate resolution.
Any construction activity allowed by a variance granted by the Coastal
Erosion Hazard Board of Review must be completed within one (1) year from
the date of approval or approval with modifications or conditions. Variances
expire at the end of this one-year period without further hearing or action
by the Coastal Erosion Hazard Board of Review.
The Bayville Environmental Conservation Commission is hereby designated
as the Coastal Erosion Hazard Board of Review and has the authority to:
A.
Hear, approve, approve with modification or deny requests
for variances or other form of relief from the requirements of this chapter.
B.
Hear and decide appeals where it is alleged that there
is an error in any order, requirement, decision or determination made by the
administrator in the enforcement of this chapter, including any order requiring
an alleged violator to stop, cease and desist.
The Coastal Erosion Hazard Board of Review may, in conformity with the
provisions of this chapter, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination of the administrator, including
stop and desist orders. Notice of such decision will forthwith be given to
all parties in interest. The rules and procedures for filing appeals are as
follows:
A.
Appeals must be filed with the Village Clerk-Treasurer
within thirty (30) days of the date of the adverse decision.
B.
All appeals made to the Coastal Erosion Hazard Board
of Review must be in writing on standard forms prescribed by the Board. The
Board will transmit a copy to the Commissioner of the New York State Department
of Environmental Conservation for his information.
C.
All appeals must refer to the specific provisions of
this chapter involved, specify the alleged errors, the interpretation thereof
that is claimed to be correct and the relief which the appellant claims.
Any person or persons jointly or severally aggrieved by a decision of
the Coastal Erosion Hazard Board of Review or any officer, department, Board
or Bureau of the village may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 20-9), restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A.
The application for a coastal erosion management permit
must be made upon the form provided by the administrator and must include
the following minimum information:
B.
Each application for a coastal erosion management permit
must be accompanied by the required fee or fees as established by the village's
legislative body under separate resolution.
C.
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 the permittee.
(4)
Permit number and date of issuance.
(5)
Period of permit validity. If not otherwise specified,
the permit will expire one (1) year from the date of issuance.
(6)
The terms and conditions of the approval.
D.
When more than one (1) coastal erosion management permit
is required for the same property or premises under this chapter, a single
permit may be issued listing all the activities permitted and any conditions,
restrictions or bonding requirements. Revocation of a portion or portions
of such consolidated permits will not invalidate the remainder.
E.
A coastal erosion management 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 Part 505)
and the laws and policies of the village.
F.
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 law or ordinance, the
Zoning Enforcement Officer shall, at the request of the applicant, consolidate
and coordinate 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, variances or other forms of approval as they may gave been
granted by law.
The village may require a bond or other form of financial security.
Such bond or security must be in an amount, with such surety and conditions
as are satisfactory to the village so as to ensure compliance with the terms
and conditions stated in the coastal erosion management permit.
The authority for administering this chapter is hereby conferred upon
the Village Building Inspector as administrator. The authority for enforcing
this chapter is hereby conferred upon the Village Building Inspector as administrator,
assisted by the Village Environmental Enforcement Officer. The administrator
has the powers and duties to:
A.
Apply the regulations, restrictions and standards or
other provisions of this chapter.
B.
Explain to the applicant the map which designates the
land and water areas subject to regulation and advise applicants of the standards,
restrictions and requirements of this chapter.
C.
Review and take appropriate actions on completed applications.
D.
Issue and sign all approved permits.
E.
Transmit written notice of violations to property owners
or to other responsible persons.
F.
Prepare and submit reports.
G.
Perform compliance inspections.
H.
Serve as the primary liaison with the New York State
Department of Environmental Conservation.
I.
Keep official records of all permits, inspections, inspection
reports, recommendations, actions of the Coastal Erosion Hazard Board of Review
and any other reports or communications relative to this chapter or request
for information from the New York State Department of Environmental Conservation.
J.
Perform normal and customary administrative functions
required by the village relative to the Coastal Erosion Hazard Areas Act,
Article 34 of the New York State Environmental Conservation Law (6 NYCRR Part
505) and this chapter.
K.
Have, in addition, powers and duties as are established
in or reasonably implied from this chapter as are necessary to achieve its
stated purpose.
The provisions, regulations, procedures and standards of this chapter
will be held to be the minimum requirements necessary to carry out the purposes
of this chapter.
The provisions of this chapter will take precedence over any other laws,
ordinances or codes in effect in the village to the extent that the provisions
of this chapter are more stringent than such other local laws, ordinances
or codes. A coastal erosion management permit issued pursuant to this chapter
does not relieve the permit applicant from the responsibility of obtaining
other permits or approvals as may be necessary, nor does it convey any rights
or interest in real property.
All regulated activities are subject to the review procedures required
by New York State Environmental Quality Review Act (SEQR), Article 8 of the
New York State Environmental Conservation Law. The applicant may be required
to submit information necessary for compliance with SEQR in addition to information
required under this chapter.
A violation of this chapter is hereby declared to be an offense punishable
by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment
for a period not to exceed six (6) months, or both. Each day's continued violation
of this chapter will constitute a separate additional violation. Nothing herein
will prevent the proper local authorities of the Village of Bayville from
taking such other lawful actions or proceedings as may be necessary to restrain,
correct or abate any violation of this chapter.
A.
The village's legislative body may, on its motion or
on petition or on recommendation from the Bayville Environmental Conservation
Commission or the Planning Board, amend or repeal the provisions, regulations,
procedures or standards of this chapter.
B.
When an amendment is duly proposed, the village's legislative
body must:
(1)
Notify the Commissioner of New York State Department
of Environmental Conservation, in writing, of all proposed amendments and
request his advice as to whether such amendment is subject to his approval
and, if so, whether such amendment conforms to the minimum standards of a
certified program.
(2)
Issue public notice and conduct a hearing on all proposed
amendments. The village's legislative body, by resolution, must cause notice
of such hearing's time, date and place to be published in the official newspaper
not less than five (5) days prior to the date of the hearing.
(3)
Refer the proposed amendment at least thirty (30) days
prior to the public hearing, in writing, to:
(a)
The Bayville Environmental Conservation Commission and
the Planning Board, unless initiated by either of those bodies, for its review
of the amendment and its report to the village's legislative body of recommendations
thereon, including a full statement of reasons for such recommendations.
(b)
The County Planning Board for its review and recommendations
pursuant to Article 12-B, § 239-m of the New York State General
Municipal Law.
After enactment, the amendment must be sent to the Commissioner of Environmental
Conservation for certification.
After an amendment to this chapter has been initially reviewed and found
to be in conformance by the Commissioner of the New York State Department
of Environmental Conservation; completed the public hearing process and intergovernmental
review; been finally approved and adopted by the village's legislative body;
and been certified by the Commissioner, the Village Clerk will, as prescribed
by § 27 of the Municipal Home Rule Law:
