Village of Bayville, NY Coastal Erosion Hazard Area

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.

§ 20-2 Title.

This chapter shall be known and may be cited as "The Incorporated Village of Bayville Coastal Erosion Hazard Area Law."

§ 20-3 When effective.

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.

§ 20-4 Purpose.

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.

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.

§ 20-5 Findings.

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.

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.

§ 20-6 Definitions.

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).

§ 20-7 Areas described.

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.

§ 20-8 Requirements.

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.

§ 20-9 General standards.

A coastal erosion management permit will be issued only with a finding by the administrator that the proposed regulated activity:

Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.

Is not likely to cause a measurable increase in erosion at the proposed site and in other locations.

Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources.

Does not cause or exacerbate erosion onto the adjacent tidal wetland beaches.

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.

Provides plantings and other nonstructural devices to combat erosion.

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.

§ 20-10 Structural hazard area restrictions.

The following restrictions will apply to regulated activities within structural hazard areas, if any such areas are identified or defined within Bayville.

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.

The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited.

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.

No movable structure may be located closer to the landward limit of a bluff than twenty-five (25) feet.

No movable structure may be placed or constructed such that, according to accepted engineering practice, its weight places excessive groundloading on a bluff.

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.

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.

Any grading, excavation or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face.

§ 20-11 Nearshore area restrictions.

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.

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.

(6)

Actions defined as unregulated activities under § 20-6 shall not be regulated under this section.

§ 20-12 Beach area restrictions.

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.

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.

(11)

Actions defined as unregulated activities under § 20-6 shall not be regulated under this section.

§ 20-13 Dune area restrictions.

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.

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)

(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.

(4)

The restrictions of § 20-16, Traffic control, apply to dune areas.

(5)

Actions defined as unregulated activities under § 20-6 shall not be regulated under this section.

§ 20-14 Bluff area restrictions.

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.

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.

(2)

The restrictions of § 20-16, Traffic control, apply to bluffs.

(3)

All development unless specifically allowed by Subsection B of this section.

(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)

(7)

Use of motorized recreation vehicles, including trail bikes and four-wheel drive vehicles.

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.

Actions defined as unregulated activities under § 20-6 shall not be regulated under this section.

§ 20-15 Erosion protection structure requirements.

The following requirements apply to the construction, modification or restoration of erosion protection structures:

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.

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.

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.

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.

Gabion construction is not to be employed in permitted seawalls.

§ 20-16 Traffic control.

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.

Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossing areas and on bluffs.

Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures.

§ 20-17 Applicability.

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.

§ 20-18 Notification to administrator.

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.

§ 20-19 Improper or insufficient notification.

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:

Removal of any structure that was constructed or placed without a coastal erosion management permit.

The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without a coastal erosion management permit.

§ 20-20 Variances from standards and restrictions.

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:

No reasonable, prudent, alternative site is available.

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.

The development will be reasonably safe from flood and erosion damage.

The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance.

Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects.

§ 20-21 Format and procedure.

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.

§ 20-22 Fees.

Each variance requested must be accompanied by the required fee or fees as established by the village's legislative body under separate resolution.

§ 20-23 Expiration.

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.

§ 20-24 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:

Hear, approve, approve with modification or deny requests for variances or other form of relief from the requirements of this chapter.

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.

§ 20-25 Appeals.

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:

Appeals must be filed with the Village Clerk-Treasurer within thirty (30) days of the date of the adverse decision.

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.

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.

§ 20-26 Appeals to court.

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.

§ 20-27 Coastal erosion management permits.

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:

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:

(1)

A description of the proposed activity.

(2)

A map drawn to scale no smaller than one to twenty-four thousand (1:24,000), showing the location of the proposed activity.

(3)

Any additional information the administrator may require to properly evaluate the proposed activity.

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.

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.

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.

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.

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.

§ 20-28 Bonds.

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.

§ 20-29 Administrator.

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:

Apply the regulations, restrictions and standards or other provisions of this chapter.

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.

Review and take appropriate actions on completed applications.

Issue and sign all approved permits.

Transmit written notice of violations to property owners or to other responsible persons.

Prepare and submit reports.

Perform compliance inspections.

Serve as the primary liaison with the New York State Department of Environmental Conservation.

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.

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.

Have, in addition, powers and duties as are established in or reasonably implied from this chapter as are necessary to achieve its stated purpose.

§ 20-30 Interpretation.

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.

§ 20-31 Conflicts with other provisions.

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.

§ 20-32 Environmental review.

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.

§ 20-33 Penalties for offenses.

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.

§ 20-34 Amendment procedure.

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.

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.

§ 20-35 Commissioner approval.

After enactment, the amendment must be sent to the Commissioner of Environmental Conservation for certification.

§ 20-36 Recording.

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:

Record the amended local law in the Village Clerk's Minute Book and in the Recorded Book of Local Laws.

File the amended local law within five (5) days after adoption as follows:

(1)

One (1) copy in the Village Clerk's office.

(2)

One (1) copy in the Office of the State Comptroller.

(3)

Three (3) copies in the Office of the Secretary of State.

(4)

One (1) copy with the Commissioner of the New York State Department of Environmental Conservation.