[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 5-11-1992 by 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.Â
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)Â
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)Â
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)Â
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)Â
Restrict public investment in services, facilities
or activities which are likely to encourage new permanent development
in erosion hazard areas.
(5)Â
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.Â
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.Â
The Incorporated Village of Bayville finds that the
coastal erosion hazard area:
(1)Â
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)Â
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)Â
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)Â
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.Â
The Village further finds that:
(1)Â
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)Â
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)Â
Gabion structures to prevent or reduce shorefront
erosion are not effective in the long term and have shown that they
endure only about four 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)Â
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)Â
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)Â
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:
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 20-29.
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 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.
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 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The point of inflection is that point along the top of
the bluff where the trend of the land slope changes to begin its descent
to the shoreline).
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.
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.
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.
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
A ridge or hill of loose, windblown or artificially placed
earth the principal component of which is sand.
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.
An area of the coastline which is a structural hazard area
or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater or artificial beach
nourishment project.
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.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
From neap tide mark to highest spring tide zone, usually
containing Spartina patens, Distichlis spicata and Juncus Gerardi.
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.
The intertidal region from mean sea level to upper neap tide,
usually containing Spartina alterniflora.
An addition to a structure resulting in a 25% 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."
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.
A change in size, design or function.
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.
A nearshore area, beach, bluff, primary dune, secondary dune
or marsh and their vegetation, including wetlands.
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.
Those lands under water beginning at the mean low water line
and extending waterward in a direction perpendicular to the shoreline
to a point where mean low water depth is 15 feet or to a horizontal
distance of 1,000 feet from the mean low water line, whichever is
greater.
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.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
The most waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally one or more relatively
small dune formations exist waterward of the primary dune. These smaller
formations will be considered to be 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 25 feet landward of its landward toe.
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.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
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.
The reconstruction without modification of a structure; the
cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modifications, however,
may be allowed if they do not exceed preexisting size limits and are
intended to mitigate impacts to natural protective features and other
natural resources.
The major dune immediately landward of the primary dune.
The waterward limit of a secondary dune is the landward limit of its
fronting primary dune. The landward limit of a secondary dune is 25
feet landward of its landward toe.
Emplacing stone riprap or concrete or wooden or other cribbing
material along the shoreline to combat erosion.
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.
Increasing the gradient or slope significantly or by 30%
or more.
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate
of one foot or more per year. The inland boundary of a structural
hazard area is calculated by starting at the landward limit of the
fronting natural protective feature and measuring along a line perpendicular
to the shoreline a horizontal distance landward which is 40 times
the long-term average annual recession rate.
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.
The lowest surface point on a slope face of a dune or bluff.
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 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.
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.
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 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.Â
Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
B.Â
Is not likely to cause a measurable increase in erosion
at the proposed site and in other locations.
C.Â
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.Â
Does not cause or exacerbate erosion onto the adjacent
tidal wetland beaches.
E.Â
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.Â
Provides plantings and other nonstructural devices
to combat erosion.
G.Â
Does not increase the gradient of slopes exceeding
20%, along the shore, by more than 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.Â
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.Â
The construction of nonmovable structures or placement
of major nonmovable additions to an existing structure is prohibited.
C.Â
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.Â
No movable structure may be located closer to the
landward limit of a bluff than 25 feet.
E.Â
No movable structure may be placed or constructed
such that, according to accepted engineering practice, its weight
places excessive groundloading on a bluff.
F.Â
Plans for landward relocation of movable structures
must be included with each application for a permit. Movable structures
which have been located within a structural hazard area pursuant to
a coastal erosion management permit must be removed before any part
of the structure is within 10 feet of the receding edge. The last
owner of record, as shown on the latest assessment roll, is responsible
for 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.Â
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 60 days of the damaging
event.
H.Â
Any grading, excavation or other soil disturbance
conducted within a structural hazard area must not direct surface
water runoff over a bluff face.
A.Â
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.Â
The following restrictions apply to regulated activities
in nearshore areas:
(1)Â
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)Â
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)Â
All development is prohibited in nearshore areas unless
specifically provided for by this chapter.
(4)Â
Any debris which might effect erosion and deposition
patterns is to be removed for proper disposal, if the owner can be
identified.
(5)Â
Shoring up of the shoreline to combat erosion will
require a coastal erosion hazard area permit.
A.Â
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.Â
The following restrictions apply to regulated activities
in beach areas:
(1)Â
Excavating, grading or mining which diminishes the
erosion protection afforded by beaches is prohibited.
(2)Â
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)Â
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)Â
All development is prohibited on beaches unless specifically
provided for by this chapter.
(5)Â
Steepening of bluffs and other slopes along the shore
for construction or development purposes shall not increase, by more
than 20% or beyond the angle of repose, the gradient of slopes presently
exceeding 20%. This provision does not prohibit slope changes involved
in the emplacement of seawalls at developed sites.
(6)Â
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)Â
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)Â
Loosening or removal of stones along the slope of
the beach, which results in subsequent erosion onto the wetlands,
is prohibited.
(9)Â
Use of motorized recreational vehicles, including
trail bikes and four-wheel-drive vehicles, is prohibited on beaches.
(10)Â
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.Â
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.Â
The following restrictions apply to regulated activities
in dune areas:
(1)Â
In primary dune areas:
(a)Â
Excavating, grading or mining of primary dunes
is prohibited.
(b)Â
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)Â
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)Â
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)Â
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)Â
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)Â
In secondary dune areas:
(a)Â
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)Â
Excavating, grading or mining must not diminish
the erosion protection afforded by them.
(c)Â
Nonmajor additions to existing structures are
allowed on secondary dues pursuant to a coastal erosion management
permit.
(d)Â
Permitted construction, reconstruction, restoration
or modifications must be built on adequately anchored pilings such
that at least 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)Â
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.Â
The following activities are prohibited on bluffs:
(1)Â
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)Â
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)Â
Soil disturbance that directs surface water runoff
over a bluff face.
(6)Â
Steepening of bluffs and other slopes along the shore
for construction or development purposes shall not increase, by more
than 20% or beyond the angle of repose, the gradient of slopes presently
exceeding 20%. This provision does not prohibit slope changes involved
in the emplacement of seawalls at developed sites.
(7)Â
Use of motorized recreation vehicles, including trail
bikes and four-wheel-drive vehicles.
B.Â
Activities specifically allowed on bluffs shall be
as follows:
(1)Â
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)Â
Bluff cuts done in accordance with conditions stated
in a coastal erosion management permit issued for the provision of
shoreline access, where:
(a)Â
The cut is made in a direction perpendicular
to the shoreline.
(b)Â
Ramp slope may not exceed one to six.
(c)Â
Side slopes may not exceed one to three, unless
terraced or otherwise structurally stabilized.
(d)Â
Side slopes and other disturbed nonroadway areas
must be stabilized with vegetation or other approved physical means.
(e)Â
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.Â
The construction, modification or restoration of erosion
protection structures must:
(1)Â
Not be likely to cause a measurable increase in erosion
at the development site or other locations.
(2)Â
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.Â
All erosion protection structures must be designed
and constructed according to generally accepted engineering principles
which have demonstrated success or where sufficient data is not currently
available, a likelihood of success in controlling long-term erosion.
The protective measures must have a reasonable probability of controlling
erosion on the immediate site for at least 30 years.
C.Â
All materials used in such structures must be durable
and capable of withstanding inundation, wave impacts, weathering and
other effects of storm conditions for a minimum of 30 years. Individual
working components may have a working life of less than 30 years only
when a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
D.Â
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.Â
Gabion construction is not to be employed in permitted
seawalls.
A.Â
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.Â
Motor vehicle traffic is prohibited on primary dunes,
except for officially designated crossing areas and on bluffs.
C.Â
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 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.Â
No reasonable, prudent, alternative site is available.
B.Â
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.Â
The development will be reasonably safe from flood
and erosion damage.
D.Â
The variance requested is the minimum necessary to
overcome the practical difficulty or hardship which was the basis
for the requested variance.
E.Â
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 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.Â
Hear, approve, approve with modification or deny requests
for variances or other form of relief from the requirements of this
chapter.
B.Â
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.Â
Appeals must be filed with the Village Clerk-Treasurer
within 30 days of the date of the adverse decision.
B.Â
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.Â
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.Â
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.Â
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.Â
Permits will be issued by and bear the name and signature
of the administrator and will specify the:
(1)Â
Activity or operation for which the permit is issued.
(2)Â
Address or location where the activity or operation
is to be conducted.
(3)Â
Name and address of the permittee.
(4)Â
Permit number and date of issuance.
(5)Â
Period of permit validity. If not otherwise specified,
the permit will expire one year from the date of issuance.
(6)Â
The terms and conditions of the approval.
D.Â
When more than one 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.Â
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.Â
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.Â
Apply the regulations, restrictions and standards
or other provisions of this chapter.
B.Â
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.Â
Review and take appropriate actions on completed applications.
D.Â
Issue and sign all approved permits.
E.Â
Transmit written notice of violations to property
owners or to other responsible persons.
F.Â
Prepare and submit reports.
G.Â
Perform compliance inspections.
H.Â
Serve as the primary liaison with the New York State
Department of Environmental Conservation.
I.Â
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.Â
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.Â
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 (SEQRA), 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A violation of this chapter is hereby declared
to be an offense punishable by a fine not exceeding $500 or imprisonment
for a period not to exceed 15 days, 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.Â
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.Â
When an amendment is duly proposed, the Village's
legislative body must:
(1)Â
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)Â
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 days prior to the date of the
hearing.
(3)Â
Refer the proposed amendment at least 30 days prior
to the public hearing, in writing, to:
(a)Â
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)Â
The County Planning Board for its review and
recommendations pursuant to Article 12-B, § 239-m of the
New York State General Municipal Law.
(4)Â
Whenever
applicable, notify adjacent municipalities pursuant to General Municipal
Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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:
