The coastal erosion hazard area is hereby established to classify
land and water areas within the Village of Port Jefferson, based upon
shoreline recession rates or the location of natural protective features.
The boundaries of the area are established on the final map prepared
by the New York State Department of Environmental Conservation under
§ 34-0104 of the New York State Environmental Conservation
Law and entitled "Coastal Erosion Hazard Areas Map of the Village
of Port Jefferson," including all amendments made thereto by the Commissioner
of the New York State Department of Environmental Conservation pursuant
to § 34-0104 of the New York State Environmental Conservation
Law.
No person may engage in any regulated activity in an erosion
hazard area as depicted on the Coastal Erosion Hazard Areas Map of
the Village of Port Jefferson, as amended, without first obtaining
a coastal erosion management permit. No coastal erosion management
permit is required for unregulated activities.
A coastal erosion management permit will be issued only with
a finding by the Administrator that the proposed regulated activity:
A.
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed activity
requires a shoreline location.
B.
Is not likely to cause a measurable increase in erosion at the proposed
site and at other locations.
C.
Prevents, if possible, or minimizes adverse effects on natural protective
features and their functions and protective values, existing erosion-protection
structures and natural resources.
The following restrictions apply to regulated activities within
structural hazard areas:
A.
A coastal erosion management permit is required for the installation
of public service distribution, transmission or collection systems
for gas, electricity, water or wastewater. Systems installed along
the shoreline must be located landward of the shoreline structures.
B.
The construction of nonmovable structures or placement of major nonmovable
additions to an existing structure is prohibited.
C.
Permanent foundations may not be attached to movable structures,
and any temporary foundations are to be removed at the time the structure
is moved. Below-grade footings will be allowed if satisfactory provisions
are made for their removal.
D.
No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
E.
No movable structure may be placed or constructed such that, according
to accepted engineering practice, its weight places excessive groundloading
on a bluff.
F.
Plans for landward relocation of movable structures must be included
with each application for a permit. Movable structures which have
been located within a structural hazard area pursuant to a coastal
erosion management permit must be removed before any part of the structure
is within 10 feet of the receding edge. The last owner of record,
as shown on the latest assessment roll, is responsible for removing
that structure and its foundation, unless a removal agreement was
attached to the original coastal erosion management permit. With the
attachment of a removal agreement to the coastal erosion management
permit, the landowner or the signator is responsible for the landward
relocation of movable structures. Removal agreements may be made when
the last owner of record and the owner of the structure are different
with the approval of the Village at the time the permit is issued.
G.
Debris from structural damage which may occur as a result of sudden
unanticipated bluff edge failure, dune migration or wave or ice action
must be removed within 60 days of the damaging event.
H.
Any grading, excavation or other soil disturbance conducted within
a structural hazard area must not direct surface water runoff over
a bluff face.
A.
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches, bluffs or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand, gravel
and other unconsolidated material for beaches. Sandbars, which are
located in nearshore areas, control the orientation of incoming waves
and promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts, clays and organic matter
to form a fairly cohesive bottom that resists erosion.
B.
The following restrictions apply to regulated activities in nearshore
areas:
(1)
Excavating, grading, mining or dredging which diminishes the erosion
protection afforded by nearshore 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.
A.
Beaches buffer shorelands from erosion by absorbing wave energy that
otherwise would be expended on the toes of bluffs or dunes. Beaches
that are high and wide protect shorelands from erosion more effectively
than beaches that are low or narrow. Beaches also act as reservoirs
of sand or other unconsolidated material for longshore littoral transport
and offshore sandbar and shoal formation.
B.
The following restrictions apply to regulated activities in beach
areas:
(1)
Excavating, grading or mining which diminishes the erosion protection
afforded by beaches is prohibited.
(2)
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within beach areas. Any
deposition will require a coastal erosion management permit which
may be issued only for expansion or stabilization of beaches.
(3)
Active bird nesting and breeding areas must not be disturbed unless
such disturbance is pursuant to a specific wildlife management activity
approved in writing by the Department.
(4)
All development is prohibited on beaches unless specifically provided
for by this chapter.
A.
Dunes prevent overtopping and store sand for coastal processes. High,
vegetated dunes provide a greater degree of protection than low, unvegetated
ones. Dunes are of the greatest protective value during conditions
of storm-induced high water. Because dunes often protect some of the
most biologically productive areas as well as developed coastal areas,
their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beach
grass or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
B.
The following restrictions apply to regulated activities in dune
areas:
(1)
In primary dune areas:
(a)
Excavating, grading or mining of primary dunes is prohibited.
(b)
Clean sand of a compatible type and size is the only material
which may be deposited. Any deposition requires a coastal erosion
management permit.
(c)
All depositions must be vegetatively stabilized using species
tolerant of the conditions at the site and must be placed so as to
increase the size of or restore a dune or dune area.
(d)
Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife management
activity approved in writing by the Department.
(e)
Nonmajor additions to existing structures are allowed on primary
dunes pursuant to a coastal erosion management permit and subject
to permit conditions concerning the location, design and potential
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
dunes pursuant to a coastal erosion management permit.
(d)
Permitted construction, reconstruction, restoration or modifications
must be built on adequately anchored piling such that at least three
feet of open space exists between the floor joints and the surface
of the secondary dune, and the permitted activity must leave the space
below the lowest horizontal structural members free of obstructions.
(3)
All other activities and development in dune areas are prohibited
unless specifically provided for by this chapter.
Bluffs protect shorelands and coastal development by absorbing
the often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
A.
The following activities are prohibited on bluffs:
(1)
Excavating or mining except when in conjunction with conditions stated
in a coastal erosion management permit issued for minor alterations
in construction of an erosion-protection structure or for provision
of shoreline access.
(4)
Disturbance of active bird nesting and breeding areas unless such
disturbance is pursuant to a specific wildlife management activity
approved in writing by the Department.
(5)
Soil disturbance that directs surface water runoff over a bluff face.
B.
Activities specifically allowed under this section are:
(1)
Minor alteration of 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 or
vegetation for stabilization.
(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.
(c)
Side slopes may not exceed one to three 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 completed roadway must be stabilized and drainage provided
for.
(3)
New construction, modification or restoration of walkways or stairways
done in accordance with conditions of a coastal erosion management
permit.
(4)
Nonmajor additions to existing structures may be allowed on bluffs
pursuant to a coastal erosion management permit.
The following requirements apply to the construction, modification
or restoration of erosion-protection structures:
A.
The construction, modification or restoration of erosion-protection
structures must:
(1)
Not be likely to cause a measurable increase in erosion at the development
site or at other locations.
(2)
Minimize and, if possible, prevent adverse effects upon natural protective
features, existing erosion-protection structures and natural resources,
such as significant fish and wildlife habitats.
B.
All erosion-protection structures must be designed and constructed
according to generally accepted engineering principles or, where sufficient
data is not currently available, a likelihood of success in controlling
long-term erosion. The protective measures must have a reasonable
probability of controlling erosion on the immediate site for at least
30 years.
C.
All materials used in such structures must be durable and capable
of withstanding inundation, wave impacts, weathering and other effects
of storm conditions for a minimum of 30 years. Individual component
materials may have a working life of less than 30 years only when
a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
D.
A long-term maintenance program must be included with every permit
application 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.
Motorized and nonmotorized traffic must comply with the following
restrictions:
