The coastal erosion hazard area is hereby established to classify land
and water areas within the Town of Wilson 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 Area
Map of the Town of Wilson, including all amendments made thereto by the Commissioner
of the New York State Department of Environmental Conservation pursuant to
Section 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 Town of Wilson,
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 Building Inspector 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
ground loading 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.
(1) 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.
(2) Removal agreements may be made when the last owner of
record and the owner of the structure are different, with the approval of
the Town of Wilson 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.
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.
[Amended 5-8-2001 by L.L. No. 1-2001]
B. All erosion protection structures must be designed and
constructed according to generally accepted engineering principles which have
demonstrated success or, where sufficient data is not currently available,
a likelihood of success in controlling long-term erosion. The protective measures
must have a reasonable probability of controlling erosion on the immediate
site for at least 30 years.
C. All materials used in such structures must be durable
and capable of withstanding inundation, wave impacts, weathering and other
effects of storm conditions for a minimum of 30 years. Individual component
materials may have a working life of less than 30 years only when a maintenance
program ensures that they will be regularly maintained and replaced as necessary
to attain the required 30 years of erosion protection.
D. A long-term maintenance program must be included with
every permit application 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:
A. Motor vehicles must not travel on vegetation, must operate
waterward of the debris line and, when no debris line exists, must operate
waterward of the waterward toe of the primary dune or bluff.
B. Motor vehicle traffic is prohibited on primary dunes,
except for officially designated crossing areas, and on bluffs.
C. Pedestrian passage across primary dunes must utilize
elevated walkways and stairways or other specially designed dune crossing
structures.