The coastal erosion hazard area is hereby established to classify land
and water areas within the Village of Kings Point, 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 Village of Kings Point," 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.
A.
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 Kings Point, as amended, without first obtaining a coastal
erosion management permit. No coastal erosion management permit is required
for unregulated activities.
B.
A coastal erosion management permit will be issued only
with a finding by the Administrator that the proposed regulated activity:
(1)
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed activity requires
a shoreline location.
(2)
Is not likely to cause a measurable increase in erosion
at the proposed site and at other locations.
(3)
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. 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 area 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.
(2)
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.
(3)
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 side
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 pilings such that at
least three 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.
(4)
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.
B.
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)
All development, unless specifically allowed by this
section.
(3)
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.
(4)
Soil disturbance that directs surface water runoff over
a bluff face.
C.
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.
(2)
Bluff cuts done in accordance with conditions stated
in a coastal erosion management permit issued for the provision of shoreline
access, where:
(a)
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 approve physical means.
(e)
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 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 program, 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 official 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.