Town of Babylon, NY Article II Standards and Restrictions

§ 99-7 Areas established; boundaries.

The coastal erosion hazard area is hereby established to classify land and water areas within the Town of Babylon, 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 Babylon," 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.

§ 99-8 Permit required for regulated activities.

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 Babylon, as amended, without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities.

§ 99-9 General standards.

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.

§ 99-10 Nearshore area restrictions.

[Amended 9-12-1989 by L.L. No. 4-1989]

A. Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches 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.

§ 99-11 Beach area restrictions.

A. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of 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 New York State Department of Environmental Conservation.

(4) All development is prohibited on beaches unless specifically provided for by this chapter.

(5) The restoration of existing structures on beaches that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

§ 99-12 Dune area restrictions.

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 New York State Department of Environmental Conservation.

(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 pilings 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.

[Amended 9-12-1989 by L.L. No. 4-1989]

(3) All other activities and development in dune areas are prohibited unless specifically provided for by this chapter.

(4) The restrictions of § 99-14, Traffic control, apply to dune areas.

(5) The restoration of existing structures in dune areas that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.

§ 99-13 Erosion protection structures.

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.

[Amended 9-12-1989 by L.L. No. 4-1989]

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.

§ 99-14 Traffic control.

Motorized and nonmotorized traffic must comply with the following restrictions and those set forth in Chapter 81 of Babylon Town Code:

A. Motor vehicles must not travel on vegetation, must operate seaward of the debris line and, when no debris line exists, must operate seaward of the seaward toe of the primary dune.

B. Motor vehicle traffic is prohibited on primary dunes, except for officially posted access points.

[Amended 9-12-1989 by L.L. No. 4-1989]

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