[Adopted 1-14-1989 as L.L. No. 5-1989]
This Article shall be known as the "Erosion
Protection Structures Law of the Village of Head-of-the-Harbor."
Erosion protection structures, if improperly
designed or constructed, may be ineffective or even harmful to neighboring
waterfront properties. They are to be encouraged only where they are
likely to minimize or prevent damage or destruction to public or private
property, to natural protective features and other natural resources.
The purpose of this Article is to set forth the basic requirements
for the construction of useful and successful erosion protection structures
and the standards which must be met by such construction in the Village
of Head-of-the-Harbor.
The following definitions apply to the terms
used in this Article:
The loss or displacement of land along the coastline from
the action of currents, waves, tides, wind-driven water, waterborne
ice or other impacts of storms. "Erosion" also means the loss or displacement
of land from the action of wind, runoff or surface water or groundwater
seepage.
A structure specifically designed to reduce or prevent erosion,
such as a groin, jetty, seawall, revetment, bulkhead, breakwater or
project for artificial beach nourishment.
A change of any kind in size or design.
The rebuilding of an erosion protection structure, the cost
of which equals or exceeds 50% of the estimated full replacement cost
of the structure.
The following requirements apply to all erosion
protection structures constructed, reconstructed or modified:
A.
All erosion protection structures must be designed
and built according to generally accepted engineering principles which
have demonstrated success or, in cases in which sufficient data is
not currently available, show a reasonable likelihood of controlling
long-term erosion. The proposed protective measures must have a reasonable
probability of controlling erosion at the immediate site for a least
30 years.
B.
A long-term maintenance program must be provided which
includes specifications for normal maintenance of degradable materials
and periodic replacement of removable materials.
C.
Any bulkheading required which is adjacent to wetlands
shall be located upland of the high marsh wetland boundary. Bulkheads
and other erosion protection structures may not block the surface
or subsurface flow of freshwater to the wetland. The yearly highest
tide level shall be the minimum bulkhead location upland of a wetland.
The following Village procedures must be followed
in connection with the construction, reconstruction or modification
of erosion protection structures:
A.
All such construction requires a building permit.
A design plan must be provided, with engineering data to indicate
reasonable likelihood of success in long-term erosion control for
a minimum of 30 years, which must be approved by the Village Engineer
before the Building Inspector may issue a building permit.
B.
The submitted plan must include a long-term maintenance
program, including specifications for normal maintenance of degradable
materials and periodic replacement of removable materials. This program
must also be approved by the Village Engineer prior to the issuance
of a building permit.
C.
Because any erosion control structure may induce changes
in natural coastal processes, such as shifts in tidal activity, silting
or patterns of currents, and may have an impact upon wildlife habitats,
the construction or modification of any such structure shall be regarded
as a Type I action under the Village law providing for environmental
quality review.[1]
[Amended 4-15-2015 by L.L. No. 1-2015]
As the damage to private and public properties
adjacent to an improperly designed or constructed erosion protection
structure is potentially great, the construction of such a structure
without a permit issued under the foregoing standards and procedures
shall be penalized as follows:
A.
By removal of the structure and restoration of the
area to its previous state;
B.
By a fine of $1,000 where removal or restoration is
not required; and
C.
Where a fine has been imposed, by the alteration and
modification of the unpermitted structure to conform to all standards
and requirements set forth in this Article.
