The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within the Town of Kendall, 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
Kendall," 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 Town of Kendall, 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 Town 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.
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. The following
restrictions apply to regulated activities in nearshore areas:
A.
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.
B.
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.
C.
All development is prohibited in nearshore areas unless specifically
provided for by this chapter.
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. The following restrictions
apply to regulated activities in beach areas:
A.
Excavating, grading, or mining which diminishes the erosion protection
afforded by beaches is prohibited.
B.
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.
C.
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.
D.
All development is prohibited on beaches unless specifically provided
for by this chapter.
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 beachgrass or other vegetation on the dunes and assurance
of a supply of nourishment sand to the dunes. The following restrictions
apply to regulated activities in dune areas:
A.
In primary dune areas:
(1)
Excavating, grading, or mining of primary dunes is prohibited.
(2)
Clean sand of a compatible type and size is the only material which
may be deposited. Any deposition requires a coastal erosion management
permit.
(3)
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.
(4)
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.
(5)
Non-major 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.
(6)
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.
B.
In secondary dune areas:
(1)
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.
(2)
Excavating, grading, or mining must not diminish the erosion protection
afforded by them.
(3)
Non-major additions to existing structures are allowed on secondary
dunes pursuant to a coastal erosion management permit.
(4)
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.
C.
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.
(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 1:6.
(c)
Side slopes may not exceed 1:3 unless terraced or otherwise
structurally stabilized.
(d)
Side slopes and other disturbed non-roadway areas must be stabilized
with vegetation or other approved 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)
Non-major 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:
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.
