§ 76-5. Coastal erosion management permits., Chapter 76. Coastal Erosion Hazard Areas, Code of Ordinances, Brookhaven

In near-shore areas:

(1)

Excavation, grading and dredging activities performed in conjunction with the construction and/or maintenance of navigation channels; the bypassing of sand around natural and man-made obstructions; and artificial beach nourishment;

(2)

The deposit of clean sand or gravel so long as any such material is comprised of grains equivalent to or slightly larger in size to that of existing near-shore area sediments;

(3)

The new construction, modification, or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment;

In beach areas:

(1)

The deposit of clean sand or gravel so long as any such material shall be composed of an equivalent or slightly larger grain size than existing beach sand or gravel;

(2)

Minor additions to existing structures;

(3)

The modification or restoration of docks, piers, wharves, boardwalks, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment.

(4)

Exceptions. Docks, piers, wharves, or other similar water-access structures built on floats, columns, open timber, piles, or similar open-work supports having a top surface area of 200 square feet or less or docks, piers, wharves, or other structures built on floats and removed in the fall of each year are excepted from this permit requirement.

In primary dune areas:

(1)

The deposit of clean sand, so long as composed of material which is of a compatible type and size to that of the existing sands, which deposits shall be vegetatively stabilized, within the time period specified in the permit, using species tolerant of existing conditions and placed in such a manner as to increase the size of and/or restore the dune or dune area;

(2)

Minor additions to existing structures;

(3)

New construction, modification, or restoration of stone revetments or other erosion protection structures compatible with primary dunes, provided they are located at the seaward toe of the primary dune and do not interfere with the exchange of sand between the primary dune and its fronting beach;

(4)

New construction, modification, or restoration of elevated walkways or stairways.

In secondary dune areas:

(1)

The deposit of clean sand of a compatible type and size to that existing so long as said deposit increases the size or restores the dune or former dune area;

(2)

Excavation, grading, or mining so long as no diminution of the erosion protection afforded by the secondary or primary dune may be reasonably anticipated to result;

(3)

Minor additions to existing structures;

(4)

The construction of new structures, restoration, or modification of existing structures or major addition to an existing structure so long as built on adequately anchored pilings providing a minimum of three feet of open space between the unobstructed floor joists and dune surface.

In bluff areas:

(1)

Minor alterations, excavation, mining and filling associated with the construction of an erosion protection structure;

(2)

Bluff cuts, so long as:

(a)

Made in a direction perpendicular to the shoreline;

(b)

The ramp slope does not exceed 1:6;

(c)

The side slopes do not exceed 1:3 unless terraced or otherwise structurally stabilized;

(d)

The side slopes and other disturbed nonroadway areas are stabilized with vegetation or other physical means;

(e)

The access roadway, if any, is stabilized and includes adequate drainage facilities;

(3)

Construction of walkways or stairways;

(4)

Restoration or modification of existing walkways or stairways;

(5)

Minor additions to existing structures.

Erosion protection structures requirements. The construction, modification or restoration of erosion protection structures, including the modification or restoration of existing erosion protection structure, excluding normal maintenance, subject to the following:

(1)

The proposed improvement(s) is not reasonably anticipated to result in a measurable increase in erosion at the development site or elsewhere;

(2)

The proposed improvement(s) minimizes and/or prevents adverse effects upon natural protective features, and natural resources such as significant fish and wildlife habitats to the main extent practicable;

(3)

Such improvement(s) are designed and constructed in accordance with generally accepted engineering principles and are demonstrably successful in controlling long-term erosion, or for which there is a reasonable probability of controlling erosion at the site for a period of at least 30 years;

(4)

All materials used in such structures shall be durable and capable of withstanding inundation, wave impacts, weathering, and other effects of storm conditions for a minimum of 30 years. Component materials which have a working life of less than 30 years shall be subject to a program ensuring regular maintenance and/or replacement during a period of 30 years;

(5)

Where appropriate, the establishment of a long-term maintenance program for the new, modified or reconstructed erosion protection structure and/or improvement, including specifications for regular maintenance of degradable materials and replacement thereof.

Permits shall be issued only upon the Administrator's determination and findings that the proposed activity:

(1)

Is reasonable and necessary upon consideration of alternatives to the proposed activity and its proposed location;

(2)

Is not likely to cause a measurable increase in erosion at the proposed site and/or at other related locations;

(3)

Prevents or minimizes, to the maximum extent practicable, adverse effects on:

(a)

Natural protective features;

(b)

Their functions and protective values;

(c)

Existing erosion protection structures; and

(d)

Existing natural resources, including but not limited to significant fish and wildlife habitats and shellfish beds.

Application. The permit application shall be on such form as may be promulgated by the Administrator, which shall include, at minimum, the following information:

(1)

A description of the proposed activity;

(2)

A map drawn to a scale no smaller than 1:24,000, showing the location of the proposed activity;

(3)

Any additional information deemed reasonably necessary by the Administrator to properly evaluate the proposed activity;

(4)

Fee.

Contents. Permits shall set forth the following elements:

(1)

The activity(ies) authorized;

(2)

The address or location of the proposed activity;

(3)

The name and address of the applicant;

(4)

Permit number and date of issuance;

(5)

The period covered by the permit, if not otherwise specified, shall be one year from date of issuance;

(6)

Terms and conditions as the Administrator deems necessary to ensure compliance with Article 34 of the Environmental Conservation Law, its implementing regulations, (6 NYCRR Part 505) and other relevant provisions of the Code of the Town of Brookhaven;

Consolidated permits. When more than one coastal erosion management permit may otherwise be required for the same property and/or location pursuant to the provisions of this chapter, a consolidated permit may be issued for all such activities with conditions; revocation or annulment of one or more such authorized activity(ies) therein shall not invalidate other activities authorized by the consolidated permit.

Coordination of review. When an application is made for a coastal erosion management permit, or other form of approval required by this chapter and such activity is subject to other permit hearings or approvals pursuant to any federal, state or local law or regulation, the Administrator shall, upon request of the applicant, consolidate and coordinate all required applications, permits, hearings and/or proceedings. Nothing contained herein shall be construed to limit or restrict any other governmental entity's jurisdiction.

Security. The Town Board may require such security as it shall determine appropriate and necessary to insure satisfactory completion of the proposed improvements and/or activity(ies).