The following terms, as used in this chapter,
shall have the meanings indicated, unless the context clearly requires
otherwise:
ADMINISTRATOR
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 127-29. The Commissioner of Public Works shall be the "administrator."
BEACH
The zone of unconsolidated earth that extends landward from
the mean low-water line to the waterward toe of a dune or bluff whichever
is most waterward. Where no dune or bluff exists landward of a beach,
the landward limit of a beach is 100 feet landward from the place
where there is a marked change in material or physiographic form or
from the line of permanent vegetation, whichever is most waterward.
Shorelands subject to seasonal or more frequent overwash or inundation
are considered to be beaches.
BLUFF
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The waterward limit of a bluff
is the landward limits of it waterward natural protective features.
Where no beach is present, the waterward limit of a bluff is mean
low water. The landward limit is 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The point of inflection is that point along the top of
the bluff where the trend of the land slope changes to begin its descent
to the shoreline.)
COASTAL EROSION HAZARD AREA MAP
The final map and any amendments thereof issued by the Commissioner
of the New York State Department of Environmental Conservation, which
delineates boundaries of coastal erosion hazard areas subject to regulation
under this chapter.
COASTLINE and COASTAL WATERS
The lands adjacent to the City's "coastal waters" is the
"coastline." "Coastal waters" are the Long Island Sound and its connecting
water bodies, bays, harbors, shallows and marshes.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
DUNE
A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.
EROSION
The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ice
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind, runoff of surface waters or groundwaters
or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area
or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater or artificial beach
nourishment project.
EXISTING STRUCTURE
A structure and appurtenances in existence or one where construction
has commenced or one where construction has not begun but for which
a building permit has been issued prior to November 19, 1989, which
is the effective date of this chapter.
GRADING
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION
An addition to a structure resulting in a twenty-five-percent
or greater increase in the ground area coverage of the structure other
than an erosion protection structure or a pier, dock or wharf. The
increase will be calculated as the ground area coverage to be added,
including any additions previously constructed under a coastal erosion
management permit, divided by the ground area coverage of the existing
structures as defined herein.
MEAN LOW WATER
The approximate average low water level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
MODIFICATION
Modification means a change in size, design or function.
MOVABLE STRUCTURE
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use. Mobile homes and structures
built on skids or piles and not having permanent foundation are examples
of "movable structures."
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, primary dune, secondary dune
or marsh and their vegetation.
NATURAL PROTECTIVE FEATURE AREA
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosions or high water or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
NEARSHORE AREA
Those lands under water beginning at the mean low-water line
and extending waterward in a direction perpendicular to the shoreline
to a point where mean low-water depth is 15 feet or to a horizontal
distance of 1,000 feet from the mean low-water line, whichever is
greater.
NORMAL MAINTENANCE
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of a functioning structure. A functioning structure is one which is
fully performing as originally designed at the time that normal maintenance
is scheduled to begin. Normal maintenance of a structure does not
require a coastal erosion management permit.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNE
The most waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally, one or more relatively
small dune formations exist waterward of the "primary dune." These
smaller formations will be considered to be part of the "primary dune"
for the purposes of this chapter. The waterward limit of a "primary
dune" is the landward limit of its fronting beach. The landward limit
of the "primary dune" is 25 feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion, or in cases where
there is no discernable line of active erosion, it is the most waterward
line of permanent vegetation.
RECEDING RATE
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
RESTORATION
The reconstruction without modification of a structure, the
cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modifications, however,
may be allowed if they do not exceed preexisting size limits and are
intended to mitigate impacts to natural protective features and other
natural resources.
SECONDARY DUNE
The major dune immediately landward of the primary dune.
The waterward limit of a "secondary dune" is the landward limit of
its fronting primary dune. The landward limit of a "secondary dune"
is 25 feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population; support rare
or endangered species; are found at a very low frequency within a
geographic area; support fish or wildlife populations having significant
commercial or recreational value; or would be difficult or impossible
to replace.
STRUCTURAL HAZARD AREA
Those shorelands located landward of natural protective features
and having shorelines receding at a long term average recession rate
of one foot or more per year. The inland boundary of a "structural
hazard area" is calculated by starting at the landward limit of the
fronting natural protective feature and measuring along a line perpendicular
to the shoreline a horizontal distance landward which is 40 times
the long-term average annual recession rate.
STRUCTURE
Any object constructed, installed or placed in, on or under
land or water, including but not limited to a building; permanent
shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission or collection system; tank;
dock; pier; wharf; groin, jetty or seawall; bulkhead; breakwater;
revetment; artificial beach nourishment; or any addition to or alteration
of the same.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter,
including but not limited to elevated walkways or stairways constructed
solely for pedestrian use and built by an individual property owner
for the limited purpose of providing noncommercial access to the beach;
docks, piers, wharves or structures built on floats, columns, open
timber piles or other similar openwork supports with a top surface
area of less than 200 square feet or which are removed in the fall
of each year; normal beach grooming or cleanup; maintenance of structures
when normal and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas in order to maintain
or increase the height and width of dunes; routine agricultural operations,
including cultivation or harvesting, and in a soil and water conservation
plan as defined in § 3(12) of the Soil and Water Conservation
Districts Law; provided, however, that agricultural operations and
implementation of practices will not be construed to include any activity
that involves the construction or placement of a structure.
VEGETATION
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the coastal erosion hazard area.
TOE
The lowest surface point on a slope face of a dune or bluff.
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