(A)   The Town of Long Beach is committed to protecting and preserving life and property as well as enhancing the natural resources of the Long Beach Coastal Zone and the public trust lands of the State of Indiana in order to minimize to the greatest extent possible damage that may result from inappropriate development of environmentally sensitive areas. The Lake Michigan Shoreline Preservation Overlay Zoning District regulations are based on the town’s determination, as expressed in its 2016 Comprehensive Plan, that:

      (1)   The economic, environmental, and community well-being of the Town of Long Beach, Indiana depends upon the preservation of the town’s Lake Michigan shoreline;

      (2)   The Lake Michigan shoreline has unique natural physical, biologic, hydrologic, ecologic, cultural, historic, scenic, and recreational attributes that require protection and enhancement;

      (3)   Land development and redevelopment should not be conducted at the expense of these attributes; and

      (4)   Pollution, impairment, and/or destruction of the shoreline areas within the town’s jurisdiction must be minimized to conserve these attributes for future generations.

   (B)   The provisions of this subchapter are established with the following intent:

      (1)   Preserve traditional access to and the use of the public trust lands of Lake Michigan as a public recreational resource for the citizens of Long Beach and the State of Indiana;

      (2)   Protect the integrity of the shoreline area that is a distinctive and valuable feature of the Long Beach community;

      (3)   Recognize the potential for coastal hazards to adversely affect life and property;

      (4)   Protect coastal property values by maintaining the attractive natural landforms, character and environment;

      (5)   Protect the stability of the Lake Michigan shoreline in a manner that reduces coastal erosion and conserves the natural dune and beach environment. Prevent water pollution and damage to neighboring coastal properties and structures from activities and development that accelerate or contribute to erosion; and

      (6)   Maintain the high quality of life along the shoreline by maintaining and restoring native vegetation, landforms and wildlife habitat.

   (C)   The provisions of this subchapter, §§ 154.200 et seq., shall apply to the repair, maintenance, and construction of shoreline protection structures.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   In addition to the definitions provided in other chapters of Title XV of the Long Beach Town Code, the following definitions apply to the interpretation and application of this subchapter. In the event there is conflict between this chapter and other ordinances provided in the Code of the Town of Long Beach, the more restrictive ordinance shall apply—except where specifically noted.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   (A)   The Coastal Zone (Lake Michigan Shoreline Preservation Overlay Zoning District) shall apply as a mapped overlay zone. The boundaries of the Coastal Zone shall be applicable to all land lying northward of the northern boundary of the dedicated right-of-way known as Lake Shore Drive and extend across all underlying and existing zoning districts in Long Beach and to the NOHWM of Lake Michigan.

   (B)   The NOHWM is the northernmost boundary of any public or private property within the town’s jurisdiction and subject to this subchapter. Where the NOHWM is the northern boundary of a zoning lot, the NOHWM shall be established (and re-established as necessary to remain current) by a delineation performed by a delineation consultant.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   (A)   The Town of Long Beach acknowledges that seawalls, revetments, retaining walls, groins, and other such structural methods designed with the intention of forestalling erosion also alter natural shoreline processes that result in a variety of negative effects on coastal resources, including but not limited to effects on sand supply, public access, coastal views, natural landforms, and overall beach dynamics. See, Coastal Planning Guide and “Natural and Structural Measures for Shoreline Stabilization”, developed with support and funding by NOAA and the US Army Corps of Engineers. PDF copies available from the Building Commission upon request.

   (B)   Only after the property owner and coastal engineer (post review and approval by the Building Commission) establish that the proposed protection structure is in fact required and is the minimum necessary to reasonably preserve the shoreline and protect the property, complies with the terms of all Long Beach town ordinances and the property owner has provided all applicable federal, state, county, and town permit(s) and approval(s), shall a building permit for the construction of a protection structure be issued.

   (C)   The following conditions shall apply to the issuance of building permits or variances within the Coastal Zone:

      (1)   No protection structure or structure of any kind—except town information sign or as otherwise permissible under § 154.060—is to be located greater than 106.6 feet lakeward from the northern boundary of Lake Shore Drive or lakeward of the NOHWM, whichever is most restrictive.

      (2)   A new seawall may only be installed between a revetment and the principal use structure if there is a principal use structure on the subject property. A new seawall must be installed as close as reasonably practicable to the lakeward foundation of the primary structure and not greater than 18 inches from the side property line, subject to Building Commission approval. A new seawall may not extend into the side setback by more than 18 inches unless connecting to an existing neighboring seawall, subject to the following additional requirements:

         (a)   Neighboring property owner(s) have given written consent to allow the new seawall to be connected to the existing seawall; and

         (b)   The resulting seawall structure will form a continuous barrier.

      (3)   A revetment may be installed on a private property for the purpose of protecting the property. Any such revetment shall be installed with the lakeward toe of the structure not to extend greater than 106.6 feet from the northern boundary of Lake Shore Drive or lakeward of the NOHWM, whichever is most restrictive.

      (4)   The slope of any revetment shall be 1.5:1 or less for dumped stone or rip rap and 1:5 or less for hand-placed stone or rip rap. The stone size shall be based on the determination and recommendation of a coastal engineer.

      (5)   The height of a protection structure shall not exceed the height determined to be necessary by the coastal engineer subject to the approval by the Building Commission in accordance with this subchapter.

      (6)   The town reserves the right to retain another coastal engineer, delineation consultant, and/or structural engineer of its choosing and at the expense of the property owner if deemed necessary to ensure compliance with the provisions of this subchapter.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   In addition to the usual site plan requirements set forth in Title XV of the Town Code, the following standards will be required in the Coastal Zone:

   (A)   A site plan for development within the Coastal Zone shall include a survey depicting: (a) the current location of the NOHWM, as located, delineated, and certified by a delineation consultant; and (b) the Army Corps of Engineers elevation for the sole purpose of establishing the Army Corps of Engineers’ jurisdiction.

   (B)   The site plan must comply with the town’s flood hazard areas ordinance(s) as set forth in Chapter 155.

   (C)   All required pre-/post-construction elevations shall be current (prepared within 60 days of application) and shall be certified on the site plan by a licensed Indiana professional surveyor. Pre-construction grades are to be maintained. However, in the event a storm or other natural event causes damage to the existing topography, a property owner may only restore the damaged topography to the elevation existing prior to such storm or event. Except as otherwise allowed under the Town Code, sand shall not be moved to increase the view from any property nor shall it be removed from any property. Wind-blown sand may be removed from patios and other living areas; however, it may not be moved off the subject property, nor moved into Lake Michigan, or onto the public trust lands.

   (D)   (1)   Heavy equipment access permits must be obtained from the town regardless of the method of access to the Coastal Zone. Photographs of the proposed construction site shall be submitted to the Building Commission before the access permit is issued.

      (2)   No work other than the work specified in the access permit application shall be performed. Permits are restricted to certain calendar days. Heavy equipment may remain within the Coastal Zone for no more than 30 days. Extensions may only be granted by the town for good cause shown but will be limited to the period between Labor Day and Memorial Day except for emergencies as provided in this subchapter.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

      (1)   Any property owner desiring to install a protection structure within the town shall first apply for a protection structure permit prior to beginning construction.

      (2)   Application shall be made to the Town Building Commission.

      (3)   A review fee of $500 shall be due and payable at the time the application is submitted for review. The payment of the application fee does not guarantee issuance of a protection structure permit and the fee is nonrefundable.

      (4)   A deposit of $10,000 shall also be payable at the time of application which shall be used to pay for the review and approval process performed by the town’s coastal engineer, delineation consultant, and/or structural engineer as determined necessary by the Building Commission. If the town’s expense is less than the $10,000 deposit, the balance will be refunded. The property owner shall be responsible for any expense in excess of the $10,000 deposit for a coastal engineer, delineation consultant, and/or structural engineer retained by the town, and the excess shall be payable by the property owner to the town prior to the issuance of any permit. The property owner shall be responsible for all fees of the property owner’s chosen coastal engineer, delineation consultant, and/or structural engineer. The coastal engineer, delineation consultant, and/or structural engineer shall be chosen from a list approved by the town and available from the Building Commission.

      (5)   Forms and related materials for the protection structure application shall be available from the town’s Building Commission.

      (6)   All applications must include:

         (a)   An original and eight copies of scale drawing(s), including topography elevations certified by a licensed Indiana surveyor and site photographs of the zoning lot certified by a Coastal Engineer that provide accurate and complete information;

         (b)   A site plan and dimensions of the zoning lot. At minimum, the site plan must show existing structures, the dimensions of the property, the length and location of the proposed protection structure, all setbacks, the 106.6 foot line, the Army Corps of Engineers’ jurisdictional line, and the NOHWM. The NOHWM location is to be certified on the site plan by the property owner’s surveyor and must conform with the determination by applicant’s town approved delineation consultant. However, if the Building Commission in its sole discretion finds that the Army Corps of Engineers’ elevation is outdated because of lake level changes or expiration of the elevation since the last formal determination, the applicant shall be required to obtain an updated delineation from the Army Corps of Engineers if required in conformance with its standard and this shall be at the property owner’s expense in accordance with this section;

         (c)   Soil boring are preferred and recommended but not required. If obtained, the soil borings report performed by a state licensed soil engineer and plans certified by a structural engineer shall be submitted;

         (d)   Identification of the applicant’s coastal engineer, delineation consultant, and licensed contractor registered with the town who will be installing or otherwise constructing the protection structure, a statement of their respective experience and qualifications to delineate the NOHWM and to design and construct the proposed protection structure within the Coastal Zone, and a certification that each has read and will comply with this subchapter must be submitted with the application;

         (e)   All drawings must be drawn utilizing an industry standard engineering scale; and

         (f)   The distance of the proposed protection structure to any other existing protection structures on adjoining lots must be shown on the plans.

      (1)   The proposed protection structure has been designed to minimize erosion and other adverse impacts on other properties and the public trust and lands while simultaneously protecting the subject property.

      (2)   The proposed protection structure involves the minimum shore hardening necessary to provide for the level of protection necessary to achieve the purpose and intent of this subchapter.

      (3)   Access to the lakeshore and public trust lands at town beach stops is not adversely affected.

      (4)   The applicant’s protection structure will not encroach on any neighboring private or public property or any conservation, drainage, utility, or any other easements of record.

      (5)   The protection structure is the alternative or option least likely to cause: a measurable increase in erosion, including lakebed erosion at the development site or at other locations along the shoreline of the Coastal Zone and/or adverse effects upon natural protective features, existing erosion protection structures, and natural resources, such as significant wildlife habitats, including the transport of sand known as littoral flow.

      (6)   All installations of a seawall are to comply with the Steep Slope Resolution #301 of the Town of Long Beach. The slope shall be measured at its steepest point and is not measured as the average slope of the lot.

      (1)   The proposed protection structure must have reasonable probability of minimizing erosion on the immediate and adjacent properties for a minimum of 30 years.

      (2)   A long-term maintenance plan developed by a coastal engineer including specifications regarding how to maintain the integrity of the structure, shoreline and neighboring property. Same shall be recorded as a restriction and condition on the subject property to run with the land in perpetuity upon approval of the application.

      (3)   All necessary permits or other authorizations required by other local, state, and federal authorities, including, but not limited to, the Indiana Department of Natural Resources, Indiana Department of Environmental Management, U.S. Army Corps of Engineers, and FEMA must be secured.

   (D)   Applications shall be reviewed and processed by the Building Commission in accordance with the provisions of this subchapter.

   (E)   After approval of the Building Commission, the town may issue a permit for the proposed protection structure.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   An exception may be granted by the Building Commission for the repair or replacement of legally existing protection structures if the Building Commission finds adequate evidence that the proposed protection structure will be:

   (A)   Designed, constructed, and maintained to be protective of the shoreline in accordance with the requirements of this subchapter; and

   (B)   Will not be located lakeward of the existing structure that is being repaired or replaced nor lakeward of the NOHWM.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2019-06, passed 11-11-19; Am. Ord. 2021-13, passed 9-13-21)

   (A)   The construction of new stairs or the repair or replacement of legally existing permanent stairs are permissible provided that the stairs are constructed or repaired with either sturdy metal, concrete, or heavy landscaping stone.

   (B)   The construction of new or the repair or replacement of legally existing stairs over shore protection structures that project onto the public trust property are allowable, subject to the following restrictions:

      (1)   Stairs attached by any means to the lakeside of seawalls located on private property must be parallel to the seawall and shall not extend greater than 42 inches from the base of the seawall onto the public trust.

      (2)   Stairs over revetments located on private property shall be limited to 42 inches from the lakeside of the base of the revetment.

      (3)   Retractable stairs from the top of a shore protection shall not project onto the public trust property by more than 42 inches.

      (4)   No other structures that connect to or project onto the public trust property shall be built north of the base of a shore protection structure.

      (5)   Stairs over dunes on private properties without shore protection structures shall be limited to 42 inches from the NOHWM as these stairs tend to protect the natural dunes that serve as protection for lakeshore properties.

   (C)   Notwithstanding any other provision in this section, all construction of new or the repair or replacement of legally existing stairs shall also be subject to the following requirements:

      (1)   The construction, repair, or replacement of legally existing stairs shall be subject to Indiana Department of Natural Resources and/or Army Corps requirements and/or permits if such stairs protrude or encroach onto the public trust property or otherwise are within the jurisdiction of those agencies; and the property owner shall provide the town with written authorization, permits, and related documentation from the Indiana Department of Natural Resources and/or the Army Corps of Engineers evidencing that the property owner has authority to proceed.

      (2)   Wooden stairs are strictly prohibited.

      (3)   A property owner must obtain a permit from the town in order to construct, repair, or replace any stairs, regardless of the value of the project or whether authority is required of any other governing authority.

(Ord. 2021-13, passed 9-13-21)

   (A)   The Town Clerk-Treasurer shall accept emergency permit applications pursuant to IC 36-1-29(10) for the repair of an existing seawall or revetment or the construction of a new seawall or revetment on property owned by the permit applicant only if such application is:

      (1)   Clearly marked on the cover page as an “EMERGENCY PERMIT APPLICATION”;

      (2)   Submitted in both:

         (a)   Electronic form via email to the Town Clerk-Treasurer; and

         (b)   Seven hard copies to the Clerk-Treasurer in person during business hours; and

      (3)   Accompanied by payment of the required permit application fee and required deposits (see § 154.205(A)(1) - (4)).

   (B)   Upon receipt of a emergency permit application clearly marked as such in accordance with the requirements of this section along with the deposit required by division (A) above, the Town Clerk-Treasurer or the Clerk-Treasurer’s designee shall immediately:

      (1)   Notify the Building Commission of the submission so that the Town Clerk-Treasurer or the Clerk-Treasurer’s designee can provide notice to town residents and homeowners within 24 hours of the submission by posting the emergency permit application and all materials submitted with it on the town’s website and providing a link to the application to all subscribers to the town’s “news and events” email list maintained by the Clerk-Treasurer’s office; and

      (2)   Forward the emergency permit application and all materials submitted with it to the Building Commissioner (or his designee) and all other members of the Building Commission.

   (C)   Upon receipt of a complete and properly marked emergency permit application from the Town Clerk-Treasurer, the Building Commissioner (or his or her designee) shall promptly make initial determinations of the following and forward such determinations to the Building Commission:

      (1)   Whether the application includes information and evidence demonstrating that an “emergency” situation exists pursuant to the factors stated in the definition of “emergency” in § 154.201; and

      (2)   Whether the permit application is complete, i.e., contains the required information and evidence addressing compliance with each applicable provision of this subchapter and each other applicable town ordinances as well as IC 14-26-2.1 et seq.

   (D)   If the Building Commissioner determines that an application demonstrates an emergency and the application is complete pursuant to division (A) above, the Building Commission shall, within ten business days, hold a Building Commission meeting and, unless it is determined at such meeting by the Building Commission that no such valid emergency exists, make a final determination to approve or deny the emergency permit application in accordance with the requirements of this subchapter.

   (E)   Unless the Building Commission finds adequate evidence to concur in determinations of the Building Commissioner and also finds that the requirements of this subchapter are met, the Building Commission shall, within the ten business days set forth in division (D) above, deny the emergency permit application.

   (F)   Pursuant to IC 36-1-29(15), the permit applicant may submit not more than one completed reapplication for an emergency repair or construction of a seawall or revetment that lists reasons why the Building Commission should approve its application. The provisions of divisions (A) through (E) above shall govern the review of such reapplication.

   (G)   If the Building Commission overrules the Building Commissioner and determines that the situation is not an emergency, the permit application will be treated as nonemergency application.

(Ord. 2021-13, passed 9-13-21)

   (A)   This subchapter and the below listed sections of the Long Beach Town Code are interrelated and should be understood before preparing any plan submissions:

      (1)   Section 34.30 Enforcement of town ordinances on properties in the Coastal Zone;

      (2)   Section 154.020 Definitions;

      (3)   Section 154.048 Maximum building height;

      (4)   Section 154.060 Waterfront setback and view protection;

      (5)   Section 154.111 Sand mining and mineral extraction prohibited;

      (6)   Section 154.112 Permit required for earth changes and to alter topography;

      (7)   Sections 154.125 et seq. Nonconforming Uses and Structures;

      (8)   Section 154.160 Continuous seawalls;

      (9)   Chapter 154 Appendix A, Zoning District Regulations (note: in the R-2 Zoning District, the 20 foot rear setback shall not apply to protection structures that otherwise fully comply with the terms of this subchapter); and

      (10)   Chapter 155 Flood Hazard Areas.

   (B)   All costs associated with the retention of and services to be provided by the town’s engineer and the applicant’s engineer(s), including, but not limited to, coastal, geotechnical, and structural engineers and delineation consultants, shall be borne solely by the property owner.

   (C)   The town will maintain and provide a list of coastal engineers and delineation consultants which shall be reviewed and updated from time to time and shall serve as the exclusive list of acceptable engineers to provide services under this subchapter. It shall be available in the Office of the Building Commission.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   Enforcement of §§ 154.201 thru 154.211 shall be in accordance with § 34.30.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)

   Any person violating any of the provisions of this subchapter, including unapproved alteration of the topography, shall be subject to the following penalties:

      (1)   One thousand dollars per day for the first violation;

      (2)   Two thousand five hundred dollars per day for the second violation; and

      (3)   Seven thousand five hundred dollars per day for the third and each subsequent violation.

   (C)   Each day that any violation continues shall be considered a separate violation punishable as provided in this section.

   (D)   In view of the critical role that the natural dunes play in the protection of the town’s Lake Michigan shoreline, any non-permitted alteration of the topography or sand moving beyond what is allowed in this chapter will require, at the violating person’s or entity’s expense, restoration to the pre-violation condition, including restoration of vegetation. Additionally, any person or entity that violates this provision shall incur a $1,000 fine. This fine will accumulate daily at that same amount until full restoration, including, but not limited to, replanting of vegetation, is completed as determined and required by the town and shall be in addition to other applicable fines or penalties for violations of other sections of the Town Code.

(Ord. 2018-04, passed 8-13-18; Am. Ord. 2019-06, passed 11-11-19; Am. Ord. 2021-13, passed 9-13-21)

   Any person violating any provision of this chapter for which no fine is specified is subject to a fine of $500 for a first violation, $1,000 for a second violation, and not less than $2,500 and up to $7,500 for a third and each subsequent violation. Fines shall accrue daily and each day a violation continues shall be construed as a separate offense. Nothing herein shall be construed to limit any other remedies at law or equity.