[Amended 4-16-2019 by L.L. No. 19-2019]
For the purpose of this Chapter, the following terms and phrases
shall have the meanings indicated:
The Department of Maritime Services shall administer and
enforce the provisions of this Chapter.
The zone of unconsolidated earth that extends landward from
the mean low water line to the seaward toe of a dune or bluff whichever
is most seaward. Where no dune or bluff exists landward of a beach,
the landward limit of a beach is one hundred (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,
award subject to seasonal or more frequent overwash or inundation
are considered to be beaches.
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 limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean
low water. The landward limit is twenty-five (25) feet landward of
the receding edge or, in those cases where there is no discernible
line of active erosion, twenty-five (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).
All lands lying within jurisdiction of the Town of Huntington
adjacent to coastal waters is the coastline. Coastal waters are Cold
Spring Harbor, the eastern end of Lloyd Harbor, the greater Huntington/Northport
Bay complex including Duck Island Harbor, Huntington, Centerport and
Northport Harbors, Crab Meadow Creek and the LILCO Lagoons.
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 law.
A linear accumulation of waterborne debris deposited on a
beach by storm induced high water or by wave action.
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
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.
An area of the coastline which is a structural hazard area,
or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater, or artificial beach
nourishment project.
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 the effective date of this
local law.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
An addition to a structure resulting in a twenty-five (25%)
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 structure" as defined in EXISTING STRUCTURE.
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 test.
A change in size, design or function.
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 a permanent foundation are
examples of movable structures.
A nearshore area, beach, bluff, primary dune, secondary dune,
or wetlands and their vegetation.
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosion or high water, or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
Those lands under water beginning at the mean low water line
and extending seaward in a direction perpendicular to the shoreline
to a point where mean low water depth is fifteen (15) feet, or to
a horizontal distance of one thousand (1,000) feet from the mean low
water line, whichever is greater.
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.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate, or any other legal entity whatsoever.
The most seaward major dune where there are two (2) or more
parallel dunes within a coastal area. Where there is only one (1)
dune present, it is the primary one. Occasionally one (1) 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 local law. The seaward limit of a primary
dune is the landward limit of its fronting beach. The landward limit
of the primary dune is twenty-five (25) feet landward of its landward
toe.
The most landward line of active erosion, or in cases where
there is no discernible line of active erosion, it is the most waterward
line of permanent vegetation.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
The construction, modification, restoration or placement
of a structure, of major addition to a structure, or any action or
use of land which materially alters the condition of land, including
grading, excavating, dumping, mining, dredging, filling, or other
disturbance of soil.
The reconstruction without modification of a structure, the
cost of which equals or exceeds fifty (50%) percent of the estimated
full replacement cost of the structure at the time of restoration.
Modifications, however, may be allowed if they do not exceed pre-existing
size limits and are intended to mitigate impacts to natural protective
features and other natural resources.
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 twenty-five
(25) feet landward of its landward toe.
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 geographical area; support fish or wildlife populations having significant
commercial or recreational value; or that would be difficult or impossible
to replace.
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 above-ground pool; garage; mobile home;
road; public service distribution, transmission, or collection system;
tanks; docks; piers; wharf; groins; jetties; seawalls; bulkheads;
breakwaters; revetments; artificial beach nourishment; or any addition
to or alteration of the same.
Those shorelands located landward of natural protective features
and having shorelines receding at a long term average recession rate
of one (1) 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 forty (40)
times the long-term average annual recession rate.
The lowest surface point on a slope face of a dune or bluff.
Excepted activities which are not regulated by this local
law include but are 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 non-commercial 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 two hundred (200) square feet, or which are removed
in the fall of each year; normal beach grooming or clean-up; 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 the implementation of practices recommended in a soil and water
conservation plan as defined in Section 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.
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.
