The tidal wetlands and the ocean beach of the Town of Southampton are a unique and relatively scarce geographic environment that makes possible an ecological system necessary to propagate the finfish and shellfish essential as a source of food and as a basis for the economic vitality of the fishery industry and recreational fishing; further, it provides the natural habitat for migratory waterfowl along the Eastern Seaboard's international flyway, and it is fundamental to the scenic character and recreational potential that supports both the tourist and recreational economies as well as the year-round resident's enjoyment of his home community. Therefore, the Town enacts these provisions as a matter of public policy, recognizing the extremely insecure status of these valuable natural resources, particularly in a time of rapid technological progress and urbanization, their limited suitability for development and the interest of all its people in these geographic areas, especially as established in the Dongan Patent and in other subsequent public acts, particularly with regard to the Town title to all such lands below the high-water mark, and designates those specific areas as the Tidal Wetlands and Ocean Beach Overlay District and sets forth the following regulations which shall apply to said overlay district in addition to those regulations in the standard districts as set forth in Articles II, VI and VII, as well as in other provisions of this chapter to assure the conservation of these natural resources and their ecological systems for the enjoyment of all people of the Town and to provide appropriate guidance for growth development as well as to promote the health, safety and the general welfare of the Town.
A.
No building other than a government facility shall
be constructed or maintained on or in a public tidal wetland.
B.
No structure or floating facility, including regular
or permanent moorings, shall be constructed or maintained or used
for living quarters on or in a public tidal wetland, except as a permitted
accessory use to an adjoining on-shore parcel of land or lot, a governmental
facility or other facility only when found necessary to protect the
natural environment from excessive erosion, silting or an imbalance
in the ecological system of the tidal wetlands, after approval by
the appropriate public agencies and the Trustees of the Freeholders
and Commonalty of the Town of Southampton, and except for a fishing
structure, duck blind and permanent mooring established in approved
areas by the Trustees of the Freeholders and Commonalty of the Town
of Southampton.
C.
Where a private landowner presents to the Town a claim
to title of lands within a tidal wetland area, he shall consent to
Town inspection of such lands so that such tests and investigations
as may be considered appropriate by the Town may be made. The Town
shall establish whether or not such a title is satisfactory within
120 days of receipt of such claim. Where such title is determined
to be satisfactory, such a private landowner may fill not more than
10% of the required minimum lot area in the applicable upland district
in which such property is located for a building site, and further
provided that the location of such fill shall have been approved by
the Trustees of the Freeholders and Commonalty of the Town of Southampton
as that which will have the least impact on the ecological system
of the tidal wetlands, and also provided that it shall have the approval
of all other public agencies having jurisdiction.
D.
Channel construction in the tidal wetlands shall be
limited to only such channels as are necessary to provide minimum
boat access to contiguous upland areas and then only if no suitable
substitute structure can be used for such access that would have a
lesser impact on the ecological system of the tidal wetlands as established
by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
No such facility shall be designed or used for any purpose incompatible
with standard district regulations applicable to the adjoining onshore
land.
E.
Bulkheads shall be prohibited in all tidal wetlands
except those in the resort and Waterfront Business District or when
found necessary to protect the natural environment from excessive
erosion, silting or an imbalance in the ecological system of the tidal
wetlands after approval by the appropriate public agencies and the
Trustees of the Freeholders and Commonalty of the Town of Southampton.
A.
No building or structure or floating facility shall
be maintained or used on the public ocean beach, except when found
necessary and approved by the appropriate public agencies in order
to protect the natural environment from excessive erosion or silting
or for another public purpose.
B.
Where a private landowner establishes proof of a valid title to lands on the ocean beach satisfactory to the Town, such land shall not be subject to excavation, regrading or any disturbance of the natural crest of the dune, except in accordance with a beach protection policy or protective works program approved by the Town and the minimum disturbance necessary to construct permitted structures set forth in Article IX.
[Amended 12-11-2012 by L.L. No. 16-2012]
C.
A private landowner shall not construct any building
or structure on the ocean beach, except that one access walkway shall
be constructed across the dune, provided that it does not exceed four
feet in width and is constructed on posts. The surface elevation of
the walkway steps and any intermediate landings over the first rank
or southerly dune to the ocean beach shall be elevated to a minimum
height of three feet above the crest of the dune in order to conform
with the requirements of the New York State Department of Environmental
Conservation. All walkways shall be constructed of wood, and two built-in
seats, each not exceeding eight feet in length and cantilevered to
a maximum of 24 inches to the side(s), may be incorporated into the
design.
[Amended 4-10-2007 by L.L. No. 14-2007]
D.
Chapter 138, Coastal Erosion Hazard Areas, of this Code defines two areas along the Atlantic Ocean shoreline of the Town, the coastal erosion hazard area and the coastal erosion hazard adjacent area. Certain dimensional regulations for those areas, governing, inter alia, yards, setbacks from dune crests, native vegetation and clearing and site disturbance, are set forth in Chapter 138 and supersede any conflicting requirements of this § 330-41.
[Added 5-13-2003 by L.L. No. 41-2003]
