[Amended 4-13-2007 by L.L. No. 14-2007]
The regulations in this article are adopted
to protect and perpetuate some of the Town's most important natural
resources. Rapid growth and development have encroached upon or despoiled
many of the Town's wetlands, watercourses, tidal waters, natural drainage
areas, watersheds and water recharge areas, as well as its beaches,
dunes, bluffs, and other coastal features. These natural resources,
which are threatened by the Town's growth, constitute important physical,
social, scenic, aesthetic, recreational, and economic attributes of
the Town. The provisions of this article are therefore designed to
preserve and maintain these natural resources by minimizing their
disturbance. Such protection will benefit the Town and its people
in many ways, among which are the following:
A.
The protection of wetlands, watercourses, tidal waters,
and marine habitat from damage caused by pollution, turbidity, siltation,
or direct destruction, thereby protecting stocks of fish, shellfish,
and other marine organisms, as well as the wildlife and vegetation
which depend upon these resources for their survival.
B.
The protection of the Town's underground water supply
and the quality of its tidal and fresh waters, through the preservation
of natural filtration areas, natural vegetative buffers, and recharge
sites.
C.
The lessening of danger to life and property caused
by coastal flooding and storms.
D.
The preservation of beaches and other coastal habitat
needed to sustain rare or threatened coastal birds, as well as fragile
coastal vegetative communities.
E.
The preservation of the Town's beaches, dunes, bluffs,
wetlands, marshes, and other coastal resources, which together are
integral to the character of East Hampton and to its social and economic
well-being.
[Amended 7-2-1993 by L.L. No. 18-1993; 11-15-1996 by L.L. No.
19-1996; 12-18-1997 by L.L. No. 38-1997; 4-13-2007 by L.L. No.
14-2007]
The following are hereby designated as natural
resources which are in need of special protection as provided in this
article:
A.
Tidal and freshwater wetlands. All tidal and freshwater
wetlands as defined in this chapter, including all wetlands shown
or identified as such on the Freshwater Wetlands Map for Suffolk County,
promulgated by the Department of Environmental Conservation pursuant
to the Freshwater Wetlands Act (Article 24 of the New York Environmental
Conservation Law).
B.
Tidal waters and watercourses, and nearshore areas,
as defined in this chapter.
C.
Beaches, dunes, bluffs, and the vegetation which grows
thereon, all as defined in this chapter.
[Added 4-13-2007 by L.L. No. 14-2007]
The Town Board finds that the natural resources
regulated under this article have important benefits for the Town
and its people. Among these benefits, many of which have been expressly
recognized by the New York State Legislature in the Environmental
Conservation Law, are those set forth below.
A.
Tidal wetlands, generally. Tidal wetlands constitute
one of the most vital and productive components of the natural world.
The many and multiple values of such wetlands include the following:
(1)
Marine food production. Tidal wetlands are a
nursery and sanctuary for many species of crustaceans, shellfish,
and finfish. These wetlands produce nutrients and sustain macro- and
microscopic marine organisms and vegetation which are essential to
the terrestrial and marine food chains. Two-thirds of the commercially
harvested fish and shellfish and 2/3 of sport fish depend on the marsh-estuarine
system of the tidal wetlands at some point in their life cycle.
(2)
Wildlife habitat. Tidal wetlands are the breeding,
nesting, and feeding grounds for many forms of waterfowl, shorebirds,
and other wildlife, and are needed by many species as cover from predators.
(3)
Flood and storm control. Tidal wetlands provide
valuable protection from coastal storms and floods. Their hydrologic
water absorption and storage capacity minimize erosion and flood damage;
their hydraulic and hydrographic functions serve as a natural buffer
protecting upland and developed areas from storm tides and waves.
(4)
Recreation. Tidal wetlands directly or indirectly
provide thousands of opportunities per year for the pursuit of hunting,
fishing, boating, hiking, bird watching, photography, and recreational
activities, to the enjoyment of many East Hampton residents and visitors
and to the benefit of the Town's economy.
(5)
Pollution control. Tidal wetlands serve as an
invaluable and irreplaceable biological and chemical oxidation basin
in which organic run-off and organic pollution are oxidized, metabolized,
and converted into useful nutrients. The vast quantities of oxygen
necessary for these processes derive from the photosynthetic mechanism
of tidal wetlands.
(6)
Sedimentation control. Tidal wetlands are an
essential settling and filtering basin for the absorption of silt
and organic matter which would otherwise obstruct channels and harbors
to the detriment of navigation.
(7)
Education and research. Tidal wetlands afford
a wide range of opportunities for scientific research, outdoor biophysical
laboratory work, and living educational classroom programs, having
great training and education value for Town residents and visitors
of all ages.
(8)
Open space and aesthetic appreciation. Tidal
wetlands comprise a large part of the remaining natural and unspoiled
areas along the Town's coastline. The public benefit of these natural
open areas in a growing, changing Town is significant. Tidal wetlands
offer unique open space and aesthetic qualities while sustaining their
other natural values.
B.
Benefits of specific types of tidal wetlands. Tidal
wetlands consist of several ecological zones, including high marsh
or salt meadow; coastal fresh marsh; intertidal marsh; the littoral
area; coastal shoals, bars, and flats; and nearshore areas. In addition,
the upland areas adjoining tidal wetlands serve to protect the wetlands
and contribute in important ways to their productivity. The functions
and benefits of certain types of tidal wetlands include the following:
(1)
High marsh or salt meadow tidal wetlands. High
marsh or salt meadow constitutes an extensive zone of salt marshes
which receive only occasional tidal flooding coincident with extreme
lunar tides and occasional storms. Since their photosynthetic productivity
is lower than intertidal marshes and coastal fresh marshes and since
flushing of the biological products of the high marsh or salt meadow
to the estuary is less efficient than in intertidal and coastal fresh
marshes, salt meadows or high marshes, while vital to marine food
production, they are slightly less important in this regard than intertidal
or coastal fresh marshes. Because of their size and location, however,
salt meadows or high marshes are as important for the absorption of
silt and organic material and for flood, hurricane, and storm control
as intertidal marshes and coastal fresh marshes. Furthermore, because
they are generally located as to first receive run-off and other materials
from the upland, they have an important role in cleansing ecosystems,
although their value in this respect is generally slightly less than
in intertidal and coastal fresh marshes because of the lessened tidal
influence in high marshes or salt meadows. Because these wetlands
are usually located adjacent to intertidal marshes and because their
values are similar, salt meadows or high marshes must be stringently
protected. Even small portions of these areas are very important resources,
although slightly less so than intertidal marshes and coastal fresh
marshes.
(2)
Intertidal marsh and coastal fresh marsh tidal
wetlands. Intertidal and coastal fresh marsh wetlands are the most
biologically productive of all tidal wetlands areas. Furthermore,
since they receive twice-daily tidal flushing, the products of vegetative
photosynthetic activity and decomposition in these zones are readily
transported to adjacent waters for use in the estuarine food chain.
Their intertidal location makes them among the most effective wetland
zones for flood, hurricane, and storm protection. Both their intertidal
location and their highly productive nature makes these wetlands among
the most effective wetland zones for cleansing ecosystems and for
absorbing silt and organic material. Because of these high values
and their sensitive location at the land and water interface, intertidal
and coastal fresh marshes must be stringently protected. Even small
portions of these zones are critically important natural resources.
(3)
Nearshore areas and the littoral zone. Nearshore
and littoral areas are the habitat of hard and soft clams, oysters,
mussels, and scallops, as well as many other types of marine organisms.
The shellfish help to support the still significant portion of the
Town's population which makes its living from the sea, and also support
a recreational shellfishery. Baitfish and other marine species living
in these areas are crucial links in the maritime food chain. Along
the bay and ocean coastlines of the Town, nearshore bottomland areas
play an important role in controlling the erosion of the Town's coastline.
Shallow nearshore areas cause waves to collapse or break, thus dissipating
wave energy before it is expended on beaches, bluffs, or dunes. They
also function as reservoirs of sand and gravel which can be returned
to the beaches. Sandbars, which are located in nearshore areas, control
the orientation of incoming waves and limit their power, thereby also
helping to protect shorelines during storms. The roots of aquatic
vegetation in nearshore areas bind fine-grained silts, clays, and
organic matter to form a cohesive bottom that resists erosion. This
vegetation also assists in trapping sediments.
C.
Benefits of freshwater wetlands. Freshwater wetlands
are highly productive natural areas which are necessary to the survival
of many species of fish, birds, amphibians, reptiles, and mammals.
The numerous and varied values of such wetlands include the following:
(1)
Freshwater fisheries. In areas with open water,
freshwater wetlands are the spawning and nursery grounds for a number
of fish species within the Town, several of which are harvested by
recreational fishermen. These include yellow perch, smallmouth and
largemouth bass, and pickerel. Freshwater wetlands provide the nutrients
needed to sustain the aquatic food chain, while purifying stormwater
runoff into open waters and helping to regulate the amounts of dissolved
oxygen and nitrogen in these waters.
(2)
Wildlife and plant habitat. Freshwater wetlands
have unparalleled value as wildlife habitat. Most local species of
wildlife depend upon their existence to at least some degree. In addition,
many species of birds found in the Town at certain times of year are
migratory and require freshwater wetlands for nesting or wintering
purposes. Freshwater wetlands are also the habitat of numerous species
of plants, shrubs, and trees, many of which are specifically adapted
to the saturated soil conditions of these wetlands. The eastern end
of Long Island, including East Hampton, has an unusually high percentage
of the state's rare and threatened plant species; many of these species
survive only in freshwater wetlands.
(3)
Flood and stormwater control. Freshwater wetlands
slow the runoff of stormwaters and temporarily store these waters,
thus helping to protect adjacent upland areas from flooding.
(4)
Recreation. Freshwater wetlands offer important
opportunities for hunting, fishing, boating, hiking, bird watching,
photography, and other recreational activities, to the enjoyment of
many East Hampton residents and visitors and to the benefit of the
Town's economy. In addition, freshwater wetlands contribute to these
recreational pursuits well beyond their immediate boundaries, because
of their ability to sustain populations of birds and wildlife.
(5)
Water supply and water quality. Freshwater wetlands
are themselves a source of surface water and, under appropriate hydrological
conditions, serve to recharge the Town's groundwater supplies and
to maintain surface water flow. Freshwater wetlands also serve as
chemical and biological oxidation basins that help to cleanse the
water that flows through them. The wetlands absorb silt and organic
matter, thereby preventing sedimentation of ponds and other open waters
and preserving water quality.
(6)
Education and research. Because of their high
biological productivity and the variety of plant and animal species
that they support, freshwater wetlands benefit the Town's residents
and visitors by providing outdoor laboratories and living classrooms
for studying and appreciating natural history, ecology, and biology.
(7)
Open space and aesthetic appreciation. Freshwater
wetlands afford visual variety in many different settings. Freshwater
wetlands contribute to the Town's sense of open space and provide
a sense of connection with the natural world. These are important
elements of the Town's character which underpin its success and survival
as both a year-round and resort community.
D.
Benefits of beaches. East Hampton's coastal area is
characterized by beaches, dunes, and bluffs. These landforms, and
the vegetation growing on them, are among the most important natural
resources of the Town. The scenic beauty of the Town's beaches, as
well as the dunes and bluffs which lie behind them, is a signature
of the Town. The value of these features in protecting the Town's
coastlands cannot be overstated. Beaches themselves have several important
functions, among which are the following:
(1)
Flooding and erosion control. Beaches protect
shorelands from flooding and erosion by dissipating wave energy that
would otherwise be expended against the toe or face of bluffs and
dunes, or which would send stormwaters spilling onto upland property.
Beaches which are high and wide protect shorelands from erosion and
flooding more effectively than beaches that are low or narrow. Beaches
also act as a reservoir of sand and other unconsolidated material
for littoral transport along the shore and for the formation of protective
offshore sandbars and shoals.
(2)
Wildlife habitat. Beaches have habitat value,
particularly for such shorebirds as the endangered piping plover and
least tern. A variety of migratory and resident shorebirds, including
piping plover and least tern, are directly dependent on beach habitat
for their continued survival.
(3)
Recreation. Beaches are perhaps the single most
important economic asset of the Town. They attract tourists and second
home owners to the Town for a myriad of reasons. If East Hampton's
beaches were to become significantly damaged or depleted, and their
attraction for visitors thereby reduced, the economic impacts on the
Town could well be incalculable.
E.
Benefits of bluffs. Bluffs are a natural and scenic
asset of the Town. Their many important functions include the following:
(1)
Flooding and erosion control. Bluffs protect
shorelands and coastal development by absorbing the wave energy associated
with open water. Bluffs are also an important source of depositional
material for beaches and for offshore sandbars and shoals. Through
their own gradual erosion, bluffs provide material to maintain these
other coastal features and thus to limit erosion on other sections
of the coastline.
(2)
Wildlife habitat. Bluffs provide habitat for
certain types of birds. This is particularly true on the ocean side
of Montauk, where high, steep bluffs of clay and glacial till afford
nesting areas for bank swallows.
(3)
Scenic vistas. Bluffs provide a natural barrier
to development behind them and help preserve the natural scenic vista
from the shoreline and surface waters.
F.
Benefits of dunes. Dunes are a significant part of
East Hampton's coastal aesthetic. They also play an important role
in protecting upland areas from storm damage and flooding and, for
this reason, were among the first natural features in the Town to
be protected by municipal regulation. Among the important functions
of dunes are the following:
(1)
Flooding and erosion control. Like beaches and
bluffs, dunes are of the greatest protective value during conditions
of storm-induced high water. Because dunes often protect some of the
Town's most biologically productive areas as well as developed coastal
areas, their value as protective features is especially great. The
two primary protective functions of dunes are prevention of wave overtopping
and the storage of sand for coastal processes. High, vegetated dunes
are more stable and thus provide a greater degree of protection than
low, unvegetated ones. The keys to maintaining a stable dune system
are the establishment and maintenance of beach vegetation and the
assurance of a dependable supply of sand to nourish the dunes.
(2)
(Reserved)
G.
Benefits of beach vegetation. Beach and dune vegetation,
such as beach grass but including other types of vegetation indigenous
to the coastal zone, traps sand and organic matter and holds it in
place, thereby helping dunes and bluffs to retain their cohesiveness
against the erosive forces of wind and waves. By trapping sand and
other material, beach vegetation allows dunes to increase in size
and slows the rate of bluff erosion. Beach vegetation is therefore
vital in protecting coastal areas from the effects of storms.
[Amended 8-16-1985 by L.L. No. 8-1985; 10-3-1986 by L.L. No.
5-1986; 10-21-1988 by L.L. No. 9-1988; 11-15-1996 by L.L. No.
19-1996; 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No.
6-1998; 5-15-1998 by L.L. No. 20-1998; 4-13-2007 by L.L. No.
14-2007]
No person shall undertake any of the activities listed herein without first having obtained a natural resources special permit therefor, pursuant to Article V of this chapter:
A.
Wetlands.
(1)
On or within any freshwater or tidal wetland,
or within 150 feet of any boundary of the same:
(2)
On or within any freshwater or tidal wetland,
or within 200 feet of any boundary of the same:
(a)
Constructing or installing on or in land any
cesspool, septic tank, or other structure, system, or device for the
disposal of sewage or other liquid wastes.
(b)
Constructing or installing on or in land any
structure, system, or device for the receipt or storage of fuel or
any other liquid except water.
(3)
Filling or altering any wetland.
B.
Beaches.
(1)
On or within any beach, or within 150 feet of
the inland boundary of any beach:
(2)
On or within any beach, or within 200 feet of
the inland boundary of any beach:
(a)
Constructing or installing on or in land any
cesspool, septic tank, or other structure, system, or device for the
disposal of sewage or other liquid wastes.
(b)
Constructing or installing on or in land any
structure, system, or device for the receipt or storage of fuel or
any other liquid except water.
C.
Bluffs.
(1)
Within 150 feet of the bluff line on all lands
which lie along the Atlantic Ocean east of Map No. 174, Montauk, and
within 100 feet of the bluff line on all other lands:
(a)
Clearing or grading land, including the bluff
itself.
(b)
Digging, dredging, or excavating land, including
the bluff itself, or depositing fill or other material upon land.
(c)
Building, constructing, erecting, reconstructing,
enlarging, altering, or placing any structure or other improvement
whatsoever in or upon land.
(2)
On or within any bluff, clearing, grading, filling, cutting, removing, or otherwise altering the bluff, or undertaking any other activity enumerated in Subsection C(1) above except that, due to the unusual geologic conditions existing in the area specified in § 255-4-40C, such activities may be authorized by a Natural Resources Special Permit (NRSP) in that area. Such NRSP shall expressly determine that a specific project complies with the special permit standards of § 255-5-51D.
[Amended 4-7-2011 by L.L. No. 4-2011]
D.
Dunes.
(1)
Within 150 feet of the dune crest on all lands
which lie along the Atlantic Ocean east of Map No. 174, Montauk, and
within 100 feet of the dune crest on all other lands:
E.
Waters and nearshore areas.
(1)
On or within any nearshore area, tidal water,
or watercourse:
(2)
Filling or altering any watercourse or tidal
water.
(3)
Constructing, creating, or enlarging, or filling
or diminishing in size, any artificial pond or other man-made water
body which exceeds 10,000 square feet in surface area or which, regardless
of size, is situate in the groundwater table.
F.
Velocity floodplain. On any lands lying in the VE
flood hazard zone within the Flood Hazard Overlay District:
G.
Beach vegetation. Clearing, removing, uprooting, burying,
or otherwise damaging any beach vegetation, or replacing the same
with lawn, sod, or turf. This section shall not be deemed to require
a permit for the planting of beach vegetation in a manner which does
not disturb existing beach vegetation.
[Added 12-18-1997 by L.L. No. 38-1997; amended 4-13-2007 by L.L. No. 14-2007]
The distance of 150 feet contained in Subsection A(1) of § 255-4-20 hereof shall be deemed to be reduced to 100 feet for:
A.
Minor addition to residence. Building, constructing,
erecting, or placing one addition, extension, enclosure, or porch
or deck addition, not exceeding 150 square feet in gross floor area,
onto an existing residence, together with any clearing, grading, digging,
or filling necessarily associated with the same.
B.
Minor accessory structure. Building, constructing,
erecting, or placing an accessory building or structure, not exceeding
150 square feet in gross floor area and having no plumbing, on a lot
containing a residence, together with any clearing, grading, digging,
or filling necessarily associated with the same.
C.
Reconstruction. The reconstruction or repair of any
lawfully preexisting building or structure.
D.
Other restrictions or approvals. This section shall not be deemed to authorize any reconstruction or other work prohibited by § 255-1-40 or § 255-1-42 hereof, nor to exempt an applicant from the necessity of obtaining permits or approvals from other agencies, such as the New York State Department of Environmental Conservation or the Town Trustees.
[1]
Editor's Note: Former § 255-4-22, Building permits limited, as amended, was repealed 12-18-1997 by L.L. No. 38-1997. (See now § 255-4-26). Said local law also added §§ 255-4-23, 255-4-24 and 255-4-25, regarding Trustee environmental resource permits, which were repealed 2-10-1998 by L.L. No. 6-1998.
[Added 12-18-1997 by L.L. No. 38-1997; amended 2-10-1998 by L.L. No. 6-1998]
A.
Prior issuance of natural resources special permit. No building permit for any activity, construction, work or use denominated in § 255-4-20 hereof as requiring a special permit shall be issued until a natural resources special permit shall have been obtained for the activity, construction, work or use pursuant to Article V of this chapter.
B.
Work envelopes authorized. A natural resources special
permit may specify a work envelope, as limited by the local agency
issuing the natural resources special permit, within which the authorized
activity, construction, work or use may be conducted. No natural resources
special permit may specify a work envelope for a swimming pool or
playing court or for any building or structure which does not meet
the applicable yard or pyramid law setbacks.
[Amended 7-7-2000 by L.L. No. 14-2000]
C.
Referral to Planning Department or Natural Resources
Department.
[Amended 4-13-2007 by L.L. No. 14-2007]
(1)
No building permit may issue on any lot which abuts or contains any wetland, watercourse, or tidal water, or which contains any beach, dune, bluff, or other natural resource designated in § 255-4-12 hereof, until the application for such building permit shall have been referred by the Building Inspector to the Planning Department and/or Natural Resources Department, which shall verify the presence and location of all such designated natural resources on or near the lot.
(2)
Upon verifying the presence and location of any natural resource designated in § 255-4-12, the Planning Department and/or Natural Resources Department shall so inform the Building Inspector, in writing. The Building Inspector shall then determine, based upon the presence and location of any natural resource reported by the Planning Department and/or Natural Resources Department, whether a natural resources special permit is required for the activity, improvement, work, or use in question. If a natural resources special permit is required for such activity, improvement, work, or use, no building permit shall be issued until such natural resources special permit has been obtained or the project has been amended so as to avoid the need for the natural resources special permit.
(3)
The owner of a lot or his agent may request an inspection of said lot for the purpose of ascertaining whether natural resources regulated under this article exist on or near the lot. Any such lot inspection request shall be submitted to the Building Inspector, who shall refer said request to the Planning Department and/or Natural Resources Department. The Planning Department and/or Natural Resources Department shall perform the lot inspection immediately upon receipt of a referral by the Building Inspector, and shall deliver to the Building Inspector a written statement, within 20 days of the receipt of such lot inspection referral, as to the presence and approximate location of any natural resources on or near the subject lot. The Planning Department's and/or Natural Resources Department's statement on a lot inspection, however, shall not constitute the verification of natural resources which is required by the Subsection C(2) and (3) above.
(4)
The property owner or his agent shall provide, and the reviewing
department confirm, the existence of any applicable scenic, conservation,
agricultural or access easement, and purchase of development rights
agreements in or upon the premises, protecting any designated natural
feature, or burdening or benefiting the subject property, as to which
the Town of East Hampton, a conservation organization or a homeowners'
association is a grantee or a party.
[Added 6-20-2019 by L.L.
No. 28-2019]
D.
Trustee beaches and bottomlands. No building permit
shall be issued for any activity, construction, work or use regulated
by this article and which is to take place on beaches, bluffs or underwater
lands, unless and until the Building Inspector has received a copy
of a Town Trustee permit authorizing the activity, construction, work
or use, or has received a copy of a Town Trustee letter stating that
the Trustees have no jurisdiction over said project. The foregoing
sentence shall not apply to any activity, construction, work or use
which is to take place wholly on lands located within the hamlet of
Montauk or on the underwater lands adjacent thereto, or which is to
take place on Gardiner's Island or on the underwater lands adjacent
to said island.
[Added 11-5-1999 by L.L. No. 30-1999]
[Added 4-13-2007 by L.L. No. 14-2007]
A.
Expedited permit review. An expedited administrative natural resources special permit may be obtained, pursuant to the provisions of § 255-8-84 hereof, for any of the following:
(1)
The undertaking of a coastal restoration project
as defined herein.
(2)
The repair or reconstruction, in-place and in-kind,
of a lawfully preexisting coastal structure other than an erosion
control structure.
(3)
The repair or reconstruction, in-place and in-kind,
of a lawfully preexisting erosion control structure in Coastal Erosion
Overlay Zone 4 of the Coastal Erosion Overlay District.
B.
Meaning of in-place and in-kind. For the purposes
of this section, work which involves the relocation, enlargement,
or extension of a coastal structure, or the replacement of any part
of the structure with materially different components or materials,
shall not be considered to be in-place and in-kind.
C.
Meaning of lawfully preexisting. For the purposes
of this section, a structure shall be deemed "lawfully preexisting"
only if (i) it received all governmental approvals necessary at the
time of its construction or any subsequent alteration, (ii) it is
substantially complete and in existence, and (iii) it has not deteriorated
to the point at which it is no longer functional for its intended
purpose.
D.
Other restrictions or approvals. This section shall not be deemed to authorize any reconstruction or other work prohibited by § 255-1-40 or § 255-1-42 hereof, nor to exempt an applicant from the necessity of obtaining permits or approvals from other agencies, such as the New York State Department of Environmental Conservation or the Town Trustees.
E.
Minor maintenance. Minor maintenance, in-place and
in-kind, to any documented existing dock is permitted, provided that
each of the following conditions is satisfied:
(1)
The maintenance work proposed does not exceed
the aggregate of 25% of the total existing dock area, number of pilings
or linear footage of bulkhead;
(2)
The materials to be used, method of installation
and disposal of material removed are approved in writing by the Natural
Resources Department;
(3)
A building permit is first obtained incorporating
such reasonable conditions as may be necessary; and
(4)
No minor maintenance building permits totaling
an aggregate of more than 25% have been issued within the prior three
years.
F.
Upon receipt of an application for a building permit under Subsection E above, the Building Inspector shall refer the matter to the Town Engineer, the Natural Resources Director, and the Planning Department Director to assist him in determining whether the work proposed is of a type described therein or instead represents activity, such as expansion of a structure, new work, repair of damage more than one year old, etc., for which a natural resources special permit must be obtained. Nothing herein shall be deemed to exempt an applicant from the necessity of obtaining approvals or permits other than those required by this chapter, such as a permit from the Town Trustees or the New York State Department of Environmental Conservation.
[Added 12-18-1997 by L.L. No. 38-1997; amended 2-10-1998 by L.L. No. 6-1998; 4-13-2007 by L.L. No. 14-2007; 9-12-2023 by L.L. No. 25-2023]
The provisions of this section shall apply to emergency activities
within the Coastal Erosion Overlay District which are immediately
necessary to protect the public health, safety, or welfare, or to
protect publicly or privately owned buildings and structures from
major structural damage. For the purposes of this section, emergency
activities are actions: (i) designed to protect buildings or structures
from major structural damage, if those buildings or structures are
in imminent peril of incurring such damage because of flooding or
erosion; or (ii) designed to prevent a structural failure of all or
part of a building or structure which has already incurred major structural
damage because of flooding or erosion. Emergency activities shall
be limited to the following actions: moving a building or other structure
to a location which is landward of its existing location; making alterations
to the building or structure, solely to repair damage already caused
by flooding or erosion or to prevent a structural failure of all or
part of the building or structure; depositing sand fill seaward of
the building or structure; installing a geotextile tube or sandbag
system, with provision for its eventual removal as required by this
section; or repair of lawfully preexisting coastal erosion structures
in Coastal Erosion Overly Zone 3 or 4. Whenever emergency activities
are undertaken, damage to natural resources, features, or systems
shall be avoided or minimized. Emergency activities shall be governed
by the following rules and procedures:
A.
Application to Building Inspector. Prior to the commencement of any
emergency activity described in this section, application shall be
made to the Building Inspector, who shall determine whether to authorize
the proposed emergency activity under the provisions of this section.
The application shall clearly and conspicuously state that it is a
request to undertake an emergency activity pursuant to this section
and shall include the following information:
(1)
Description of the proposed action and the manner in which it
is to be undertaken.
(2)
Location map and plan of the proposed action.
(3)
Any additional information which the Building Inspector may
reasonably require to properly evaluate the proposed action, including
the report of a licensed professional engineer and design plans stamped
by same. The Building Inspector may consult with an engineer, other
than the engineer who prepared the plans, to review the proposal and/or
to obtain such other information as they may deem necessary for their
evaluation of the proposal.
B.
Findings by Building Inspector. In authorizing an emergency activity,
the Building Inspector shall:
(1)
Find that the proposed action constitutes a permissible emergency
activity as described in this section.
(2)
Determine that the proposed emergency activity can and will
be carried out in a manner which will cause the least adverse impact
on the public health, safety, or welfare and the least harm to natural
resources, features, and systems.
(3)
Where applicable, coordinate with and consider the comments
of the Town Trustees or their authorized representatives.
(4)
Determine that: (i) the principal building or residence is in
imminent peril of incurring major structural damage as a result of
flooding or erosion, and the proposed emergency activity is necessary
to prevent such damage; or (ii) the building or structure has already
incurred major structural damage because of flooding or erosion, and
the proposed emergency activity is necessary to repair such damage
or to prevent a structural failure of all or part of the building
or structure. In making this determination, the Building Inspector
shall consult the Planning Department, Environmental Protection Department
or the Town Fire Marshal, require written comments from same and may
require the applicant to provide an evaluation and/or certification
of the imperiled structure from a licensed professional engineer.
In addition, should the Building Inspector deem it necessary, the
Building Inspector may consult with an engineer other than that retained
by the applicant, to assist in their determination.
C.
Determination of Building Inspector. The Building Inspector shall, in writing, authorize or refuse to authorize a proposed emergency activity within five business days of the receipt of the application (including any supplemental information deemed necessary to determine eligibility for the permit) described in Subsection A hereof. If the Building Inspector authorizes the proposed activity, his authorization shall specify the following:
(1)
Description of the emergency activity for which the authorization
is issued.
(2)
Address and location of the property where the emergency activity
is to be conducted.
(3)
Name and address of the person or persons authorized to conduct
the emergency activity.
(4)
Period of validity of the authorization.
(5)
Terms and conditions of the authorization.
D.
Conditions to determination. The Building Inspector may authorize
any emergency activity which is specified in this section and which
is warranted by the circumstances. He may impose conditions commensurate
with the emergency and reasonably related to the emergency activity
which he authorizes. Such conditions may include, but shall not be
limited to, the following:
(1)
Removal of damaged buildings or structures or portions thereof,
if those damaged buildings, structures, or parts thereof are or have
become hazardous to human health or safety, or if said buildings,
structures, or parts thereof present a threat of damage to other buildings
or structures or to natural resources.
(2)
Removal of any building or structure which has been constructed,
erected, or placed, or any material which has been placed or deposited,
without benefit of a building permit, natural resources special permit,
or other required permit or approval.
(3)
Limiting the length of a geotextile tube or sandbag system to
the minimum length necessary to protect the principal structure on
the property.
(4)
Restoration of any natural resource which has been or may be
damaged by the emergency activity.
(5)
The posting of an undertaking and security, equal to the estimated
cost of removal, which in no case shall be less than the cost of construction
of the emergency activity, together with an access easement to permit
the Town and/or its contractors to enter upon the premises for removal
of the coastal erosion protections installed pursuant to the emergency
permit, should the structures remain in place after expiration of
the permit and extensions thereof, which the Building Inspector may
reasonably determine to be necessary to ensure the completion of restoration
work, the removal of structures, or the completion of other work required
by his authorization.
(6)
An "as-built" survey may be required at the discretion of the
Building Inspector to demonstrate compliance with the conditions and
limitations of the permit.
E.
Duration of emergency authorization. An authorization for the undertaking
of emergency activity pursuant to this section shall be valid for
a period of time not to exceed six months. Such authorization may
be renewed for one additional period not to exceed three months, provided
that: (i) the person seeking to undertake the emergency activity requests
such renewal in writing; (ii) the activity thus far undertaken pursuant
to the Building Inspector's authorization is in full compliance with
the terms and conditions of that authorization; (iii) the Building
Inspector finds that an emergency situation as described in this section
still exists; and (iv) for any authorized geotextile protection, a
post-removal management plan for the imperiled structure. All emergency
activity authorized under this section shall be completed prior to
the expiration of said emergency authorization or the activity shall
be deemed work subject to and requiring a natural resources special
permit (and variance, where applicable) pursuant to the other provisions
of this article.
F.
Removal of geotextile tube or sandbag systems. Where the Building
Inspector authorizes installation of a geotextile tube or sandbag
system as an emergency activity pursuant to this section, his determination
authorizing the work shall specify that the applicant will remove
the geotextile tube or sandbag system in its entirety and will complete
any restoration work required by the Building Inspector's authorization,
prior to the expiration of that authorization. In the event that the
geotextile tube or sandbag system is not fully removed from the property
in question by the expiration date of the authorization, or the required
restoration work has not been completed by that date, the Town shall
have the right to enter upon the property to remove the system and/or
to perform the uncompleted restoration work, and shall have the right
to use any security posted in connection therewith in order to undertake
these tasks.
G.
Exceptions to emergency power. Notwithstanding anything herein to
the contrary, the provisions of this section shall not allow the Building
Inspector to authorize the following activities:
[Added 12-18-1997 by L.L. No. 38-1997; amended 4-13-2007 by L.L. No. 14-2007]
The following minimum setbacks or other restrictions shall apply to all lots, lands, uses, activities, and structures within the Town. These setbacks or other restrictions shall apply whether or not the particular lot, land, use, activity, or structure requires a natural resources special permit or other permit or approval, but are subject to certain exceptions set forth in § 255-4-43 hereof and to the provisions of §§ 255-3-70 et seq. hereof relating to the Harbor Protection Overlay District.
A.
Construction prohibited within wetlands. No building
or other structure shall be erected, constructed, placed, enlarged
or reconstructed on or within a wetland.
B.
Sewage disposal devices. No sewage disposal device or structure shall be constructed, placed, or installed within 150 feet of the upland boundary of a wetland. (See also § 255-3-75B.)
C.
All other structures. Except as set forth in § 255-4-43 hereof, no building or other structure shall be erected, constructed, placed, enlarged or installed within 100 feet of the upland boundary of a wetland.
D.
Clearing. The clearing of vegetation or the establishment
of turf, lawn, or landscaping shall not be undertaken within 50 feet
of the upland boundary of a wetland.
[1]
Editor's Note: Former § 255-4-30,
Minimum setbacks, was repealed 12-18-1997 by L.L. No. 38-1997.
[1]
Editor's Note: L.L. No. 12-18-1997, adopted
12-18-1997, repealed the following sections: § 255-4-32,
Bluff (dune crest), as amended; § 255-4-34, Minimum wetland
setbacks, as amended; and §§ 255-4-37 through 255-4-39,
regarding relief and setbacks.
[Added 12-18-1997 by L.L. No. 38-1997; amended 4-13-2007 by L.L. No. 14-2007; 4-7-2011 by L.L. No. 4-2011; 8-6-2015 by L.L. No. 30-2015]
The following minimum setbacks or other restrictions shall apply to all lots, lands, uses, activities, and structures within the Town. These setbacks or other restrictions shall apply whether or not the particular lot, land, use, activity, or structure requires a natural resources special permit or other permit or approval, but are subject to certain exceptions set forth in § 255-4-43 hereof.
A.
Seaward face of bluff or dune. No building or other structure shall
be erected, constructed, placed, enlarged or reconstructed on a bluff
or seaward of the bluff line or dune crest.
B.
Atlantic Ocean, generally. Along the Atlantic Ocean, no building or structure shall be erected, constructed, placed, enlarged or reconstructed within 100 feet of the bluff line or dune crest or, where no bluff line or dune crest exists, within 100 feet of the landward boundary of the beach; provided, however, that the oceanfront areas described in Subsections C and D below shall be governed by the provisions of those subsections.
C.
Atlantic Ocean; South side of Montauk Highway, Montauk (from Hither
Hills State Park to Montauk Beach Property Owners' Association, Inc.)
For certain properties hereinafter defined, due to the unusual geologic
conditions existing thereon, including the presence of a predominately
steep and vegetated bluff rising immediately from the base of the
ocean beach, the required setback shall be 125 feet and shall be measured
from the base of bluff (rather than the bluff line) on properties
lying on the south side of the Old Montauk Highway between the easterly
boundary of Hither Hills State Park (SCTM #0300-086.00-02.00-005.000)
and the westerly boundary of the reservation property of the Montauk
Beach Property Owners' Association, Inc. (SCTM #0300-067.00-04.00-034.000).
In addition, in calculating "lot area" as the term is defined in this
chapter for the properties lying within the area specified herein
only, "lot area" as the term is defined in this chapter for the properties
lying within the area specified herein only, "lot area" shall be calculated
excluding the area seaward of the base of bluff rather than the area
seaward to the bluff line or primary dune crest as the same are defined
in this chapter.
[Amended 2-7-2019 by L.L.
No. 5-2019]
D.
Atlantic Ocean, eastern Montauk. Along the Atlantic Ocean, on all
lands lying east of the eastern boundary of Map No. 174, Montauk,
no building or other structure shall be erected, constructed, placed,
enlarged or reconstructed within 150 feet of the bluff line or dune
crest or, where no bluff line or dune crest exists, within 150 feet
of the landward boundary of the beach.
E.
Outer bays and harbors. Along the shorelines of Northwest Harbor,
Gardiner's Bay, Napeague Bay, Fort Pond Bay, and Block Island Sound,
no building or other structure shall be erected, constructed, placed,
enlarged or reconstructed within the following distances of the bluff
line or dune crest or, where no bluff line or dune crest exists, within
the following distances of the landward boundary of the beach:
(1)
On lots having a lot area of less than 30,000 square feet: 75
feet.
(2)
On lots having a lot area of less than 80,000 but greater than
or equal to 30,000 square feet: 100 feet.
(3)
On lots having a lot area of 80,000 square feet or more: 150
feet.
(4)
Notwithstanding the foregoing, on lots having a lot area of
less than 80,000 square feet, for an addition to a legally preexisting
structure that is situated landward of the existing structure, the
required setback shall be 50 feet.
F.
Inner harbors. Along the shoreline of Northwest Creek, Three Mile
Harbor, Hog Creek, Accabonac Creek, Napeague Harbor, Great Pond (Lake
Montauk) and the tributaries thereto, no building or other structure
shall be erected, constructed, placed, enlarged or reconstructed within
the following distances of the bluff line or dune crest or, where
no bluff line or dune crest exists, within the following distances
of the landward boundary of the beach:
G.
Clearing. On properties where the setback is measured from the bluff
line or dune crest, the clearing of vegetation or the establishment
of turf, lawn or landscaping shall not be undertaken within 50 feet
of the bluff line or dune crest or, where no bluff line or dune crest
exists, the landward boundary of the beach.
[Added 12-18-1997 by L.L. No. 38-1997; amended 2-10-1998 by L.L. No. 6-1998; 4-13-2007 by L.L. No. 14-2007]
The following structures, uses, and activities
shall not be required to conform to the minimum setbacks from natural
features or other prohibitions which are specified in this article,
to the extent set forth below:
B.
Pervious residential driveways. The wetland setbacks contained in § 255-4-30 hereof shall not apply to a pervious driveway or walkway serving residential property. Any such driveway or walkway shall, however, be set back as great a distance as practicable from the upland boundary of all wetlands.
C.
Subdivision access. The wetland setbacks contained in § 255-4-30 hereof shall not apply to a street or common driveway serving lots in a subdivision approved by the Planning Board, provided that the Planning Board makes an express finding in its resolution approving the subdivision that, pursuant to this subsection, there is no feasible way to provide the lots served by the street or common driveway with suitable access if the wetland setbacks contained in § 255-4-30 hereof are required to be met, and provided further that a natural resources special permit is obtained for the street or common driveway pursuant to Article V hereof. Wherever such setback relief is granted by the Planning Board, it shall be the minimum relief necessary to provide safe and reasonable access to the lots in question.
D.
Marinas and other uses in the Waterfront District. The wetland setbacks contained in § 255-4-30 hereof shall not apply to any structure on a lot in the Waterfront (WF) Use District or to any structure which is part of a lawfully existing marina or recreational marina in any district, provided that the structure is either water-dependent in that it is used for the servicing of boats, the unloading of fish, or the like, or for some other reason cannot feasibly be located landward of the otherwise applicable setback line.
E.
Reconstruction of nonconforming structures. The reconstruction
of nonconforming buildings and structures shall be exempt from the
setback requirements of this article only as set forth below:
(1)
The reconstruction, as defined herein, of a nonconforming building or structure shall be exempt from compliance with the wetland setback requirements of § 255-4-30 hereof.
(2)
The reconstruction, as defined herein, of a nonconforming building or structure shall only be exempt from compliance with the bluff line or dune crest setback requirements of § 255-4-40 hereof if such reconstruction is undertaken because of accidental damage or destruction, pursuant to and as described in § 255-1-42C(2) hereof.
F.
Personal wireless service facilities. The wetland setbacks contained in § 255-4-30 hereof shall not apply to Tier One, Tier Two (a) or Tier Two (b) personal wireless service facilities, including but not limited to transmission equipment, antennas or antenna equipment. New towers, macro wireless facilities or applications which represent a substantial change, as the same are defined in § 255-1-20 of this chapter, shall not be deemed exempt from the wetland setbacks of § 255-4-30.
[Added 9-15-2022 by L.L. No. 24-2022]
[Added 12-18-1997 by L.L. No. 38-1997]
Where a structure, activity or use is subject
to one or more of the setbacks set forth in this article, it shall
comply with each such applicable setback.
[Added 12-18-2009 by L.L. No. 27-2009; amended 12-5-2013 by L.L. No.
12-2013]
The Town of East Hampton and the Trustees of the Freeholders and Commonality of the Town of East Hampton (hereafter also known as the "permitting authority or authorities") recognize the potential benefits to beach renourishment by way of properly installed snow/sand or "shoreline fencing" upon our beaches. As a result, the Town hereby adopts standards for the installation of such fencing in order to allow oceanfront property owners to install such sand fencing upon or adjacent to their property for purposes of beach replenishment. Fences installed in strict compliance with the provisions of this section shall be exempt from the requirements of Chapter 255, Zoning, §§ 255-3-85 (Coastal Erosion Overlay District: Regulations); 255-4-40 (Coastal setbacks, including bluff and dune crest setbacks); and 255-5-50 (Natural resources special permit) of the Town Code of the Town of East Hampton.
A.
Sand fencing installed in strict compliance with the following criteria shall qualify for the issuance of a shoreline fence permit from the Department of Natural Resources and/or the Town Trustees and shall be exempt from the provisions of §§ 255-3-85B (Coastal Erosion Overlay District-Regulations, Regulation of erosion control structures); 255-4-40 (Coastal setbacks, including bluff and dune crest setbacks); and 255-5-50 (Natural resources special permit) of the Town Code of the Town of East Hampton:
(1)
Shoreline fencing may be installed only for the purpose of building
sand dunes by trapping windblown sand, the protection of the dune(s)
and protection of existing or planted vegetation and for no other
purpose.
(2)
A shoreline fencing permit requires a fee of $75, to be paid
to the Parks Department or Town Trustees, depending upon the jurisdictional
area the fence is located in.
(3)
Sand shoreline fencing shall meet the following standards:
(a)
Fencing shall be constructed of untreated wood laths or slats
constructed of spruce, pine, fir, locust, cedar or other wood of similar
life and strength, connected to one another by five or more twisted
wires, until such time as an alternative is available that is degradable
and/or more environmentally sensitive, and shall be no greater than
four feet in height.
(b)
Fencing shall be supported by untreated wooden posts of not
less than two inches by three inches in dimension, and at least six
feet in length, unless other materials are approved by the permitting
authority which posts shall be driven into the sand so that the top
of the posts are no higher than the top of the fencing. Such posts
shall be spaced no more than every 10 feet of fence length. In the
event that materials other than wood are approved for posts, each
such post shall be tagged with a unique identification number.
(c)
Fencing shall be secured to the posts by no less than two heavy-duty
(at least 150 pounds tensile strength), UV-resistant plastic zip ties.
(d)
At least one section of sand fencing shall display the permit
number issued by the Natural Resources Department or the Town Trustees
after inspection and approval of the fence installation by Natural
Resources or the Town Trustees.
(4)
Shoreline fencing shall be installed in a zig-zag pattern as
follows (see illustration, end of this chapter) unless otherwise approved
by the Parks Department, Natural Resources Department, and Town Trustees
and noted on the permit:
(a)
A single row of shoreline fencing shall be installed at the
toe of the most seaward dune, but in no event shall such fencing extend
more than 10 feet seaward of either existing dune vegetation or the
toe of such seaward dune, whichever is further seaward;
(b)
Shoreline fencing shall be installed at an angle of at least
45º to the shoreline unless and until an alternative design is
proven more effective or unless an alternate design has been approved
by the permitting authority;
(c)
Individual sections of fence shall be no longer than 10 feet
in length and shall be spaced no less than seven feet apart from one
another (see diagram);
(d)
Notwithstanding the foregoing, fencing shall not interfere with
wildlife nesting areas, recreational or emergency vehicular access
or in a manner that impedes or restricts established common law and
statutory rights of public access and use of public trust lands and
waters.
(5)
Maintenance of shoreline fencing. During the period in which
such sand fencing is installed, it shall be maintained as follows:
(a)
Broken or missing slats and/or posts shall be replaced and broken
wires secured to avoid injury to passersby;
(b)
All previously installed fencing, especially that exposed due
to storm/weather event, whether still intact or debris upon the beach,
will be removed at the expense of the applicant prior to granting
of a permit for installation of any new fence, unless the permitting
agency determines that such installed fencing or part thereof is in
acceptable condition and is installed in a manner consistent with
the provisions of this law, in which case such fence or part thereof
deemed acceptable may be incorporated into the new application.
(c)
Permit holders shall be responsible for any costs incurred by
the permitting authority in the cleanup and/or removal of damaged
or broken posts and/or fencing.
(d)
Permit holders shall be responsible for any costs incurred by
the permitting authority in the cleanup and/or removal of damaged
or broken posts.
B.
Fencing installed in a manner which does not comply with the specifications set forth herein and not otherwise approved by the permitting agency shall be subject to the requirements of §§ 255-3-85B (Coastal Erosion Overlay District: Regulations, Regulation of erosion control structures); 255-4-40 (Coastal setbacks, including bluff and dune crest setbacks); and 255-5-50 (Natural resources special permit) and all other applicable provisions of the Town Code.
[Amended 2-10-1998 by L.L. No. 6-1998; 4-13-2007 by L.L. No.
14-2007]
If the Building Inspector, in administering or enforcing any provision of this chapter, is in doubt as to the existence, location, boundary or extent of any natural feature, resource or system, including but not limited to those designated in § 255-4-12 hereof, he shall consult with the Natural Resources Director and/or Planning Director, who shall provide the Building Inspector with a written determination regarding the same. Where the Natural Resources Director or Planning Director informs the Building Inspector in writing as to the existence, location, boundary or extent of any such natural feature, resource or system, either in response to the Building Inspector's inquiry or without such an inquiry, this determination shall be binding upon the Building Inspector and the affected property owner for all purposes under this chapter, unless and until a different determination shall have been rendered by the Zoning Board of Appeals pursuant to the authority given it in Article VIII hereof.
[Amended 4-13-2007 by L.L. No. 14-2007]
Notwithstanding any other provision of this Code to the contrary, except the provisions of § 255-4-43 hereof regarding access to subdivision lots, no property shall be subdivided so as to create any lot on which a principal building, structure, or use cannot be sited in compliance with all of the setback requirements contained in this article. This section shall not be construed to prevent the Planning Board from requiring setbacks of whatever greater size it deems reasonable and necessary in a particular subdivision application.
[1]
Editor's Note: Former § 255-4-85,
Properties of the Town Trustees, was repealed 12-18-1997 by L.L. No.
38-1997.
[Amended 4-21-1989 by L.L. No. 2-1989; 12-18-1997 by L.L. No.
38-1997]
Nothing in this article shall be deemed to apply
to:
A.
Fishing, shellfishing, hunting and trapping which
is otherwise legal and for which all necessary licenses and permits,
including permission of the Trustees or other landowner, if required,
shall have been obtained.
B.
The demolition, removal or replacement of existing
fuel tanks, fuel lines, fuel dispensers or other existing hazardous
or toxic storage facilities, including necessary site work, required
by Article 12 of the Suffolk County Sanitary Code, provided that the
following conditions are satisfied:
(1)
Approval has been obtained for such work from
the Suffolk County Department of Health Services; and
[Amended 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998; 9-4-1998 by L.L. No. 30-1998]
It shall be a violation of this chapter, subject to the provisions of Article X hereof, for any person to do any of the following:
A.
Prohibited activity. To undertake or carry out a use
or activity which is prohibited by this article.
B.
Failure to obtain natural resources special permit.
To undertake or carry out a use or activity for which a natural resources
special permit is required by the provisions of this article without
having first obtained said natural resources special permit.
C.
Failure to obtain Trustee permit. To undertake or
carry out a use or activity, for which the Town Trustees require their
permission, on any watercourse, underwater land, wetland, beach, bluff
or duneland owned by the Town Trustees without having first obtained
such Trustee permission.
D.
Violation of conditions of natural resources special
permit. To violate or fail to comply with a condition or requirement
of a natural resources special permit issued pursuant to this article.
E.
Violation of Trustee permit. To violate or fail to
comply with a condition or requirement of a Town Trustee permit issued
for work on any watercourse, underwater land, wetland, beach, bluff
or duneland owned by them.
