The Village of Lattingtown finds that the coastal
erosion hazard area:
A. Is prone to erosion from action of Long Island Sound
and its connecting water bodies, bays, harbors, shallows and marshes.
Such erosion may be caused by the action of waves, currents running
along the shore, and wind-driven water and ice. Such areas are also
prone to erosion caused by the wind, runoff of rain water along the
surface of the land, or groundwater seepage, as well as by human activities
such as construction, navigation and certain forms of recreation.
B. Experiences coastal erosion which causes extensive
damage to publicly and privately owned property and to natural resources
as well as endangering human lives. When this occurs, individuals
and private businesses suffer significant economic losses, as do the
Village and the state economies, either directly through property
damage or indirectly through loss of economic return. Large public
expenditures may also be necessitated for the removal of debris and
damaged structures and replacement of essential public facilities
and services.
C. Experiences erosion-related problems that are often
contributed to by man's building without considering the potential
for damage to property, by undertaking activities which destroy natural
protective features such as bluffs, dunes or vegetation, by building
structures intended for erosion prevention which may exacerbate erosion
conditions on adjacent or nearby property, and by water action produced
by wakes from boats.
D. Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are costly,
often only partially effective over time, and may even be harmful
to adjacent or nearby properties. In some sections of the Village,
major erosion protection structures of great length would be required
to effectively reduce future damages due to erosion.
The following definitions of terms or words
used in this article pertain to coastal erosion hazards areas only.
In the case of a conflict between the definitions contained in this
article and any other definition of a similar word or term contained
in any other article of this chapter, the more restrictive definition
shall control, unless the context clearly requires otherwise.
APPURTENANCE
A minor or accessory structure attached to, placed near,
or used in conjunction with a structure.
BEACH
The zone of unconsolidated earth that extends landward from
the mean low water line to the waterward toe of a dune or bluff whichever
is most waterward. Where no dune or bluff exists landward of a beach,
the landward limit of a beach is 100 feet landward from the place
where there is a marked change in material or physiographic form or
from the line of permanent vegetation, whichever is most waterward.
Shorelands subject to seasonal or more frequent overwash or inundation
are considered to be beaches.
BLUFF
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The seaward 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 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The point of inflection is that point along the top of
the bluff where the trend of the land slope changes to begin its descent
to the shoreline).
BOARD OF ADMINISTRATION
The local board responsible for administering this article. The powers and duties of this board are more fully described in §
315-103C.
COASTAL EROSION HAZARD AREA MAP
The final map and any amendments thereof issued by the Commissioner
of the New York State Department of Environmental Conservation, which
delineates boundaries of coastal erosion hazard areas subject to regulation
under this article.
COASTLINE and COASTAL WATERS
The lands adjacent to the Village's coastal waters is the
coastline. Coastal waters are Long Island Sound and its connecting
water bodies, bays, harbors, shallows, and marshes.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
DUNE
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
ENFORCEMENT OFFICER
The local Village official empowered to enforce this article. The powers and duties of this official are more fully described in §
315-103C.
EROSION
The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ice,
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind, runoff of surface waters, or groundwaters,
or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area,
or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater, or artificial beach
nourishment project.
EXISTING STRUCTURE
A structure and appurtenance 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
article.
GRADING
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION
An addition to a structure resulting in a 25% 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."
MEAN LOW WATER
The approximate average low water level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
MODIFICATION
A change in the design, shape, configuration, materials or
use of a structure.
MOVABLE STRUCTURE
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use, examples of movable structures
are gazebos, sheds, statuary or aboveground pools.
NATURAL PROTECTIVE FEATURE AREA
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosion or high water, or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
NEARSHORE AREA
Those lands under water beginning at the mean low water line
and extending waterward in a direction perpendicular to the shoreline
to a point where mean low water depth is 15 feet, or to a horizontal
distance of 1,000 feet from the mean low water line, whichever is
greater.
NORMAL MAINTENANCE
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of a functioning structure. A functioning structure is one which is
fully performing as originally designed at the time that normal maintenance
is scheduled to begin. Normal maintenance of a structure does not
require a coastal erosion management permit.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate, or any other legal entity whatsoever.
PRIMARY DUNE
The most waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally one or more relatively
small dune formations exist waterward of the primary dune. These smaller
formations will be considered to be part of the primary dune for the
purposes of this article. The waterward limit of a primary dune is
the landward limit of its fronting beach. The landward limit of the
primary dune is 25 feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion, or in cases where
there is no discernible line of active erosion, it is the most waterward
line of permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement
of a structure, or 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.
RESTORATION
The reconstruction without modification of a structure, the
cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modifications, however,
may be allowed if they do not exceed preexisting size limits and are
intended to mitigate impacts to natural protective features and other
natural resources.
SECONDARY DUNE
The major dune immediately landward of the primary dune.
The waterward limit of a secondary dune is the landward limit of its
fronting primary dune. The landward limit of a secondary dune is 25
feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population; support rare
or endangered species; are found at a very low frequency within a
geographic area; support fish or wildlife populations having significant
commercial or recreational value; or that would be difficult or impossible
to replace.
STRUCTURAL HAZARD AREA
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate
of one foot or more per year. The inland boundary of a structural
hazard area is calculated by starting at the landward limit of the
fronting natural protective feature and measuring along a line perpendicular
to the shoreline a horizontal distance landward which is 40 times
the long-term average annual recession rate.
STRUCTURE
Any object constructed, installed or placed in, on, or under
land or water, either permanently or temporarily, including, but not
limited to, a principal building; shed; deck; gazebo; in-ground and
aboveground pool; garage; mobile home; recreation court; road; public
service distribution, transmission, or collection systems; tanks;
docks; piers; wharves; groins; jetties; seawalls; bulkheads; breakwaters;
revetments; artificial beach nourishment; or any addition to or alteration
of the same.
TOE
The lowest surface point on a slope face of a dune or bluff.
UNREGULATED ACTIVITY
Activities which are not regulated by this article include
but are not limited to normal beach grooming or cleanup; normal and
customary maintenance of structures 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
agriculture 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.
VEGETATION
Plant life capable of surviving and successfully reproducing
in the area or region in which it is planted, and which is compatible
with the environment of the coastal erosion hazard area.
The provisions, regulations, procedures, and
standards of this article will be held to be the minimum requirements
necessary to carry out the purposes of this article.
The provisions of this article will take precedence
over any other laws, ordinances, or codes in effect in the Village
to the extent that the provisions of this article are more stringent
than such other laws, ordinances, or codes. A coastal erosion management
permit issued pursuant to this article does not relieve the permit
application from the responsibility of obtaining other permits or
approvals as may be necessary nor does it convey any rights or interest
in real property.
The provisions of this article are severable.
If any clause, sentence, paragraph, subdivision, section or part is
adjudged invalid by a court of competent jurisdiction, the effect
of such order or judgment does not affect or invalidate any other
provisions of this article or their application to other persons and
circumstances.
All regulated activities are subject to the
review procedures required by the New York State Environmental Quality
Review Act (SEQR), Article 8 of the New York State Environmental Conservation
Law. The applicant shall be required to submit information necessary
for compliance with SEQR in addition to information required under
this article.
A violation of this article is punishable by fines or imprisonment as set forth in Article
XI, except that each day's continued violation of this Article
XVI will constitute a separate additional violation. Nothing herein will prevent the proper local authorities of the Village from taking such other lawful actions or proceedings as may be necessary to restrain, correct, or abate any violation of this article.