As used in this article, the following terms shall
have the meanings indicated:
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 §
205-93.
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 are 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 §
205-93.
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 twenty-five-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 above.
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 or 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, which support
rare or endangered species, which are found at a very low frequency
within a geographic area, which support fish or wildlife populations
having significant commercial or recreational value or which 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 building; shed; deck; gazebo; in-ground and above ground
pools; garage; mobile home; recreation court; road; public service
distribution, transmission, or collection systems; tanks; docks; piers;
wharves; groins; jetties; seawalls; bulkheads; breakwaters; revetments;
or 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 and which
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 § 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.