[HISTORY: Adopted by the Board of Trustees of the Village
of Nissequogue 7-18-1989 by L.L. No. 3-1989. Amendments noted where
applicable.]
Beaches, dunes, bluffs and other natural protective features
are safeguards for coastal lands. They help to protect human life
and property from risks resulting from storms and flooding. Erosion
of these protections may result from excavation of coastal features,
from improperly designed waterfront structures, from inadequate site
planning and from other actions undertaken in disregard of the fragile
nature of these natural features. Actions and development in or in
proximity to natural protective features must be undertaken in a manner
which minimizes and mitigates any adverse effects and ensures that
they are neither destroyed nor substantially weakened.
[Added 6-27-1991 by L.L. No. 2-1991]
As used in this chapter, the following words shall have the
meanings indicated:
The zone of unconsolidated earth extending landward from
the mean high-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 mean high-water line. Shorelands 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 body of water. The seaward limit of a "bluff"
is the landward limit of its waterward natural protective feature,
such as a beach or dune. Where no waterward natural protective feature
such as a beach or dune is present, the waterward limit of a "bluff"
is mean high water. The landward limit of a "bluff" is 100 feet landward
of the receding ridge line.
A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.
[Amended 6-27-1991 by L.L. No. 2-1991]
Because of the unsuitability of beaches and dunes for development
and their vulnerability to erosion, no permanent buildings or structures,
except for docks, retaining walls, erosion protection structures and
beach access stairways and walkways, may be erected on any beach or
dune within the Village of Nissequogue for any purpose or use, and
no removal of vegetation, disturbance of surface soils or grading,
excavation or alteration of the natural slope of the beach or dune
shall be permitted.
Because bluffs are inherently fragile natural features subject
to erosion, sloughing, weakening, slumping and eventual collapse from
improper use, development, runoff and groundwater seepage, any grading,
removal or vegetation, improper siting of buildings, paving or parking
areas materially accelerate the risk of severe erosion damage. In
view of these dangers, the following restrictions and standards are
required by this chapter:
A.
The impact upon a bluff from site disturbance shall be minimized
by siting all structures at a minimum distance from the landward edge
of the bluff, to be determined by the erosional rate of the bluff
and the amount of land required for the structure to remain unaffected
for a period of 50 years. In no case shall any structure, including
swimming pools, be located closer than 100 feet to the landward edge
of a bluff.
B.
There shall be no land disturbance within the setback zone, including
removal of vegetation, alteration of grade, alteration of surface
soils, placement of temporary structures or similar activities.
C.
Natural vegetation shall be retained to stabilize the bluff face
and to disperse stormwater.
D.
Stormwater from developed parts of the property shall be directed
in such a manner that it does not flow across the surface of the land
to the bluff face. No natural slope of land away from the bluff face
shall be altered, and no overland flow of stormwater shall be allowed
to reach the bluff face of the adjacent property.
E.
Stormwater shall not be recharged in a quantity from which surface
runoff or subsurface or groundwater flow will undermine the bluff
face.
F.
Impermeable paving shall be minimized. Trap rock and native gravel
shall be required for driveways; and for other outdoor surfaces, such
suitable permeable paving as brick or flagstone on sand.
G.
Roads and driveways shall be located no less than 100 feet from the
top of the bluff and shall be sited in such a manner that no stormwater
from the road or driveway will reach the bluff face or the beach below.
[Amended 6-27-1991 by L.L. No. 2-1991]
H.
Where ground cover has been disturbed, the area within 100 feet of
the bluff face shall be replanted with native vegetation suitable
for the location.
No permit may be issued by the Building Inspector for any construction
in the designated areas, except upon submission by the applicant of
an exact and detailed plan which meets with all restrictions and standards
set forth in this chapter.
[Amended 6-27-1991 by L.L. No. 2-1991]
All building permits for construction in the designated areas
must be approved by the Village Engineer, the Board of Architectural
Review and the Conservation Advisory Council and reviewed for consistency
with the Local Waterfront Revitalization Program by the Joint Village
Coastal Management Commission.
Activities undertaken without the required permit and approvals
shall be penalized as follows:
A.
By restoration of the disturbed area to its previously existing natural
condition or as close to its natural condition as is practicable,
which restoration shall include removal of any encroaching structures
and revegetation of the area where necessary.
B.
By a fine of $250 per day, where unpermitted activities have resulted
in bluff erosion, sloughing, any degree of bluff collapse or any flow
of stormwater resulting from such activities which intrude upon neighboring
property or the beach below the bluff.
