Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and § 10 of the Municipal
Home Rule Law, the (Village) of West Hampton Dunes, County of Suffolk,
State of New York, hereby enacts by Local Law No. 5 of 1995 this chapter.
This chapter shall be known and may be cited as the "Village
of West Hampton Dunes Coastal Erosion Hazard Area Management Law."
This chapter shall take effect 20 calendar days from the effective
date of enactment, which is the date of this chapter's adoption and
filing pursuant to Section 27 of the Municipal Home Rule Law, or the
date of filing the official maps, whichever is later.
The Village of West Hampton Dunes hereby assumes the responsibility
and authority to implement and administer a coastal erosion management
program within its jurisdiction pursuant to Article 34 of New York
State Environmental Conservation Law. In addition, it is the purpose
of this chapter to:
A.
Establish standards and procedures for minimizing and preventing
damage to structures from coastal flooding and erosion and to protect
natural protective features and other natural resources.
B.
Regulate in coastal areas subject to coastal flooding and erosion,
land use and development activities so as to minimize or prevent damage
or destruction to man-made property, natural protective features,
other natural resources, and to protect human life.
C.
Regulate new construction or placement of structures in order to
place them a safe distance from areas of active erosion and the impacts
on coastal storms to ensure that these structures are not prematurely
destroyed or damaged due to improper siting, as well as to prevent
damage to natural protective features and other natural resources.
D.
Restrict public investment in services, facilities, or activities
which are likely to encourage new permanent development in erosion
hazard areas.
E.
Regulate the construction of erosion protection structures in coastal
areas subject to serious erosion to assure that when the construction
of erosion protection structures is justified, their construction
and cooperation will minimize or prevent damage or destruction to
man-made property, private property, natural protective features,
and other natural resources.
The Village of West Hampton Dunes finds that the coastal erosion
hazard area:
A.
Is prone to erosion from action of the Atlantic Ocean. Such erosion
may be caused by the action of waves, currents running along the shore,
wind-driven water, hurricanes and human intervention. 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 endangers
human lives. When this occurs, individuals and private businesses
may suffer significant 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 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.
E.
Is an integral part of the economy, environment, and social fabric
of the Village of West Hampton Dunes.
The following terms used in this chapter have the meaning indicated,
unless the context clearly requires otherwise:
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 200-29.
The zone of unconsolidated earth that extends landward from
the mean low-water line to the waterward toe of a dune. 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.[1]
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or body of water. The waterward limit of the 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 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.)
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 chapter.
The lands adjacent to the Village's coastal waters is
the coastline. Coastal waters are the Atlantic Ocean, and Moriches
Bay and their connecting water bodies, bays, harbors, shallows, and
marshes.
A linear accumulation of waterborne debris deposited on a
beach by a storm induced high water or by wave action.
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
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.
An area of the coastline which is a structural hazard area
or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment, breakwater, or artificial beach
nourishment project.
A structure and appurtenances 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 July 18, 1995, which is
the effective date of this chapter.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
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 in the definition of "existing structure."
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.
A change in size, design or function.
A structure designed and constructed to be readily located
with minimum disruption of the intended use. Mobile homes and structures
built on skids or piles and not having a permanent foundation are
examples of movable structures.
A nearby shore area, beach, bluff, primary dune, secondary
dune, or marsh, and their vegetation.
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.
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 horizontal
distance of 1,000 feet from the mean low-water line, whichever is
greater.
Periodic replacement or repair of same kind structural elements
of 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.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate, or any other legal entity whatsoever.
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 chapter. 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.
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.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
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.
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.
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.
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.
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.
Any object constructed, installed or placed in, on, or under
land or water, including but not limited to a building; permanent
shed; deck; in-ground and aboveground pool; garage; mobile home; road;
public service distribution, transmission, or collection system; tanks;
docks; piers; wharf; groins; jetties; seawalls; bulkheads; breakwaters;
revetments; artificial beach nourishment; or any addition to or alteration
of the same.
The lowest surface point on a slope face of a dune or bluff.
Excepted activities which are not regulated by this chapter
include but are not limited to elevated walkways or stairways constructed
solely for pedestrian use and built by an individual property owner
for the limited purpose of providing noncommercial access to the beach,
docks, piers, wharves, or structures built on floats, columns, open
timber piles, or other similar openwork supports with a top surface
area of less than 200 square feet, or which are removed in the fall
of each year; normal beach grooming or cleanup; maintenance of structures
when normal and customary 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; routing agricultural
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.
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the coastal erosion hazard area.
