The following terms, as used in this chapter, shall have the meanings indicated, unless the context clearly requires otherwise:
ADMINISTRATORThe Building Inspector, who is the local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in §
74-14C hereinbelow.
BEACHThe zone of unconsolidated earth that extends landward from the mean low waterline to the seaward toe of a dune or bluff, whichever is most seaward. 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 seaward. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be beaches.
BLUFFAny 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 seaward natural protective feature. Where no beach is present, the seaward limit of a "bluff" is the 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.)
COASTAL EROSION HAZARD AREA MAPThe final map, dated June 7, 1988, 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.
COASTLINE and COASTAL WATERSThe land adjacent to the Village's coastal waters is the "coastline." "Coastal waters" are the Atlantic Ocean, Quantuck Bay, Moneybogue Bay and Moriches Bay and their connecting water bodies, bays, harbors, shallows and marshes.
DEBRIS LINEA linear accumulation of waterborne debris deposited on a beach by storm-induced high water or by wave action.
DUNEA ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand.
EROSIONThe loss or displacement of land along the coastline due to the action of waves, currents, winddriven 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 AREAAn area of the coastline which is a structural hazard area or a natural protective feature area.
EROSION PROTECTION STRUCTUREA structure specifically designed to reduce or prevent erosion, such as a groin, jetty, revetment, breakwater or artificial beach nourishment project.
EXISTING STRUCTUREA 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 the effective date of this chapter.
GRADINGA redistribution of sand or other unconsolidated earth to effect a change in profile.
MAJOR ADDITIONAn 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 "existing structure."
MEAN LOW WATERThe 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.
MODIFICATIONThe change in size, design for function.
[Added 5-1-2008 by L.L. No. 6-2008]
MOVABLE STRUCTUREA structure designed and constructed to be readily relocated 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."
NATURAL PROTECTIVE FEATURE AREAA 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 AREAThose lands underwater beginning at the mean low waterline 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 waterline, whichever is greater.
NORMAL MAINTENANCEPeriodic 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.
PERSONAny individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNEThe most seaward major dune where there are two or more parallel lines 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 seaward of the "primary dune." These smaller formations will be considered to be part of the "primary dune" for the purposes of this chapter. The seaward 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 EDGEThe most landward line of active erosion, or in cases where there is no discernible line of active erosion, it is the most seaward line of permanent vegetation.
RECESSION RATEThe rate, expressed in feet per year, at which an eroding shoreline moves landward.
REGULATED ACTIVITYThe construction, reconstruction, alteration, modification or restoration of a structure, or the addition to a structure, or the placement of a structure, or any action or use of land which materially alters the condition of land including grading, excavating, dumping, mining, and dredging, filling or other disturbance of the soil. The terms "development" and "activity," when used in this chapter, have the same meaning as "regulated activity."
[Amended 5-1-2008 by L.L. No. 6-2008]
RESTORATIONThe construction, reconstruction, alteration or 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 filing the application for a coastal erosion hazard permit. The calculation as to whether the cost equals or exceeds 50% of the full replacement cost shall include the sum of the percentage of the cost under all prior coastal erosion hazard permits. If the sum of the percentage of cost undertaken under prior permits does not equal or exceed 50% of the full replacement cost at the time the prior permit or permits were issued, then a coastal erosion hazard permit may be issued, provided that the total cost does not exceed the difference between the total percentage of cost undertaken under all prior permits and the maximum fifty-percent limitation set forth herein. If the sum of the percentage of cost for all work undertaken under prior permits equals or exceeds 50% of the replacement cost of the structure at the time of the application, all work proposed under the application shall constitute a restoration. The estimated full replacement cost of the structure at the time of filing the application for a coastal erosion hazard permit not already issued shall be determined by the greater of the "Replacement Cost New" or "RCN" set forth in the Town of Southampton Assessor's Office appraisal of the subject structure, or the replacement cost determined by an independent certified appraiser chosen by the Village of Westhampton Beach for such purpose, the cost of which shall be paid by the applicant in advance.
[Amended 5-1-2008 by L.L. No. 6-2008; 4-7-2011 by L.L. No. 3-2011]
SECONDARY DUNEThe major dune immediately landward of the primary dune. The seaward 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 HABITATThose 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 AREAThose 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.
STRUCTUREAny object constructed, installed or placed in, on or under land or water, including but not limited to buildings or permanent sheds; fences and/or walls; decks; inground and aboveground pools; garages; mobile homes; roads; 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.
TOEThe lowest surface point on a slope face of a dune or bluff.
UNREGULATED ACTIVITYExcepted activities which are not regulated by this chapter include, but are not limited to, 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; and 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.
VEGETATIONPlant 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.