Definitions. The following terms used in this article have the meaning
indicated, unless the context clearly requires otherwise:
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. In cases where no dune or bluff exists, then the
"beach" shall be all land lying between such body of water and the
landward edge of beach grass or the upland vegetation if no beach
grass is naturally occurring.
BLUFF
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water.
BLUFF CREST
The highest surface point on a sloped bank prior to the transition
to flat or near-flat area landward.
BLUFF FACE
The area of the bluff between the crest and the toe.
BLUFF TOE
The lowest surface point on a slope face of a dune or bluff.
BUILDING INSPECTOR
The local official responsible for administering and enforcing this article. The powers and duties of this position are more fully described in §
163-99C.
COASTLINE and COASTAL WATERS
The lands adjacent to the Village's coastal waters is the
coastline. Coastal waters are the Shelter Island Sound, Noyack Bay,
Sag Harbor Cove, and their connecting water bodies, bays, harbors,
shallows, creeks and marshes.
DUNE
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
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.
EXISTING FLOOD AND EROSION PROTECTION SOLUTION
A structural solution or nonstructural solution, 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 February 15, 2022, which is the effective date of
this article.
FLOOD AND EROSION PROTECTION SOLUTION
A structural solution or nonstructural solution, specifically
designed to reduce or prevent flooding and/or erosion. This definition
shall be deemed to include a seawall, bulkhead, rock revetment, or
a sloped revetment comprised of natural materials such as coir blocks/envelopes/logs
and the placement of rocks or other materials in the nearshore or
intertidal area (rock sills or breakwaters) for the purpose of reducing
wave activity and/or creating a living shoreline.
GRADING
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR REPAIR/RESTORATION/REPLACEMENT OF EXISTING ELEVATED WALKWAYS
OR STAIRWAYS THAT ACCESS THE BEACH
The repair, restoration or reconstruction without modification
of an existing elevated walkway or stairway that accesses the beach,
the cost of which is greater than 50% of the estimated full replacement
cost of the structure at the time of restoration. Major repair/restoration/replacement
of an elevated walkway or stairway that accesses the beach requires
Planning Board review and approval and a shoreline management permit.
MEAN LOW WATER
For each location, the most recent determination by the National
Oceanic and Atmospheric Administration (National Ocean Survey). All
references shall be to the nearest listed tidal benchmark.
MINOR REPAIR/RESTORATION/REPLACEMENT OF EXISTING ELEVATED WALKWAYS
OR STAIRWAYS THAT ACCESS THE BEACH
The repair, restoration or reconstruction without modification
of an existing elevated walkway or stairway that accesses the beach,
the cost of which is less than 50% of the estimated full replacement
cost of the structure at the time of restoration. Minor repair/restoration/replacement
of an elevated walkway or stairway that accesses the beach does not
require Planning Board review and approval but does require review
and approval by the Building Inspector and a building permit.
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.
NONSTRUCTURAL SOLUTIONS
Shoreline stabilization approaches using only beach-compatible
sand fill material, vegetation, and natural materials (excluding rock)
such as coir fibers or logs, designed and installed to mimic characteristics
of natural features, but are created by human design, engineering,
and construction to provide erosion or flood protection. This definition
is intended to include, but not be limited to, vegetation management,
slope or bank grading, marsh restoration or creation, beach nourishment,
and dune creation and restoration.
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.
PLANNING BOARD
The legislative board of the Village of North Haven responsible
for reviewing and approving shoreline management applications.
REGULATED ACTIVITY
(1)
The construction, modification, addition to, repair/restoration/replacement
or placement of a flood and erosion protection solution.
(2)
Any action or use of land which materially alters the condition
of any natural protective feature, including grading, excavating,
dumping, mining, dredging, filling, or other disturbance of soil including
beach nourishment.
(3)
Construction of elevated walkways or stairways for the purpose
of providing access to the beach.
UNREGULATED ACTIVITY
(1)
Excepted activities which are not regulated by this article
include:
(b)
Planting beach-compatible vegetation (listed on the Village
of North Haven list of recommended native plants) without irrigation,
on existing shoreline types exclusive of any flood and erosion protection
solution defined above and excluding any areas designated as official
wetlands by a wetlands surveyor.
(c)
Maintenance of flood and erosion protection solutions when in
compliance with a previously approved maintenance program.
(2)
All of the aforementioned activities should not require the
use of heavy equipment or machinery to be brought onto the beach.
VEGETATION
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the shoreline area.
VEGETATION MANAGEMENT
The targeted control and elimination of unwanted vegetation
including weeds and other invasive species that pose a risk to infrastructure
by manual, mechanical, biological and/or chemical means (herbicides).
Examples include but are not limited to pruning or removal of trees
that threaten slope stability and seeding, planting or otherwise promoting
desirable, stable low-growing plant communities that are compatible
with the local environment and infrastructure.