Pursuant to the provisions of Article 34 of
the New York State Environmental Conservation Law and § 10
of the Municipal Home Rule Law, the Town of Southold, County of Suffolk,
State of New York, hereby enacts, by L.L. No. 24-1991, this chapter.
This chapter shall be known and may be cited
as the "Town of Southold Coastal Erosion Hazard Area Law."
This chapter shall take effect 20 calendar days
from the date of this chapter's adoption and filing pursuant to § 27
of the Municipal Home Rule Law or the date of filing the official
maps, whichever is later.
The Town of Southold hereby assumes the responsibility
and authority to implement and administer a Coastal Erosion Management
Program within its jurisdiction pursuant to Article 34 of the 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 and 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 impact of 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 operation will minimize or prevent damage or destruction
to man-made property, private and public property, natural protective
features and other natural resources.
The Town of Southold finds that the coastal
erosion hazard area:
A.
Is prone to erosion from the action of the Long Island
Sound, Gardiners Bay, Long Beach Bay and Orient Harbor. Such erosion
may be caused by the action of waves, currents running along the shore
and wind-driven water and ice. Such areas are also prone to erosion
caused by the wind, runoff of rainwater 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 suffer significant economic losses, as do the Town
and the state, either directly through property damage or indirectly
through loss of 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 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 Town of Southold,
major erosion protection structures of great length would be required
to effectively reduce future damages due to erosion.
The following terms, as used in the chapter,
shall have the meanings indicated, unless the context clearly requires
otherwise:
The local officials responsible for administrating and enforcing
this chapter. The Southold Town Board of Trustees is hereby designated
as the "Administrator." The Administrator designates the Southold
Town Police Department, the Bay Constables and the Office of Code
Enforcement as responsible for the enforcement of this chapter.
[Amended 1-29-2013 by L.L. No. 1-2013]
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."
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The waterward 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.
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.
Long Island Sound and its connecting water bodies, bays,
harbors, shallows and marshes.
The lands adjacent to the Town of Southold's coastal waters.
A linear accumulation of waterborne debris deposited on a
beach by 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 the effective
date of the chapter.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and approved basements having a window area of less than 10%
of the square-foot area of the room. Usable floor area shall include
all spaces not otherwise excluded above, such as principal rooms,
utility rooms, bathrooms, all closets and hallways opening directly
into any rooms within the dwelling unit.
[Added 1-29-2013 by L.L. No. 1-2013]
An addition to a principal building resulting in a twenty-five-percent
or greater increase in the building footprint of the principal building,
other than an erosion protection structure or a pier, dock or wharf.
The increase will be calculated as the proposed livable floor area,
including any additions to the principal building constructed as of
the enactment date of this chapter, divided by the livable floor area
of the existing principal building.
[Amended 1-29-2013 by L.L. No. 1-2013]
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 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 which do not have a permanent foundation
are examples of "movable structures."
A nearshore area, beach, bluff, primary dune, secondary dune,
wetland or marsh and its vegetation.
[Amended 1-29-2013 by L.L. No. 1-2013]
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 near 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.
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.
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.
A building in which is conducted the main or principal use
of the lot on which said building is located.
[Added 1-29-2013 by L.L. No. 1-2013]
The most landward line of active erosion or, in cases where
there is no discernible line of active erosion, 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; tank;
dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment;
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; setup and maintenance of temporary wildlife protective structures;
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 agricultural operations,
including cultivation or harvesting; and the implementation of practices
recommended in a soil and water conservation plan as defined in §
3, Subdivision (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.
[Amended 1-29-2013 by L.L. No. 1-2013]
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.
Structures, temporary in nature, used for the sole purpose
of protecting the nesting and habitat of wildlife species.
[Added 1-29-2013 by L.L. No. 1-2013]
