The Village of Quogue 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 impacts 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 Village of Quogue finds that the coastal erosion hazard
area:
A.
Is
prone to erosion from the action of the Atlantic Ocean. Such erosion
may be caused by the action of waves, currents running along the shore
and wind-driven water and ice. Such area is 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 endangering human
lives. When this occurs, individuals and private businesses suffer
significant economic losses, as do the Village and the state economies,
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 the 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 and by building structures intended for erosion prevention
which may exacerbate erosion conditions on adjacent or nearby property.
The following terms used in this chapter shall have the meanings
indicated, unless the context clearly requires otherwise:
The 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 § 80-26.
[Amended 6-1-1994 by L.L. No. 3-1994]
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.
The land adjacent to the Village's "coastal waters" is the
"coastline." "Coastal waters" are Atlantic Ocean.
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 this
chapter.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
An addition to a structure resulting in a 25% 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."
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.
[Added 1-17-1992 by L.L. No. 1-1992]
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 not having a permanent foundation are
examples of "movable structures."
A nearshore 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 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 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 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, 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. "Regulated activity" includes artificial beach nourishment
(see the definition of "structure").
[Amended 7-18-1997 by L.L. No. 2-1997]
The estimated full cost of constructing, in the same location,
a replacement house or other applicable structure which has the same
size, design and function as the house or other structure in existence
at the time an application is made, using modern materials that are
generally available (i.e., not custom made) of the same type and grade,
as nearly as may be practicable, as are used in the house or other
structure in existence at such time.
[Added 10-21-2011 by L.L. No. 2-2011]
The reconstruction of a structure, whether with or without
modification, the cost of which equals or exceeds 50% of the replacement
cost new of the structure at the time of reconstruction.
[Amended 1-17-1992 by L.L. No. 1-1992; 10-21-2011 by L.L. No.
2-2011]
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 or 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 (including
wheelchair access) to the beach; 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; routine 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.
[Amended 10-21-2011 by L.L. No. 2-2011]
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.
