The following restrictions apply to regulated activities within
structural hazard areas:
A.
A
coastal erosion management permit is required for the installation
of public service distribution, transmission or collection systems
for gas, electricity, water or wastewater. Systems installed along
the shoreline must be located landward of the shoreline structures.
B.
The
construction of nonmovable structures or the placement of major nonmovable
additions to an existing structure is prohibited.
C.
Permanent
foundations may not be attached to movable structures, and any temporary
foundations are to be removed at the time the structure is moved.
Below-grade footings will be allowed if satisfactory provisions are
made for their removal.
D.
No
movable structure may be located closer to the landward limit of a
bluff than 25 feet.
E.
No
movable structure may be placed or constructed such that, according
to accepted engineering practice, its weight places excessive groundloading
on a bluff.
F.
Plans
for landward relocation of movable structures must be included with
each application for a permit. Movable structures which have been
located within a structural hazard area pursuant to a coastal erosion
management permit must be removed before any part of the structure
is within 10 feet of the receding edge. The last owner of record,
as shown on the latest assessment roll, is responsible for removing
that structure and its foundation, unless a removal agreement was
attached to the original coastal erosion management permit. With the
attachment of a removal agreement to the coastal erosion management
permit, the landowner or the signator is responsible for the landward
relocation of movable structures. Removal agreements may be made when
the last owner of record and the owner of the structure are different
with the approval of the Village at the time the permit is issued.
G.
Debris
from structural damage which may occur as a result of sudden unanticipated
bluff edge failure, dune migration or wave or ice action must be removed
within 60 days of the damaging event.
H.
Any
grading, excavation or other soil disturbance conducted within a structural
hazard area must not direct surface water runoff over a bluff face.
A.
Nearshore
areas dissipate a substantial amount of wave energy before it is expended
on beaches, bluffs or dunes by causing waves to collapse or break.
Nearshore areas also function as reservoirs of sand, gravel and other
unconsolidated material for beaches. Sandbars, which are located in
nearshore areas, control the orientation of incoming waves and promote
the development of ice cap formations which help protect shorelines
during winter storms. The roots of aquatic vegetation in nearshore
areas bind fine-grained silts, clays and organic matter to form a
fairly cohesive bottom that resists erosion.
B.
The
following restrictions apply to regulated activities in nearshore
areas:
(1)
Excavating, grading, mining or dredging which diminishes the erosion
protection afforded by nearshore areas is prohibited, except construction
or maintenance of navigation channels, bypassing sand around natural
and man-made obstructions and artificial beach nourishment, all of
which require a coastal erosion management permit.
(2)
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within nearshore areas.
Any deposition will require a coastal erosion management permit.
(3)
All development is prohibited in nearshore areas unless specifically
provided for by this chapter.
A.
Beaches
buffer shorelands from erosion by absorbing wave energy that otherwise
would be expended on the toes of bluffs or dunes. Beaches that are
high and wide protect shorelands from erosion more effectively than
beaches that are low or narrow. Beaches also act as reservoirs of
sand or other unconsolidated material for longshore littoral transport
and offshore sandbar and shoal formation.
B.
The
following restrictions apply to regulated activities in beach areas:
(1)
Excavating, grading or mining which diminishes the erosion protection
afforded by beaches is prohibited.
(2)
Clean sand or gravel of an equivalent or slightly larger grain size
is the only material which may be deposited within beach areas. Any
deposition will require a coastal erosion management permit, which
may be issued only for expansion or stabilization of beaches.
(3)
Active bird nesting and breeding areas must not be disturbed unless
such disturbance is pursuant to a specific wildlife management activity
approved, in writing, by the Department.
(4)
All development is prohibited on beaches unless specifically provided
for by this chapter.
(5)
The placement of an existing house on pilings is prohibited in beach
areas.
[Added 10-21-2011 by L.L. No. 2-2011]
A.
Dunes prevent overtopping and store sand for coastal processes. High,
vegetated dunes provide a greater degree of protection than low, unvegetated
ones. Dunes are of the greatest protective value during conditions
of storm-induced high water. Because dunes often protect some of the
most biologically productive areas as well as developed coastal areas,
their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beach
grass or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
B.
The following restrictions apply to regulated activities in dune
areas:
(1)
In primary dune areas:
(a)
Excavating, grading or mining of primary dunes is prohibited.
(b)
Clean sand of a compatible type and size is the only material
which may be deposited. Any deposition requires a coastal erosion
management permit.
(c)
All depositions must be vegetatively stabilized using species
tolerant of the conditions at the site and must be placed so as to
increase the size of or restore a dune or dune area.
(d)
Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife management
activity approved, in writing, by the Department.
(e)
Nonmajor additions to existing structures are allowed on primary
dunes pursuant to a coastal erosion management permit and subject
to permit conditions concerning the location, design and potential
impacts of the structure on the primary dune. Alteration of the existing
structure to the extent reasonably necessary in order to add the nonmajor
addition to the existing structure shall be deemed to be part of the
design of the nonmajor addition. Any disturbance of the primary dune
caused by such nonmajor addition shall be restored as a condition
of such permit.
[Amended 10-21-2011 by L.L. No. 2-2011]
(f)
Erosion protection structures compatible with the purposes of this chapter will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. Hard erosion protection structures are not compatible with the purposes of this chapter and thus are prohibited (see § 80-12F).
[Amended 7-18-1997 by L.L. No. 3-1997]
(g)
The construction or placement of a structure (other than an
erosion protection structure or a nonmajor addition to an existing
structure) is prohibited in primary dune areas.
[Added 1-17-1992 by L.L. No. 1-1992]
(h)
The construction or placement of a major addition to a structure
(other than an erosion protection structure) is prohibited in primary
dune areas.
[Added 1-17-1992 by L.L. No. 1-1992; amended 10-21-2011 by L.L. No.
2-2011]
(i)
The restoration of a structure (other than an erosion protection
structure) is prohibited in primary dune areas.
[Added 1-17-1992 by L.L. No. 1-1992; amended 10-21-2011 by L.L. No.
2-2011]
(j)
The reconstruction of a structure without modification is allowed in primary dune areas pursuant to a coastal erosion management permit (subject to the provisions of § 80-6), provided that the cost of the reconstruction is less than 50% of the replacement cost - new of the structure at the time of reconstruction. The Administrator shall require the applicant to submit evidence of replacement cost - new and of the estimated cost of reconstruction at the time the application for a coastal erosion management permit is submitted. Replacement cost - new and the estimated cost of such reconstruction shall be determined by the Administrator at the time the permit is applied for based upon such evidence submitted by the applicant and such other information as the Administrator shall deem relevant. The Administrator may require periodic reporting in reasonable detail of actual costs incurred by the holder of the permit. The submission of evidence of replacement cost - new or of estimated cost of reconstruction that is not made in good faith by or on behalf of an applicant, or of information concerning the actual costs of reconstruction that is not true and correct, shall constitute a violation of this chapter and may result in revocation of such permit, in addition to other applicable remedies.
[Added 1-17-1992 by L.L. No. 1-1992; amended 10-21-2011 by L.L. No.
2-2011]
(k)
The reconstruction of a structure (other than an erosion protection
structure) with modification is prohibited in primary dune areas (even
if the cost of the reconstruction is less than 50% of the replacement
cost — new of the structure at the time of reconstruction).
[Added 10-21-2011 by L.L. No. 2-2011]
(l)
The placement of an existing house on pilings is prohibited
in primary dune areas.
[Added 10-21-2011 by L.L. No. 2-2011]
(m)
Notwithstanding the foregoing provisions, the reconstruction or restoration without modification of existing structures that are damaged or destroyed by fire or similar natural events not related to coastal flooding and erosion is allowed in primary dune areas pursuant to a coastal erosion management permit (subject to the provisions of § 80-6), provided that such permit is obtained within 18 months from the date of such damage or destruction. 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.
[Added 10-21-2011 by L.L. No. 2-2011]
(2)
In secondary dune areas:
(a)
All depositions must be of clean sand of a compatible type and
size, and all grading must be performed so as to increase the size
of or restore a dune or former dune area.
(b)
Excavating, grading or mining must not diminish the erosion
protection afforded by them.
(c)
Nonmajor additions to existing structures are allowed on secondary
dunes pursuant to a coastal erosion management permit.
(d)
Permitted construction, reconstruction, restoration or modifications
must be built on adequately anchored pilings such that at least three
feet of open space exists between the floor joists and the surface
of the secondary dune; and the permitted activity must leave the space
below the lowest horizontal structural members free of obstructions.
(3)
All other activities and development in dune areas are prohibited
unless specifically provided for by this chapter.
A.
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of depositional
material for beaches and other unconsolidated natural protective features.
B.
The following activities are prohibited on bluffs:
(1)
Excavating or mining, except when in conjunction with conditions
stated in a coastal erosion management permit issued for minor alterations
in the construction of an erosion protection structure or for provision
of shoreline access.
(2)
Motorized and nonmotorized traffic. The restrictions of § 80-13, Traffic control, apply to bluffs.
(3)
All development, unless specifically allowed by this section of this
chapter.
(4)
Disturbance of active bird nesting and breeding areas, unless such
disturbance is pursuant to a specific wildlife management activity
approved, in writing, by the Department.
(5)
Soil disturbance that directs surface water runoff over a bluff face.
C.
Activities specifically allowed under this subsection are:
(1)
Minor alteration of a bluff done in accordance with conditions stated
in a coastal erosion management permit issued for new construction,
modification or restoration of an erosion-protection structure.
(2)
Bluff cuts done in accordance with conditions stated in a coastal
erosion management permit issued for the provision of shoreline access,
where:
(a)
Cut is made in a direction perpendicular to the shoreline.
(b)
Ramp slope may not exceed 1:6.
(c)
Side slopes may not exceed 1:3 unless terraced or otherwise
structurally stabilized.
(d)
Side slopes and other disturbed nonroadway areas must be stabilized
with vegetation or other approved physical means.
(e)
The completed roadway must be stabilized and drainage provided
for.
(3)
New construction, modification or restoration of walkways or stairways
done in accordance with conditions of a coastal erosion management
permit.
(4)
Nonmajor additions to existing structures may be allowed on bluffs
pursuant to a coastal erosion management permit.
The following requirements apply to the construction, modification
or restoration of erosion protection structures:
A.
The construction, modification or restoration of erosion protection
structures must:
(1)
Not be likely to cause a measurable increase in erosion at the development
site or at other locations.
(2)
Minimize and, if possible, prevent adverse effects upon natural protective
features, existing erosion protection structures and natural resources
such as significant fish and wildlife habitats.
B.
All erosion protection structures must be designed and constructed
according to generally accepted engineering principles or, where sufficient
data is not currently available, a likelihood of success in controlling
long-term erosion. The protective measures must have a reasonable
probability of controlling erosion on the immediate site for at least
30 years.
C.
All materials used in such structures must be durable and capable
of withstanding inundation, wave impacts, weathering and other effects
of storm conditions for a minimum of 30 years. Individual component
materials may have a working life of less than 30 years only when
a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
D.
A long-term maintenance program must be included with every permit
application for construction, modification or restoration of an erosion
protection structure. The maintenance program must include specifications
for normal maintenance of degradable materials. To assure compliance
with the proposed maintenance programs, a bond may be required.
E.
An application for a coastal erosion management permit involving
an erosion protection structure shall consider the final generic environmental
impact statement entitled "Examination of Options to Control Beach
Erosion in the Village of Quogue," completed and accepted by the Board
of Trustees on January 16, 1997.
[Added 7-18-1997 by L.L. No. 3-1997]
F.
Hard erosion protection structures are not compatible with the purposes
of this chapter and thus are prohibited. Hard erosion protection structures
include any type of coastal engineering structure composed of rock,
stone, concrete, rubble, wood, steel, metal or similar hard material
designed to reduce or prevent erosion by holding sand in place or
capturing new sand supplies as transported by waves and currents or
otherwise protecting against damage by waves and currents. Hard erosion
protection structures include hard structures such as a breakwater,
groin, jetty, revetment, riprap, bulkhead or seawall designed for
construction in a nearshore area, beach area or dune area regulated
by this chapter.
[Added 7-18-1997 by L.L. No. 3-1997]
G.
Hard erosion protection structures do not include the type of erosion protection structure which consists of cloth or plastic bags or tubes that are filled with native beach sand or upland sand of a specific grain size. Such sand-filled containers, such as sand bags, longard tubes, geotubes or geotextile containers, are classified as semihard erosion protection structures which may be allowed at the waterward toe of primary dunes pursuant to § 80-10B(1)(f) and a coastal erosion management permit (subject to the provisions of §§ 80-6 and 80-12).
[Added 7-18-1997 by L.L. No. 3-1997]
Motorized and nonmotorized traffic must comply with the following
restrictions:
A.
Motor vehicles must not travel on vegetation, must operate waterward
of the debris line and, when no debris line exists, must operate waterward
of the waterward toe of the primary dune or bluff.
B.
Motor vehicle traffic is prohibited on primary dunes, except for
officially designated crossing areas, and on bluffs.
C.
Walkways.
[Amended 8-21-2020]
(1)
All walkways shall be elevated. The bottom of horizontal joists shall
be constructed at least one foot above grade. Stairways shall have
open risers. Stairways down the south face of a dune shall be constructed
with at least 2 1/2 feet of clearance from the dune. In the event
that sand thereafter accumulates around and under a walkway or stairway
so that it is at or below the surrounding grade, such walkway or stairway
shall be reconstructed so that it becomes properly elevated or shall
be replaced by a walkway or stairway that complies with the elevation
requirement. Retaining walls that restrict the natural movement of
sand are prohibited.
(2)
Walkways shall be a maximum of four feet in width. Walkways designed
for wheelchair access, which shall be permitted if required by the
needs of the owner, may have a passing area up to eight feet in length
and width.
(3)
A handrail and a horizontal midrail shall be required on each side
of any walkway that has a walking surface that is 2 1/2 feet
or more above grade. Cable rails made of steel or other metal materials
are not permitted.
(4)
All newly installed lighting shall be low voltage and downward facing.
(5)
Walkways and stairways and their handrails shall be made of natural
lumber only. Plastic or composite materials are not permitted. Treated
lumber may only be used for posts in direct contact with the ground.