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.
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.