[HISTORY: Adopted by the Board of Trustees
of the Village of Westhampton Beach 12-9-1988 by L.L. No. 28-1988.
Amendments noted where applicable.]
The Village of Westhampton Beach 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 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, 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 Board of Trustees of the Village of Westhampton
Beach finds that the coastal erosion hazard area:
A.
Is prone to erosion from action of the Atlantic Ocean
and Moriches Bay. Such erosion may be caused by the action of waves,
currents running along the shore and wind-driven water or ice. Such
areas are also prone to erosion caused by the wind or runoff of rainwater
along the surface of the land, as well as by human activities such
as construction, navigation and certain forms of recreation.
B.
Experiences coastal erosion which causes 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 local
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 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 and by undertaking activities which destroy
natural protective features, such as dunes or vegetation.
The following terms, as 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 § 74-14C hereinbelow.
The zone of unconsolidated earth that extends landward from
the mean low waterline to the seaward toe of a dune or bluff, whichever
is most seaward. 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 seaward.
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 seaward limit of a "bluff"
is the landward limit of its seaward natural protective feature. Where
no beach is present, the seaward limit of a "bluff" is the 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, dated June 7, 1988, 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 the Atlantic Ocean, Quantuck Bay,
Moneybogue Bay and Moriches Bay and their connecting water bodies,
bays, harbors, shallows and marshes.
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, winddriven 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 twenty-five-percent-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.
The change in size, design for function.
[Added 5-1-2008 by L.L. No. 6-2008]
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 its 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 underwater beginning at the mean low waterline
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 waterline, 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 seaward 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 seaward of the "primary dune." These smaller formations
will be considered to be part of the "primary dune" for the purposes
of this chapter. The seaward 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, it is the most seaward
line of permanent vegetation.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
The construction, reconstruction, alteration, modification
or restoration of a structure, or the addition to a structure, or
the placement of a structure, or any action or use of land which materially
alters the condition of land including grading, excavating, dumping,
mining, and dredging, filling or other disturbance of the soil. The
terms "development" and "activity," when used in this chapter, have
the same meaning as "regulated activity."
[Amended 5-1-2008 by L.L. No. 6-2008]
The construction, reconstruction, alteration or 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 filing the application
for a coastal erosion hazard permit. The calculation as to whether
the cost equals or exceeds 50% of the full replacement cost shall
include the sum of the percentage of the cost under all prior coastal
erosion hazard permits. If the sum of the percentage of cost undertaken
under prior permits does not equal or exceed 50% of the full replacement
cost at the time the prior permit or permits were issued, then a coastal
erosion hazard permit may be issued, provided that the total cost
does not exceed the difference between the total percentage of cost
undertaken under all prior permits and the maximum fifty-percent limitation
set forth herein. If the sum of the percentage of cost for all work
undertaken under prior permits equals or exceeds 50% of the replacement
cost of the structure at the time of the application, all work proposed
under the application shall constitute a restoration. The estimated
full replacement cost of the structure at the time of filing the application
for a coastal erosion hazard permit not already issued shall be determined
by the greater of the "Replacement Cost New" or "RCN" set forth in
the Town of Southampton Assessor's Office appraisal of the subject
structure, or the replacement cost determined by an independent certified
appraiser chosen by the Village of Westhampton Beach for such purpose,
the cost of which shall be paid by the applicant in advance.
[Amended 5-1-2008 by L.L. No. 6-2008; 4-7-2011 by L.L. No.
3-2011]
The major dune immediately landward of the primary dune.
The seaward 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 buildings or permanent
sheds; fences and/or walls; decks; inground and aboveground pools;
garages; mobile homes; roads; public service distribution, transmission
or collection systems; tanks; docks; piers; wharves; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; 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, 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; and 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.
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.
The coastal erosion hazard area is hereby established
to classify land and water areas within Westhampton Beach, based upon
shoreline recession rates or the location of natural protective features.
The boundaries of the area are established on the final map prepared
by the New York State Department of Environmental Conservation under
§ 34-0104 of the New York State Environmental Conservation
Law and entitled "Coastal Erosion Hazard Area Map of the Village of
Westhampton Beach," as dated June 7, 1988, and including all amendments
made thereto by the Commissioner of the New York State Department
of Environmental Conservation pursuant to § 34-0104 of the
New York State Environmental Conservation Law.
A.
Requirements. No person may engage in any regulated
activity in an erosion hazard area, as depicted on the Coastal Erosion
Hazard Areas Map of the Village of Westhampton Beach, as amended,
without first obtaining a coastal erosion management permit. No coastal
erosion management permit is required for unregulated activities.
B.
General standards. A coastal erosion management permit
will be issued only with a finding by the administrator that the proposed
regulated activity:
(1)
Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
(2)
Is not likely to cause a measurable increase in erosion
at the proposed site and at other locations.
(3)
Prevents, if possible, or minimizes adverse effects
on natural protective features and their functions and protective
values, existing erosion protection structures and natural resources.
C.
Structural hazard area restrictions. The following
restrictions apply to regulated activities within structural hazard
areas:
(1)
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.
(2)
The construction of nonmovable structures or placement
of major nonmovable additions to an existing structure is prohibited.
(3)
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.
(4)
No movable structure may be located closer to the
landward limit of a bluff than 25 feet.
(5)
No movable structure may be placed or constructed
such that, according to accepted engineering practice, its weight
places excessive groundloading on a bluff.
(6)
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.
(7)
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 30 days of the damaging
event.
(8)
Any grading, excavation or other soil disturbance
conducted within a structural hazard area must not direct surface
water runoff over a bluff face.
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. The following restrictions apply to regulated activities
in nearshore areas:
A.
Excavating, grading, mining or dredging, which diminishes
the erosion protection afforded by a nearshore area, 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.
B.
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.
C.
All development is prohibited in nearshore areas unless
specifically provided for by this chapter.
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. The following
restrictions apply to regulated activities in beach areas:
A.
Excavating, grading or mining which diminishes the
erosion protection afforded by beaches is prohibited.
B.
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.
C.
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.
D.
All development is prohibited on beaches unless specifically
provided for by this chapter.
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. The following
restrictions apply to regulated activities in dune areas:
A.
In primary dune areas:
(1)
Excavating, grading or mining of primary dunes is
prohibited. Moving sand on the same site so as to increase the size
of a dune and simultaneously preserve a residential structure in existence
on the effective date of this chapter is not prohibited, so long as
the protective features of the dune are maintained and a coastal erosion
management permit is obtained.
(2)
Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires a coastal
erosion management permit.
(3)
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.
(4)
Active and clearly potential nearby 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.
(5)
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.
(6)
Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the seaward
toe of primary dunes and must not interfere with the exchange of sand
between primary dunes and their fronting beaches.
(7)
[1]The construction, or reconstruction, without modification
of an existing structure that does not constitute a restoration shall
be permitted pursuant to a coastal erosion management permit.
[Added 11-8-1993 by L.L. No. 8-1993; amended 5-1-2008 by L.L. No. 6-2008; 4-7-2011 by L.L. No.
3-2011; 7-5-2011 by L.L. No. 7-2011]
[1]
Editor's Note: Former Subsection A(7), regarding elevation
of existing structures, was repealed 7-5-2011 by L.L. No. 7-2011.
This local law also provided for the redesignation of former Subsection
A(8) as A(7).
(8)
Major
additions and restorations are prohibited in a primary dune.
[Added 7-5-2011 by L.L. No. 7-2011]
B.
In secondary dune areas:
(1)
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.
(2)
Excavating, grading or mining must not diminish the
erosion protection afforded by them.
(3)
Nonmajor additions to existing structures are allowed
on secondary dunes pursuant to a coastal erosion management permit.
(4)
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 joints
and the surface of the secondary dune, and the permitted activity
must leave the space below the lowest horizontal structural members
free of obstructions.
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.
A.
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 construction of an erosion-protection structure
or for provision of shoreline access.
(3)
All development, unless specifically allowed under
this chapter.
(4)
Disturbance of active and clearly potential nearby
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.
B.
Activities specifically allowed under this section
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)
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 by 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, where there
is 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.
Motorized and nonmotorized traffic must comply
with the following restrictions:
A.
Motor vehicles must not travel on vegetation, must
operate seaward of the debris line and, when no debris line exists,
must operate seaward of the seaward toe of the primary dune or bluff.
B.
Motor vehicle traffic is prohibited on bluffs and
primary dunes, except for officially designated crossing areas.
C.
Pedestrian passage across primary and secondary dunes
must utilize elevated walkways and stairways or other specially designed
dune-crossing structures. Walking on or traversing any dunes or portions
thereof is prohibited, except as provided herein. Whenever possible,
the use of elevated walkways and stairways shall be common to multiple
parcels and residences. All said walkways and stairways shall require
a coastal erosion management permit.
[Amended 4-11-1997 by L.L. No. 5-1997]
A.
Applicability. The requirements of this chapter do
not apply to emergency activities that are necessary to protect public
health, safety or welfare, including preventing damage to natural
resources. Whenever emergency activities are undertaken, damage to
natural protective features and other natural resources must be prevented,
if possible, or minimized.
B.
Notification to administrator. The administrator must
be notified by the person responsible for taking the emergency measures
within one working day from the commencement of an emergency measure,
and a description of the problem and activities must be provided.
The description must be in writing, outline the public health or safety
or resource for which protection was sought and relate the measures
which were taken to secure the protection.
C.
Improper or insufficient notification. If the administrator
determines that a regulated activity has been undertaken without a
coastal erosion management permit and does not meet the emergency
activity criteria, then the administrator will order the immediate
cessation of the activity. In addition, the administrator may require:
A.
Variances from standards and restrictions.
(1)
Strict application of the standards and restrictions
of this chapter may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified, provided that the following criteria are met:
(a)
No reasonable, prudent, alternative site is
available.
(b)
All responsible means and measures to mitigate
adverse impacts on natural systems and their functions and values
have been incorporated into the activity's design at the property
owner's expense.
(c)
The development will be reasonably safe from
flood and erosion damage.
(d)
The variance requested is the minimum necessary
to overcome the practical difficulty or hardship which was the basis
for the requested variance.
(e)
Where public funds are utilized, the public
benefits must clearly outweigh the long-term adverse effects.
(2)
Format and procedure. Any request for a variance must
be in writing and specify the standard, restriction or requirement
to be varied and how the requested variance meets the foregoing criteria
of this section. The burden of demonstrating that the requested variance
meets those criteria rests entirely with the applicant.
(3)
Fees. Each variance request must be accompanied by
the fee otherwise imposed for a use variance.
(4)
Expiration. Any construction activity allowed by a
variance granted by the Zoning Board of Appeals must be completed
within one year from the date of approval or approval with modifications
or conditions. Variances expire at the end of this one-year period
without further hearing or action by the Zoning Board of Appeals.
B.
Appeals.
(1)
Zoning Board of Appeals. The Zoning Board of Appeals
has the authority to hear, approve, approve with modification or deny
requests for variances or other forms of relief from the requirements
of this chapter and to hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination
made by the administrator in the enforcement of this chapter, including
any order requiring an alleged violator to stop, cease and desist.
(2)
The Zoning Board of Appeals may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination of
the administrator, including stop or cease-and-desist orders. Notice
of such decision will forthwith be given to all parties in interest.
The rules and procedures for filing appeals are as follows:
(a)
Appeals must be filed with the Village Clerk
within 30 days of the date of the adverse decision.
(b)
All appeals under this chapter made to the Zoning
Board of Appeals must be in writing on standard forms prescribed by
the Board. The Board will transmit a copy to the Commissioner of the
New York State Department of Environmental Conservation for his information.
(c)
All appeals must refer to the specific provisions
of this chapter involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the appellant
claims.
(3)
Judicial review. Any person or persons, jointly or
severally aggrieved by a decision by the Zoning Board of Appeals or
subject to exhaustion of remedies hereunder, any officer or any board
of the Village may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
C.
Floodproofing
in a coastal hazard area. A variance may be granted for floodproofing
a lawfully preexisting building located in the coastal hazard area
by placing it on adequately anchored pilings, subject to the following
conditions:
[Added 7-5-2011 by L.L.
No. 7-2011]
(1)
No
reasonable, prudent alternative site is available.
(2)
The
building is raised either to the elevation required by FEMA guidelines
or such that at least three feet of open space exists between the
floor joists and the surface of the preexisting grade, whichever results
in the higher elevation.
(3)
The
space below the lowest horizontal structural members is left free
of obstruction.
(4)
The
building is not located further seaward after the floodproofing than
it was before floodproofing and, in any event, is not located seaward
of the crest of the primary dune.
(5)
The
dune is not excavated except to the minimum extent required to place
the pilings.
(6)
The
volume and cross-sectional area of the dune are not diminished as
a result of the project and the project includes restoration and/or
replenishment of the dune as may be required to meet this condition.
(7)
All
responsible means and measures to mitigate adverse impacts on natural
systems and their functions and values have been incorporated into
the activity's design at the property owner's expense.
(8)
The
development will be reasonably safe from flood and erosion damage.
(9)
The
variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for requesting it.
(10)
Where
public funds are utilized, the public benefits clearly outweigh the
long-term adverse effects of any proposed activities and development.
A.
Coastal erosion management permits. A coastal erosion
management permit will be issued for regulated activities which comply
with the general standards, restrictions and requirements of the applicable
sections of this chapter, provided that the following is adhered to:
(1)
The application for a coastal erosion management permit
must be made upon the form provided by the administrator and must
include the following minimum information:
(2)
Each application for a coastal erosion management
permit must be accompanied by a fee of $100.
(3)
Permits will be issued by and bear the name and signature
of the administrator and will specify the:
(a)
Activity or operation for which the permit is
issued.
(b)
Address or location where the activity or operation
is to be conducted.
(c)
Name and address of the permittee.
(d)
Permit number and date of issuance.
(e)
Period of permit validity. If not otherwise
specified, a permit will expire one year from the date of issuance.
(f)
Terms and conditions of the approval.
(4)
When more than one coastal erosion management permit
is required for the same property or premises under this chapter,
a single permit may be issued listing all activities permitted and
any conditions, restrictions or bonding requirements. Revocation of
a portion or portions of such consolidated permits will not invalidate
the remainder.
(5)
A coastal erosion management permit may be issued
with such terms and conditions as are necessary to ensure compliance
with the policies and provisions of Article 34 of the Environmental
Conservation Law, the Coastal Erosion Management Regulations implementing
Article 34 (6 NYCRR Part 505) and the laws and policies of the Village
of Westhampton Beach.
B.
Bonds. The Village may require a bond or other form
of financial security. Such bond or security must be in an amount,
with such surety and conditions as are satisfactory to the Village,
so as to insure compliance with the terms and conditions stated in
the erosion area permit.
C.
Administrator. The authority for administering and
enforcing this chapter is hereby conferred upon the Building Inspector,
who shall otherwise hereunder be described as the administrator. The
administrator has the powers and duties to:
(1)
Apply the regulations, restrictions and standards
or other provisions of this chapter.
(2)
Explain to applicants the map which designates the
land and water areas subject to regulation and advise applicants of
the standards, restrictions and requirements of this chapter.
(3)
Review and take appropriate actions on completed applications.
(4)
Issue and sign all approved permits.
(5)
Transmit written notice of violations to property
owners or to other responsible persons.
(6)
Prepare and submit reports.
(7)
Perform compliance inspections.
(8)
Serve as the primary liaison with the New York State
Department of Environmental Conservation.
(9)
Keep official records of all permits, inspections,
inspection reports, recommendations, actions of the Coastal Erosion
Hazard Board of Review and any other reports or communications relative
to this chapter or request for information from the New York State
Department of Environmental Conservation.
(10)
Perform normal and customary administrative functions
required by the Village relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York State Environmental Conservation Law,
6 NYCRR Part 505, and this chapter.
(11)
Have, in addition, powers and duties as are established
in, or reasonably implied from this chapter as are necessary to achieve
its stated purpose.
D.
When an application is made for a coastal erosion
management permit, a variance thereto or other form of approval required
by this chapter and such activity is subject to other permit, variance,
hearing or application procedures required by another federal, state
or local regulatory agency pursuant to any federal, state or local
law or ordinance, the Zoning Enforcement Officer shall, at the request
of the applicant, consolidate and coordinate the application, permit,
variance and hearing procedures as required by each regulatory agency
into a single, comprehensive hearing and review procedure. However,
nothing contained in this section shall be deemed to limit or restrict
any regulatory agencies, which are properly a party to such a consolidated
review proceeding, from the independent exercise of such discretionary
authority with respect to the issuance, denial or modification of
such permits, variances or other forms of approval as they may have
been granted by law.
[Added 3-10-1989 by L.L. No. 3-1989]
The provisions, regulations, procedures and
standards of this chapter will be held to be the minimum requirements
necessary to carry out the purposes of this chapter.
The provisions of this chapter will take precedence
over any other laws, ordinances or codes in effect in the Village
to the extent that the provisions of this chapter are more stringent
than such other laws, ordinances or codes. A coastal erosion management
permit issued pursuant to this chapter does not relieve the permit
applicant from the responsibility of obtaining other permits or approvals
as may be necessary, nor does it convey any rights or interest in
real property.
A violation of this chapter is hereby declared
to be an offense punishable by a fine not exceeding $250. Each week's
continued violation of this chapter will constitute a separate additional
violation. Nothing herein will prevent the proper local authorities
of the Village from taking such other lawful actions or proceedings
as may be necessary to restrain, correct or abate any violation of
this chapter.
[1]
Editor's Note: Former § 74-18, Incorporation,
added 11-8-1993 by L.L. No. 8-1993, was repealed 5-1-2008 by L.L.
No. 6-2008.
[Added 11-8-1993 by L.L. No. 8-1993]
If any section, subsection, subdivision, paragraph,
sentence, phrase, word or portion of this chapter is for any reason
held invalid by a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions or
provisions of this chapter.
