The Board of Trustees of the Village of Ocean
Beach finds that extraordinary measures are required to protect the
public health, safety and welfare in the area immediately adjacent
to the Atlantic Ocean. Because of its vulnerability to flooding, erosion
and possible destruction by high winds and hurricanes, this area is
not suitable for residential construction. In keeping with the General
Management Plan of the Fire Island National Seashore designating a
Dune Development District, federal flood hazard legislation and the
objectives of the Village of Ocean Beach, these special regulations
are hereby enacted.
[Amended 3-5-1983 by L.L. No. 4-1983; 4-14-1984 by L.L. No.
3-1984]
The Dune District shall consist of all lots
that are within or on the Dune District boundary line shown as such
on the amended Zoning Map of the Village of Ocean Beach. The southerly
boundary line shall be the mean low tide line, and the northerly boundary
line shall be 40 feet landward of the primary natural high dune crest.
Where breaches exist in the dune form, a line has been established
that represents the general trend in the dune crest and delineates
a zone of dynamic dune formation. This district is also based upon
the Federal Flood Insurance Administration Flood Hazard Boundary Map
Zone V-7 (areas of special flood hazard, with velocity, that are inundated
by tidal floods) and the Dune District boundary as defined and mapped
by the Fire Island National Seashore. The natural high dune crest
line shall be confirmed by a licensed surveyor and so indicated on
a plot survey attached to an application for a building permit and
shall reflect the physical location of the crest of the high dune
as of the date of such survey. If there is a conflict at the time
of application concerning the location of the high dune crest among
the surveyed line, the Zone V-7, Village Oceanfront Dune District
and the Fire Island National Seashore Dune District, the most northerly
line shall govern.
No structure shall be erected or used or occupied
by any person except as an elevated pedestrian dune crossing or a
fence of a type approved by the Board of Trustees which is designed
to hold or increase the dune. The purpose of this restriction is to
preserve the ecology of the dunes and grasses and by doing so to safeguard
life and property in the Village of Ocean Beach.
[Amended 9-15-1979 by L.L. No. 5-1979]
Existing uses within the Oceanfront DD Dune
District shall not be expanded. In the event that a natural disaster
or other cause destroys any existing structure within the Oceanfront
DD Dune District, reconstruction of any structure so destroyed may
be made subject to the provisions of the Zoning Law and Building Code and the approval of the Fire Island National Seashore.