Pursuant to and as required by the provisions
of Article 34 of the New York State Environmental Conservation Law
and § 10 of the Municipal Home Rule Law, the Village of
East Hampton, County of Suffolk, State of New York, hereby enacts,
by Local Law No. 3 of 1989, this chapter.
This chapter shall be known and may be cited
as the "Village of East Hampton Coastal Erosion Hazard Area Law."
The Village of East Hampton hereby assumes the
responsibility and authority to implement and administer a coastal
erosion management program within its jurisdiction pursuant to Article
34 of 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 East Hampton finds that the coastal
erosion hazard area:
A. According to the findings of the New York State Department
of Environmental Conservation, is prone to erosion from 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
areas are 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. According to the findings of the New York State Department
of Environmental Conservation, 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 of East Hampton 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 replacement of essential public facilities
and services.
C. According to the findings of the New York State Department
of Environmental Conservation, 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, as used in this chapter,
shall have the meanings indicated, unless the context clearly requires
otherwise:
ADMINISTRATOR
The Village of East Hampton's Building Inspector, who shall be responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in §
101-28.
BEACH
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."
BLUFF
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.)
COASTAL EROSION HAZARD AREA MAP
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.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
DUNE
A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.
EROSION
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 or groundwaters
or groundwater seepage.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area
or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion,
such as a groin, jetty, revetment, breakwater or artificial beach
nourishment project.
EXISTING STRUCTURE
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.
GRADING
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION
Any addition to a structure resulting in an increase in the
ground area coverage of the structure other than an erosion protection
structure.
[Amended 7-31-1997 by L.L. No. 15-1997]
MEAN LOW WATER
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.
MODIFICATION
The reconstruction or renovation of a structure which introduces
new architectural elements to the structure and is not an in-kind
replacement of the existing elements of the structure. Modifications
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 and the total construction costs will not exceed
50% of the estimated full-replacement cost of the structure at the
time of the modification.
[Added 7-31-1997 by L.L. No. 15-1997]
MOVABLE STRUCTURE
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."
NATURAL PROTECTIVE FEATURE AREA
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.
NEARSHORE AREA
Those lands underwater 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.
NORMAL MAINTENANCE
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.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
PRIMARY DUNE
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.
RECEDING RATE
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.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
REGULATED ACTIVITY
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, excavation, dumping, mining, dredging, filling or other disturbance
of soil.
RESTORATION
The reconstruction without 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 restoration.
[Amended 7-31-1997 by L.L. No. 15-1997]
SAND FENCING
Fencing constructed of untreated wood laths or slats constructed
of spruce, pine, fir, locust, cedar or other wood of similar life
and strength, connected to one another by five or more twisted wires
(until such time as an alternative is available that is degradable
and/or more environmentally sensitive), and no more than four feet
in height, supported by untreated wooden (no metal or plastic) posts
of not less than two inches by three inches in dimension and at least
six feet in length, which shall be driven into the sand so that the
top of the posts are no higher than the top of the fencing. Such posts
shall be spaced no more than every 10 feet of fence length. Fencing
shall be secured to the posts by no less than two heavy-duty (at least
150 pounds tensile strength), UV-resistant, plastic zip ties.
[Added 7-31-2012 by L.L.
No. 20-2012]
SECONDARY DUNE
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.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which:
A.
Are essential to the survival of a large portion
of a particular fish or wildlife population;
B.
Support rare or endangered species;
C.
Are found at a very low frequency within a geographic
area;
D.
Support fish or wildlife populations having
significant commercial or recreational value; or
E.
Would be difficult or impossible to replace.
STRUCTURAL HAZARD AREA
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.
STRUCTURE
Any object constructed, installed or placed in, on or under
land or water, including but not limited to:
A.
A building, permanent shed or deck;
B.
In-ground or aboveground pool;
F.
Public service distribution, transmission or
collection system;
P.
Artificial beach nourishment; or
Q.
Any addition to or alteration of the same.
TOE
The lowest surface point on a slope face of a dune or bluff.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter,
including but 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 pedestrian access
to the beach; 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; 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.
VEGETATION
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.