The coastal erosion hazard area is hereby established
to classify land and water areas within the Village of East Hampton,
based upon shoreline recession rates which have been computed by the
New York State Department of Environmental Conservation 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 East Hampton," 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.
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 East Hampton, as amended, without first
obtaining a coastal erosion management permit. No coastal erosion
management permit is required for unregulated activities.
A coastal erosion management permit will be
issued only with a finding by the administrator that the proposed
regulated activity:
A. Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion
at the proposed site and at other locations.
C. Prevents, if possible, or minimizes adverse effects
on natural protective features and their functions and protective
values, existing erosion protection structures and natural resources.
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 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 ground-loading 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 of East Hampton 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.
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 nearshore area is prohibited, except
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 expanded 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 New York State Department
of Environmental Conservation.
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
to 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.
(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 to 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 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 waterward
toe of primary dunes and must not interfere with the exchange of sand
between primary dunes and their fronting beaches.
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 piling 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.
C. All other activities and development in dune areas
are prohibited unless specifically provided for by this chapter.
D. The restrictions of §
101-15, Traffic control, apply to dune areas.
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.
(2) All development, unless specifically allowed by §
101-13B of this chapter.
(3) 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.
(4) Soil disturbance that directs surface water runoff
over a bluff face.
B. The restrictions of §
101-15, Traffic control, apply to bluffs.
C. 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)
The cut is made in a direction perpendicular
to the shoreline.
(b)
The ramp slope may not exceed 1:6.
(c)
The side slopes may not exceed 1:3 unless terraced
or otherwise structurally stabilized.
(d)
The 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 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 of 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 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. Pedestrian passage across primary dunes must utilize
elevated walkways and stairways or other specially designed dune-crossing
structures.