Village of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 4-18-1969 (Ch. 14 of the 1971 Code); amended in its entirety 10-22-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 77.
Environmental quality review — See Ch. 133.
Flood damage prevention — See Ch. 160.
Freshwater wetlands — See Ch. 163.
Subdivision of land — See Ch. 252.
Zoning — See Ch. 278.
A. 
Along the southerly boundary of the Incorporated Village of East Hampton between its westerly boundary and the westerly side of Old Beach Lane, the following restrictions shall apply:
(1) 
Every building and structure shall be located a minimum of 100 feet from a natural contour line nearest to mean high water and representing a natural elevation of 15 feet above mean high water. If not already existent, the height of the dunes at said point of construction shall be increased to a minimum elevation of 15 feet across the entire width of the lot along the ocean frontage, throughout the depth of the building or structure, by the addition of beach sand and the planting of beach grass and fencing in a manner which meets with the approval of the Village Code Enforcement Officer. At no time shall fill be taken from the area between the fifteen-foot contour line and the Atlantic Ocean to accomplish this requirement. For the purpose of this section, the mean high-water line shall be that line which marks the southerly edge of beach grass along the ocean beach.
(2) 
There shall be no disturbance of the area lying within 150 feet of the southerly edge of the beach grass along the Atlantic Ocean, including but not limited to:
(a) 
No clearing or grading of land.
(b) 
No digging, dredging, or excavating of land, or depositing fill or other material upon land, except for the placement of beach-compatible sand.
[Amended 8-15-2014 by L.L. No. 16-2014]
(c) 
No building, constructing, erecting, reconstructing, enlarging, altering, or placing any structure or other improvement whatever in or upon land, except for elevated walkways constructed solely for pedestrian use and built by a property owner for the sole purpose of providing noncommercial pedestrian access to the beach.
[Amended 8-15-2014 by L.L. No. 16-2014]
(d) 
No clearing, removing, uprooting, burying, or otherwise damaging any vegetation, or replacing same with lawn, sod, or turf. This section shall not be deemed to include the planting of beach vegetation (i.e., beach grass) in a manner which does not disturb existing vegetation.
[Amended 8-15-2014 by L.L. No. 16-2014]
B. 
Along the southerly boundary of the Incorporated Village of East Hampton between the easterly side of Old Beach Lane and the easterly boundary of the Incorporated Village of East Hampton, the following restrictions shall apply:
(1) 
Every building and structure shall be located a minimum of 25 feet northerly of the twenty-foot contour line which runs continuously between said easterly side of Old Beach Lane and the easterly boundary of the Incorporated Village of East Hampton.
(2) 
There shall be no disturbance of the area lying between the twenty-foot contour line and the Atlantic Ocean, including but not limited to:
(a) 
No clearing or grading of land.
(b) 
No digging, dredging, or excavating of land, or depositing fill or other material upon land, except for the placement of beach-compatible sand.
[Amended 8-15-2014 by L.L. No. 16-2014]
(c) 
No building, constructing, erecting, reconstructing, enlarging, altering, or placing any structure or other improvement whatever in or upon land, except for elevated walkways constructed solely for pedestrian use and built by a property owner for the sole purpose of providing noncommercial pedestrian access to the beach.
[Amended 8-15-2014 by L.L. No. 16-2014]
(d) 
No clearing, removing, uprooting, burying, or otherwise damaging any vegetation, or replacing same with lawn, sod, or turf. This section shall not be deemed to include the planting of beach vegetation (i.e., beach grass) in a manner which does not disturb existing vegetation.
[Amended 8-15-2014 by L.L. No. 16-2014]
In any case where doubt exists as to the location of either the fifteen-foot contour crestline of the dune or the twenty-foot contour crestline of the dune, the Code Enforcement Officer or the property owner may apply to the Zoning Board of Appeals for its determination of the location of said line.
Every application for a permit to build on a lot fronting on the Atlantic Ocean where, under the provisions of this chapter, the minimum required elevation is either 15 feet above mean high water or 20 feet above mean high water shall be accompanied by a two-foot-interval contour map of the lot involved.
Where a structure, activity or use is subject to one or more requirements under various provisions of this Code, it shall comply with each such applicable requirement.
Where there are practical difficulties or unique hardships in the way of carrying out the strict letter of this chapter, the property owner may bring an application for a variance before the Zoning Board of Appeals pursuant to § 278-7 of the Code of the Village of East Hampton.
A. 
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $1,000 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.
B. 
In addition, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken by the Village of East Hampton to prevent unlawful erection, construction, reconstruction, alteration, repair, or conversion of any structure or any disturbance to any lot or land or any activity in violation of this chapter being undertaken or carried out therein or thereon; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct of business, trade or use in or about such premises.