[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.]
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.
