[Amended 12-11-2012 by L.L. No. 15-2012]
The coastal erosion hazard area is hereby established
to classify land and water areas within the Town of Southampton, based
upon shoreline recession rates or the location of natural protective
features. The boundaries of the erosion hazard 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 Town of Southampton," 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.
A.
No person may engage in any regulated activity in
an erosion hazard area as depicted on the Coastal Erosion Hazard Area
Map of the Town of Southampton, as amended, without first obtaining
a coastal erosion management permit. No coastal erosion management
permit is required for unregulated activities.
[Amended 12-11-2012 by L.L. No. 15-2012]
B.
All regulated activity in an erosion hazard area must
comply with the applicable provisions of this chapter.
[Amended 12-11-2012 by L.L. No. 15-2012]
C.
The requirements of this chapter shall supplement the zoning regulations of the underlying district. If there is a conflict between the requirements of this chapter and the underlying zoning regulations, the provisions of this Chapter 138 shall apply and shall supersede the underlying zoning regulations.
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; and
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,
including, but not limited to, significant fish and wildlife habitats.
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 lawfully preexisting 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 groundloading 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 signatory 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 Town 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.
A.
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.
B.
The following restrictions apply to regulated activities
in nearshore areas:
(1)
Excavating, grading, mining or dredging which diminishes
the erosion protection afforded by nearshore areas is prohibited,
except construction or maintenance of navigation channels, bypassing
sand around natural and man-made obstructions and artificial beach
nourishment, all of which require a coastal erosion management permit.
(2)
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.
(3)
All development is prohibited in nearshore areas unless
specifically provided for by this chapter.
A.
Beaches buffer shorelands from erosion by absorbing
wave energy that otherwise would be expended 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.
B.
The following restrictions apply to regulated activities
in beach areas:
(1)
Excavating, grading or mining which diminishes the
erosion protection afforded by beaches is prohibited.
(2)
Coastal restoration projects are allowed pursuant
to a coastal erosion management permit, which may be issued only for
expansion or stabilization of beaches. Clean sand or gravel of an
equivalent or slightly larger grain size is the only material that
may be deposited within beach areas.
(3)
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 of Environmental
Conservation.
(4)
All development is prohibited on beaches unless specifically
provided for by this chapter.
A.
Dunes prevent overtopping and store sand for coastal
processes. High, vegetated dunes provide a greater degree of 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 native vegetation on the dunes
and assurance of a supply of nourishment sand to the dunes.
B.
The following restrictions apply to regulated activities
in dune areas:
(1)
In primary dune areas:
(a)
Excavating, grading or mining of primary dunes
is prohibited.
(b)
Coastal restoration projects are allowed pursuant
to a coastal erosion management permit. Clean sand of a compatible
type and size is the only material which may be deposited.
(c)
All depositions must be vegetatively stabilized
using native vegetation (maritime beach and dune vegetation) species
tolerant of the conditions at the site and must be placed so as to
increase the size of or restore a dune or dune area.
(d)
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 NYS Department
of Environmental Conservation.
(e)
Non-major additions to the principal structure of lawfully preexisting nonconforming single-family residences that comply with the provisions of § 138-17D are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impact of the structure on the primary dune. The cumulative total of the ground coverage of such non-major additions must be less than 25% of the ground coverage of the lawfully preexisting residence, calculated in accordance with the definition of "major addition" in § 138-5.
(2)
In secondary dune areas:
(a)
Coastal restoration projects are allowed pursuant
to a coastal erosion management permit. 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.
(b)
Excavating, grading or mining must not diminish
the erosion protection afforded by them.
(c)
Non-major additions to the principal structure of lawfully preexisting nonconforming single-family residences that comply with the provisions of § 138-17D are allowed on secondary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impact of the structure on the secondary dune. The cumulative total of the ground coverage of such non-major additions must be less than 25% of the ground coverage of the lawfully preexisting residence, calculated in accordance with the definition of "major addition" in § 138-5.
(d)
Permitted construction, reconstruction, restoration
or modifications must be built on adequately anchored pilings such
that at least three feet of open space exists between the floor joists
and the surface of the secondary dune, and the permitted activity
must leave the space below the lowest horizontal structural members
free of obstruction.
(3)
Elevated walkways or accessways (including stairways)
constructed solely for pedestrian use and built by an individual property
owner for the limited purpose of providing noncommercial access to
the beach, which have not received a Trustee permit, are allowed on
primary and secondary dunes pursuant to a coastal erosion management
permit, provided that:
(a)
They are designed and constructed in a manner
which results in negligible alteration of the dune or dune vegetation;
(b)
They cannot exceed four feet in width and must
be raised on posts or pilings at least two feet above existing grade;
(c)
In no case shall a walkway or accessway be permitted
if the Administrator finds that it will diminish the dune's role as
a natural protective barrier against flooding and erosion; and
(d)
Any areas of vegetation that are disturbed in
the construction of the walkway or accessway must be revegetated with
beach grass and/or other appropriate native vegetation, as soon as
possible.
(4)
All other activities and development in dune areas
are prohibited unless specifically provided for by this chapter.
A.
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.
B.
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.
(3)
All development unless specifically allowed by this
section.
(4)
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 of Environmental Conservation
of the State of New York or any other authorized regulatory agency.
(5)
Soil disturbance that directs surface water runoff
over a bluff face.
C.
Activities specifically allowed under this section
are:
(1)
Coastal restoration projects are allowed pursuant
to a coastal erosion management permit.
(2)
Bluff cuts done in accordance with conditions stated
in a coastal erosion management permit issued for the provision of
shoreline access, where:
(a)
Cuts are made in a direction perpendicular to
the shoreline.
(b)
Ramp slopes may not exceed one to six.
(c)
Side slopes may not exceed one to three unless
terraced or otherwise structurally stabilized.
(d)
Side slopes and other disturbed nonroadway areas
must be stabilized with native vegetation or other approved physical
means.
(e)
Completed roadways must be stabilized and drainage
provided for.
(3)
Elevated walkways or accessways (including stairways)
constructed solely for pedestrian use and built by an individual property
owner for the limited purpose of providing noncommercial access to
the beach, which have not received a Trustee permit, are allowed on
bluffs pursuant to a coastal erosion management permit, provided that:
(a)
They are designed and constructed in a manner
which results in negligible destabilization of the bluff or diminution
of the bluff's protective value;
(b)
They cannot exceed four feet in width and must
be raised on posts or pilings at least two feet above existing grade;
(c)
In no case shall a walkway or accessway be permitted
if the Administrator finds that it will diminish the bluff's role
as a natural protective barrier against flooding and erosion; and
(d)
Any areas of vegetation that are disturbed in
the construction of the walkway or accessway must be revegetated with
beach grass and/or other appropriate native vegetation, as soon as
possible.
(4)
Non-major additions to the principal structure of lawfully preexisting nonconforming single-family residences that comply with the provisions of § 138-17D are allowed on bluffs pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impact of the structure on the bluff. The cumulative total of the ground coverage of such non-major additions must be less than 25% of the ground coverage of the lawfully preexisting residence, calculated in accordance with the definition of "major addition" in § 138-5.
A.
Except as allowed pursuant to Article III, "Emergency Activities, of this chapter, neither construction of new erosion protection structures nor reconstruction or modification of lawfully preexisting erosion protection structures is allowed in any erosion hazard area.
[Amended 12-11-2012 by L.L. No. 15-2012]
B.
Normal maintenance and repair of a lawfully preexisting
erosion protection structure and artificial beach nourishment are
regulated activities that are allowed pursuant to a coastal erosion
management permit.
C.
The following requirements apply to artificial beach
nourishment and the normal maintenance of existing erosion protection
structures and to the construction, modification or reconstruction
of erosion protection structures where such is permitted by variance
in accordance with this chapter:
(1)
Beach nourishment projects and the construction, modification
or restoration of erosion protection structures must:
(a)
Not be likely to cause a measurable increase
in erosion at the development site or at other locations.
(b)
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.
(2)
All erosion protection structures and beach nourishment
projects 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.
(3)
All materials used in such structures and projects
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 the required
30 years of erosion protection.
(4)
A long-term maintenance program must be included with
every permit application for construction, modification or restoration
of an erosion protection structure or beach nourishment project. The
maintenance program must include specifications for normal maintenance
of degradable materials. To assure compliance with the proposed maintenance
program, a bond may be required.
The following provisions shall apply to and
govern all nonconforming buildings and structures, including preexisting
erosion protection structures:
A.
Alteration or enlargement of nonconforming structures, generally. Subject to the limitations set forth in § 138-17C and the provisions regarding non-major additions set forth in § 138-17D, a lawfully preexisting nonconforming building or structure or a building or structure which lawfully exists on a nonconforming lot may be enlarged, altered, reconstructed or repaired, provided that the degree of nonconformity is not thereby increased. For the purposes of this subsection, an increase in the degree of nonconformity shall include any increase in the amount of a nonconforming building's or structure's gross floor area which is located within a required setback area, or an increase in any portion of a building or structure located above the maximum height permitted or within the required pyramid law setback.
B.
Rule governing nonconforming uses. The provisions of § 138-17A do not apply to a building or structure which is used by a nonconforming use. The enlargement or reconstruction of a building or structure used by a nonconforming use is prohibited unless the use is changed to a conforming use.
C.
Limitations on reconstruction. Reconstruction of a
nonconforming building or structure shall be limited as follows:
[Amended 12-11-2012 by L.L. No. 15-2012]
(1)
Reconstruction of a nonconforming building or structure
is prohibited within an erosion hazard area, i.e., seaward of the
erosion hazard area limit line. If a building or structure located
wholly or partly in an erosion hazard area requires reconstruction,
it must be relocated, redesigned and/or reengineered to meet all setbacks,
structural and other requirements of this chapter.
(2)
Reconstruction, modification or alteration of erosion
protection structures is prohibited.
D.
Additions to nonconforming, lawfully preexisting principal residences that are allowed pursuant to § 138-12B(1)(e) and § 138-12B(2)(c) must comply with the following conditions:
[Amended 12-11-2012 by L.L. No. 15-2012]
(1)
Any addition or expansion may not be located seaward
of the preexisting nonconforming structure.
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.
