[Added 12-11-2012 by L.L. No. 16-2012[1]]
[1]
Editor's Note: This local law also repealed former Art. IX,
Tidal Floodplain Overlay District, as amended.
The purpose of this article shall be 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, which includes
native vegetation.
B.
Regulate, in coastal adjacent 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, preserve public access and use
of the beaches, 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 impact
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
and reduce interference with natural processes that affect those features
and resources.
D.
Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in erosion
hazard adjacent areas.
E.
Eliminate the construction of new, and the replacement or reconstruction
of existing, erosion protection structures in coastal adjacent areas
and regulate the normal maintenance and repair of existing erosion
protection structures or structures allowed pursuant to a variance
to assure that 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 Town of Southampton finds that the coastal erosion hazard
adjacent areas:
A.
Are prone to erosion from the 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.
Experience 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 Town 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.
Experience 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, by building structures intended
for erosion prevention which may exacerbate erosion conditions on
adjacent or nearby property and by water action produced by wakes
from boats.
The terms used in this article shall have the meanings indicated and described in Town Code Chapter 138, Coastal Erosion Hazard Areas. The following additional terms shall have the meanings indicated, unless the context clearly requires otherwise:
All lands lying between the erosion hazard area limit line
and, west of the Shinnecock Inlet, the first inland street from the
ocean (Dune Road); or, east of Shinnecock Inlet, the inland boundary
of the shoreline lot or 400 feet landward of the erosion hazard area
limit line, whichever is more seaward.
The coastal erosion hazard adjacent 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 erosion hazard adjacent area extends from the landward limit of the erosion hazard area, further described in Chapter 138 herein, to either: west of the Shinnecock Inlet, the first inland street from the ocean (Dune Road); or, east of Shinnecock Inlet, the inland boundary of the shoreline lot or 400 feet landward of the limit line, whichever is more seaward.
A.
No person may engage in any regulated activity in an erosion hazard
adjacent area without first obtaining a coastal erosion management
permit. No coastal erosion management permit is required for unregulated
activities.
B.
All regulated activity in an erosion hazard adjacent area must comply
with the applicable provisions of this chapter.
C.
The requirements of this article shall supplement the zoning regulations
of the underlying district. If there is a conflict between the requirements
of this article and the underlying zoning regulations, the provisions
of this article 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.
A.
Sound location and siting of buildings are important factors in the
ability of a building to withstand a flooding or erosion event with
little or no damage. Poorly sited structures along the Atlantic Ocean,
including building as far seaward as possible, as well as building
too close to other buildings, may present increased risk of loss of
life and property, increased building vulnerability and damage, increased
potential for eventual encroachment loss, and damage to the public
beach area, increased risk of degradation to the ecological conditions
and natural protective features of the Atlantic coastline, beaches,
dunes, barriers and headlands, increased potential for higher public
costs of erosion control, storm protection, disaster relief, and provision
of public services such as water, and increased difficulty and expense
of relocation in the event of future shoreline loss. This section
sets forth standards for development, including location and siting
of buildings and structures, that are designed to protect the natural
protective features of the Town's Atlantic coastline, while reducing
or eliminating threats to life and destruction of property, as well
as post-storm disaster expenses and recovery costs.
B.
All residential development in an adjacent area shall be in conformance
with the minimum location and siting standards set forth in this article,
including, among others, the following:
(1)
Siting a building as far seaward as possible may increase building
vulnerability, damage to the building, and encroachment within dunes
and beach. Conversely, siting a building farther landward than required
by the minimum setbacks, and designing a building so it can be easily
relocated, reduces the risk of storm damage, as it allows for the
natural episodic cycle of dune building and storm erosion to occur
without jeopardizing the building itself. Siting a building as far
landward as possible also provides greater protection for natural
protective features, including beaches, bluffs and dunes, and allows
more space seaward to restore, construct and maintain a viable dune.
Consequently, in all adjacent areas, all new and replaced buildings
(both principal and accessory structures) shall be set back no less
than 125 feet inland from the crest of any and all ocean beach dunes.
(2)
To encourage building as far landward as possible, the Administrator
shall reduce the required front yard setback to 30 feet, measured
from an existing street or property northerly line paralleling the
ocean. In cases where the Administrator makes such a reduction in
connection with the reconstruction of a structure destroyed or damaged
by accidental cause (including flooding or erosion) and if the principal
building to be reconstructed is sited at the reduced thirty-foot front
yard setback, the Administrator shall also reduce the dune crest setback
to the extent necessary, but not to less than 100 feet, to allow the
reconstruction. Any reduction of the dune crest setback to less than
100 feet in such situations requires a variance.
(3)
The Administrator shall reduce the required dune setback to
100 feet inland from the crest of any and all ocean beach dunes:
(a)
In the event that either the approving authority under Chapter 325, Wetlands, of the Town Code has authorized a wetlands permit with relief from the minimum wetlands setbacks for a principal or accessory building, or the building envelope for a principal or accessory building is reduced in size because of the presence of wetlands on site or nearby; or
(b)
Where preexisting buildings or accessory structures are relocated
out of the hazard area to the adjacent area with an increase in ground
coverage area (including decks and porches) no greater than 25%, except
where such relocation is in connection with the reconstruction of
buildings and structures that have been destroyed or seriously damaged
by flooding or erosion.
(4)
Building close to other structures may increase the potential
of damage from flood, wind, debris and erosion hazards. Dense development
can redirect and concentrate flood, wave and wind forces, increasing
scour, erosion and windborne and wave-driven debris damage to buildings.
Consequently:
(a)
The total required side yard for both side yards of a proposed
principal building (including attached decking and porches) shall,
at a minimum, constitute 40% of the lot width, but no more than 100
feet, in the adjacent area; and
(b)
The minimum side yard for the principal building (including
attached decking and porches) for each side shall be the lesser of
20% of lot width or 20 feet; provided that, where an owner of an oceanfront
lot has permanently prohibited all private development on a vacant
adjacent lot by means such as, without limitation, transfer to the
Town or a recognized not-for-profit land preservation organization
or by recorded easement, covenant or the like in form satisfactory
to the Town Attorney, the minimum side yard setback from the boundary
with such transferred or vacant lot shall be 10 feet.
C.
Established easements, accessways or roads held by the Trustees of
the Freeholders and Commonalty of the Town of Southampton and/or other
statutory public rights of access to and use of public trust lands
and waters in the erosion hazard area and the adjacent area shall
not be eliminated or restricted. Development shall not encroach upon
public accessways, nor shall it limit the intended use of the accessways.
D.
Additions to the principal structure of lawfully preexisting nonconforming single-family residences that comply with the provisions of Town Code § 138-17D are allowed in the adjacent area pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure, provided that the cumulative total of the ground coverage of such additions, calculated in accordance with the definition of "major addition" in Town Code § 138-5:
(1)
Shall be less than 25% of the ground coverage of the lawfully
preexisting residence; or
(2)
Shall be less than 50% of the ground coverage of the lawfully
preexisting residence where the owner of an oceanfront lot has permanently
prohibited all private development on a vacant adjacent lot by means
such as, without limitation, by transfer to the Town or a recognized
not-for-profit land preservation organization or by recorded easement,
covenant or the like in form satisfactory to the Town Attorney.
E.
Floodproofing a lawfully preexisting nonconforming building located
in the adjacent area by placing it on adequately anchored pilings
at the elevation required by FEMA guidelines or such that at least
three feet of open space exists between the floor joists and the surface
of the preexisting grade, whichever results in the higher elevation,
and leaving the space below the lowest horizontal structural members
free of obstruction is allowed pursuant to a coastal erosion management
permit. The building may not be located more seaward after the floodproofing
than it was before. Floodproofing does not constitute reconstruction
even if it costs more than 50% of the full replacement cost of the
structure.
F.
Development proposals shall incorporate all reasonable means and
measures to avoid and or minimize adverse impacts to natural resources.
G.
Prior to the issuance of any building permits or development approvals
in an adjacent area, there shall be a written acknowledgement from
the applicant and landowner that the applicant and landowner are aware
of the risks associated with development in this hazardous area and
the limited suitability of this area for permanent structures.
Native vegetation is unique and extremely important to preservation
of the coastline. Beach grass and other native plants protect and
stabilize beaches and dunes. These maritime dune communities are sheltered
on the back side by a mosaic of maritime shrubland and wetland communities,
which together provide essential shelter, nesting habitat, and a rich
food resource for resident and migratory wildlife, including rare,
threatened or endangered species. Maintenance and enhancement of the
continued ecological integrity of the beach, dune, shrubland, heathland
and wetland vegetation is essential to the preservation of the essential
character and natural and scenic values of the coastline. Therefore,
all regulated activities and development in the erosion hazard area
and the erosion hazard adjacent area (collectively and severally,
"erosion areas") shall comply with the following conditions:
A.
For residential lots and tracts, the total area of clearing or other
disturbance of natural vegetation or natural grades ("site disturbance")
shall not exceed the greater of the area preexisting the 2003 amendments;
or the greater of the following area in square feet or percentages
of total lot size:
|
Lot Size
(square feet)
|
Maximum Disturbance Greater of:
|
|---|---|
|
1 to 15,000
|
50% of lot
|
|
15,001 to 30,000
|
7,500 square feet or 40% of lot
|
|
30,001 to 60,000
|
12,000 square feet or 35% of lot
|
|
60,001 to 90,000
|
21,000 square feet or 25% of lot
|
|
90,001 to 140,000
|
22,500 square feet or 20% of lot
|
|
140,001 to 200,000
|
28,000 square feet or 15% of lot
|
|
200,001 or greater
|
30,000 square feet or 10% of lot
|
B.
Landscaping within the approved site disturbance area shall be at
the discretion of the owner or occupant and not subject to regulation
under this chapter. At the request of the Administrator, the owner
shall deliver a survey by a licensed surveyor identifying the limits
of site disturbance and the amount and percentage of the lot cleared
or disturbed.
C.
For purposes of these clearing limitations, the terms "lot," "tract"
and "lot size" mean that portion of a lot or tract (which may be the
entire lot or tract) located within the erosion hazard area and adjacent
area.
D.
Where two residential parcels are merged in the same name and title after the effective date of the original enactment of this chapter (December 1989) and contain only one single-family residence, the maximum allowable site disturbance shall not exceed 1 1/2 times the amount set forth in § 330-46.3A above.
E.
For nonresidential lots or tracts proposed for development, the amount
of site disturbance shall not exceed 50% of the area of the lot or
tract.
F.
Structural pedestrian walkways or accessways over dunes or bluffs
and permeable driveways located landward of the applicable dune setback
line shall be excluded from site disturbance calculations.
G.
Any and all applications for a coastal erosion management permit
or building permit within the erosion hazard area or the adjacent
area shall include native revegetation and restoration measures sufficient
to meet the standards set forth below:
(1)
The limits of site disturbance shall be identified.
(2)
The applicant for a permit shall have the proposed building
and/or structure and the areas to be disturbed staked by a licensed
surveyor in accordance with the survey. In addition, stakes shall
be installed marking the perimeter of the area to be disturbed.
(3)
Each application for development shall include a revegetation and restoration plan, which utilizes native vegetation and which revegetates and restores areas that are temporarily cleared or disturbed beyond the limits set forth in § 330-46.3A during development activities, or are required to be revegetated pursuant to Town Code § 138-17D in connection with a permitted expansion of a lawfully preexisting nonconforming principal residence.
(4)
Revegetation and restoration shall, to the maximum extent possible,
result in the reestablishment of the native vegetation association
which existed prior to site disturbance.
(5)
Native vegetation authorized and approved by the Chief Environmental
Analyst shall be used for revegetation and restoration purposes.
H.
The provisions of this section do not apply where the natural vegetation
on a lot or tract has been substantially disturbed as a result of
agricultural land uses prior to the effective date of the 2003 amendments;
provided that such previously disturbed lands (or any portions thereof)
that are left to revert to natural vegetation for a period of five
years shall be subject to the provisions of this section.
A.
Except as allowed pursuant to "emergency activities" of this article,[1] neither construction of new erosion protection structures
nor reconstruction or modification of lawfully preexisting erosion
protection structures is allowed in any erosion hazard adjacent area.
B.
Normal maintenance and repair of a lawfully preexisting erosion protection
structure and artificial beach nourishment are regulated activities
which may be 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:
(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 § 330-46.5C and the provisions regarding non-major additions set forth in § 330-46.5D, 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 § 330-46.5A 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:
(1)
Reconstruction of a nonconforming building or structure in an
erosion hazard adjacent area shall require a coastal erosion management
permit and shall be allowed only for buildings or structures which
have been destroyed or seriously damaged by accidental cause, such
as fire, but such "accidental cause" shall not include damage or destruction
which results from flooding or erosion; provided, however, that where,
prior to the 2003 amendments, a principal residence or accessory structure
was lawfully relocated from the erosion hazard area to the erosion
hazard adjacent area and is nonconforming with respect to setbacks
under this chapter, it may be reconstructed at its nonconforming location
if it is damaged or destroyed by flooding or erosion.
(2)
A non-major addition in the adjacent area shall not be prohibited on the grounds that it constitutes a "reconstruction," as defined in Chapter 138, because the cost exceeds 50% of the cost of rebuilding the preexisting structure in conformance with current building requirements.
(3)
Reconstruction, modification or alteration of erosion protection
structures is prohibited.
D.
Additions to nonconforming, lawfully preexisting principal residences that are allowed pursuant to Town Code § 138-12B(1)(e) and Town Code § 138-12B(2)(c) must comply with the following conditions:
(1)
Any addition or expansion may not be located seaward of the
preexisting nonconforming structure and must meet the adjacent area
side yard requirements for new construction; and
(2)
Any addition or expansion that results in a violation of the site disturbance limitations in § 330-46.3A, or in any increase to preexisting nonconforming site disturbance, must provide for revegetation in accordance with § 330-46.3G to remove the violation or reduce the nonconforming site disturbance to the amount that existed before the addition.
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.
A.
The requirements of this section shall apply to emergency activities
that are immediately necessary to protect the public health, safety
or welfare, including preventing damage to natural resources or to
protect publicly owned or privately owned buildings and structures
from major structural damage. Whenever emergency activities are undertaken,
damage to natural protective features and other natural resources
must be prevented, if possible, or minimized. For the purposes of
this section, emergency activities are those proposed actions designed
to protect buildings and structures from major structural damage,
if those buildings are in imminent peril of incurring such damage
because of flooding or erosion, or designed to prevent a structural
failure of all or part of a building or structure which has already
incurred major structural damage because of flooding or erosion, without
which such buildings and structures may suffer such further failure
as may cause such failed buildings and/or structures (or portions
thereof) to exacerbate erosion, increase scouring, battering and/or
scraping action and/or damage to other buildings, structures and natural
or man-made protective features by water- or windborne remnants and
debris from such failed buildings and/or structures.
B.
Emergency activities shall be limited to the following actions:
(1)
Moving a building or other structure to a location which is
landward of its existing location;
(2)
Making temporary alterations to the building or structure to
prevent or ameliorate a structural failure of all or part of the building
or structure;
(3)
Depositing sand fill seaward of the building or structure; or
(4)
Installing a geotextile tube system, with provision for its
eventual removal as required by this chapter, to allow long-term measures,
such as relocation and floodproofing, to be implemented.
Prior to the commencement of any emergency activity, the Administrator
must be notified and must determine whether to grant approval pursuant
to the provisions of this section. If circumstances warrant immediate
action by an agency of the state or a local government (not by an
individual) and prior notice to the Administrator is not possible,
then the Administrator shall be notified by that agency within 24
hours after commencement of the activity and must subsequently respond.
[Note: The Administrator must always be notified in advance before
any activity is undertaken by a private individual or nongovernmental
entity.] In either case, notification may be by certified mail, telegram,
mailgram, facsimile or other form of written form of communication.
The Town Board, by resolution, may adopt such other rules and procedures
as may be reasonably necessary to assure that the Administrator can
be notified in a timely manner.
A.
This notification shall include the following information:
B.
Prior to issuing an emergency authorization, the Administrator shall:
(1)
Make a finding of emergency stating why immediate action is
needed and the consequences if the action is not immediately taken.
(2)
Determine that the building or structure is structurally unsound
or in imminent peril of structural failure or harm if no remedial
measures are undertaken. The Administrator may, in making such a determination,
utilize the services and opinions of the Town Engineer, the Fire Marshal
or the Building Department.
(3)
Determine that the proposed emergency activity is the minimum
reasonably necessary to stabilize or otherwise protect the building
or structure.
(4)
Determine that the project will be carried out in a manner that
will cause the least change, modification or adverse impact to life,
health, property and natural protective features or other natural
resources.
(5)
Coordinate with and consider the comments of the Board of Trustees
or its duly authorized representative regarding all aspects of emergency
relief, including, without limitation, conditions, restoration and
bonding.
C.
The Administrator shall issue a decision granting or denying the emergency authorization within two business days of receipt of the information required in Subsection A of this section. Such decision shall be issued by and bear the name and signature of the Administrator and, if the proposed activity is authorized, will specify the following:
D.
An emergency authorization hereunder shall not be construed to make
the building and/or structure habitable.
E.
The Administrator may authorize any emergency activities specified
in this article and warranted by the circumstances with reasonable
conditions, including, but not limited to:
(1)
Removal of damaged structures and/or buildings or portions thereof
that are or have become hazardous to human health or safety and are
unsafe and/or likely to become air- or waterborne debris tending to
exacerbate erosion and/or cause damage to other buildings, structures
and/or natural protective features.
(2)
Removal of any material or building or structure constructed
or placed without a building permit, coastal erosion hazard area permit
or any other required permit or variance.
(3)
Restoration (including revegetation) of any natural protective
feature that was, may be or is in fact disturbed by the emergency
activities.
(4)
The posting of a bond, undertaking or other security in a form
and an amount determined by the Administrator as sufficient to ensure
compliance, restoration and completion of activities provided under
the permit.
F.
The Administrator shall apply the following guidelines in approving
geotextile tube systems:
(1)
Most geotextile tube applications employ a single larger diameter tube, but a two-tiered system may be employed, with one tube placed on top of and between two lower tubes, creating a pyramid shape. (See definition of "geotextile tube system," § 138-5.) The use of smaller geotextile tubes or sandbags may also be considered, but each component must possess sufficient volume (larger than approximately one cubic yard) to provide adequate stability in extreme wave environments.
(2)
Horizontal (shore parallel) coverage may not extend more than
20 feet past the primary structure which the geotextile tube system
is designed to protect, and laterally (shore perpendicular) the system
should be within 20 feet seaward of that structure.
(3)
Adequate foundation preparation and scour protection (e.g.,
installation of subbase filter fabric) must be provided.
(4)
Any emergency permission for a geotextile tube system must require
that the residence be floodproofed and relocated to a conforming location
within the erosion hazard adjacent area (if not already conforming),
or as landward as possible if a fully conforming location is not available,
as soon after the emergency as is practicable.
G.
Duration of emergency authorization. An authorization for the undertaking
of emergency activity pursuant to this section shall be valid for
a period of time not to exceed six months. Such authorization may
be renewed for one additional period not to exceed three months, provided
that the person seeking to undertake the emergency activity requests
such renewal in writing, the activity thus far undertaken pursuant
to the Administrator's authorization is in full compliance with the
terms and conditions of that authorization, and the Administrator
finds that an emergency situation as described in this section still
exists. All emergency activity authorized under this section shall
be completed prior to the expiration of said emergency authorization,
or the activity shall be deemed work subject to and requiring a coastal
erosion permit pursuant to the other provisions of this article.
H.
Removal of geotextile tube systems. Where the Administrator authorizes
installation of a geotextile tube system as an emergency activity
pursuant to this section, his determination authorizing the work shall
specify that the applicant will remove the geotextile tube system
in its entirety, and will complete any restoration work required by
the Administrator's authorization, prior to the expiration of that
authorization. In the event that the geotextile tube system is not
fully removed from the property in question by the expiration date
of the authorization, or the required restoration work has not been
completed by that date, the Town shall have the right to enter upon
the property to remove the system and/or to perform the uncompleted
restoration work and shall have the right to use any security posted
in connection therewith in order to undertake these tasks.
I.
Exceptions to emergency power. Notwithstanding anything herein to
the contrary, the provisions of this section shall not allow the Administrator
to authorize the following activities:
Any emergency authorization issued hereunder is subject to termination,
suspension, revocation and/or modification by the Administrator upon
his determination that the proposed activity does not or no longer
constitutes an emergency activity; violates the terms and/or conditions
of the emergency authorization; or is undertaken in a manner that
does not minimize or prevent damage to natural resources and natural
protective features; that material changes in conditions at the site
have occurred that alter the basis upon which the emergency authorization
was originally issued or that the applicant has failed to obtain any
other approval or permit from other agencies prior to commencement
of the emergency activity. In such an event, the Administrator shall
issue an order notifying the authorized person to cease the action.
In addition, the Administrator may require:
A coastal erosion management permit will be issued for regulated
activities that comply with the general standards, restrictions and
requirements of the applicable sections of this article, provided
that the following are adhered to:
A.
The application for a coastal erosion management permit must be made
upon the form provided by the Administrator and must include the following
minimum information:
(1)
A description of the proposed activity.
(2)
A survey drawn to a scale no smaller than one to 24,000, showing
the location of the proposed activity, and depicting the existing
natural vegetation and the proposed areas to be disturbed and a native
revegetation and restoration plan as provided in this chapter. No
application for a permit shall be accepted unless it complies with
this section.
(3)
Any additional information the Administrator may require to
properly evaluate the proposed activity.
B.
The applicant for a permit shall have the proposed building envelope,
or the proposed location of a structure that is not a building, and
the perimeter of all areas to be disturbed staked on site by a licensed
surveyor in accordance with the survey.
C.
The Administrator shall review all proposed development in the hazard adjacent areas, in addition to review by the Building Inspector, to determine whether or not the proposed development activities and areas to be disturbed are in compliance with this article. The Administrator may request the Environment Division, Planning Division or Planning Board to make an inspection to assist in its determination. Should there be a violation, a stop-work order, as provided in Chapter 123 of the Town Code, shall be issued. It shall be the burden of the applicant to prove that the site disturbance complies with the provisions of this section by submission of an as-built survey. Should there be no violation, the stop-work order shall be lifted. Should said as-built survey depict a violation of these provisions, a revegetation and restoration plan, as provided in this article, shall be submitted to the Chief Environmental Analyst for review. The stop-work order may only be lifted once the Chief Environmental Analyst is satisfied that the disturbed areas have been properly revegetated and restored with native vegetation, consistent with the policies of the Town as set forth in this article.
D.
Each application for a coastal erosion management permit must be
accompanied by the required fee or fees as established by the Town
Board under separate resolution.
E.
Permits will be issued by and bear the name and signature of the
Administrator and will specify the:
(1)
Activity or operation for which the permit is issued.
(2)
Address or location where the activity or operation is to be
conducted.
(3)
Name and address of the permittee.
(4)
Permit number and date of issuance.
(5)
Period of permit validity. If not otherwise specified, a permit
will expire one year from the date of issuance.
(6)
The terms and conditions of the approval.
F.
When more than one coastal erosion management permit is required
for the same property or premises under this article, a single permit
may be issued listing all activities permitted and any conditions,
restrictions or bonding requirements. Revocation of a portion or portions
of such consolidated permits will not invalidate the remainder.
G.
No permit shall be issued for new construction and site disturbance
unless the standards and criteria of this article are met.
H.
Permits for projects that have received all necessary approvals prior
to the effective date of this chapter are excluded from further review.
I.
Walkways, catwalks and accessways that have received a Trustee permit
do not require a separate coastal erosion management permit. The Administrator
shall refer all applications for other activities occurring on, or
potentially affecting, the area between mean high water and the crest
of the primary dune to the Trustees for review in relation to applicable
Trustee rules and regulations and shall consider any recommendations
of the Trustees in making a final determination on an application.
The Town may require a bond or other form of financial security.
Such bond or security must be in an amount, with such surety and conditions
as are satisfactory to the Town, so as to insure compliance with the
terms and conditions stated in the permit.
A violation of this article is hereby declared to be an offense
punishable by a fine not exceeding $1,000 or imprisonment for a period
not to exceed one year, or both. Each day's continued violation of
this article will constitute a separate additional violation. Nothing
herein will prevent the proper local authorities of the Town from
taking such other lawful actions or proceedings as may be necessary
to restrain, correct or abate any violation of this article.
