Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law, Article 7 of the Village Law and § 10
of the Municipal Home Rule Law, the Village of Sagaponack, County
of Suffolk, State of New York, hereby enacts this chapter.
This chapter shall be known and may be cited as the "Village
of Sagaponack Coastal Erosion Hazard Area Law."
The Village of Sagaponack hereby assumes the responsibility
and authority to implement and administer a coastal erosion management
program within its jurisdiction pursuant to Article 34 of New York
State Environmental Conservation Law. In addition, it is the purpose
of this chapter 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 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 areas.
E.
Eliminate the construction of new, and the replacement or reconstruction
of existing, erosion protection structures in coastal 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 Village of Sagaponack finds that the coastal erosion hazard
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 Village 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 following terms, as used in the chapter, shall have the
meanings indicated, unless the context clearly requires otherwise.
The local official responsible for administering and enforcing this chapter subject to any amendatory resolution hereafter adopted by the Board of Trustees shall be the Southampton Town Planning and Development Administrator or his or her duly appointed representative. The powers and duties of this position are more fully described in § 42-29.
The zone of unconsolidated earth that extends landward from
the mean low-water line to the waterward toe of a dune or bluff, whichever
is most waterward. Where no dune or bluff exists landward of a beach,
the landward limit of a beach is 100 feet landward from the place
where there is a marked change in material or physiographic form or
from the line of permanent vegetation, whichever is most waterward.
Shorelands subject to seasonal or more frequent overwash or inundation
are considered to be beaches.
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The waterward limit of a bluff
is the landward limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean
low water. The landward limit is 25 feet landward of the receding
edge or, in those cases where there is no discernible line of active
erosion, 25 feet landward of the point of inflection on the top of
the bluff. (The "point of inflection" is that point along the top
of the bluff where the trend of the land slope changes to begin its
descent to the shoreline.)
As defined in § 245-4 of the Village Code.
The Chief Environmental Analyst of the Town of Southampton.
The final map and any amendments thereof issued by the Commissioner
of the New York State Department of Environmental Conservation which
delineates boundaries of coastal erosion hazard areas subject to regulation
under this chapter.
[Amended 2-19-2013 by L.L. No. 2-2013]
The deposit of sand or soil on a beach, dune, or the face
of a bluff, in order to restore or replace similar material lost to
erosion, and the stabilization of such material by planting beach
vegetation. This definition shall include the installation of snow
fencing or permeable mesh fencing, the placement of biodegradable
fabric mesh or biodegradable gels, and the installation of drains
and pipes for the control of water runoff, if these devices are designed
and used to allow vegetation to grow upon and stabilize the deposited
materials. Installation of snow fencing without the deposit of sand
or soil on a beach, dune or the face of a bluff is not a coastal restoration
project.
The Atlantic Ocean.
The lands adjacent to the Village's coastal waters.
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
Any made-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
Any action to change, interfere with or otherwise destroy
natural vegetation beyond reasonable management measures.
A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.
The highest line or ridge along the top of a dune.
A natural or an accidental human-made event which presents
an immediate threat to life, health, safety, property or the environment.
The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ice
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind, runoff of surface waters or groundwaters
or groundwater seepage.
The line delineating the landward limit of natural protective
feature areas, as shown on the Coastal Erosion Hazard Area Map ("CEHA"
Map). See "Coastal Erosion Hazard Area Map" and "erosion hazard area."
An area of the coastline which is a structural hazard area
or a natural protective feature area. These areas are located seaward
of the landward edge of the erosion hazard area limit line.
A structure specifically designed to reduce or prevent erosion
such as a groin, jetty, revetment or breakwater.
An erosion control structure consisting of one or more synthetic
textile tubes or cylinders, which are filled with sand, sealed, and
placed in or on the beach or shore. This term shall specifically refer
to such a structure consisting of not more than two tiers of such
tubes, layered one atop the other and placed parallel to the shoreline,
and having a finished height for the entire structure of no more than
six feet above natural grade.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
A structure shall be deemed "lawfully preexisting" only if
it received all governmental approvals necessary at the time of its
construction or any subsequent alteration, is substantially complete
and in existence, and has not deteriorated to the point at which it
is no longer functional for its intended purpose.
An addition to the principal structure (not to an accessory
structure) of a single-family residence resulting in a twenty-five-percent-or-greater
increase in the ground area coverage of the structure. The increase
will be calculated as the ground area coverage to be added, together
with any additions previously constructed under a coastal erosion
management permit, divided by the ground area coverage of the nonconforming
building or structure prior to any such additions. As used herein,
"ground area coverage" includes the area covered by attached decking
and covered porches. Any addition to a commercial use or to a multifamily
residential structure is also a major addition.
The approximate average high-water level for a given water
body at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
The approximate average low-water level for a given body
of water at a given location, determined by reference to hydrological
information concerning water levels or other appropriate tests.
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use. Mobile homes and structures
built on skids or piles and not having a permanent foundation are
examples of movable structures.
Plants that have grown in the region since the last glaciation,
and before human settlement, including, but not limited to:
Maritime beach and dune vegetation, including, among others,
beach grass (Ammophila breviligulata), seaside goldenrod (Solidago
sempervirens), sweet goldenrod (Solidago odora), beach heather (Hudsonia
tomentosa), beach pea (Lathyrus maritimus), golden heather (Hudsonia
ericoides), beach pinweed (Lechea maritime), jointweed (Polygonella
articulata), prickly pear (Opuntia humifusa), reindeer lichen (Cladonia
sp.), bearberry (Arctostaphylos uva-ursi), virginia creeper (Parthenocissus
cinquefolia), northern bayberry (Myrica pensylvanica), beach plum
(Prunus maritima), pasture rose (Rosa carolina), wild rose (Rosa virginiana),
shining sumac (Rhus copallinium), highbush blueberry (Vaccinium corymbosum),
shadbush (Amelanchier canadensis), American holly (Ilex opaca), pitch
pine (Pinus rigida), and post oak (Quercus stellata).
Maritime shrubland and heathland vegetation, including, among
others, beach plum (Prunus maritima), wild rose (Rosa virginiana),
lowbush blueberry (Vaccinium angustifolium), black huckleberry (Gaylussacia
baccata), winterberry (Ilex verticillata), little bluestem (Schizachyrium
scoparium), Pennsylvania sedge (Carex pensylvanica), and asters (Aster
dumosum, A. ericoides, A. linariifolius, A. solidaginneus).
Brackish wetlands vegetation, meaning:
Lands and submerged lands commonly called "brackish or intermediate
marshes" which occur along coastal rivers, streams, creeks, bays,
lagoons and coves where fresh and salt water mix, and which frequently
form a transition zone or very narrow band between tidal and coastal
fresh marshes. The vegetation of these marshes is highly varied due
to the broad range of salinities characteristic of this coastal wetland
type and often forms a continuum characterized by a gradual intermixing
of tidal and fresh marsh plants. These lands and waters can occur
at some distance inland from tidal watercourses and tidally flooded
salt marshes and are commonly dominated by aquatic or semiaquatic
vegetation of the following types, which depend upon intermittent
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other species:
Emergent vegetation, including, among others, bulrush (Scirpus
robustus), three square (Scirpus americanus), big cordgrass (Spartina
cynosuroides), salt meadow grass (Spartina patens), spike grass (Distichlis
spicata), purple loosestrife (Lythrum salicaria), soft-stemmed bulrush
(Scirpus validus), spike rushes (Eleocharis spp.), water hemp (Acnida
cannabina), Mock Bishop weed (Ptilimnium capillaceum), rose mallow
(Hibiscus moscheutos), seashore mallow (Kosteletzkya virginica), and
common reed (Phragmites spp.), provided that such common reed is underlain
by bog, peat, hydric or saturated soils, or is inundated by brackish
surface waters. Field indicators of wetland hydrology or inundation
shall include, among others, visual observation of inundation, visual
observation of soil saturation within 24 inches of the soil surface,
water marks (e.g., silt or pollen lines), drift lines (e.g., deposits
of waterborne debris), sediment deposits (e.g., sediment that settled
out of standing water on plant bases or objects on the ground), staining
or matting of soils, leaves or vegetation, drainage patterns in wetlands
(e.g., braided channels in wetlands, scouring of debris, evidence
of sheet flow), and local soil survey data (e.g., typical water table
depths, durations, and soil series mapped in the county). Field indicators
of bog, peat, hydric or saturated soils shall include characteristic
hydric soil profiles, horizons, composition, color, texture, odor,
moisture, taxonomy, and/or soil surveys.
Brackish meadow vegetation, including, among others, sensitive
fern (Onoclea sensibilis), halberd-leaved tearthumb (Polygonum arifolium),
impatiens (Impatiens capensis), American germander (Teucrium canadense),
marsh fern (Thelypteris palustris), soft-stemmed bulrush (Scirpus
americanus), purple loosestrife (Lythrum salicaria), bristly foxtail
(Setaria geniculata), purple gerardia (Agalinis purpurea) and slender
goldenrod (Solidago tenuifolia).
Scrub-shrub vegetation or woody vegetation typically less than
six meters (20 feet) tall, including shrubs, young trees and trees
or shrubs that are small or stunted because of environmental conditions,
including, among others, groundsel-tree (Baccharis halimifolia), swamp
rose (Rosa palustris), arrowwood (Viburnum dentatum), American elder
(Sambucus canadensis) and black gum (Nyssa sylvatica).
Lands and submerged lands commonly called coastal interdunal
marshes which occur as low areas or swales in the dunes or barrier
island, or occur as other coastal depressions landward of a rise that
are not directly connected to open tidal water or tidal action, where
fresh groundwater mixes with salt water and salt spray, and which
are dominated by vegetation of the following types, which depend on
irregular or permanent flooding or sufficiently waterlogged soils
to give them a competitive advantage over other vegetation, including,
among others, aquatic spikerush (Eleocharis parvula), Canada rush
(Juncus americanus), rose mallow (Hibiscus moscheutos), three-square
(Spircus americanus), salt-meadow grass (Spartina patens), switchgrass
(Panicum virgatum), annual salt-marsh fleabane (Pluchea adorata),
groundsel-tree (Bacchaaris halimifolia), annual salt marsh aster (Aster
subulatus), seaside goldenrod (Solidago sempervirens) and common reed
(Phragmites spp.), provided that such common reed is underlain by
bog, peat, hydric or saturated soils.
Tidal wetlands vegetation, meaning all lands lying in the area
inundated by tidal action and/or peak lunar tides exhibiting salt
marsh peat and saline or brackish soils at their undisturbed surface;
all estuaries, tidal fresh marshes, salt meadow, tidal flats and littoral
zones; and all lands which are dominated by one or more of the following
plant species or associations: salt marsh hay (Spartina patens), spike-grass
(Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass
(Spartina alerniflora), saltwort (Salsola kali), glasswort (Salicornia
spp.), sea lavendar (Limonium carolinanus), salt marsh bulrush or
chairmaker's rush (Scirpus spp.), sand spurry (Spergularia marina),
groundsel bush (Baccharis halimifolia), high tide bush or marsh elder
(Iva frutescens), spikerush (Eleocharis spp.), bent grass (Agrotis
spp.), sea blite (Suaeda spp.), umbrella sedges (Fimbrisylis spp.),
Rose-mallow (Hibiscus moscheutos), narrow-leaf cattail (Typha angustifolia),
arrow-grass (Triglochin maritimum), pickerel weed, (Pontederia cordata),
blue flag (Iris versicolor), softstem bulrush (Scirpus validus), tussock
sedge (Carex stricta) and common reed (Phragmites spp.), provided
that such common reed is underlain by bog, peat, hydric or saturated
soils or is inundated by tidal waters. Field indicators of wetland
hydrology or inundation shall include, among others, visual observation
of inundation, visual observation of soil saturation within 24 inches
of the soil surface, water marks (e.g., silt or pollen lines), drift
lines (e.g., deposits of waterborne debris), sediment deposits (e.g.,
sediment that settled out of standing water on plant bases or objects
on the ground), staining or matting of soils, leaves or vegetation,
drainage patterns in wetlands (e.g., braided channels in wetlands,
scouring of debris, evidence of sheet flow), and local soil survey
data (e.g., typical water table depths, durations, and soil series
mapped in the county). Field indicators of bog, peat, hydric or saturated
soils shall include characteristic hydric soil profiles, horizons,
composition, color, texture, odor, moisture, taxonomy, and/or soil
surveys.
A nearshore area, beach, bluff, primary dune, secondary dune,
or marsh, and its vegetation.
A land and/or water area containing natural protective features,
the alteration of which might reduce or destroy the protection afforded
other lands against erosion or high water, or lower the reserve of
sand or other natural materials available to replenish storm losses
through natural processes.
Vegetation that grows presently in wild, natural areas on
Long Island.
Those lands under water beginning at the mean low-water line
and extending waterward in a direction perpendicular to the shoreline
to a point where the mean low-water depth is 15 feet or to a horizontal
distance of 1,000 feet from the mean low-water line, whichever is
greater.
A building or structure lawfully preexisting on or before
May 24, 1989 that does not conform to the dimensional or structural
requirements of this chapter.
Periodic replacement or repair of the same kind of structural
elements or protective coatings which do not change the size, design
or function of a functioning structure and which are not so extensive
as to become "reconstruction" as defined herein. A "functioning structure"
is one which is fully performing as originally designed at the time
that normal maintenance is scheduled to begin. Normal maintenance
of a structure, except an erosion protection structure, does not require
a coastal erosion management permit.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
The most waterward major dune where there are two or more
parallel lines within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally, one or more relatively
small dune formations exist waterward of the primary dune. These smaller
formations will be considered to be part of the primary dune for the
purpose of this chapter. The waterward limit of a primary dune is
the landward limit of its fronting beach. The landward limit of the
primary dune is 25 feet landward of its landward toe.
The most landward line of active erosion or, in cases where
there is no discernible line of active erosion, the most waterward
line of permanent vegetation.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
The restoration or rebuilding without modification of a structure,
the cost of which equals or exceeds 50% of the full replacement cost
of the structure such that it meets all applicable building codes
at the time of reconstruction, as estimated by the Administrator.
Modifications, however, may be allowed if they do not exceed preexisting
size limits and are intended to mitigate impacts to natural protective
features and other natural resources.
The construction, reconstruction, modification, restoration
or placement of a structure or addition to a structure or any action
or use of land which materially alters the condition of land, including
grading, excavating, artificial beach nourishment, dumping, mining,
dredging, filling or other disturbance of soil. Installation of snow
fencing by itself, which is not part of any other regulated activity
such as, without limitation, grading, excavating, deposition of sand
or soil, is not a regulated activity.
Only wood fencing and wood stakes shall be approved for uses
defined in this chapter.
The major dune immediately landward of the primary dune.
The waterward limit of a secondary dune is the landward limit of its
fronting primary dune. The landward limit of a secondary dune is 25
feet landward of its landward toe.
Those habitats which are essential to the survival of a large
portion of a particular fish or wildlife population, support rare
or endangered species, are found at a very low frequency within a
geographic area, support fish or wildlife populations having significant
commercial or recreational value, or that would be difficult or impossible
to replace.
Those shorelands located landward of natural protective features
and having shorelines receding at a long-term average recession rate
of one foot or more per year. The inland boundary of a structural
hazard area is calculated by starting at the landward limit of the
fronting natural protective feature and measuring along a line perpendicular
to the shoreline a horizontal distance landward which is 40 times
the long-term average annual recession rate.
Any object constructed, installed or placed in, on or under
land or water, including but not limited to a building, permanent
shed, deck, in-ground or aboveground pool, garage, mobile home, road,
public service distribution, transmission or collection system, tank,
dock, pier, wharf, groin, jetty, seawall, bulkhead, breakwater, revetment,
artificial beach nourishment or any addition to or alteration of the
same.
The lowest surface point on a slope face of a dune or bluff.
A permit issued by the Trustees (as hereinafter defined)
that is consistent with the provisions of this chapter.
The Trustees of the Freeholders and Commonalty of the Town
of Southampton.
Excepted activities which are not regulated by this chapter
include but are not limited to elevated walkways or stairways that
are granted a Trustee permit and that are constructed solely for pedestrian
use and built by an individual property owner for the limited purpose
of providing noncommercial access to the beach; docks, piers, wharves
or structures built on floats, columns, open timber piles or other
similar openwork supports with a top surface area of less than 200
square feet or which are removed in the fall of each year; normal
beach grooming or cleanup; maintenance of structures (except erosion
protection structures) when normal and customary and/or in compliance
with an approved maintenance program; planting vegetation and installing
wood sand fencing and wood stakes so as to stabilize or entrap sand
in primary dune and secondary dune areas in order to maintain or increase
the height and width of dunes; routine agricultural operations including
cultivation or harvesting and the implementation of practices recommended
in a soil and water conservation plan as defined in § 3(12)
of the Soil and Water Conservation Districts Law; provided, however,
that agricultural operations and the implementation of practices will
not be construed to include any activity that involves the construction
or placement of a structure. All other use of fencing is a regulated
activity.
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the coastal erosion hazard area.
