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Home My WebLink AboutSH RES 1046, 1047, 1052Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (63~.) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 October 25, 2012 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk~southamntontownnv.oov. Signature: ~(~~. l~. Date: Please be advised that the Town Board, at a meeting held on October 23, 2012 6:00 PM, reviewed the following resolution(s): Resolution RES-2012-1046 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter 158 (Coastal Erosion Hazard Areas) to Remove Provisions Regarding Adjacent Areas Resolution RES-2012-1047 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter $$0 (Zoning) to Delete Article/~X (Tidal Floodplain Overlay District) in Its Entirety and Replace it with Coastal Erosion Hazard Adjacent Area Provisions Resolution RES-2012-1052 Adopted [Unanimous] ~rssue Positive Declaration for the Purpose of SEQRA Review for the Change of Zone Application, Entitled "Tuckahoe Center'; to Rezone Certain Properties in the Hamlet of Tuckahoe from I-I£ghway Business (liB) and Residential Zoning Districts (R-20) to Shopping Center Business ($CB) Generated 10/25/2012 Sincerely Yours, Sundy A. $chermeyer Town Clerk Page 1 Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 October 25, 2012 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on October 23, 2012 6:00 PM, reviewed the following resolution(s): Resolution RES-2012-1046 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter 138 (Coastal Erosion Hazard Areas) to Remove Provisions Regarding Adjacent Areas CC: Anthony Tohill, Esq. Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Nica B. Strunk Tiffany Scarlato Leonard Marchese Christopher Nuzzi, Councilman John Capone Kim Myers Kathleen Murray Lisa Dunlap Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Coady, E-Gov Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Christine Preston Scalera, Councilwoman Marry Shea, Chief Environmental Analyst Adam Grossman Herb Phillips Ann Nowak, Esq. Brian Desesa Denise O'Brien, ZBA Board Member Kathryn Garvin Keith Tuthill David Reilly, Member, ZBA Kandice Cowell Beth Kamper, Village Clerk Generated 10/25/2012 Page i Southampton Town Board - Letter Board Meeting of October 23, 2012 Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Rebecca Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Tnspector Clare Vail, Planner Dennis Finnerty, Planning Board Chairman David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Robert Quinlan, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Stephen Funsch, Village Clerk/Treasurer Honorable Frederick Overton, Town Clerk Freda Eisenberg 3anice Scherer Sarah Lansdale, Director 3acqueline Fenlon, Principal Planner L.T. State Park Commission Laura 3. Delessandro, Village Cerk Alexandra Sullivan Kerri Meyer Diane Neill, PR Planner Honorable Diane Wilhelm, Town Clerk Kyle Collins Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Harry Ludlow, Chairman Peter Scully, Director Resolution RES-2012-1047 Adopted [Unanimous] Notice of Pubfic Hearing to Consider Amending Town Code Chapter $$0 (Zoning) to Delete Article IX (Tidal Floodplain Overlay District) in Its Entirety and Replace it with Coastal Erosion Hazard Adjacent Area Provisions CC: Anthony Tohill, Esq. Donald Louchheim, Mayor Nica B. Strunk Tiffany Scarlato Leonard Marchese Rosemarie Winchell Christopher Nuzzi, Councilman John Capone Kim Myers Kathleen Murray Lisa Dunlap Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Coady, E-Gov Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Christine Preston Scalera, Councilwoman Beth Kamper, Village Clerk Christopher Lubicich Generated 10/25/2012 Page 2 Southampton Town Board - Letter Board Meeting of October 23, 2012 Brenda Prusinowski, Deputy Comm. of PELIH Lori Riccardi, ZBA Head Clerk Mart:in Haley, Comm. of Bldg & Fire Prevention Pat:ricia Eddingt:on, Brookhaven Town Clerk Rebecca IViolinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Tnspect:or Clare Vail, Planner Dennis Finnert:y, Planning Board Chairman David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELIV] Tullio Bert:oli, Commissioner of PELIV] Robert Quinlan, Brookhaven Town At:t:y Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Honorable Frederick Overt:on, Town Clerk Freda Eisenberg Janice Scherer Sarah Lansdale, Direct:or Jacqueline Fenlon, Principal Planner L.I. St:at:e Park Commission Laura J. Delessandro, Village Cerk Alexandra Sullivan Kerri Meyer Diane Neill, PR Planner Honorable Diane Wilhelm, Town Clerk Kyle Collins Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Pet:er Scully, Direct:or Mart:y Shea, Chief Environment:al Analyst: Carol Oborski Elizabet:h Vail, Assist:ant: Janice Scherer, Principal Planner Freda Eisenberg Resolution RES-2012-1052 Adopted [Unanimous] Z$$ue Positive Declaration for the Purpose of SEQRA Review for the Change of Zone Application, Entitled "Tuckahoe Center", to Rezone Certain Properties in the Hamlet of Tuckahoe from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB) CC: Tiffany Scarlat:o Leonard Marchese Christ:opher Nuzzi, Councilman John Capone Kim Myers Kat:hleen Murray Lisa Dunlap Cindy Guerriero Sundy Schermeyer, Town Clerk Tara Coady, E-Gov Michael Baldwin Sandra Cirincione Anna Throne-Hoist:, Supervisor Paul Rubano Karin Johnson James Malone, Councilman Bridget: Fleming, Councilwoman Russell Krat:ovill Christ:ine Prest:on Scalera, Councilwoman Generated 10/25/2012 Page 3 Southampton Town Board - Letter Board Meeting of October 23, 2012 Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Rebecca Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Tnspector Clare Vail, Planner Dennis Finnerty, Planning Board Chairman David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Robert Quinlan, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Sarah Lansdale, Director ]acqueline Fenlon, Principal Planner L.I. State Park Commission Laura ]. Delessandro, Village Cerk Alexandra Sullivan Kerri Meyer Diane Neill, PR Planner Honorable Diane Wilhelm, Town Clerk Kyle Collins Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Carol Oborski Elizabeth Vail, Assistant Freda Eisenberg Frances Genovese Bonnie Goebert, Co-Chair ]anice Scherer, Principal Planner Peter Scully, Director Joseph Martens, Commissioner Jeffrey Szabo, CEO Cheryl Kraft Christine Fetten, Town Director of Municipal Works Marry Shea, Chief Environmental Analyst Alex Gregor, Superintendent of Highways Michael Charrier, Chair, ARB Thomas Neely, Director of Transportation William Wilson, Police Chief Kristin White, Secretary Ed Britt Walter Zamorski, EMS Advisory Committee Chris Dyer, Superintendent Kimberly Kennedy Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 10/25/2012 Page 4 Southampton Town Board - Letter Board Meeting of October 23, 2012 RESOLUTION 2012-1046 ADOPTED Item # 6.37 DOC ID: 15952 Notice of Public Hearing to Consider Amending Town Code Chapter 138 (Coastal Erosion Hazard Areas) to Remove Provisions Regarding Adjacent Areas RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 27, 2012, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against, "A LOCAL LAW to remove provisions regarding adjacent areas from Town Code Chapter 138 (Coastal Erosion Hazard Areas)," which provides as follows: LOCAL LAW NO. OF 2012 A LOCAL LAW to amend Chapter 138 (Coastal Erosion Hazard Areas), to remove provisions regarding adjacent areas from the legislation. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. On May 13, 2003, by Local Law No. 41 of 2003, the Town Board of the Town of Southampton amended in its entirety Town Code Chapter 138, addressing the Coastal Erosion Hazard Areas within the Town of Southampton. By that amendment, and in consultation with the New York State Department of Environmental Conservation (NYS DEC), the Town inserted provisions addressing "adjacent areas" in the Coastal Erosion Hazard Area (CEHA) legislation. Specifically, the legislation identified "adjacent areas" as those areas lying between the coastal erosion hazard area limit line and, west of the Shinnecock Tnlet, the first inland street from the ocean (Dune Road), or, east of the Shinnecock Tnlet, the inland boundary of the shoreline lot or 400 feet landward of the erosion hazard area limit line, whichever is more seaward. Since that time, this "adjacent area" criteria has been challenged through litigation in Supreme Court, Suffolk County, under the caption Petrello v. Board of Trustees of the Village of Sagaponack, et al., Tndex No. 26159/2011, alleging, among other issues, that said regulations are invalid, and reach beyond Article 34 of the New York State Environmental Conservation Law. By Memorandum Decision dated May 9, 2012, and a resultant 3udgment entered September 4, 2012, the Supreme Court (Rebolini, 3.) agreed, granting plaintiff's summary judgment motion and declaring Sagaponack Village Local Law No. 1 of 2011, purporting to create and regulate "Erosion Hazard Adjacent Areas," also described as "Adjacent Areas," invalid. Because Sagaponack Village Local Law No. 1 mimics and adopts in its entirety Southampton Town Code Chapter 138, given the above ruling, the Town Board of the Town of Southampton hereby repeals those provisions of Chapter 138 deemed invalid by the Court, and will be relocating those provisions to the Town's Zoning Code, or Chapter 330, pursuant to the Town's Municipal Home Rule authority. Indeed, the Town Board remains committed to establishing, regulating, and implementing standards and procedures for minimizing and preventing damage to man-made property and structures from coastal flooding and, of Generated 10/25/2012 Page 5 Southampton Town Board - Letter Board Meeting of October 23, 2012 equal importance, preserving public access and the use of the beaches, as well as protecting natural protective features and other natural resources. SECTION 2. Amendment. Town Code Section 138-4 (Legislative findings) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the following stricken words from this section: §138-4. Legislative findings. The Town of Southampton finds that the coastal erosion hazard areas ~.~d cros!o.~ h~z~rd 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. 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. 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. SECTION 3. Amendment. Town Code Section 138-5 (Definitions) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the following stricken words from this section: §138-5. Definitions. .............. A~2ACF;:T A.~.FA -- A~2ACF;:T .... SECTION 4. Amendment. Town Code Section 138-6 (Areas established) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: Generated 10/25/2012 Page 6 Southampton Town Board - Letter Board Meeting of October 23, 2012 §138-6. Areas established. The coastal erosion hazarda rea ............... ~...k ..... *~~.w.v..~- ..~..k .... "~.j~...~a~ .... *~.~ ....... ~.~ _is hereby established to classi~ 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 ^rea 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 T~ ..... ~ ~ .... . ~.~ .... * ....... *~.~ ~ SECTION 5. Amendment. Town Code Section 138-7 (Coastal erosion management permit required) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-7. Coastal erosion management permit required; compliance with provisions; effect on zoning regulations. 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. All regulated activ in an erosion hazard area or ~n~. .... v..~.'~-.. ........ ~ .......... must comply with the applicable provisions of this chapter. The requirements of this chapter shall supplement the zoning regulations of the underlying district. Tf 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. SECTION 6. Amendment. Town Code Section 138-14 (Adjacent areas) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-14. ~ Reserved. Generated i0/25/2012 Page 7 Southampton Town Board - Letter Board Meeting of October 23, 2012 (1) (2) (a) (b) Generated 10/25/2012 Page 8 Southampton Town Board - Letter Board Meeting of October 23, 2012 (4) (a) (b) (1) (2) Generated 10/25/2012 Page 9 Southampton Town Board - Letter Board Meeting of October 23, 2012 SECTION 7. Amendment. Town Code Section 138-15 (Native Vegetation) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: Reserved Generated 10/25/2012 Page 10 Southampton Town Board - Letter Board Meeting of October 23, 2012 (2) P) (4) (s) Generated 10/25/2012 Page 11 Southampton Town Board - Letter Board Meeting of October 23, 2012 SECTION 8. Amendment. Town Code Section 138-16 (Erosion protection structures and artificial beach nourishment) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-16. Erosion protection structures and artificial beach nourishment. Except as allowed pursuant to Article lll, "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 or ~dj~ccnt ~rc~. 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. 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. Generated 10/25/2012 Page 12 Southampton Town Board - Letter Board Meeting of October 23, 2012 To assure compliance with the proposed maintenance program, a bond may be required. SECTION 9. Amendment. Town Code Section 138-17 (Nonconforming buildings and structures) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-17. Nonconforming buildings and structures The following provisions shall apply to and govern all nonconforming buildings and structures, including preexisting erosion protection structures: 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. 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. Limitations on reconstruction. Reconstruction of a nonconforming building or structure shall be limited as follows: (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. ]fa 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) (a) Generated 10/25/2012 Page 13 Southampton Town Board - Letter Board Meeting of October 23, 2012 (4-)(2) Reconstruction, modification or alteration of erosion protection structures is prohibited. 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: (1) Any addition or expansion may not be located seaward of the preexisting nonconformln~. .~ structure ~.qd .... · m~, ,~ ~ .... · ..... ~ ..... ~ ..... ~ ..... *~ ~ ........... *""~*~' and (2) SECTTON 10. Amendment. Subsection F of Town Code Section 138-20 (Notification of Administrator) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-20. Notification of Administrator. 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 w!th!n the .... ~ ~' .... '~ ~'~ ....* .... ~ ~* ~'"~ ..... ~"m~ landward ................. J .......... ~ ............ z ............. ~, or as as Generated 10/25/2012 Page 14 Southampton Town Board - Letter Board Meeting of October 23, 2012 possible if a fully conforming location is not available, as soon after the emergency as is practicable. SECTION 11. Amendment. Subsection T of Town Code Section 138-20 (Notification of Administrator) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-20. Notification of Administrator. 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: (1) Reconstruction of nonconforming buildings or structures which are located within an erosion hazard area ~- ~*~' ...... *~' ~*~'~' ....... *~"~'~'~ by ~.v~' ~° ?, ....... and which have been damaged by flooding or erosion. Such reconstruction shall be governed by the provisions of §138-17C hereof. SECTION 12. Amendment. Subsection C of Town Code Section 138-29 (Administration and Enforcement) of Chapter 138 (Coastal Erosion Hazard Areas) is hereby amended by deleting the stricken words and adding the underlined words as follows: §138-29. Application for coastal erosion management permit; fees; issuance. A coastal erosion management permit will be issued for regulated activities that comply with the general standards (§138-8), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: The Administrator shall review all proposed development in the hazard~,,.~-'~ ~.j~,,.~'~ .... * areas, in addition to review by the Building Tnspector, to determine whether or not the proposed development activities and areas to be disturbed are in compliance with this chapter. 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. Tt 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 chapter, 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 re-vegetated and restored with native vegetation, consistent with the policies of the Town as set forth in this chapter. SECTION 13. Authority. The Town Board may amend Chapter 138 of the Southampton Town Code pursuant to Article 34 of the New York State Environmental Conservation Law, as well as Municipal Home Rule Law §10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3). Generated 10/25/2012 Page 15 Southampton Town Board - Letter Board Meeting of October 23, 2012 SECTION 14. Severability. Tf any section, subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof, other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 15. Effective Date. This Local Law shall take effect upon filing with the Secretary of State. AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTTCE, that that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 27, 2012, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against, "A LOCAL LAW to remove provisions regarding adjacent areas from Town Code Chapter 138 (Coastal Erosion Hazard Areas)." Summary of Proposed Law Given the results of recent litigation, the Town Board of the Town of Southampton hereby seeks to repeal those provisions of Chapter 138 deemed invalid by the Court, and will be relocating said provisions to the Town's Zoning Code, or Chapter 330, pursuant to the Town's Municipal Home Rule authority. Copies of the proposed local law, sponsored by Supervisor Throne-Hoist, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Tmpact: None. RESULT: ADOPTED [UNANII~IOUS] I~IOVER: Anna Throne-Hoist, Supervisor SECONDER: Christine Preston Scalera, Councilwoman AYES: Throne-Hoist, Malone, Scalera, Fleming, Nuzzi Generated 10/25/2012 Page 16 Southampton Town Board - Letter Board Meeting of October 23, 2012 RESOLUTION 2012-1047 ADOPTED Item # 6.38 DOC ID: 16122 Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning) to Delete Article IX (Tidal Floodplain Overlay District) in Its Entirety and Replace it with Coastal Erosion Hazard Adjacent Area Provisions RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 27, 2012, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against "A LOCAL LAW amending Town Code Chapter 330 (Zoning) to delete Article TX (Tidal Floodplain Overlay District) in its entirety, and replace it with Coastal Erosion Hazard Adjacent Area provisions," which provides as follows: LOCAL LAW NO. OF 2012 A LOCAL LAW amending Town Code Chapter 330 (Zoning) to delete Article TX (Tidal Floodplain Overlay District) in its entirety, and replace it with Coastal Erosion Hazard Adjacent Area provisions. BE [T ENCATED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. On May 13, 2003, by Local Law No. 41 of 2003, the Town Board of the Town of Southampton amended in its entirety Town Code Chapter 138, addressing the Coastal Erosion Hazard Areas within the Town of Southampton. By that amendment, and in consultation with the New York State Department of Environmental Conservation (NYS DEC), the Town inserted provisions addressing "adjacent areas" in the Coastal Erosion Hazard Area (CEHA) legislation. Specifically, the legislation identified "adjacent areas" as those areas lying between the coastal erosion hazard area limit line and, west of the Shinnecock Tnlet, the first inland street from the ocean (Dune Road), or, east of the Shinnecock Tnlet, the inland boundary of the shoreline lot or 400 feet landward of the erosion hazard area limit line, whichever is more seaward. Since that time, this "adjacent area" criteria has been challenged through litigation in Supreme Court, Suffolk County, under the caption Petrello v. Board of Trustees of the Village of Sagaponack, et al., Tndex No. 26159/2011, alleging, among other issues, that said regulations are invalid, and reach beyond Article 34 of the New York State Environmental Conservation Law. By Memorandum Decision dated May 9, 2012, and a resultant 3udgment entered September 4, 2012, the Supreme Court (Rebolini, 3.) agreed, granting plaintiff's summary judgment motion and declaring Sagaponack Village Local Law No. 1 of 2011, purporting to create and regulate "Erosion Hazard Adjacent Areas," also described as "Adjacent Areas," invalid. Because Sagaponack Village Local Law No. 1 mimics and adopts in its entirety Southampton Town Code Chapter 138, given the above ruling, the Town Board of the Town of Southampton is repealing those provisions of Chapter 138 deemed invalid by the Court, and hereby seeks to relocate said provisions to the Town's Zoning Code, or Chapter 330, pursuant to the Town's Municipal Home Rule authority. Indeed, the Town Board remains Generated 10/25/2012 Page 17 Southampton Town Board - Letter Board Meeting of October 23, 2012 committed to establishing, regulating, and implementing standards and procedures for minimizing and preventing damage to man-made property and structures from coastal flooding and, of equal importance, preserving public access and the use of the beaches, as well as protecting natural protective features and other natural resources. Because the provisions within Article TX (Tidal Floodplain Overlay District), are already addressed within other areas of the Town Code, namely Chapter 138, it is appropriate to delete these provisions and locate the new adjacent area zoning provisions in its place. SECTION 2. Amendment. Article TX (Tidal Floodplain Overlay District) of Town Code Chapter 330 (Zoning), is hereby amended by deleting the stricken words as follows: ARTICLE IX Generated 10/25/2012 Page 18 Southampton Town Board - Letter Board Meeting of October 23, 2012 SECTTON 3l Amendment. Article TX of Town Code Chapter 330 (Zoning), is hereby amended by adding the underlined words as follows: ARTICLE Coastal Erosion Hazard Adiacent Areas ,Ei330-42. Purpose. The purpose of this Article shall be to: 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. Reclulate, 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. Generated 10/25/2012 Page 19 Southampton Town Board - Letter Board Meeting of October 23, 2012 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. Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard adjacent areas. 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. ,Ei330-43. Leqislative findinqs. 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. 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. 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. ,Ei330-44. Definitions. 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 term(s) shall have the meanings indicated, unless the context clearly requires otherwise: EROSTON HAZARD AD'IACENT AREA OR AD'IACENT AREA. All lands lying between the erosion hazard area limit line and, west of the Shinnecock Tnlet, the first inland street from the ocean (Dune Road); or, east of Shinnecock Tnlet, the inland boundary of the shoreline lot or 400 feet landward of the erosion hazard area limit line, whichever is more seaward. Generated 10/25/2012 Page 20 Southampton Town Board - Letter Board Meeting of October 23, 2012 ~330-45. Areas established. 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 Tnlet, the first inland street from the ocean (Dune Road); or, east of Shinnecock Tnlet, the inland boundary of the shoreline lot or 400 feet landward of the limit line, whichever is more seaward. ,q330-46. Coastal erosion manaqement permit required; effect on zoninq requlations. 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. All regulated activity in an erosion hazard adjacent area must comply with the applicable provisions of this chapter. The requirements of this article shall supplement the zoning regulations of the underlying district. Tf 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. ,q330-46.1. General standards for issuance of permit. A coastal erosion management permit will be issued only with a finding by the Administrator that the proposed regulated activity: Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location; Is not likely to cause a measurable increase in erosion at the proposed site and at other locations; and 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. ~330-46.2. Adiacent areas. 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, includincl buildincl 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 damaqe, increased potential for eventual encroachment loss, and damage to the public beach area, increased risk of deqradation 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 Generated 10/25/2012 Page 21 Southampton Town Board - Letter Board Meeting of October 23, 2012 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. 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 building (both principal and accessory structures) shall be setback 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. Tn 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 (3) (4) 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. The Administrator shall reduce the required dune setback to 100 feet inland from the crest of any and all ocean beach dunes: (a) Tn 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 buildinqs 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. Building close to other structures may increase the potential of damage from flood, wind, debris and erosion hazards. Dense development can redirect and Generated 10/25/2012 Page 22 Southampton Town Board - Letter Board Meeting of October 23, 2012 concentrate flood, wave and wind forces, increasinq 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 buildinq (includincl 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. Established easements, accessways or roads held by the Trustees of the Freeholders and Commonality of 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. 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 2138-5: (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. Floodproofing a lawfully preexisting nonconforminq 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. Generated 10/25/2012 Page 23 Southampton Town Board - Letter Board Meeting of October 23, 2012 Development proposals shall incorporate all reasonable means and measures to avoid and or minimize adverse impacts to natural resources. 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. ,~330-46.3. Native veqetation and natural veqetation protection standards. 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, includinq rare, threatened or endangered species. Maintenance and enhancement of the continued ecoloqical 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: 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 (i) the area preexisting the 2003 Amendments, or (ii) 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 sq. ft. or 40% of lot 30,001 to 60,000 12,000 sq. ft. or 35% of lot 60,001 to 90,000 21,000 sq. ft. or 25% of lot 90,001 to 140,000 22,500 sq. ft. or 20% of lot 140,001 to 200,000 28,000 sq. ft. or 15% of lot 200,001 or greater 30,000 sq. ft. or 10% of lot 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. 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. Generated 10/25/2012 Page 24 Southampton Town Board - Letter Board Meeting of October 23, 2012 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 sinqle-family residence, the maximum allowable site disturbance shall not exceed 1 1/2 times the amount set forth in ~330-46.3(A) above. 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. Structural pedestrian walkways or accessways over dunes or bluffs and permeable driveways located landward of the applicable dune set back line shall be excluded from site disturbance calculations. 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. Tn 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 ~330-46.3(A) during development activities, or are required to be revegetated pursuant to Town Code ~138-17(D) 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. 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. ~330-46.4. Erosion protection structures and artificial beach nourishment. Except as allowed pursuant to "Emergency Activities" of this article, 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. Generated 10/25/2012 Page 25 Southampton Town Board - Letter Board Meeting of October 23, 2012 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. 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. Tndividual 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. ,~330-46.5. Nonconforminq buildinqs and structures. The following provisions shall apply to and govern all nonconformincl buildinqs and structures, including preexisting erosion protection structures: Alteration or enlargement of nonconforming structures, generally. Subject to the limitations set forth in ~330-46.5(C) and the provisions regarding non-major additions set forth in ~330-46.5(D), a lawfully preexisting nonconforminq buildinq 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 Generated 10/25/2012 Page 26 Southampton Town Board - Letter Board Meeting of October 23, 2012 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. Rule governing nonconforming uses. The provisions of ~330-46.5(A) do not apply to a building or structure which is used by a nonconforming use. The enlarqement or reconstruction of a building or structure used by a nonconforming use is prohibited unless the use is changed to a conforming use. Limitations on reconstruction. Reconstruction of a nonconforminq buildinq or structure shall be limited as follows: (1) Reconstruction of a nonconformincl buildincl or structure in an erosion hazard (2) (3) 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: (a) 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. 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. Reconstruction, modification or alteration of erosion protection structures is prohibited. Additions to nonconforminq, 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 ~330-46.3(A), or in any increase to preexisting nonconforming site disturbance, must provide for revegetation in accordance with 2330- 46.3(G) to remove the violation or reduce the nonconforming site disturbance to the amount that existed before the addition. ~330-46.6. Traffic control. Motorized and nonmotorized traffic must comply with the following restrictions: Generated 10/25/2012 Page 27 Southampton Town Board - Letter Board Meeting of October 23, 2012 Motor vehicles must not travel on veqetation, 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. Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossinq areas, and on bluffs. Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune-crossing structures. ,Ei330-46.7. Emerqency Activities; applicability. 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) Tnstalling 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. ~330-46.8. Notification of Administrator. 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. Tf 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 Generated 10/25/2012 Page 28 Southampton Town Board - Letter Board Meeting of October 23, 2012 entity.] Tn 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. This notification shall include the following information: (1) A description of the proposed action and the manner in which it is to be undertaken. (2) Location map and plan of the proposed action. (3) Reasons why the situation is an emergency. (4) Any additional information the Administrator requires to properly evaluate the proposed activity. 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 (3) (4) (5) 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. Determine that the proposed emergency activity is the minimum reasonably necessary to stabilize or otherwise protect the building or structure. 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. 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. 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: (1) Activity for which the authorization is issued. (2) Address and location where the activity is to be conducted. (3) Name and address of the persons authorized to conduct the emergency activity. (4) Period of validity of the authorization. Generated 10/25/2012 Page 29 Southampton Town Board - Letter Board Meeting of October 23, 2012 (5) Terms and conditions of the authorization. An emergency authorization hereunder shall not be construed to make the building and/or structure habitable. 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. 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," 2138-5.) 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. Generated 10/25/2012 Page 30 Southampton Town Board - Letter Board Meeting of October 23, 2012 Duration of emergency authorization. An authorization for the undertakinq 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 emerqency authorization or the activity shall be deemed work subject to and requiring a coastal erosion permit pursuant to the other provisions of this article. 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. Tn 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. 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: (1) Reconstruction of nonconforminq buildings or structures which are located within an erosion hazard adjacent area which have been damaged by flooding or erosion. Such reconstruction shall be governed by the provisions of 2330- 46.5(C) hereof. ,Ei330-46.9. Cessation of uniustified activities; remedies. 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. Tn such an event, the Administrator shall issue an order notifying the authorized person to cease the action. Tn addition, the Administrator may require: Removal of any structure that was constructed or placed without a coastal erosion management permit. The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without a coastal erosion management permit. Generated 10/25/2012 Page 31 Southampton Town Board - Letter Board Meeting of October 23, 2012 ~330-46.10. Administration; application for coastal erosion management permit; fees; issuance. 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: 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. The applicant for a permit shall have the proposed buildinq 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. The Administrator shall review all proposed development in the hazard adjacent areas, in addition to review by the Building Tnspector, 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. Tt 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 re-vegetated and restored with native vegetation, consistent with the policies of the Town as set forth in this article. 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. 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. Generated 10/25/2012 Page 32 Southampton Town Board - Letter Board Meeting of October 23, 2012 (3) Name and address of the permittee. (4) Permit number and date of issuance. (5) Period of permit validity. Tf not otherwise specified, a permit will expire one year from the date of issuance. (6) The terms and conditions of the approval. 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. Permits for projects that have received all necessary approvals prior to the effective date of this chapter are excluded from further review. 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 Trustees rules and regulations and shall consider any recommendations of the Trustees in making a final determination on an application. ,Ei330-46.11. Bonds. 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. ,Ei330-46.12. Penalties for offenses. 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. SECTTON 4. Amendment. Subsection (3) of Subsection B (Zoning district eligibility) of Town Code §330-9 (Density incentive provisions) is hereby amended by deleting the stricken words as follows: Zoning district eligibility. The following residential and nonresidential zoning districts are eligible to utilize the density incentive provisions of this section if they comply with the minimum acreage requirements as set forth herein: Generated 10/25/2012 Page 33 Southampton Town Board - Letter Board Meeting of October 23, 2012 (3) Density incentives shall not be authorized on lands within the Core Preservation Area of the Central Pine Barrens Overlay District, thc T!d~l .~a-~-.vwv.~... ~"~-~"v.~..~ ~ ....... , or the Tidal Wetlands and Ocean Beach Overlay District. SECTION 5. Amendment. Subsection (B) of Town Code §330-41 (Ocean beach regulations) is hereby amended by deleting the stricken words and adding the underlined words as follows: Where a private landowner establishes proof of a valid title to lands on the ocean beach satisfactory to the Town, such land shall not be subject to excavation, regarding or any disturbance of the natural crest of the dune, except in accordance with a beach protection policy or protective works program approved by the Town and the minimum disturbance necessary to construct permitted structures set forth in ~ ~.~. Article TX. SECTION 6. Authority. The proposed local law is enacted pursuant to Town Law §§264 and 265, as well as Municipal Home Rule Law §10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3). SECTION 7. Severability. Tf any section, subsection, or part of this local law, now or through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, subsection, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 8. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby directs the Town Clerk to forward a copy of the proposed local law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 27, 2012, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against "A LOCAL LAW amending Town Code Chapter 330 (Zoning) to delete Article TX (Tidal Floodplain Overlay District) in its entirety, and replace it with Coastal Erosion Hazard Adjacent Area provisions." Summary of Proposal Generated 10/25/2012 Page 34 Southampton Town Board - Letter Board Meeting of October 23, 2012 Given the results of recent litigation, the Town Board of the Town of Southampton is repealing those provisions of Chapter 138 deemed invalid by the Court, and hereby seeks to relocate said provisions to the Town's Zoning Code, or Chapter 330, pursuant to the Town's Municipal Home Rule authority. Copies of the proposed law, sponsored by Supervisor Throne-Hoist, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Tmpact: None. RESULT: ADOPTED [UNANTMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Christine Preston Scalera, Councilwoman AYES: Throne-Hoist, Malone, Scalera, Fleming, Nuzzi Generated 10/25/2012 Page 35 Southampton Town Board - Letter Board Meeting of October 23, 2012 RESOLUTION 2012-1052 ADOPTED Item # 6.43 DOC ID: 16152 Issue Positive Declaration for the Purpose of SEQRA Review for the Change of Zone Application, Entitled "Tuckahoe Center", to Rezone Certain Properties in the Hamlet of Tuckahoe from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB) WHEREAS, on .luly 5, 2012, the Town Board of the Town of Southampton received a Change of Zone application entitled "Tuckahoe Center"; and WHEREAS, the proposal seeks to rezone (i) three adjoining properties along the southeasterly side of Country Road 39 in the Hamlet of Tuckahoe (SCTM No's 900-158-3-4, 5 and 6), from Highway Business (HB), to Shopping Center Business (SCB), and (ii) a portion of a fourth parcel (SCTM No. 900-158-3-19) which adjoins the northeasterly side of Magee Street in the Hamlet of Tuckahoe, from Residential (R-20) to Shopping Center Business (SCB); and WHEREAS, the proposed SCB zone would encompass a total of 7.2569 acres and would facilitate redevelopment of the site to construct a 40,000 square-foot supermarket, an 8,400 square-foot building and a 6,600 square-foot building for supporting retail and commercial uses and a 3,500 square-foot bank with 217 proposed parking spaces and a 46,488 sq. ft. access easement as shown on the Proposed Concept Plan of Tuckahoe Center, prepared by The Raynor Group dated February 3, 2012 and last revised .luly 2, 2012; and WHEREAS the proposed Change of Zone is a Type [ Action pursuant to the State Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and WHEREAS on August 28, 2012, by Resolution No. 893, the Town Board commenced the SEQRA process to coordinate lead agency; and WHEREAS the coordinated review process was conducted pursuant to SEQRA with no other [nvolved Agency requesting Lead Agency status; and WHEREAS on October 9, 2012, by Resolution No. 2012-1004, the Town Board assumed lead agency for the purpose of SEQRA review; and WHEREAS Southampton Venture, LLC has submitted an Environmental Assessment Form (EAF) Part [, and supplemental materials; and WHEREAS the Town Planning staff reviewed the EAF Part [ and prepared the EAF Parts [[ and [[[ which identifies and evaluates the potential impacts of the proposed action, and the Town Board has reviewed said documentation and considered the magnitude and importance of each impact; and WHEREAS, the Town Board finds that the proposed development may result in a significant adverse impact on the environment; and WHEREAS, pursuant to Article 8 of the Environmental Conservation Law (ECL §8-0109), Generated 10/25/2012 Page 36 Southampton Town Board - Letter Board Meeting of October 23, 2012 "agencies shall use all practicable means to realize the policies and goals set forth in this article, and shall act and choose alternatives which, consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse environmental effects, including effects revealed in the environmental impact statement process"; and WHEREAS, the Town Board as Lead Agency finds that the preparation of an Environmental Tmpact Statement (ETS) will aid in the decision-making process which requires the balancing of competing factors and is the best avenue to evaluate cumulative impacts and alternatives pursuant to SEQRA guidelines; now therefore be it RESOLVED, the Town Board of the Town of Southampton as Lead Agency hereby adopts a Positive Declaration pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and be it further RESOLVED, that any public scoping will be scheduled by separate resolution; and be it further RESOLVED, the Town Clerk is directed to file and publish the Positive Declaration pursuant to 6 NYCRR Section 617.12(c) and distribute copies to all involved and interested agencies identified in Resolution 2012-1004 pursuant to 6 NYCRR Section 617.12(b). Financial Tmpact: None RESULT: ADOPTED [UNANTMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Bridget Fleming, Councilwoman AYES: Throne-Hoist, Malone, Scalera, Fleming, Nuzzi Generated 10/25/2012 Page 37