HomeMy WebLinkAboutLL-1991 #24 LOCAL LAW NO. 24 , 1991
A Locai Law in Relation to Coastal Erosion Hazard Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 6 (C'oa-stal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law, the Town of Southold, County of Suffolk, State of New York, hereby
enacts by Local Law No. , 1991, this chapter.
Section 6-2 (Title)
This Chapter shall be known and may be cited as the "Town of
Southold Coastal Erosion Hazard Area Law."
Section 6-3 (Effective Date)
This chapter shall take effect twenty (20) calendar days from the
date of this chapter's adoption and filing pursuant to Section 27 of the
Municipal Home Rule Law, or the date of filing the official maps,
whichever is later.
Section 6-4 (Purpose)
The Town of Southold 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.
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 and to protect
human life.
Co
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.
Restrict public investment ir~: services, facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified.
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.
Section 6-5 (Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
Is prone to erosion from the action of the Long Island Sound,
Gardiners Bay, Long Beach Bay and Orient Harbor. 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.
Bo
Experiences 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, 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.
Experiences erosion-related problems that are often contributed
to by 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 produces by wakes from boats.
Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections'
of the Town of Southold, major erosion protection structures of
great length would be required to effectively reduce future
damages due to erosion.
Section $-6 [Definitions)
The following terms, as used in the chapter, shall have the meanings
indicated, unless the context clearly r~quires otherwise.
ADMINISTRATOR - The local officials responsible for administrating
and enforcing this chapter. The Southold Town
Board of Trustees is hereby designated as the Administrator.
BEACH - The zone of unconsolidated earth that extends landward
from the mean Iow-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 one hundred
(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."
BLUFF - 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 Iow
water. The landward limit is twenty-five (25) feet landward of the
receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (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.)
COASTAL EROSION HAZARD AREA MAP - 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 law.
COASTLINE - The lands adjacent to the
Town of Southold's coastal waters is the coastline.
COASTAL WATERS - Coastal waters are Long Island Sound and its
connecting water bodies, bays, harbors, shallows, and marshes.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
EROSION - 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.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area, or a natural protective feature area.
EROSION PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty,
revetment, breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence
or one where construction has commenced or one where construction
has not begun but for which a building permit has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION - An addition to a structure resulting in a 25
percent or greater increase in the ground area coverage of the
structure other than an erosion protection structure or a pier, dock,
or wharf. The increase will be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTING
STRUCTURE.
MEAN LOW WATER - The approximate average Iow 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.
MOVEABLE STRUCTURE - 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 have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff,
primary dune, secondary dune, or marsh, and their vegetation.
NATURAL PROTECTIVE FEATURE AREA - 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.
NEARSHORE AREA - Those lands under water beginning at the near
Iow water line and extending waterward in a direction perpendicular
to the shoreline to a point where mean Iow water depth is 15 feet. or
to a horizontal distance of 1.000 feet from the mean Iow water line.
whichever is greater,
NORMAL MAINTENANCE - Periodic replacement or repair of same-kind
structural elements or protective coatings which do not change the
size. design or function of a functioning structure. 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 does not require a Coastal Erosion
Management Permit,
PERSON - Any individual, public or private corporation, political
subdivision, government agency, public improvement district,
partnership, association, firm, trust, estate, or any other legal
entity whatsoever.
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes 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 purposes 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 75 feet landward of its
landward toe.
RECEDING EDGE - The most landward line of active erosion or in
cases where there is no discernible line of active erosion, it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate, expressed in feet per year, at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction, modification, restoration
or placement of a structure, or major addition to a structure, or any
action or use of land which materially alters the condition of land,
including grading, excavating, dumping, mining, dredging, filling, or
other disturbance of soil.
RESTORATION - The reconstruction without modification of a
structure, the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. 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.
SECONDARY DUNE - 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 75 feet landward of its landward toe.
SIGNIFICANT FISH AND WILDLIFE HABITAT - 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 Iow 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.
STRUCTURAL HAZARD AREA - 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~ -
STRUCTURE - 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 and above-ground pool; garage;
mobile home; road; public service distribution, transmission, or
collection system; tanks; docks; piers; wharf; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach
nourishment; or any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities which are not
regulated by this chapter include but are not limited to: elevated
walkways or stairways constructed solely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial 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 clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
. program; planting vegetation and sand fencing 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 Section 3112) of the Soil and Water
Conservation Districts Law provided, however, that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
VEGETATION - 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.
TOE - The lowest surface point on a slope face of a dune or bluff.
ARTICLE II
REGULATIONS
Section 6-10 (Areas)
The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within t'he Town of Southold based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the Area are established on the final map prepared by the
New York State Department of Environmental Conservation under Section
34-0104 of the New York State Environmental Conservation Law and
entitled, "Coastal Erosion Hazard Area Map of the Town of Southold",
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
34-0104 of the New York State Environmental Conservation Law.
Section 6-11 [Requirements)
No person may engage in any regulated activity in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold, as amended, without first obtaining a Coastal Erosion
Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A Coastal Erosion Management Permit will be issued only with a
finding by the Administrator that the proposed regulated activity:
Ao
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
Prevents, if possible, or minimizes adverse effects on natural
protective features and their functions and protective values,
existing erosion protection structures, and natural resources.
Section 6-13 (Structural Hazard Area Restriction)
The following restrictions apply to regulated activities within
Structural Hazard Areas:
Ao
A Coastal Erosion Management Permit is required for the
installation of public service distribution, transmission, or
collection systems for gas, electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
The construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowed if ~satisfactory provis~ions are made for their removal.
D. No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
No movable structure may be placed or constructed such that
according to accepted engineering practice, its weight places
excessive groundloading on a bluff.
Fo
Plans for landward relocation of movable structures must be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edge. The last owner of record, as shown on the
latest assessment roll, is responsible for removing that
structure and its foundation, unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
With the attachment of a Removal Agreement to the Coastal
Erosion Management Permit, the landowner or the signatory is
responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
Go
Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure, dune migration, or wave
or ice action must be removed within sixty (60) days of the
damaging event.
Ho
Any grading, excavation, or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-14 (Nearshore Area Restriction)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches, bluffs, or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand, gravel,
and other unconsolidated material for beaches. Sandbars, which are
located in nearshore areas, control the orientation of incoming waves and
promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts, glays, and organic matter to form
a fairly cohesive bottom that resists erosion.
The following restrictions apply to regulated activities in nearshore
areas:
Excavating, grading, mining, or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited,
except construction or maintenance of navigation channels,
bypassing sand around natural and man-made obstructions and
artificial beach nourishment,~ all of which require a Coastal
Erosion Management Permit.
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within
nearshore areas. Any deposition will require a Coastal Erosion
Management Permit.
All development is prohibited in nearshore areas unless
specifically provided for by this local law.
Section 6-15 (Beach Area Restrictions)
Beaches buffer shorelands from erosion by absorbing wave energy
that otherwise would be expended on the toes of bluffs or dunes.
Beaches that are high and wide protect shorelands from erosion more
effectively than beaches that are Iow or narrow. Beaches also act as
reservoirs of sand or other unconsolidated material for longshore littoral
transport and offshore sandbar and shoal formation.
The. following restriction apply to regulated activities in beach areas:
A. Excavating, grading, or mining which diminishes the erosion
protection afforded by beaches is prohibited.
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach
areas. Any deposition will require a Coastal Erosion Management
Permit which may be issued only for expansion or stabilization
of beaches.
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Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
Do
All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-16 {Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High, vegetated dunes provide a greater degree of protection than Iow,
unvegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
areas, their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beachgrass
or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
The following restrictions apply
A. In primary dune areas:
to regulated activities in dune
Excavating, grading or mining of primary dunes is
prohibited.
Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit.
All depositions must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of, or restore a dune or
dune area.
Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the
Department.
Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location, design, and potential impacts of the structure on
the primary dune.
Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes, and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches·
B. In secondary dune areas:
All depositions must be of clean sand of a compatible type
and size, and all grading must be performed so as to
increase the size of, or restore, a dune or former dune
area.
2. Excavating, grading, or mining must not diminish the
erosion protection afforded by them.
3. Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
Permitted construction, reconstruction, restoration, or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune; and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions.
C. All other activities and deveiopments in dune areas are
prohibited unless specifically provided for by this chapter.
D. The ~estrictions of Section 6-17, Traffic Control, apply to dune
areas.
Section 6-17 (Bluff Area Restriction)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
A. The following activities are prohibited on bluffs:
Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
The restrictions of Section 6-17, Traffic Control, apply to
bluffs.
All development unless specifically allowed by Subdivision
6-8 of this chapter.
Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
Soil disturbance that directs surface water runoff over a
bluff face.
B. Activities specifically allowed under this Subdivision are:
Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction, modification or restoration of
an erosion protection structure.
Bluff cuts done in accordance with conditions stated in a
Coastal Erosion Management Permit issued for the provision
of shoreline access, where:
a. Cut is made in a direction perpendicular to the
shoreline.
b. Ramp slope may not exceed 1:6.
Side slopes may not exceed 1:3 unless terraced or
otherwise structurally stabilized.
Side slopes and other disturbed non-roadway areas
must be stabilized .with vegetation or other approved
physical means, r
Completed roadway must be stabilized and drainage
provided for.
o
New construction, modification or restoration of walkways
or stairways done in accordance with conditions of a
Coastal Erosion Management Permit.
Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
Section 6-17 (Erosion Protection Structure Requirements)
The following requirements apply to the construction, modification,
or restoration of erosion protection structures:
A. The construction, modification, or restoration of erosion
protection structures must:
Not be likely to cause a measurable increase in erosion at
the development site or at other locations.
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.
Bo
All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success, 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.
Co
All materials used in such structures 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 wil! be regularly maintained and replaced as necessary
to attain the required 30 years of erosion protection.
A long-term maintenance program must be included with every
permit application of construction, modification, or restoration
of an erosion protection structure. The maintenance program
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs, a bond may be required.
Section 6-18 (Traffic Control)
Motorized and '"non-motorized
restrictions:
traffic must comply with the following
Ao
Motor vehicles must not travel on vegetation, must operate
waterward of the debris line, and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff.
B. Motor vehicle traffic is prohibited on primary dunes, except for
officially designated crossing areas, and on bluffs.
Co
Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
ARTICLE III
EMERGENCY ACTIVITIES
Section 6-71 IApplicability)
' The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety, or welfare, including
preventing damage to natural resources. Whenever emergency activities
are undertaken, damage to natural protective features and other natural
resources must be prevented, if possible, or minimized.
Section 6-22 (Notification to Administrator)
The Administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form, outline
the public health or safety or resource for which protection was sought,
and relate the measures which were taken to secure the protection.
Section 6-23 (Improper or Insufficient Notification)
If the Administrator determines that regulated activity has been
undertaken without a Coastal Erosion Management Permit, and does not
meet the emergency activity criteria, then the Administrator will order
the immediate cessation of the activity. In addition, the Administrator
may require:
Ao
Removal of any structure that was constructed or placed without
a Coastal Erosion Management Permit, and
The return to former conditions of any natural protective
feature that was excavated, mined, or otherwise disturbed
without a Coastal Erosion Management Permit.
ARTICLE IV
VARIANCES AND APPEAL
Section 6-30 [Variances from Standards and Restrictions)
Strict application of the standards and restrictions of this chapter
may cause practical difficulty or unnecessary hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
Bo
All responsible means and measures to mitigate adverse impacts
on natural systems and their functions and values have been
incorporated into the actJvity's design at the property owner's
expense.
C. The development will be reasonably safe from flood and erosion
damage.
Do
The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
Eo
Where public funds are utilized, the public benefits must
clearly outweigh the long-term adverse effects.
Section 6-31 (Format and Procedure)
Any request for a variance must be in writing and specify the
standard, restriction, or requirement to be varied and how the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the applicant.
Section 6-32 (Fees)
Each variance request must be accompanied by the required fee of
$250.00 unless said fees are modified by the Town Board under separate
resolution.
Section 6-33 (Expiration)
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one (1)
year from the date of approval or approval with modifications or
condition. Variances expire at the end of this one
without further hearing or action by the Coastal Erosion
Review.
(1) year period
Hazard Board of
Section 6-3~, (Coastal Erosion Hazard Board of Review)
The Southold Town Board is hereby designated as the Coastal Erosion
Hazard Board of Review and has the authority to:
Ao
Hear, approve, approve with modification or deny request for
variances or other forms of relief from the requirements of this
chapter.
Bo
Hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the
Administrator in the enforcement of this chapter, including any
order requiring an alleged violator to stop. cease and desist.
Section 6-35 (Appeal)
The Coastal Erosion Hazard Board of Review may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination of the
Administrator, including stop or cease and desist orders. Notice of such
decision will forthwith be given to all parties in interest. The rules
and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
All appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by' the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department of Environmental Conservation for his
information.
Co
All appeals must refer to the specific provisions of this
chapter involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims.
Section 6-36 (Appeal to the Court)
Any person or persons, jointly or severely aggrieved by a decision
by the Coastal Erosion Hazard Board of Review or any officer,
department, Board or Bureau of the Town, may apply to the Supreme
Court for review by a proceeding under. Article 78 of the Civil Practice
Law and Rules.
ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-40 (Coastal Erosion Management Permits)
A Coastal EroSion Management Permit will be issued for regulated
activities which comply with the General Standards (6-12). restrictions.
and requirements of the applicable sections of this chapter providing the
following is adhered to:
Ao
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.
A map drawn to a scale no smaller than 1:24.000. showing
the location of the proposed activity.
Any additional information the Administrator may require to
properly evaluate the proposed activity.
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.
Address or location where the activity or operation is to
be conducted.
3. Name and address of permittee.
Permit number and date of issuance.
Period of permit validity. If not otherwise specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
Do
When more than one (1) Coastal Erosion Management Permit is
required for the same property or premises under this chapter.
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.
Eo
A Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance with
the policies and provisions of Article 34 of the Environmental
Conservation law, the Coastal Erosion Management Regulations
implementing Article 34 (6NYCRR Part 505), and the laws and
policies of the Town.
When an application is made ~or a Coastal Erosion Management
Permit, variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit,
variance, hearing, or application procedures required by another
federal, state or local regulatory agency pursuant to any
federal, state, or local law or ordinance, the Zoning
Enforcement Officer shall, at the request of the applicant,
consolidate and coordinate the application, permit, variance and
hearing procedures as required by each regulatory agency into a
single, comprehensive hearing and review procedure. However,
nothing contained in this section shall be deemed to limit or
restrict any regulatory agencies, which are properly a party to
such a consolidated review proceeding, from the independent
exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or
other forms of approval as they may have been granted by law.
In the event the Board determines that an engineer's report is
necessary to assist it in its determination then the Board shall
secure and engineer to evaluate the impact of the application
upon the rate of Coastal Erosion. The fee necessarily attending
to such engineer's services shall be born by the applicant and
shall not exceed two thousand five hundred dollars J$2,500.00).
Section 6-42 (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 ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
Section 6-43 (Administrator)
The authority for administering and enforcing this chapter is hereby
conferred upon the Administrator. The Administrator has the powers and
duties to:
Ao
Apply the regulations, restrictions, and standards or other
provisions of this chapter.
Bo
Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards, r.estrictions and requirements of this chapter,
C. Review and take appropriate actions on completed applications.
D. Issue and sign all approved permits.
Eo
Transmit written notice of violations to property owners or to
other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspectior~s.
H. Serve as the primary liaison with the New York State Department
of Environmental Conservation.
Keep official records of all permits, inspections, inspection
reports, recommendations, actions of the Coastal Erosion Hazard
Board of Review, and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental Conservation.
Jo
Perform normal and customary administrative functions required
by the Town. relative to the Coastal Erosion Hazard Areas Act,
Article 34 of the New York State Environmental Conservation
Law, 6 NYCRR Part 505, and this chapter.
Have, in addition, powers and duties as are established in, or
reasonably implied from this chapter as are necessary to
achieve its stated purpose.
Section 6-~J~ (Interpretation)
The provisions, regulations, procedures, and standards of this
chapter will be held to be the minimum requirements necessary to carry
out the purposes of this chapter.
Section 6-u.5 (Conflicts)
The provisions of this chapter will take precedence over any other
laws, ordinances, or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws,
ordinances, or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Severability)
The provisions of this chapter are severable. If any clause,
sentence, paragraph, subdivision, section or part is adjudged invalid by a
court of competent jurisdiction, the effect, of such order or judgment does
not affect or invalidate any other provisions' of this chapter or their
application to other persons and circumstances.
Section 6-~17 (Environmental Review)
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act
(SEQRI, Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition to information required under this
chapter ~
Section 6-~8 (Violations and Penalties)
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding five thousand dollars ($5,000.00) or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation of this chapter 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 chapter.
ARTICLE VI
AMENDMENT
Section 6-50 (procedure)
The Town Board may, on its motion or on petition, or on
recommendation from the Trustees. amend, supplement or repeal the
provisions, regulations, procedures or standards of this chapter.
When an amendment is duly proposed, the Town Board must:
Ao
Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposeid
amendments and request his advice as to whether such
amendment is subject to his approval, and if so, whether such
amendment conforms to the minimum standards of a certified
program.
Bo
Issue public notice and conduct a hearing on all proposed
amendments. The Town Board, by resolution, must cause notice
of such hearing's time, date, and place to be published in the
official newspaper not less than 10 days prior to the date of
the hearing.
Co
Refer to the proposed amendment at least 30 days prior to the
public hearing, in writing to:
The Trustees. unless initiated thereby, for its review of
the amendment and its report to l~he Town Board of
recommendations thereon, including a full statement of
reasons for such recommendations.
The County Trustees for its review and recommendations
pursuant to Article 12-B. Section 239 of the New York
State General Municipal Law.
Section 6-51 (Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conse~'vation for Certification.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
O~TE: 10/23/91
Local Law Acknowledgment
JUDITH T TERRY
TOWI~ OF sOUTHOLD
TOWN HALL
53095 MAIN RoAD
sOUT~OLD NY 11971
D05-236 (Rev, 6/90)
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing formS will be
forwarded upon request.
t~ocal Law Filing
NEW YOi~K STATE DEPARTHENT OF STATE
162 UASXINGTON AVENUE, ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of lag' should be given a~ amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
~ O f ................................ .5..o..u..th.o.!.d...............................................................
Town
Local Law No ................. ..2.5. .............................. of the year 19 ..9..1....
A local la~' In Relation to Coastal Erosion Hazard Areas
{Insert Title)
Town Board ' the
Be it enacted by the , . ................................................................. o~
c~_~arne of Legislative Body)
C~x
Town
Southold
of ........................................................................ as follows:
Chapter 6 {Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law, the Town of Southold, County of Suffolk, State of New York, hereby
enacts by Local Law No. 22, 1991. this chapter.
Section 6-2 [Title)
This Chapter shall be known 'a~d may
Southold Coastal Erosion Hazard /~rea Law."
be cited as the "Town of-
Section 6-3 [Effective Date)
This chapter shall take effect twenty (20) calendar days from the
date of this chapter's adoption and filing pursuant to Section 27 of the
Municipal Home Rule Law. or the date of filing the official maps.
whichever is later.
Section 6-4 (Purpose)
The Town of Southold hereby assumes the responsibility and
authority to implement and administer a Coastal Erosion Management
(If addilionfil space is needed, attach pages the same size as this sheet, and number each.)
(I)
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.
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 and to protect
human life.
C. Regulate. rfew 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.
Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified.
their construction and operation will minimize or pr:event damage
or destruction to man-made property, private and public
property, natural protective features and other natural
resources.
Section 6-5 { Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
Is prone to erosion from the action of the Long Island Sound,
Gardiners Bay, Long Beach Bay_and Orient Harbor. 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.
Bo
Experiences 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, 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
~ssential public facilities and services.
Exper. iences erosion-related problems that are often contributed
to by 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 produces by wakes from boats.
Do
Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections
of the Town of Southold, maj6r erosion protection structures of
great length would be required to effectively reduce future
damages due to erosion.
Section 6-6 (Definitions)
The following terms, as used in the chapter, shall have the meanings
indicated, unless the context clearly requires otherwise.
ADMINISTRATOR - The local officials responsible for administrating
and enforcing this chapter. The Southold Town
Board of Trustees is hereby designated as the Administrator.
BEACH - The zone of unconsolidated earth that extends landward
from the mean Iow-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 one hundred
(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."
BLUFF - 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 Iow
water. The landward limit is twenty-five (25) feet landward of the
receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (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.)
COASTAL EROSION HAZARD AREA MAP - 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 law.
COASTLINE - The lands adjacent to the
Town of Southold's coastal waters is the coastline.
COASTAL WATERS -- Coastal waters are Long Island Sound and its
connecting water bodies, bays, harbors, shallows, and marshes.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
EROSION - 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 ['6~fthe action of wind~ runoff of surface waters, or
groundwaters, or groundwater seepage.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area, or a .natural protective feature area.
EROSION' PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty,
revetment, breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence
or one where construction has commenced or one where construction
has not begun but for which a building permit has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION - An addition to a structure resulting in a 25
percent or greater increase in the ground area coverage of the
structure other than an erosion protection structure or a pier, dock,
or wharf. The increase will be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTING
STRUCTURE.
MEAN LOW WATER - The approximate average Iow 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.
MOVEABLE STRUCTURE - 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 have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area. beach, bluff.
primary ~lune. secondary dune. or marsh, and their vegetation.
NATURAL PROTECTIVE FEATURE AREA - 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 Lo replenish storm losses through natural
processes.
NEARSHORE AREA - Those lands under water beginning at the near
Iow water line and extending waterward in a direction perpendicular
to the shoreline to a ooint where mean Iow water depth is 15 feet. or
to a horizontal distance of 1.000 feet from the mean iow water line.
whichever is greater.
NORMAL'MAINTENANCE - Periodic replacement or repair of same-kind
structural elements or protective eoatings which 'do not change the
size. design or function of a functioning structure. 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 does not require a Coastal Erosion
Management Permit.
PERSON - Any individual, public or private corporation, political
subdivision, government agency, public improvement district.
partnership, association, firm. trust, estate, or any other legal
entity whatsoever.
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes 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 purposes 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.
RECEDING EDGE - The most landward line of active erosion or in
cases where there is no discernible line of active erosion, it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate. expressed in feet per year. at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction, modification, restoration
or placement of a structure, or major addition to a structure, or any
action or use of land which materially alters the condition of land.
includi,ng grading, excavating, dumping, mining, dredging, filling, or
other disturbance of soil.
RESTORATION - The reconstruction without modification of a
structure, the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. 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.
SECONDARY DUNE - 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.
SIGNIFICANT FISH AND WILDLIFE HABITAT - 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 Iow 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.
STRUCTURAL~iAZARD AREA - T~hose shorelands located landward of
natural protecl~ive 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.star~ing
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 ~0 times the long-term average annual
recession rate.
STRUCTURE - 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 and above-ground pool; garage;
mobile home; road; public service distribution, transmission, or
collection system; tanks; docks; piers; wharf; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach
nourishment; or any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities which are not
regulated by this chapter include but are not limited to: elevated
walkways or stairways constructed solely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial 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 clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing 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 Section 3[12) of the Soil and Water
Conservation Districts Law provided, however, that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
VEGETATION - 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.
TOE - The lowest surface point on a slope face of a dune or bluff.
ARTICLE II
REGULATIONS
Section 6-10 (Areas)
The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within the Town of Southold based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the Area are established on the final map prepared by the
New York State OeiSartment of Envirdnmental Conservation under Section
34-0104 of the New York State Environ mental Conservation Law and
entitled. "Coastal Erosion Hazard Area Map of the Town of Southold".
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
3L[-0104 of the New York State Environmental Conservation Law.
Section 6-11 {Requirements)
No person may engage in any regulated activity in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold, as amended, without first obtaining a Coastal Erosion
Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A Coastal Erosion Management Permit will be issued only with a
finding by the Administrator that the proposed regulated activity:
~ A. Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
C. Prevents, if possible, or minimizes adverse effects on natural
protective features and their functions and protective values,
existing erosion protection structures, and natural resources.
Section 6-13 (Structural Hazard Area Restriction)
The following restrictions apply to regulated
Structural Hazard Areas:
A. A'Coastal Erosion Management Permit is required for the
activities within
installation of public service distribution, transmission, or
collection systems for gas. electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
B. The construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
C. Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowed if satisfactory provisions are made for their removal.
D. No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
E. No movable structure may be placed or constructed such that
according to accepted engineering practice, its weight places
excessive groundloading on a bluff.
F. Plans for landward relocation of movable structures must be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edge. The last owner of record, as shown on the
latest assessment roll. is responsible for removing that
structure and its foundation, unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
He
With the attachment of a Removal Agreement to the Coastal
Erosion Management Permit. the landowner or the signatory is
responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure, dune migration, or wave
or ice action must be removed within sixty (60) days of the
damaging event. ~
Any grading, excavation, or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-1~ (Nearshore Area Restriction)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches, bluffs, or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand, gravel.
and other unconsolidated material for beaches. Sandbars. which are
located in nearshore areas, control the orientation of incoming waves and
promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts, glays, and organic matter to form
a fairly cohesive bottom that resists erosion.
The following restrictions apply to °regulated activities in nearshore
areas:
A. Excavating, grading, mining, or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited,
except construction or maintenance of navigation channels,
bypassing sand around natural and man-made obstructions and
artificial beach nourishment, all of which require a Coastal
Erosion Management Permit.
B. Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within
nearshore areas. Any deposition will require a Coastal Erosion
Management Permit.
C. All development is prohibited in nearshore areas unless
specifically provided for by this local law.
Section 6-15 (Beach Area Restrictions)
Beaches buffer shorelands from erosion by absorbing wave energy
that otherwise would be expended on the toes of bluffs or dunes.
Beaches that are high and wide protect shorelands from erosion more
effectively than beaches that are Iow or narrow. Beaches also act as
reservoirs of sand or other unconsolidated material for longshore littoral
transport and offshore sandbar and shoal formation.
The following restriction apply to regulated activities in beach areas:
A. Excavating, grading, or mining which diminishes the erosion
~ protection afforded by beaches is prohibited.
clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach
areas. Any deposition will require a Coastal .Erosion Management
Permit which may be issued only for expansion or stabilization
of beaches.
Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
D. All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-16 (Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High, vegetated dunes provide a greater degree of protection than Iow,
unvegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
areas, their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beachgrass
or Other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
The following restrictions apply to regulated activities in dune
areas:
In primary dune areas:
1. Excavating. grading or mining of primary dunes is - prohibited.
2. Cle~rY sand of a compati~31e type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit,
All depositions must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of. or restore a dune or
dune area;
Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the
'Department,
Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location, design, and potential impacts of the structure on
the primary dune.
Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes, and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches.
B. In secondary dune areas:
Ail depositions must be of clean sand of a compatible type
and size. and all grading must be performed so as to
increase the size of. or restore, a dune or former dune
area,
Excavating. grading, or mining must not diminish the
erosion protection afforded by them.
Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
10
Permitted construction, reconstruction, restoration, or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune; and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions,
C. All other activities and developments in dune areas are
prohibited unless specifically provided for by this chapter.
D. The restrictions of Section 6-17. Traffic Control. apply to dune
areas.
Section 6-17 (Bluff Area Restriction)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
The following activities are prohibited on bluffs:
Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
2. The restrictions of Section 6-17, Traffic Control, apply to
bluffs.
All development unless specifically allowed by Subdivision
6-8 of this chapter.
Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
Bo
5. Soil disturbance that directs surface water runoff over a
bluff face.
Activities specifically allowed under this Subdivision are:
Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction, modification or restoration of
an erosion protection structure.
Bluff cuts done in accordance with conditions stated in a
Coastal Erosion Management Permit issued for the provision
of shoreline access, where:
ao
Cut is made in a direction perpendicular to the
shoreline.
11
do
Section 6-17 (Erosion Protection Structure Requirements)
The following requirements apply to the construction.
or restoration of erosion protection structures:
Ramp slope may not exceed 1:6.
Side slopes may not exceed 1:3 unless terraced or
otherwise structurally stabilized.
Side slopes and other disturbed non-roadway areas
must be stabilized with vegetation or other' approved
physical means.
e. Completed roadway must be stabilized and drainage
provided for.
New construction, modification or restoration of walkways
or stairways done in accordance with conditions of a
Coas~t~al Erosion Management Permit.
Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
modification.
A. The construction, modification, or restoration of erosion
protection structures must:
1. Not be likely to cause a measurable increase in erosion at
the development site or at other locations.
2. Minimize. and if possible, prevent adverse effects upon
natural-protective features, existing erosion protection
structures, and natural ~esources such as significant fish
and wildlife habitats.
All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success, 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.
C. All materials used in such structures 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 attain the required 30 years of erosion protection,
D. A long-term maintenance program must be included with every
permit application of construction, modification, or restoration
of an erosion protection structure, The maintenance program
12
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs, a bond may be required,
Section 6-18 (Traffic Control)
Motorized and non-motorized traffic must comply
restrictions:
A.
Bo
with the following
Motor vehicles must not travel on vegetation, must operate
waterward of the debris line. and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff,
Motor vebLcle traffic is prohibited on primary dunes, except for
officially ~tesignated crossing areas, and on bluffs.
Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
ARTICLE III
EMERGENCY ACTIVITIES
Section 6-21 [Applicability)
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety, or welfare, including
preventing damage to natural resources. Whenever emergency activities
are undertaken, damage to natural protective features and other natural
resources must be prevented, if possible, or minimized.
Section 6-22 [Notification to Administrator)
The Administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description-must be in written form. outline
the public health or safety or resource for which protection was sought.
and relate the measures which were taken to secure the protection.
Section 6-23 [Improper or Insufficient Notification)
If the Administrator determines that regulated activity has been
undertaken without a Coastal Erosion Management Permit. and does not
meet the emergency activity criteria, then the Administrator will order
the immediate cessation of the activity. In addition, the Administrator
may require:
A. Removal of any structure that was constructed or placed without
a Coastal Erosion Management Permit. and
13
The return to former conditions of any natural protective
feature that was excavated, mined, or otherwise disturbed
without a Coastal Eros'~on Management Permit.
ARTICLE IV
VARIANCES AND APPEAL
Section 6-30 (Variances from Standards and Restrictions)
Strict application of the standards and restrictions of this chapter
may cause practical difficulty or unnecessary hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the fotlowing criteria are; met:
A. No reasonable, prudent, alternative site is available.
B. All responsible means and measures to mitigate adverse impacts
on natural systems and their functions and .values have been
incorporated into the activity's 'design at the property owner's
expense,
C. The development will be reasonably safe from flood and erosion
damage.
D. The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
E. Where public funds are utilized, the public benefits must
clearly outweigh the long-term adverse effects.
Section 6-31 (Format and Procedure)
~ Any request for a variance must be in writing and specify the
standard, restriction, or requirement to be varied and how the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the applicant. ~
Section 6-32 (Fees)
Each variance request must be accompanied by the required fee of
$250.00 unless said fees are modified by the Town Board under separate
resolution.
Section 6-33 (Expiration)
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one
year from the date of approval or approval with modifications or
condition. Variances expire at the end of this one (1) year period
14
without further hearing or action by the Coastal Erosion Hazard Board of
Review.
Section 6-34 (Coastal Erosion Hazard Board of Review)
The Southold Town Board is hereby designated as the Coastal Erosion
Hazard Board of Review and has the authority to:
Ao
Hear. approve, approve with modification or deny request for
variances or other forms of relief from the requirements of this
chapter.
Bo
Hear and decide appeals where it is alleged there is error in
any order~ requirement, decision, or determination made by the
Administr~ator in the enforcement of this chapter, including any
order requiring an alleged violator to stop, cease and desist.
Section 6-35 (Appeal)
The Coastal Erosion Hazard Board of Review may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination of the
AdministratOr, including stop or cease and desist orders. Notice of such
decision will forthwith be g~ven to all parties in interest. The rules
and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
Co
All appeals made to the Coastal Erosion Hazard Board of Review
must.be in writing on standard forms prescribed by the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department-of Environmental Conservation for his
information.
All appeals must refer to the specific provisions of this
chapter involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims. ~-
Section 6-36 (Appeal to the Court)
Any person or persons, jointly or severely aggrieved by a decision
by the Coastal Erosion Hazard Board -of Review or any officer.
department. Board or Bureau of the Town. may apply to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
law and Rules.
15
ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-~0 (Coastal Erosion Management Permits)
A Coastal Erosion Management Permit will be issued for regulated
activities which comply with the General Standards (6-12). restrictions.
and requirements of the applicable sections of this chapter providing the
following is adhered to:
A. The~application for a Coastal Erosion Management Permit must be
made upend, the form provided~ by the Administrator and must
include the following minimum information:
1. A description of the proposed activity.
2. A map drawn to a scale no smaller than 1:24.000. showing
the location of the proposed activity.
3. Any additional information the Administrator may require to
properly evaluate the proposed activity.
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.
3. Name and address of permittee.
Permit number and date of issuance.
Period of permit validity. If not otherwise Specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
When more than one (1) Coastal Erosion Management Permit is
required for the same property or premises under this chapter.
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.
16
E. A Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance with
the policies and provisions of Article 34 of the Environmental
Conservation Law. the Coastal Erosion Management Regulations
implementing Article 34 16NYCRR Part 505). and the laws and
policies of the Town.
F. When an application is made for a Coastal Erosion Management
Permit. variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit.
variance, hearing, or application procedures required by another
federal, state or local regulatory agency pursuant to any
federal, state, or local law or ordinance, the Zoning
Enforcemefft Officer shall, at'the request of the applicant.
consolidate and coordinate the application, permit, variance and
hearing: procedures as required by each regulatory agency, into a
single, comprehensive hearing'and review procedure. However.
nothing contained in this section shall be deemed to limit or
restrict any regulatory agencies, which are properly a party, to
such a consolidated review proceeding, from the independent
exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or
other forms of approval as they may have been granted by law.
G. In the ;event the Board determines that an engineer's report is
necessary to assist it in its determination then the Board shall
secure' and engineer to evaluate the impact of the application
upon the rate of Coastal Erosion. The fee necessarily attending
to such engineer's services shall be born by the applicant and
shall not exceed two thousand five hundred dollars ($2o500.00).
Section 6-~.2 (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 ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
Section 6-43 (Administrator) ~
The authority for administering and enforcing this chapter is hereby
conferred upon the Administrator. The Administrator has the powers and
duties to:
A. Apply the regulations, restrictions, and standards or other
provisions of this chapter.
B. Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards, restrictions and requirements of this chapter.
17
C. Review and take appropriate actions on completed applications.
D. Issue and sign' all approved permits.
E. Transmit written notice of violations to property owners or to
other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
Ho
Serve as the primary liaison with the New York State Department
of Environmental Conservation.
Keep official records of all permits, inspections, inspection
reports, recommendations, actions of the Coastal Erosion Hazard
Board of Review, and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental Conservation.
Jo
Perform normal and customary administrative functions required
by the Town. relative to the Coastal Erosion Hazard Areas Act.
Article '34 of the New York State Environmental Cdnservation
Law. 6 NYCRR Part 505. and this chapter.
Ko
Have. in addition, powers and duties as are established in. or
reasonably implied from this chapter as are necessary to
achieve its stated purpose.
Section 6-~ { Interpretation)
The provisions, regulations, procedures, and standards of this
chapter will be held to be the minimum requirements necessary to carry
out the purposes of this chapter.
Section 6-45 { Conflicts)
The provisions of this chapter will take precedence over any other
laws, ordinances, or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws,
ordinances, or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Seve~ability)
The provisions of this chapter are severable, if any clause.
sentence, paragraph, subdivision, section or part is adjudged invalid by a
court of competent jurisdiction, the effect of such order or judgment does
not affect or invalidate any other provisions of this chapter or their
application to other persons and circumstances.
18
Section 6-47 { Environmental Review)
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act
ISEQR), Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition to information required under this
chapter.
Section 6-~8 (Violations and Penalties)
A violation of this .chapter is hereby declared to be an offense
punishable by a fine not exceeding five thousand dollars ($5.000.00) or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation':~of this chapter 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 chapter.
ARTICLE VI
AMENDMENT
Section 6-50 (procedure)
The Town Board may, on its motion or on petition, or on
recommendation from the Trustees, amend, supplement or repeal the
provisions, regulations, procedures or standards of this chapter.
When
an amendment is duly proposed, the Town Board must:
Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposed
amendments and request his advice as to whether such
amendment is subject to his approval, and if so, whether such
amendment conforms to the minimum standards of a certified
program.
Issue public notice and conduct a hearing on all proposed
amendments. The Town Board. by resolution, must cause notice
of such hearing's time. date. and place to be published in the
official newspaper not less than 10 days prior to the date of
the hearing.
Refer to the proposed amendment at least 30 days prior to the
public hearing, in writing to:
The Trustees, unless initiated thereby, for its review of
the amendment and its report to the Town Board of
recommendations thereon, including a full statement of
reasons for such recommendations·
19
The County Trustees for its review and recommendations
pursuant ~to Article 12-B. Section 239 of the New York
State General Municipal Law.
Section 6-51 ( Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conservation for Certification.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
2O
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
! hereby certify that the local law annexed hereto, designated as local law No. 22 of 1991
of the (Cx0~y)(~l~)(Town)Cgi~tq~ of Southold was duly passed by the
Town Board ~ on October 8, 19 91, in accordance with the applicable provisions of law.
(Name of Legislative Body}
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the tQ~I law annexed hereto, designated as local law No.
of the (County)(City)(Town)-(Village) of
. on 19
{Name of Legislative Body}
disapproval) by the and was deemed duly adopted on
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
of 19
was duly passed 1~ y the
· and was (approved)(not disapproved)(repassed after
19
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, desigriated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local law was
(Elective Chief Executive Officer*)
sUbmitted to the people by reason of a (mandatory)(permissive) referendum· and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No, of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body}
disapproval) by the on 19 Such local law was subject to
(Elective Chief Executive Officer*}
permissive referendum and no valid petition requesting such referendum was filed as of 19 ,
in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power .to approve or veto local
. laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)'
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
· of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19 , became operative.
6. (County local law concerning adoption of Charter.)
I ~hereby certify that the local law annexed hereto, designated as local law No. of 19
o~ the County of , State of New York, having been submitted to
the electors at the General Election of November 19 , pursuant to subdivisions 5 and 7 of
se~ti0n 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
0f Said county considered ~:a unit voting at said general election, became operative.
(If ~any other authorized form of final adoption has been followed, please provide an appropritate certification.)
[ ~urther certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
(Seal)
Judith T.. Terry, Town Clerk
Date: October 9, 1991
Clerk
(Certifi~'ation to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
~ignlture
Matthew G. Kiernan, Assistant Town Attorney
Title
~t~¥xx
~tffx of Southold
Town
Date: October 9, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
October 8, 1991
4:30 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO COASTAL
EROSION HAZARD AREAS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: We have a public hearing this afternoon in relation to a
"Local Law in Relation to Coastal Erosion Harard Areas". At this time Tom Wickham
will read the verification and publication of said Local Law.
COUNCILMAN WICKHAM: "Pubic Notice is hereby given that there has been pre-
sented to the Town Board of the Town of Southold, Suffolk County, New York,
on the 24th day of September, 1991, a Local law entitled, "A Local Law in Relation
to Coastal Erosion Hazard Areas".
Notice is further given that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local law at the Southold Town Hall, Main Road,
Southold, New York, on the 8th day of October, 1991, at 4:30 p.m., at which time
all interested persons will be heard.
The purpose of this proposed "Local Law in Relation to Coastal Erosion Hazard
Areas" is to enable the Town of Southold to assume the responsibility and authority
to implement and administer a Coastal Erosion Management Program within its juris-
diction pursuant to Article 34 of the New York State Environmental Conservation
Law. In addition, it is the purpose of this proposed Local Law 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.
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 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
Pg 2 - PH Coastal Erosion Hazard Areas
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.
D. Restrict public investment in services, facilities or activities which are
likely to encourage new permanent development in erosion hazard areas.
E. Regulate the construction of erosion protection structures in coastal areas
subject to serious erosion to assure that when the construction of erosion protection
structures is justified, 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.
(Legislative Findings) The Town of Southold finds that the Coastal Erosion
Hazard Area:
1. Is prone to erosion from the action of the Long Island Sound, Gardiners
Bay, Long Beach Bay and Orient Harbor. Such erosion may be caused by the
action of waves, currents running along the shore and wind-drive water and ice.
Such areas are also prone to erosion 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.
2. Experiences 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 signifi-
cant economic losses, as do the town and the state, 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.
3. Experiences erosion-related problems that are often contributed to by
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.
4. Is the subject of programs which foster erosion protection structures,
either with private or public funds, which are costly, ofter only partially effective
over time, and may evern be harmful to adjacent or nearby properties. In some
section of the Town of Southold, major erosion protection structures of great length
may be required to effectively reduce future damages due to erosion.
This proposed local law contains the regulations, requirements, general standards,
structural hazard area restrictions, emergency activities, variances and appeal,
administration and enforcement.
The complete text of this proposed Local law are available in the office of
the Town Clerk to any interested persons during business hours.
Dated: September 24, 1991. Judith T. Terry, Southold Town Clerk." This is basically
to protect the area of the Sound frontage of the Town of Southold. I have before
me a legal notice as an affidavit of publication in the The Suffolk Times, published
on October 3, 1991. I have another one from The Traveler-Watchman of the same
date, and I have a notice here from Judith T. Terry, Town Clerk of the Town
of Southold, that this notice has appeared in a most public place in the Town of
Southold, namely the Town Clerk's Bulletin Board here at Town Hall.
SUPERVISOR HARRIS: Thank you, Tom. At this time, are there any members
of the audience, that would like to speak either in favor or against this proposed
Local Law?
TOM SAMUELS: Tom Samuels from Cutchogue. The law before you was passed
by New York State, and would be administered by the DEC, if the town
Pg 3 - PH Coastal Erosion ~azard Areas
decided not to administer the law. Five East End towns and the villages have
decided, with the exception of Easthampton, to administer the law. The concern
of the Town of Easthampton is that as most of you know, their- provision in the
law for denying use of property in some cases, and from rebuilding structures
that are damaged in serious storms. The problem with laws of this kind is the
fear of muncipalities in violating the Taking's Provision of the Fifth Amendment
of the Constitution. I would encourage the Town Board to unanimously vote in
favor of the Town administering this law. There is a consensus, almost universal
consensus in the town, that the DEC has been ineffective in a great many cases
in administrating it's regulations, and rules. The ability of the Town government
to recognize problems before they arise, and knowledge of the historical references
on various properties, in particular the Sound front is a great advantage over
those personel in the DEC, who are unfamilar with our town. We've had problems
in the past with unfamilarity with our town, and I would strongly encourage the
town to administer these rules and regulations. The original draft regulations,
which came out, have been modified to avoid the appearance of the taking by public
agencies. I think the Tom government, or who ever chooses to administer this
law can avoid the appearance of the 'taking, and our townspeople will be much
happier dealing with a local government, then they would the DEC. Thank you.
SUPERVISOR HARRIS: Thank you. Are there any other members of the audience
that would like to speak, either in favor or against this Local Law change? (No
response.) If not, I declare this public hearing closed.
~ ·Judith T. Terry
Southold Town Clerk
A. ilstabiish P. ondards and pro. Sontbeld, major eroslon prmectlon
B D__,-.- in-'' - {be msdnim~' mqnMmnems'seneml
_.__ .._ _~.~. ~m ~ q~su~ ~= standards, structural hazard area
C ...... mow .... ~ _. ~, Peuaudmiqbusbe. banL
structures au n~ pres
deslroyod or damqed de t to
D. Restt~t public inves
E. Refulete the construction af
erosion protection strgcluref
tures is justified, their coudtrd~m
made properly, private and public
properly, nstur, l i,~o~.cdve
and mher named reseueu.
(Lesislative phdinss) T~e Town
of Southold f'mds that the K~stal
· Is prone to erosion from the
ent Harbor. Such erosio;, mey be
renu .r~n. nlns aloes ~e ,h4re
~ waw and ice. SuCh
r~mate~ akm~ the su~mm
STAIT OF NEW
)S~
COUNTY OF SUFFOLK}
~id ~ufl~, ~1~ duly ~or~ ~s t~t ~/~o b Prlncl~l
Clerk or THE SUFFOLK TIMES, 8 Woekly Newspaper,
publbh~ at Mattltuc~ in t~ Town of SouthoM, ~un~ of
Suffolk and State of Mew Yo~, ~d t~t the Notice of ~ieh
t~ a~exed b a ~lflt~ ~, ~ b~n r~ula~bll~ In
said Newspaper once each week for / weeks
succes~vely, commencing on the ~ day of
of Mattltuck, In
PrincipalClerk
Sworn to before me thb ~
DOEIB MME m
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there has
been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on
the 24th day of September, 1991,
a Local.Law entitled, "A Local
Law h Rdation to Coastal Ere.
sion Hazard Are~."
NOTICE IS FURTHER
GIVEN that the Term Board of
the Town of Southold will hold
a puMle hearing on the aforesaid
Local Law at the Southold Town
Hall, Main Road, Southold,
New York, on ~he gill da~ of O~-
tobet, 1991, at 4'-.m0 PM., at
which time all interested persons
will be heard.
The purpose of this propos-
ed "Local Law in Relation to
Coastal Erosion Hazard Areas"
is to enable the Town of
Southold to assume the ~spon-
sibility and authority to imple-
ment and administer a Coastal
Erosion Management Program
within its jurisdiction pursuant
to Article 34 of the New York
State Environmental Consarva-
tion Law. In addition, it is the
purpose of this proposed Local
Law to:
A. Establish standards and
procedures for minimizing and
preventing damage to structure
' from coastal flooding and ero-
sion and to protect natural pro-
tective features and other
natusal ~sources.
B. Regulate, in coastal areas
~subject to coastal flooding and
erosion, land use and develop-
ment activities so as to minimize
or prevent damage or destrue-
tion to man-made property,
natural protective features and
other natural resources and to
protect human lif~ ~
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
dnmn_~ed due to improper siting,
as well as to prevent damage to
natural protective features and
other naCre'al resource, .........
D. Restrict public investment
i~ae~, facilities, or activities
which are likely to encourage
new permanent development in
erosion hazard areas.
E. Regulate the construction
of erosion protection structures
in coastal areas subject to
serious erosion to assure that
when the construction of ero-
sion protection structures is
justified, their construction and
operation will minimize or pre-
vent damage or destruction to.
man-made property, private and
public property, natosal protec-
tive features and other natural
(Legislative Findings) The
Town of Southold f'mds that the
Coastal, Erosion Hazard Area:
1. Is prone to erosion ~om the
action of the Long Island
Sound, Oardiners Bay, Long
Beach Bay and Orient Harbor.
Such erosion may be caused by
the action of waves, current run-
ning nioag the shore and wind-
driven water and ic~ Such areas
are also prone to erosion by the
wind, runoff or rainwater along
the surface of the land or
groundwater seepage, as well as
by human activities such as con-
stroction, navigation and certain
forms of recreation.
2. Experiences coastal erosion
which causes extensive damage
to publicly and privately owned
property and to natural
resources, as well as endanger-
ing human lives. When this oc-
curs, individuals and private
businesses suffer significant
economic losses, as do the town
and the state, either directly
through property damage or in-
directly through loss of
economic ~torn. Large public
expenditures may also be
nece~sitatad fo~ the removal of
debris and damaged structures
anti replacement of essential
puhiic facilities and services.
3. Experiences erosion-related
problems that are often con-
tributed to by building without
consideriag the potantiai for
damage to property, by under-
taking activities which destroy
natural protective features such
as dunes or vegetation, by
building structures intended for
erosion prevention which may
~acerbate emsinn coffditions on
adjacent or nearby property and
by water action produced by
wakes from boats.
4. Is the subject of programs
which foster erosion protection
structures, either with private or
public funds, which are costly,
often only partially effective
~over time, and may even be
harmful to adjacent or nearby
COUN'I Y OF 5UI:FO~
· C;'l'A'l'l~ OF NEW YORK
?,~tricia Wood, being duly sworn, says that she is the
£clito~, of THE LONG ISLAND TRAVELER-WATCHMAN,
public newspaper printed at Southold, in Suffolk County;
;mci lhat the nolice oF which the annexed is a printed copy,
Il,iS ht!cI] pul)lished itl smd LolU: Island 'l'raveh:r-W;llchm;u~
success rely, commench~goa the ........... ~ .........
clay oF October 19 91
Swllra tll heFiirc me this ~'-'~ ~
October 19 91
Nol~ry Public
B^RB^R^ ^. SCHneIDER
~OTARY PUDUC, S~te of New York
No. 4806846
Oua]~iierl in SuHoI~ Cognty~
Commission Expires ~3~2~
p~es. In some sections of
tl~,T~Vn of Southold, major
erosl~ff'protecrion structures of
great length would be r~luired
to effectively reduce future
damges due to erosion.
This proposed local law con-
tains the regulations, re-
quirements, general standards,
structural hazard area restric-
tions, emergency activities,
variances and appeal, ad-
ministration and enforcement.
The complete text of this pm-
the office of the 'l~vn Clzrk to
any interested persons during
business hours.
· DATED: September 24, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLBRg
1X-10/3/91(1 !
l
November 6, 1991
. T6 -if?-
~
...
~
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"- ,
New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233
Mr. Scott Harris, Supervisor
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11791
RECEIVED
NOV 8 1991
Thomas C. Jorling
Commissioner
SouthokI r "WOl ('Ietlt
Dear Mr. Harris:
I am pleased to transmit a copy of Commissioner Jorling's
certification and approval of the Town of Southold's coastal
erosion hazard area management program. with this certification,
the Town of Southold is hereby authorized to implement the
purposes and policies of ECL Article 34 and 6NYCRR Part 505
through administration of Local Law No. 24 of 1991, entitled,
"Town of Southold Coastal Erosion Hazard Areas Law".
Please keep in mind that Commissioner Jorling has approved
the package of materials transmitted to him on October 9, 1991;
and two submittals dated September 16, 1991 and October 10, 1991,
ensuring this office that the Town will administrate and enforce
the purposes and policies of Article 34 and minimum standards of
6 NYCRR Part 505. Any amendments to the Town of Southold's
coastal erosion hazard area management program that relate to the
minimum standards of 6NYCRR Part 505.17(a) will require approval
by the Commissioner of DEC (ECL 34-0105(4)).
If you or anyone involved in the administration of the Town
of Southold's local coastal erosion hazard area management
program has questions or needs technical assistance, please
contact a DEC coastal erosion management staff member in stony
Brook at (516) 751-7900 or in Albany at (518) 457-3157.
We look forward to working with the Town of Southold in the
management of its important coastal resources.
sincerely,
~~
C ~ . -/, . /j
willlam W. ~'- .
Chief
Coastal Erosion Management section
Enclosure
cc: Raymond Cowen, III, DEC; Bill Southard, DEC; Roger Evans,
DEC; Tim Cooke, DEC; Susan Quine, DEC; Judith Terry,
Southold; John Bredemeyer, III, Southold; Harvey Arnoff,
Southold; Matthew Kiernan, Southold; Chairperson, Southold
Town Planning Bd.; Lee Koppleman, LIRPB; Elizabeth Taibbi,
Suffolk Co.; Patrick Halpin, Suffolk Co.; Arthur Kunz,
Suffolk Co.; Juliette Kinselle, Suffolk Co. RSouthold.016
.'
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.
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STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
--------------------------------------------------------------~
In the Matter of the Application of the
TOWN OF SOUTHOLD
FINDINGS AND
DECISION
for Approval of a Local Program
Implementing Article 34 of the
Environmental Conservation Law, the
Coastal Erosion Hazard Areas Act
--------------------------------------------------------------~
WHEREAS it is the policy of New York State under Article 34 of the
Environmental Conservation Law ("ECL"), the Coastal Erosion Hazard Areas Act
("Act"), to identify those areas of New York's coastline most prone to damage from
erosion, and to regulate activities, development and other actions in such areas so as to
protect natural protective features and to prevent or reduce erosion impacts; and
WHEREAS in accordance with my August 29, 1988 Order issued pursuant to
ECL ~34-0104, the final identification of coastal erosion hazard areas for the Town of
Southold was filed on September 14, 1988; and
WHEREAS the Act provides for the implementation of its regulatory
I requirements by local governments in the first instance; and
I WHEREAS ECL ~34-0105 requires the Commissioner of Environmental
i:
I Conservation to review and certify local laws or ordinances for consistency with the
I
"
I; purposes of the Act and with minimum standards promulgated by the Department
I
pursuant to ECL ~34-0108 and set forth in 6NYCRR Part 505; and
1 -
-
.
.
.
WHEREAS Department staff have reported to me the result of their review of:
(1) Local Law #24 of 1991 of the Town of Southold adopted by the Southold Town
Board on October 8, 1991 entitled, "Town of Southold Coastal Erosion Hazard Areas
Law", and certified by Town Clerk Judith T. Terry on October 9, 1991; and (2) two
submittals, dated September 16, 1991 and October 10, 1991, addressing the Town's
administrative and enforcement capacity as required under9505.16; and
WHEREAS I find that such local law contains substantive and procedural terms
which are consistent with the Act and Part 505 and which fulfill the necessary standards
therein; and
WHEREAS I find that the Town of Southold has the administrative capacity to
regulate coastal erosion hazard areas within its jurisdiction in a manner consistent with
the Act and Part 505; and
WHEREAS approval of such local program will serve compelling interests,
including protection of the resource and advancement of the salutary purposes of the
Act;
NOW THEREFORE pursuant to ECL 934-0105 and in accordance with the
foregoing findings, I hereby approve the local coastal erosion hazard area management
program of the Town of Southold.
Dated: Albany, New York
~. i 1991
,
I
I
I
I
I
Thomas C. Jorl"
Department of nvironmental
Conservation of the State of
New York
.
B:Southold.023
.
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.
HARVEY A. ARNOFF
Town Attorney
SCOTT L. HARRIS
Supervlsor
MATTHEW G. KIERNAN
Assistant Town Attorney
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765.1823
Telephone (516) 765.1800
..-....
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTH OLD
October 9. 1991
CERTIFIED MAIL
RETURN RECEIPT
Boyd Kaler
Water Program Specialist
Coastal Erosion Management Section
New York State DEC
50 Wolff Road
Albany. NY 12233
Re: Coastal Erosion Hazard Areas Management Program
Dear Mr. Kaler:
With regard to the Town of Southold's Local Law in relation to "Coastal
Erosion Hazard Areas" enclosed herewith. please find a certified copy of a
resolution adopted by the Town Board of the Town of Southold on October 9.
1991. I have also enclosed a certified copy of the Local Law which was adopted
by the Town Board on October 8. 1991 as well as a certified copy the affidavit of
publication in the Long Island Traveler-Watchman of a public hearing on the
proposed Local law, and The Suffolk Times, the official newspaper of the Town.
Kindly have the Commissioner review and certify this Local Law and notify us
us as soon as we may implement this Coastal Erosion Hazard Areas Management
Program in the Town of Southold.
Should you have any questions. please feel free to contact me.
ff:.rr~1 DUlY yours.
~w C. i~~
Matthew G. Kiernan
Assistant Town Attorney
MGK:mls
Enclosures
cc: Judith T. Terry, Town Clerk
)
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 8, 1991:
WHEREAS, by enacting Local Law N<l. 24 of 1991, entitled "Town of
Southold Coastal Erosion Hazard Areas Law", on October 8, 1991, the Town
Board of the Town of Southold has assumed the responsibility of
implementing a Coastal Erosion Management Plan within its jurisdiction
pursuant to Article 34 of the New York State Environmental Conservation
Law; and
WHEREAS, the aforementioned Local Law must be approved and certified by
the Commissioner of the New York State Department of Environmental
Conservation, who requires, prior to its certification, a resolution of the
Town Board that it will enforce the purposes and policies of said Local Law,
and that it will investigate all reports of violations and prosecute same
thereunder; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby reaffirms
its commitment to enforce the purposes and policies of Local Law No. 24 of
1991, entitled "Town of Southold Coastal Erosion Hazard Areas Law"; and
be it
FURTHER RESOLVED that the Town will investigate all reports of violations
and prosecute violations thereunder where warranted.
4h,h.;/~~
~""T. Terryur
S<luthold Town Clerk
October 10, 1991
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
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Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
.. OFFICE OF 'THE TOWN CLERK
TOWN OF SOUTHOLD
October 9, 1991
General Code Publishers Corp.
72 Hinchey Road
Rochester, New York 111624
Re: Town of Southold Code
Local Law No. 24 " 1991
Dear Sirs:::
.
Transmitted herewith is Local Law No. 24 - 1991, "A Local Law in
Relation to Coastal Erosion Hazard Areas".
Please make the appropriate insertion in the Southold Town Code.
Thank you.
Very truly yours,
~~
Judith T. Terry
Southold Town Clerk
Enclosure (1)
. ,
.
.
JUDITH T. TERRY.
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 8, 1991:
WHEREAS, a proposed Local Law No. 24 - 1991 entitled, "A Local Law in Relation
to Coastal Erosion Hazard Areas", was introduced at a meeting of this Board held
on the 24th day of September, 1991; and
WHEREAS, a public hearing was held on the aforesaid proposed Local Law on the
8th day of October, 1991, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law
No. 24, 1991 which reads as follows:
LOCAL LAW NO. 24 - 1991
..
A Local Law in Relation to Coastal Erosion Hazard Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows;
,
I. Chapter 6 (Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law. the Town of Southold. County of Suffolk. State of New York. hereby
enacts by Local Law No. . 1991. this chapter.
Section 6-2 (Title)
..,....
This Chapter shall be known and may be cited as the "Town of
Southold Coastal Erosion Hazard Area Law."
Sedion 6-3 (Effective Date)
This chapter shall take effect twenty (20) calendar days from the
date of this chapter's adoption and filing pursuant to Section 27 of the
Municipal Home Rule Law. or the date of filing the official maps.
whichever is later.
.
.
Section 6-1J (Purpose)
The Town of Southold hereby assumes the responsibility and
authority to implement and administer a Coastal Erosion Management
Program within its jurisdiction pursuant to Article 31J of New York State
Environmental Conservation Law. In addition. it is the purpose of this
chapter to:
A. Establis~ 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.
B. Reg~late. . in - coastal areas subject to coastal flooding and
erosion. land use and development activities so as to minimize
or pre,,:ent damage or destruction to man-made property, natural
protectIve features and other natural resources 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.
D. Restrict public investment in' services. facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
E. Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified.
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.
Section 6-5 (Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
A.
Is prone to erosion from the action of the Long Island Sound.
Gardiners Bay, Long Beach Bay and Orient Harbor. 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. Experiences 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, 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. Experiences erosion-related problems that are often contributed
to by 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 produces by wakes from boats:
D. Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections
of the Town of Southold. major erosion protection structures of
great length would be required to effectively reduce future
damages due to erosion.
Section 6-6 (Definitions)
The following terms, as used in ~he chapter, shall have the meanings
indicated, unless the context clearly requires otherwise.
ADMINISTRATOR - The local officials responsible for administrating
and enforcing this chapter. The Southold Town
Board of Trustees is hereby designated as the Administrator.
BEACH - 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 one hundred
(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."
BLUFF - 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 twenty-five (25) feet landward of the
receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (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.) .
COASTAL EROSION HAZARD AREA MAP - The final map and any
amendments thereof issued by the Commissioner of the New. York
State Department of Environmental Cons'ervation, which delineates
boundaries of Coastal Erosion Hazard Areas subject to regulation
under this law.
COASTLINE - The lands adjacent to the
Town of Southold's coastal waters is the coastline.
COASTAL WATERS- Coastal waters are Long Island Sound and its
connecting water bodies, bays. harbors, shallows, and marshes.
.
.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
EROSION - 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.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area, or a natural protective feature area.
EROSION PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty,
revetment, breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence~
or one where construction has commenced o'r one where construction
has not begun but for which a building permit has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION - An addition to a structure resulting in a 25
percent or greater increase in the ground area coverage of the
structure other than an erosion protection structure or a pier, dock,
or wharf. The increase will be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTI NG
STRUCTURE.
..
- MEAN LOW WATER - 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.
MOVEABLE STRUCTURE - 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 have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff,
primary dune, secondary dune, or marsh, and their vegeta!ion.
, . .
NATURAL PROTECTIVE FEATURE AREA - 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.
NEARSHORE AREA - Those lands under water beginning at the near
low water line and extending waterward in a direction perpendicular
to the shoreline to a point where 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.
.
.
.
NORMAL MAINTENANCE - Periodic replacement or repair of same-kind
structural elements or protective coatings which do not change the
size, design or function of a functioning structure. A functioning
structure is one which is fully performing as originally c;lesigned at
the time that normal maintenance is scheduled to begin. Normal
maintenance of a structure does not require a Coastal Erosion
Management Permit.
".'
PERSON - Any individual, public or private corporation, political
subdivision, government agency, public improvement district,
partnership, association, firm, trust, estate, or any other legal
entity whatsoever.
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes 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 purposes 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.
RECEDING EDGE - The most landward line of active erosion or in
cases where there is no discernible line of active erosion, it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate, expressed in feet per year, at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction, modification, restoration
or placement of a structure, or major addition to a structure, or any
action or use of land which materially alters the condition of land,
including grading, excavating, dumping, mining, dredging, filling, or
other disturbance of soil.
RESTORATION - The reconstruction without modification of a
structure, the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. 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.
SECONDARY DUNE - 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.
SIGNIFICANT FISH AND WILDLIFE HABITAT - 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.
.
.
STRU'CTURAL HAZARD AREA - Those shore lands 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:'-
STRUCTURE - 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 and above-ground pool; garage;
mobile home; road; public service distribution. transmission. or
collection system; tanks; docks; piers; wharf; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach
nourishment; or any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities which are not
regulated by this chapter include but are not limited to: elevated
walkways or stairways constructed solely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial 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 clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
. program; planting vegetation and sand fencing 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 Section 3(12) of the Soil and Water
Conservation Districts Law provided. however. that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
'.
VEGETATION - 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.
TOE - The lowest surface point on a slope face of a dune or bluff.
"
"
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ARTICLE II
REGULATIONS
Section 6-10 (Areas)
The Coastal Erosion Hazard Art;!a is hereby established to classify
land and water areas within the Town of Southold based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the Area are established on the final map prepared by, the
New York State Department of Environmental Conservation under Section
34-0104 of the New York State Environmental Conservation Law and
entitled, "Coastal Erosion Hazard Area Map of the Town of Southold",
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
34-0104 of the New York State Environmental Conservation Law.
Section 6-11 (Requirements)
No person may engage in any regulated activity' in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold, as amended. without first obtaining a Coastal Erosion
.Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A . Coastal Erosion Management Permit will be issued only with a
finding by the Administrator that the proposed regulated activity:
A. Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
C. Prevents, if possible, or minimizes adverse effects on natural
protective features and their functions and protective values,
existing erosion protection structures, and natural resources.
Section 6-13 (Structural Hazard Area Restriction)
The following restrictions apply to regulated activities within
Structural Hazard Areas:
A. A Coastal Erosion Management Permit is required for the
installation of public service distribution, transmission, or
collection sY!items for gas, electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
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B. The 'construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
C. Permanent foundations may not be attached to movable
structures, and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowedif'satisfactory provis'ions are made for their removal.
D. No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
E. No movable structure may be placed or constructed such that
according to accepted engineering practice, its weight places
excessive groundloading on a bluff.
F.
Plans for landward relocation of movable structures must be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edge. The last owner of record, as shown on the
latest assessment roll. is responsible for removing that
structure and its foundation, unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
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With the attachment of a Removal Agreement to the Coastal
Erosion Management Permit, the landowner or the signatory is
responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
c.
Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure, dune migration, or wave
or ice action must be removed within sixty (60) days of the
damaging event.
H.
Any grading, excavation, or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-14 (Nearshore Area Restriction)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches, bluffs, or dunes ,by causing waves"to collapse
or break. Nearshore areas also function as' reservoirs of sand, gravel,
and other unconsolidated material for beaches. Sandbars, which' are
located in nearshore areas, control the orienta'tion of incoming waves and
promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts, glays, and organic matter to form
a fairly cohesive bottom that resists erosion.
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The following restrictions apply to regulated activities in nearshore
areas:
A. Excavating. grading. mining. or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited.
except construction or maintenance of navigation channels.
bypassing sand around natural and man-made obstructions and
artificial beach nourishment.: all of which require a Coastal
Erosion Management Permit.
B. Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within
nearshore areas. Any deposition will require a Coastal Erosion
Management Permit.
C. All development is prohibited in nearshore areas unless
specifically provided for by this local law.
Section 6-15 (Beach Area Restrictions)
Beaches buffer shorelands from erosion by absorbing wave energy
that otherwise would be expended on the toes of bluffs or dunes.
,Beaches that are high and wide protect shorelands from erosion more
effectively than beaches that are low or narrow. Beaches also act as
reservoirs of sand or other unconsolidated material for longshore littoral
transport and offshore sandbar and shoal formation.
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The. following restriction apply to regulated activities in beach areas:
A. Excavating. grading. or mining which diminishes the erosion
protection afforded by beaches is prohibited.
B. Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach
areas. Any deposition will require a Coastal Erosion Management
Permit which may be issued only for expansion or stabilization
of beaches.
C. Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
D. All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-16 (Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High. vegetated dunes provide a greater degree of protection than low.
unvegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
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areas, their protective value is especially great. The key to
a stable dune system is the establishment and maintenance of
or other vegetation on the dunes and assurance of a
nourishment sand to the dunes.
maintaining
beachgrass
supply of
The following restrictions apply to regulated activities in dune
areas:
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A. In primary dune areas:
1. Excavating, grading or mining of primary dunes is
prohibited.
2. Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit.
3. All depositions must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of, or restore a dune or
dune area.
4. Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the
Department.
5. Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location, design, and potential impacts of the structure on
the primary dune.
6. Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes, and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches.
B. In secondary dune areas:
1. All depositions must be of clean sand of a compatible type
and size, and all grading must be performed so as to
increase the size of. or restore, a dune or former dune
area.
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2. Excavating, grading, or mining must not diminish .the
erosion protection afforded. by them.
3. Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
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4. . Permitted construction, reconstruction, restoration, or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune; and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions.
C. All other activities and developments in dune areas are
prohibited unless specifically provided for by this chapter.
D. The restrictions of Section 6-17, Traffic Control, apply to dune
areas.
Section 6-17 (Bluff Area Restriction)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
A. The following activities are prohibited on bluffs:
1. Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
2. The restrictions of Section 6-17, Traffic Control, apply to
bluffs.
3. All development unless specifically allowed by Subdivision
6-8 of this chapter.
4. Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
5. Soil disturbance that directs surface water runoff over a
bluff face.
B. Activities specifically allowed under this Subdivision are:
1. Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction, modification or restoration of
an erosion protection structure..
2. Bluff cuts done in accordance with conditions stated in a
Coastal .Erosion Management Permit issued for the provision
of shoreline access, where:
a. Cut is made in a direction perpendicular to the
shoreline.
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. b. Ramp slope may not exceed 1 :6.
c. Side slopes may not exceed 1:3 unless terraced or
otherwise structurally stabilized.
d. Side slopes and other disturbed non-roadway areas
must be stabilized :Nith vegetation or other approved
'physical means.
e. Completed roadway must be stabilized and drainage
provided for.
3. New construction, modification or restoration of walkways
or stairways done in accordance with conditions of a
Coastal Erosion Management Permit.
4. Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
Section 6-17 (Erosion Protection Structure Requirements)
The following requirements apply to the construction, modification,
,or restoration of erosion protection structures:
A. The construction, modification, or restoration of erosion
protection structures must:
1. Not be likely to cause a measurable increase in erosion at
the development site or at other locations.
2. 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.
B. All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success, 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. '
C. All materials used in such structures 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 attain the required 30 years of erosion protection.
D. A long-term maintenance program must be included with every
permit application of construction, modification, or restoration
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of an erosion protection structure. The maintenance program
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs. a bond may be required.
Section 6-18 (Traffic Control)
Motorized and"non-motorized traffic must comply with the following
restrictions:
A. Motor vehicles must not travel on vegetation. must operate
waterward of the debris line. and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff.
B. Motor vehicle traffic is prohibited on primary dunes. except for
officially designated crossing areas. and on bluffs.
c. Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
ARTICLE III
EMERGENCY ACTIVITIES
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Section 6-21 (Applicability)
. The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health. safety. or welfare. including
preventing damage to natural resources. Whenever emergency activities
are undertaken. damage to natural protective features and other natural
resources must be prevented. if possible. or minimized.
Section 6-22
(Notification to Administrator)
The Administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form. outline
the public health or safety or resource for which protection was sought.
and relate the measures which were taken to secure the protection.
Section 6-23 (Improper or Insufficient Notification)
If the Administrator determines that regulated activity"'; has been
undertaken without a Coastal Erosion Management Permit. and, does not
meet the emergency activity criteria. then the Administrator will order
the immediate cessation of the activity. In addition. the Administrator
may require:
A. Removal of any structure that was constructed or placed without
a Coastal Erosion Management Permit. and
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B. The' return to former conditions of any natural protective
feature that was excavated. mined, or otherwise disturbed
without a Coastal Erosion Management Permit.
ARTICLE IV
VARIANCES AND APPEAL
Section 6-30
(Variances from Standards and Restrictions)
Strict application of the standards and restrictions of this chapter
may cause practical difficulty or unnecessary. hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
B. All responsible means and measures to mitigate adverse impacts
on natural systems and their functions and values have been
incorporated into the activity's. design at the property owner's
expense.
C. The development will be reasonably safe from flood and erosion
damage.
D. The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
E. Where public funds are utilized, the public benefits must
clearly outweigh the long-term adverse effects.
Section 6-31 (Format and Procedure)
Any request for a variance must be in writing and specify the
standard, restriction, or requirement to be varied and how the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the applicant.
Section 6-32 (Fees)
Each variance request must be accompanied by the required fee of
$250.00 unless said fees are modified by the Town Board under separate
resolution. . _
Section 6-33 (Expiration)
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one (1)
year from the date of approval or approval with modifications or
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condition. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard Board of
Review.
Section 6-34 I Coastal Erosion Hazard Board of Review)
The Southold Town Board is hereby designated as the Coastal Erosion
Hazard Board of Review and has the authority to:
A. Hear. approve. approve with modification or deny request for
variances or other forms of relief from the requirements of this
chapter.
B. Hear and decide appeals where it is alleged there is error in
any order. requirement. decision. or determination made by the
Administrator in the enforcement of this chapter. including any
order requiring an alleged violator to stop. cease and desist.
Section 6-35 I Appeal)
The Coastal Erosion Hazard Board of Review may. in conformity with
.the provisions of this chapter. reverse or affirm. wholly or partly. or
may modify the order. requirement. decision. or determination of the
Administrator. including stop or cease and desist orders. Notice of such
decision will forthwith be given to all parties in interest. The rules
and procedures for filing appeals are as follows:
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A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
B. All appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by' the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department of Environmental Conservation for his
information.
C. All appeals must refer to the specific prOVISions of this
chapter involved. specify the alleged errors. the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims.
Section 6-36 I Appeal to the Court)
Any person or persons. jointly or severely aggrieved by a decision
by the Coastal Erosion Hazard Board qf Review or an')'.. officer.
department. Board or Bureau of the Town. may apply to the Supreme
Court for review by a proceeding under. Article 78 of the Civil Practice
Law and Rules. .
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ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-IJO (Coastal Erosion Management Permits)
A Coastal Erosion Management Permit will be issued for regulated
activities which comply with the General Standards (6-12 L restrictions,
and requirements of the applicable sections of this chapter providing the
following is adhered to:
A. The application for a Coastal Erosion Management Permit must be
made upon the form provided by the Administrator and must
include the following minimum information:
1. A description of the proposed activity.
2. A map drawn to a scale no smaller than 1:2IJ,OOO, showing
the location of the proposed activity.
3. Any additional information the Administrator may require to
properly evaluate the proposed activity.
B. 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.
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C. 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 is;5ued.
2. Address or location where the activity or operation is to
be conducted.
3. Name and address of permittee.
IJ. Permit number and date of issuance.
5. Period of permit validity. If not otherwise specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
D. When more than one (1) Coastal Er<<;>sion Management Permit is
required for the same property or premises under this chapter,
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.
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E. A' Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance with
the policies and provisions of Article 3~ of the Environmental
Conservation Law. the Coastal Erosion Management Regulations
implementing Article 3~ (6NYCRR Part 505). and the laws and
policies of the Town.
F. When an application is made for a Coastal Erosion Management
Permit. variance thereto. or other form of approval required by
this chapter. and such activity is subject to other permit.
variance. hearing. or application procedures required by another
federal. state or local regulatory agency pursuant to any
federal. state. or local law or ordinance. the Zoning
Enforcement Officer shall. at the request of the applicant.
consolidate and coordinate the application. permit. variance and
hearing procedures as required by each regulatory agency into a
single. comprehensive hearing and review procedure. However.
nothing contained in this section shall be deemed to limit or
restrict any regulatory agencies. which are properly a party to
such a consolidated review proceeding. from the independent
exercise of such discretionary authority with respect to the
issuance. denial or modification of such permits. variances or
other forms of approval as they may have been granted by law.
G.
In the event the Board determines that an engineer's report is
necessary to assist it in its determination then the Board shall
secure and engineer to evaluate the impact of the application
upon the rate of Coastal Erosion. The fee necessarily attending
to such engineer's services shall be born by the applicant and
shall not exceed two thousand five hlJndred dollars ($2.500.00).
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Section 6-42 (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 ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
Section 6-43 I Administrator)
The authority for administering and enforcing this chapter is hereby
conferred upon the Administrator. The Administrator has the powers and
duties to:
A. Apply the regulations. restrictions. and standards or other
provisions of this chapter. '.
B. Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards. r.estrictions and requirements of this chapter.
C. Review and take appropriate actions on completed applications.
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D. Issue and sign all approved permits.
E. Transmit written notice of violations to property owners or to
other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
H. Serve as the primary liaison with the New York State Department
of Environmental Conservation.
I. Keep official records of all permits. inspections. inspection
reports. recommendations. actions of the Coastal Erosion Hazard
Board of Review. and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental Conservation.
J. Perform normal and customary administrative functions required
by the Town. relative to the Coastal Erosion Hazard Areas Act.
Article 34 of the New York State Environmental Conservation
Law. 6 NYCRR Part 505. and this chapter.
K. Have. in addition. powers and duties as are established in. or
reasonably implied from this chapter as are necessary to
achieve its stated purpose.
Section 6-44 (I nterpretation )
The provisions. regulations. procedures. and
chapter will be held to be the minimum requirements
out the purposes of this chapter.
standards of this
necessary to carry
Section 6-45 (Conflicts)
The provisions of this chapter will take precedence over any other
laws. ordinances. or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws.
ordinances. or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Severabi I ity )
The provisions of this chapter are ,severable. If any clause.
sentence. paragraph. subdivision. section or 'part is adjudged invalid by a
court of competent jurisdiction. the effect of such order or judgment does
not affect or invalidate any other provisions of this chapter or their
application to other persons and circumstances.
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Section 6-47 (Environmental Review)
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality. Review Act
(SEQR l. Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition tp information required under this
chapter. .'
Section 6-48 (Violations and Penalties)
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding five thousand dollars ($5,000.00) or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation of this chapter 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 chapter.
ARTICLE VI
AMENDMENT
Section 6-50 (procedure)
The Town Board may, on its motion or on petition, or on
recommendation from the Trustees, amend, supplement or repeal the
prov)sions, regulations, procedures or standards of this chapter.
When an amendment is duly proposed, the Town Board must:
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A. Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposea
amendments and request his advice as to whether such
amendment is subject to his approval, and if so, whether such
amendment conforms to the minimum standards of a certified
program.
B. Issue public notice and conduct a hearing on all proposed
amendments. The Town Board, by resolution, must cause notice
of such hearing's time, date, and place to be published in the
official newspaper not less than 10 days prior to the date of
the hearing.
C. Refer to the proposed amendment at least 30 days prior to the
public hearing, in writing to: ','
1. The Trustees, unless initiated thereby, for its review of
the amendment and its report to the Town Board of
recommendations thereon, including a full statement of
reasons for such recommendations.
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2. . The County Trustees for its review and recommendations
pursuant to Article 12-6. Section 239 of the New York
State General Municipal Law.
Section 6-51 (Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conservation for Certification.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
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Southold Town CI~r.v
October 9, 1991
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 8, 1991:
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the
Southold Town Board, in conducting an uncoordinated review of this unlisted
action, has determined that there will be no significant effect on the
environment.
Description of Action: Proposed "Local Law in Relation to Coastal Erosion
Hazard Areas", which law will implement and administer a Coastal Erosion
Management Program within the Town of Southold pursuant to Article 34 of the
New York State Environmental Conservation Law. The SEQRA evaluation has
been done by the New York State DEC with regard to this law, and they
determined that it is consistent with social, economic and other essential
considerations from among the reasonable alternatives thereto, and the action
is one which minimizes or avoids adverse environmental effects to the maximum
extent practicable.
J/J/;/~~
~'T. Te~
Southold Town Clerk
October 10, 1991
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STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
JUDITH T. TERRY, Town Clerk of the Town of Southold, New York,
being duly sworn, says that on the 26th
day of September
1991
she affixed a notice of which the annexed printed notice is a true copy, in
a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, Southold Town Hall, Main Road,
Southold, New York 11971.
Legal Notice, Notice of Public Hearing on Local Law:
Relation to Coastal Erosion Hazard Areas", 8: 00
October 8, 1991, Southold Town Hall.
"A Local Law in
P.M., Tuesday,
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V" Judith T. Terry
Southold Town Clerk
Sworn to before me this
26th day of
October 1991 .
Au. W-Lh~
Notary Public
JCM:IM. WlI",
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LEGAL NOTICE
NOTICE OF PUBLIC HEARING ON LOCAL LAW
PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to
I the Town Board of the Town of Southold, Suffolk County, New York, on
: the 211th day of September, 1991, a Local Law entitled,. A Local Law in
I
: Relation to Coastal Erosion Hazard Areas..
NOTICE IS FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, Main Road, Southold, New York, on the 8th day of
October, 1991, at 4:30 p.m., at which time all interested persons will be
. heard.
The purpose of this proposed "Local Law in Relation to Coastal Erosion
Hazard Areas" is to enable the Town of Southold to assume the
responsibility and authority to implement and administer a Coastal Erosion
Management Program within its jurisdiction pursuant to Article 311 of the
New York State Environmental Conservation Law. In addition, it is the
purpose of this proposed Local Law 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.
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 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.
D. Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in erosion hazard
areas.
E. Regulate the
coastal areas subject to
of erosion protection
operation will minimize
property, private and
other natural resources.
(Legislative Findings) The Town of Southold finds that the Coastal
Erosion Hazard Area:
construction of erosion protection structures in
serious erosion to assure that when the construction
structures is justified, their construction and
or prevent damage or destruction to man-made
public property, natural protective features and
1. Is prone to erosion from the action of the Long Island Sound,
Gardiners Bay, Long Beach Bay and Orient Harbor. Such erosion may be
caused by the action of waves, currents running along the shore and wind-
drive water and ice. Such areas are also prone to erosion 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.
Page 2 - LL .astal Erosion Hazard Areas .
'I 2. Experiences 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
I businesses suffer significant economic losses, as do the town and the state,
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.
3. Experiences erosion-related problems that are often contributed
to by 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.
4. Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are costly, often
only partially effective over time, and may even be harmful to adjacent or
nearby properties. In some sections of the Town of Southold, major erosion
protection structures of great length would be required to effectively
reduce future damages due to erosion.
This proposed local law contains the regulations, requirements, general
standards, structural hazard area restrictions, emergency activities,
variances and appeal, administration and enforcement.
The complete text of this proposed Local Law are available in the office
of the Town Clerk to any interested persons during business hours.
DATED: September 24, 1991.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
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PLEASE PUBLISH ON OCTOBER 3, 1991, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN
ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorneys
Town Trustees
Conservation Advisory Council
Planning Board
Board of Appeals
Building Department
Town Clerk's Bulletin Board
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New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233
Thomas C, Jorling
Commissioner
July 12, 1991
Mr. Matthew Kiernan, Assistant Attorney
Town of Southold
53095 Main Rd.
Southold, NY 11971
RfQMD
JUl 1 5 199'
SoulIontr! T ~~~ n....lr
Dear Mr. Kiernan:
This letter is a follow-up to our telephone conversation of
July 9, 1991.
I have completed a review of your proposed Coastal Erosion
Hazard Areas Management Program entitled, "Local Law in Relation
to Coastal Erosion Hazard Areas" for the Town of Southold. In
that review I have identified an apparent conflict of interest
between section 6-6 (Definitions) and section 6-34 (Coastal
Erosion Hazard Board of Review). Under definitions the
administrator is the Chairman of the Southold Town Board of
Trustees, while Section 6-34 designates the Town Board of
Trustees as the Coastal Erosion Hazard Board of Review. clearly
the Chairman of the Board of Trustees cannot act as the Program
Administrator, granting or denying permits and then sit as a
member of the Board of Review on appeals to his or their actions.
To avoid this conflict and to have a certifiable Local
Coastal Erosion Hazard Areas Management Program the Town must
designate a different person, such as the Building Inspector,
Code Enforcement Officer, etc., or a different board such as the
Town Planning Board, Town Board or Zoning Board of Appeals.
A specific omission in the Town's program is "Beach Area
Restrictions". I am enclosing section 2.6 (Beach Area
Restrictions), from the DEC's Model Local Law. The requirements
contain within it must be incorporated into your Local Program.
Please be aware that before the commissioner can certify the
Town's Coastal Erosion Hazard Area Management Program we must
have the following additional information as set forth in 6NYCRR
Part 505.16 (b).
a certified copy of the Local Coastal Erosion Hazard Area
Law;
an identification of the person(s) who will administer
the program. Please list address, telephone number,
current title, educational background, relevant work
experience, and their relationship to the local
government (e.g., paid or volunteer, full-time or
part-time, permanent or temporary);
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a descriptio' of the ~~9al government's administrative
capacity to administer its own p'rogram including a step-
by-step di~cussion of how a permit application will be
processed. Such discussion must describe, in
chronological order, what individual or office maintains
~~records after the activity for which the permit is
issued, is completed, and each step between. The
rp~r t .Iu~unction of each step should be described.
./-....., ., i:. ~al\ iden~ification of what person or office will be
~spons1ble for enforcement of the Town's
program;
a resolution that the local government will enforce the
purposes and policies of the act and the minimum
standards of section 505.17 of the Coastal Erosion
Management Regulations; that it will investigate
all reports of violations; and that it will prosecute
violations of its program and terms and conditions of
permits; and
proof of public notice for the hearing on the Local
Law.
To summarize the additional information needed in 6NYCRR
Part 505.16: an identification of the administrator; a detailed
description the Town's capacity to administer its local law; an
identification of the person(s) or office that will enforce the
regulations; and proof of the public notice.
We look forward to reviewing your local program and working
with the Town of Southold in the management of its Coastal
Erosion Hazard Areas. If you have any further questions, I may
be reached at (518) 457-3157.
Sincerely
rf;~ ,.t'~
Boyd Kaler
Water Program Specialist
Coastal Erosion Management Section
cc: Bill Southard, DEC
Roger Evans, DEC
Scott L. Harris, Supervisor, Town of Southold
Judith T. Terry, Town Clerk
A southold.015
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stonns. The roots of aquatic vegetation in nearshore areas
bind fine grained silts, clays, and organic matter to form a
fairly cohesi,'e bottom that resists erosion.
The following restrictions apply to ~egulated activities in
nearshore areas:
a. Excavating, grading, mining, or dredging which diminishes
the erosion protecti~n afforded by nearshore area is
prohibited, except construction or maintenance of
navigation channels, bypassing sand around natural and
man-made obstructions and artificial beach nourishment,
all of which require a Coastal Erosion Management Permit.
b. Clean sand or gravel of an equivalent or slightly larger
grain size is the only material which may be deposited
within nearshore areas. Any deposition will require a
Coastal Erosion Management Permit.
c. All development is prohibited in nearshore areas unless
specifically provided for by this local law.
2.6 Beach Area Restrictions. Beaches buffer shore lands from
erosion by absorbing wave energy that otherwise would be
expended on the toes of bluffs or dunes. Beaches that are high
and wide protect shorelands from erosion more effectively than
beaches that are low or narrow. Beaches also act as reservoirs
of sand or other unconsolidated material for longshore littoral
transport and offshore sandbar and shoal formation.
The following restrictions apply to regulated activities in
beach areas:
a. Excavating, grading, or mining which diminishes the
erosion protection afforded by beaches is prohibited.
b. Clean sand or gravel of an equivalent or slightly larger
grain size is the only material which may be deposited
within beach areas. Any deposition will require a Coastal
Erosion Management Permit which may be issued 0nly for
expansion or stabilization of beaches.
c. Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a
specific wildlife management activity approved in riting
by the DepartJnent.
d. All development is prohibited on beaches unless
specifically provided for by this local law.
2.7 Dune Area Restrictions. Dunes prevent overtopping and store
sand for coastal processes. High, vegetated dunes provide a
greater degree of protection than low, unvegetated ones. Dunes
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HARVEY A. ARNOFF
Town Attorney
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SCOTT L. HARRIS
Supervisor
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Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MATTHEW G. KIERNAN
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
June 19. 1991
Thomas C. Jorling. Commissioner
New York State Department of
Environmental Conservation
Building 40 - SUNY
Stony Brook. New York 11790
Dear Mr. Jorling:
Enclosed herewith. please find a copy of resolution number 29. which was
duly passed by the Town Board of the Town of Southold on Tuesday. June 18.
1991. Therefore. pursuant to Article 34. Section 34-0105 of the Environmental
Conservation Law. I am enclosing a copy of the Town of Southold's proposed Local
Law in relation to Coastal Erosion Hazard Areas for your review.
If same meets with your approval. kindly advise. as there are still several
steps for the Town to take to put this bit of legislation into effect.
Very truly yours.
/
Harvey A,
T ttor;rrey
HAA: mls
Enclosure
cc: Scott L. Harris. Supervisor
Judith T. Terry. Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 18, 1991:
WHEREAS, the Town Board of the Town of Southold wishes to assume the
responsibility and authority to implement and administer a Coastal Erosion
Management Program within its jurisdiction pursuant to Article 34 of the
New York State Environmental Conservation Law; and
WHEREAS, for the Town Board to administer said Coastal Erosion
Management Plan it .must establish standards and procedures to regulate
same; and
WHEREAS, the Southold Town Attorney has drafted a proposed "Local Law
in Relation to Coastal Erosion Hazard Areas" which has met with the
approval of the Town Board, but must be approved by the Commissioner
of the New York State Department of Environmental Conservation before
enactment of same; now, therefore, be it
RESOLVED that the Town
Town Attorney to submit
Erosion Hazard Areas"
Board hereby authorizes and directs the Southold
said proposed "Local Law in Relation to Coastal
to the Commissioner of the New York State
Department of Environmental Conservation for his approval and certification
that said law conforms to the minimum standards of a certified program.
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Judith T. Te~
Southold Town Clerk
June 19, 1991
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SCOTT L. itfJ
Supervisor,
HARVEY A. ARNOFF
Town Attorney
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Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MATTHEW G. KIERNAN
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
INTER-OFFICE MEMORANDUM
FROM THE TOWN ATTORNEY'S OFFICE
TO:
Town Board
i
FROM:
DATE:
RE:
Harvey A. Arnoff, Town Attorney
June 13, 1991
Proposed Local Law in relation to Coastal Erosion Hazard Areas
Please review the annexed proposed Local Law, with regard to the Coastal
Erosion Hazard Areas within the Town of Southold, prior to the next Town Board
meeting so that same can be disseminated, not only to the DEC, but also a formal
notice of adoption of the law can be published, etc.
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LOCAL LAW NO._, 1991
A Local Law in Relation to Coastal Erosion Hazard Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 6 (Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law, the Town of Southold, County of Suffolk, State of New York, hereby
enacts by Local Law No. ,1991. this chapter.
Section 6-2 (Title)
This Chapter shall be known and may be cited as the "Town of
Southold Coastal Erosion Hazard Area Law."
Section 6-3 (Effective Date)
This chapter shall take effect twenty (20) calendar days from the date
of this chapter's adoption and filing pursuant to Section 27 of the
Municipal Home Rule Law, or the date of filing the official maps,
whichever is later.
Section 6-4 (Purpose)
The Town of Southold 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.
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 and to protect
human life.
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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.
D. Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
E. Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified,
their construction and operation will min'mize or prevent damage
or destruction to man-made property, private and public
property, natural protective features and other natural
resources.
Section 6-5 (Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
A. Is prone to erosion from the action of the Long Island Sound,
Gardiners Bay, Long Beach Bay and Orient Harbor. 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. Experiences 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 economics, 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. Experiences 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 produces by wakes from boats.
D. Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections
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of the Town of Southold. major erosion protection structures of
great length would be required to effectively reduce future
damages due to erosion.
Section 6-6 (Definitions)
The following terms. as used in the chapter. shall have the meanings
indicated. unless the context clearly requires otherwise.
ADMINISTRATOR - The local official responsib~ administrating
and enforcing this chapter. Tl.a ChairMaR sf outhold Town
Board of Trustee's is hereby designated as the Administrator.
BEACH - The zone of unconsolidated earth that extends landward
firom 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 one hundred
(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."
BLUFF - 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 twenty-five (25) feet landward of the
receding edge or. in those cases where there is no discernible line
of active erosion. twenty-five (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.)
COASTAL EROSION HAZARD AREA MAP - 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 law.
COASTLINE AND COASTAL WATERS - The lands adjacent to the
Town of Southold's coastal waters is the coastline. Coastal waters
are Long Island Sound and its connecting water bodies. bays.
harbors. shallows. and marshes.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose. windblown. or artificially placed
earth the principal component of which is sand.
EROSION - 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
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of land due to the action of wind, runoff of surface waters, or
groundwaters, or groundwater seepage.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area, or a natural protective feature area.
EROSION PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty,
revetment, breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence
or one where construction has commenced or one where construction
has not begun but for which a building permit has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION - An addition to a structure resulting in a 25
percent or greater increase in the grbund area coverage of the
structure other than an erosion protection structure or a pier, dock,
or wharf. The increase will be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTING
STRUCTURE.
MEAN LOW WATER - 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.
MOVABLE STRUCTURE - 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 have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff.
primary dune, secondary dune, or marsh, and their vegetation.
NATURAL PROTECTIVE FEATURE AREA - 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.
NEARSHORE AREA - Those lands under water beginning at the near
low water line and extending waterward in a direction perpendicular
to the shoreline to a pint where 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.
NORMAL MAINTENANCE - Periodic replacement or repair of same-kind
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structural elements or protective coatings which do not change the
size. design or function of a functioning structure. 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 does not require a Coastal Erosion
Management Permit.
PERSON - Any individual. public or private corporation. political
subdivision. government agency. public improvement district.
partnership. association. firm. trust. estate. or any other legal
entity whatsoever.
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes 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 purposes of this chapter. The waterward limit
of a primary dune is the landward limit of its fronting beach. The
landward limit of the primary dun~ is 25 feet landward of its
landward toe.
RECEDING EDGE - The most landward line of active erosion or in
cases where there is no discernible line of active erosion. it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate. expressed in feet per year. at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction. modification. restoration
or placement of a structure. or major addition to a structure. or any
action or use of land which materially alters the condition of land.
including grading. excavating. dumping. mining. dredging. filling. or
other disturbance of soil.
RESTORATION - The reconstruction without modification of a
structure. the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. 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.
SECONDARY DUNE - 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.
SIGNIFICANT FISH AND WILDLIFE HABITAT - 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.
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STRUCTURAL HAZARD AREA - 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.
STRUCTURE - 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 and above-ground pool; garage;
mobile home; road; public service distribution, transmission, or
collection system; tanks; docks; piers; wharf; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach
nourishment; Ot' any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities which are not
regulated by this chapter include but are not limited to: elevated
walkways or stairways constructed solely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial 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 clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing 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 Section 3( 12) of the Soil and Water
Conservation Districts Law provided, however, that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
VEGETATION - 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.
TOE - The lowest surface point on a slope face of a dune or bluff.
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ARTICLE II
REGULATIONS
Section 6-10 (Areas)
The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within the Town of Southold based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the Area are established on the final map prepared by the
New York State Department of Environmental Conservation under Section
34-0104 of the New York State Environmental Conservation Law and
entitled, "Coastal Erosion Hazard Area Map of the Town of Southold",
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
34-0104 of the New York State Environmental Conservation Law.
Section 6-11 (Requirements)
No person may engage in any regulated activity in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold, as amended, without first obtaining a Coastal Erosion
Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A Coastal Erosion Management Permit will be issued only with a
finding by the Administrator that the proposed regulated activity:
A. I s reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
C. Prevents, if possible, or minimizes adverse effects on natural
protective features and their functions and protective values,
existing erosion protection structures, and natural resources.
Section 6-13 (Structural Hazard Area Restriction)
The following restrictions apply to regulated activities within
Structural Hazard Areas:
A. A Coastal Erosion Management Permit is required for the
installation of public service distribution, transmission, or
collection systems for gas, electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
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B. The construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
C. Permanent foundations may not be attached to movable
structures. and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowed if satisfactory provisions are made for their removal.
D. No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
E. No movable structure may be placed or constructed such that
according to accepted engineering practice. its weight places
excessive goundloading on a bluff.
F. Plans for landward relocation of movable structures must be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edge. The last owner of record. as shown on the
latest assessment roll. is responsible for removing that
structure and its foundation. unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
With the attachment of a Removal Agreement to the Coastal
Erosion Management Permit. the landowner or the signatory is
responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
G. Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure. dune migration. or wave
or ice action must be removed within sixty (60) days of the
damaging event.
H. Any grading. excavation. or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-14 (Nearshore Area Restriction)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches. bluffs. or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand. gravel.
and other unconsolidated material for beaches. Sandbars. which are
located in nearshore areas. control the orientation of incoming waves and
promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts. glays. and organic matter to form
a fairly cohesive bottom that resists erosion.
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The following restrictions apply to regulated activities in nearshore
areas:
A. Excavating, grading, mining, or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited,
except construction or maintenance of navigation channels,
bypassing sand around natural and man-made obstructions and
artificial beach nourishment, all of which require a Coastal
Erosion Management Permit.
B. Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach
areas. Any deposition will require a Coastal Erosion Management
Permit which may be issued only for expansion or stabilization
of beaches.
C. Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the department.
D. All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-15 (Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High, vegetated dunes provide a greater degree of protection than low,
un vegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
areas, their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beachgrass
or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
The following restriction apply to regulated activities in dune areas:
A. I n primary dune areas:
1. Excavating, grading or mining of primary dunes is
prohibited.
2. Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit.
3. All deposition must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of. or restore a dune or
dune area.
4. Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the
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Department.
5. Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location, design, and potential impacts of the structure on
the primary dune.
6. Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes, and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches.
B. In secondary dune areas:
1. All depositions must be of clean sand of a compatible type
and size, and all grading must be performed so as to
increase the size of. or restore, a dune or former dune
area.
2. Excavating, grading, or mining must not diminish the
erosion protection afforded by them.
3. Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
4. Permitted construction, reconstruction, restoration, or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune; and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions.
C. All other activities and developments in dune areas are
prohibited unless specifically provided for by this chapter.
D. The restrictions of Section 6-17, Traffic Control, apply to dune
areas.
Section 6-16 (Bluff Area Restriction)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
A. The following activities are prohibited on bluffs:
1. Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
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2. The restrictions of Section 6-17. Traffic Control. apply to
bluffs.
3. All development unless specifically allowed by Subdivision
6-8 of this chapter.
4. Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
5. Soil disturbance that directs surface water runoff over a
bluff face.
B. Activities specifically allowed under this Subdivision are:
1. Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction. modification or restoration of
an erosion protection structure.
2. Bluff cuts done in accordance with conditions stated in a
Coastal Erosion Management Permit issued for the provision
of shoreline access. where:
a. Cut is made in a direction perpendicular to the
shoreline.
b. Ramp slope may not exceed 1: 6.
c. Side slopes may not exceed 1: 3 unless terraced or
otherwise structurally stabilized.
d. Side slopes and other disturbed non-roadway areas
must be stabilized with vegetation or other approved
physical means.
e. Completed roadway must be stabilized and drainage
provided for.
3. New construction. modification or restoration of walkways
or stairways done in accordance with conditions of a
Coastal Erosion Management Permit.
4. Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
Section 6-16 (Erosion Protection Structure Requirements)
The following requirements apply to the construction. modification.
or restoration of erosion protection structures:
A. The construction. modification. or restoration of erosion
protection structures must:
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1. Not be likely to cause a measurable increase in erosion at
the development site or at other location.
2. 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.
B. All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success. 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.
C. All materials used in su.ch structures 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 attain the required 30 years of erosion protection.
D. A long-term maintenance program must be included with every
permit application of construction. modification. or restoration
of an erosion protection structure. The maintenance program
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs. a bond may be required.
Section 6-1] (Traffic Control)
Motorized and non-motorized traffic must comply with the following
restrictions:
A. Motor vehicles must not travel on vegetation. must operate
waterward of the debris line. and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff.
B. Motor vehicle traffic is prohibited on primary dunes. except for
officially designated crossing areas. and on bluffs. .
c. Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
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ARTICLE III
EMERGENCY ACTIVITIES
Section 6-21 (Applicability)
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health. safety. or welfare. including
preventing damage to natural resources. Whenever emergency activities
are undertaken. damage to natural protective features and other natural
resources must be prevented. if possible. or minimized.
Section 6-22
(Notification to Administrator)
The administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form. outline
the public health or safety or resource for which protection was sought.
and relate the measures which were taken to secure the protection.
Section 6-23 (Improper or Insufficient Notification)
If the administrator determines that regulated activity has been
undertaken without a Coastal Erosion Management Permit. and does not
meet the emergency activity criteria. then the Administrator will order
the immediate cessation of the activity. In addition. the Administrator
may require:
A. Removal of any structure that was constructed or places without
a Coastal Erosion Management Permit. and
B. The return to former conditions of any natural protective
feature that was excavated. mined. or otherwise disturbed
without a Coastal Erosion Management Permit.
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ARTICLE IV
VARIANCES AND APPEAL
Section 6-30
(Variances from Standards and Restriction)
Strict application of the standards and restrictions of the chapter
may cause practical difficulty or unnecessary hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
B. All responsible means and measures to mitigate adverse impacts
on natural systems and their functions and values have been
incorporated into the activity's design at the property owner's
expense.
C. The development will be reasonably safe from flood and erosion
damage.
D. The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
E. Where public funds are utilized, the public benefits must
clearly outweigh the long-term adverse effects.
Section 6-31 (Format and Procedure)
Any request for a variance must be in writing and specify the
standard, restriction, or requirement to be varied and how the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the applicant.
Section 6-32 (Fees)
Each variance request must be accompanied by the required fee of
$250.00 unless said fees are modified by the Town Board under separate
resolution.
Section 6-33 (Expiration)
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one (1)
year from the date of approval or approval with modifications or
condition. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard Board of
Review.
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Section 6-34 (Coastal Erosion Hazard Board of Review) , ,
The Southold Town Board of Trustees is hereby designated as the
Coastal Erosion Hazard Board of Review and has the authority to:
A. Hear, approve, approve with modification or deny request for
variances or other forms of relief from the requirements of this
Chapter.
B. Hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the
Administrator in the enforcement of this chapter, including any
order requiring an alleged violator to stop, cease and desist.
Section 6-35 (Appeal)
The Coastal Erosion Hazard Board of Review may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision. or determination of the
administrator, including stop or cease and desist orders. Notice of such
decision will forthwith be given to all parties in interest. The rules
and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
B. All appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department of Environmental Conservation for his
information.
C. All appeals must refer to the specific provIsions of this
chapter involve, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims.
Section 6-36 (Appeal to the Court)
Any person or persons, jointly or severely aggrieved by a
by the Coastal Erosion Hazard Board . of Review or any
department, Board or Bureau of the Town, may apply to the
Court for review by a proceeding under Article 78 of the Civil
Law and Rules.
decision
officer,
Supreme
Practice
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ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-40 (Coastal Erosion Management Permits)
A Coastal Erosion Management Permit will be issued for regulated
activities which comply with the General Standards (6-121. restrictions,
and requirement of the applicable sections of this chapter providing the
following is adhered to:
A. The application for a Coastal Erosion Management Permit must be
made upon the form provided by the administrator and must
include the following minimum information:
1. A description of the proposed activity.
2. A map drawn to a scale no smaller than 1 :24,000, showing
the location of the proposed activity.
3. Any additional information the administrator may require to
properly evaluate the proposed activity.
B. 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.
C. Permits will be issued by, and bear the name and signature of
the Administrator, and will specify the:
1. Activity or operation for which the permit is issued.
2. Address or location where the activity or operation is to
be conducted.
3. Name and address of permittee.
4. Permit number and date of issuance.
5. Period of permit validity. If not otherwise specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
D. When more than one (1) Coastal Erosion Management Permit is
required for the same property or premises under this chapter.
a single permit may be issued listing all activities permitted
and any construction, restrictions or bonding requirement.
Revocation of a portion or portion of such consolidate permits
will not invalidate the remainder.
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E. A Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance with
the policies and provisions of Article 34 of the Environmental
Conservation Law, the Coastal Erosion Management Regulations
implementing Article 3l! (6NYCRR Part 505), and the laws and
policies of the Town.
F. When an application is made for a Coastal Erosion Management
Permit. variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit.
variance, hearing, or application procedures required by another
federal, state or chapter or ordinance, the Zoning Enforcement
Officer shall, at the request of the applicant, consolidate and
coordinate the application, permit, variance and hearing
procedures as required by each regulatory agency into a single,
comprehensive hearing and review procedure. However, nothing
contained in this section shall be deemed to limit or
restrict any regulatory agencies, which are properly a party to
such a consolidated review proceeding, from the independent
exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or
other forms of approval as they may have been granted by law.
G. In the event the Board determines that an engineer's report is
necessary to assist it in its determination then the Board shall secure
and engineer to evaluate the impact of the application upon the rate of
Coastal Erosion. The fee necessarily attending to such engineer's
services shall be born by the applicant and shall not exceed two thousand
five hundred dollars ($2,500.00).
Section 6-42 (Bonds I
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 ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
Section 6-43 (Administrator I
The authority for administering and enforcing this chapter is hereby
conferred upon the administrator. The administrator has the powers and
duties to:
A. Apply the regulations, restrictions, and standards or other
provisions of this chapter.
B. Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards, restrictions and requirements of this chapter.
C. Review and take appropriate actions on completed applications.
D. Issue and sign all approved permits.
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E. Transmit written notice of violations to property owners or to
other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
H. Serve as the primary liaison with the New York State Department
of Environmental Conservation.
I. Keep official records of all permits, inspections. inspection
reports, recommendations, actions of the Coastal Erosion Hazard
Board of Review, and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental GJnservation.
J. Perform normal and customary administrative functions required
by the Town, relative to the Coastal Erosion Hazard Areas Act,
Article 34 of the New York State Environmental Conservation
Law, 6 NYCRR Part 505, and this chapter.
K. Have, in addition, powers and duties as are established in, or
reasonably implied from this chapter as are necessary to
achieve its stated purpose.
Section 6-44 (I nterpretation )
The prOVISions, regulations, procedures, and
chapter will be held to be the minimum requirements
out the purposes of this chapter.
standards of this
necessary to carry
Section 6-45 (Conflicts)
The provisions of this chapter will take precedence over any other
laws, ordinances, or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws,
ordinances, or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Severability)
The provisions of this chapter are severable. If any clause,
sentence, paragraph, subdivision, section or part is adjudged invalid by a
court of competent jurisdiction, the effect of such order or judgment does
not affect or invalidate any other provisions of this chapter or their
application to other persons and circumstances.
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Section 6-47 (Environmental Review 1
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act
(SEQRI. Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition to information required under this
chapter.
Section 6-48 (Violations and Penalties 1
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding five thousand dollars ($5,000.001 or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation of this chapter 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 chapter.
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ARTICLE VI
AMENDMENT
Section 6-50 (procedure)
The Town Board may. on its motion or on petition. or on
recommendation from the Trustees. amend. supplement or repeal the
provisions. regulations. procedures or standards of this chapter.
When an amendment is duly proposed. the Town Board must:
A. Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposed
amendments and request his advice as to whether such
amendment is subject to his approval. and if so. whether such
amendment conforms to the minimum standards of a certified
program.
B. I ssue public notice and conducts a hearing on all proposed
amendments. The Town Board. by resolution. must
cause notice of such hearing's time. date. and place to be
published in the official newspaper not less than 10 days prior
to the date of the hearing.
C. Refer to the proposed amendment at least 30 days prior to the
public hearing. in writing to:
1. The Trustees. unless initiated thereby. for its review of
the amendment and its report to the Town Board of
recommendations thereon. including a full statement of
reasons for such recommendations.
2. The County Trustees for its review and
recommendations pursuant to Article 12-B. Section 239 of
the New York State General Municipal Law.
Section 6-51 (Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conservation for Certification.
Section 6-52 (Recording)
After an amendment of this chapter has been initially reviewed and
found to be in conformance by the Commissioner of the New York State
Department of Environmental Conservation; completed the public hearing
process and intergovernmental review; been finally approved and adopted
by the Town Board; and been certified by the commissioner; the Town
Clerk will as prescribed by Section 27 of the Municipal Home Rule Law:
A. Record the amended chapter in the Municipal Clerk's Minute
Book and in the Recorded Book of Local Laws.
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B. File the amended chapter within five (5) days after adoption
as follows:
1. One (1) copy in the Town Clerk's office.
2. OU~ IT) e3py III Lilt:: Office 01 L...... at r r. !HI I IIWF"l.
3. Three (3) copies in the Office of the Secretary of State.
4. One (1) copy with the Commissioner of the New York State
Department of Environmental Conservation.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
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Y-LW
HARVEY A. ARNOFF
Town Attorney
SCOTI L. HARRIS
Supervisor
MATIHEW G. KIERNAN
Assistant Town Attorney
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
INTER-OFFICE MEMORANDUM
FROM THE TOWN ATTORNEY'S OFFICE
TO:
Town Board
FROM:
Harvey A. Arnoff. Town Attorney
DATE:
RE:
June 13. 1991
Proposed Local Law in relation to Coastal Erosion Hazard Areas
Please review the annexed proposed Local Law. with regard to the Coastal
Erosion Hazard Areas within the Town of Southold. prior to the next Town Board
meeting so that same can be disseminated. not only to the DEC. but also a formal
notice of adoption of the law can be published. etc.
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LOCAL LAW NO.
. 1991
A Local Law in Relation to Coastal Erosion Hazard Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 6 (Coastal Erosion Hazard Areas) of the Code of the Town of
Southold is hereby adopted to read as follows:
ARTICLE I
GENERAL PROVISIONS
Section 6-1 (Enactment)
Pursuant to the provisions of Article 34 of the New York State
Environmental Conservation Law and Section 10 of the Municipal Home Rule
Law. the Town of Southold. County of Suffolk. State of New York. hereby
enacts by Local Law No. . 1991. this chapter.
Section 6-2 (Title)
This Chapter shall be known and may be cited as the "Town of
Southold Coastal Erosion Hazard Area Law."
Section 6-3 (Effective Date)
This chapter shall take effect twenty (20) calendar
of this chapter's adoption and filing pursuant to
Municipal Home Rule Law. or the date of filing
whichever is later.
days from the date
Section 27 of the
the official maps.
Section 6-4 (Purpose)
The Town of Southold 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.
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 and to protect
human life.
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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.
D. Restrict public investment in services, facilities or activities
which are likely to encourage new permanent development in
erosion hazard areas.
E. Regulate the construction of erosion protection structures in
coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified,
their constr"Jction and operation will minimize or prevent damage
or destruction to man-made property, private and public
property, natural protective features and other natural
resou rces .
Section 6-5 I Legislative findings)
The Town of Southold finds that the Coastal Erosion Hazard Area:
A. Is prone to erosion from the action of the Long Island Sound,
Gardiners Bay, Long Beach Bay and Orient Harbor. 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. Experiences 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 economics, 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. Experiences 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 produces by wakes from boats.
D. Is the subject of programs which foster erosion protection
structures, either with private or public funds, which are
costly, often only partially effective over time, and may even
be harmful to adjacent or nearby properties. In some sections
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of the Town of Southold. major
great length would be required
damages due to erosion.
erosion protection structures of
to effectively reduce future
Section 6-6 (Definitions)
The following terms. as used in the chapter. shall have the meanings
indicated. unless the context clearly requires otherwise.
ADMINISTRATOR - The local official responsible for administrating
and enforcing this chapter. The Chairman of the Southold Town
Board of Trustee's is hereby designated as the Administrator.
BEACH - 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 one hundred
(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. Shore lands subject to
seasonal or more frequent overwash or inundation are considered to
be "beaches."
BLUFF - 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 twenty-five (25) feet landward of the
receding edge or. in those cases where there is no discernible line
of active erosion. twenty-five (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.)
COASTAL EROSION HAZARD AREA MAP - 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 law.
COASTLINE AND COASTAL WATERS - The lands adjacent to the
Town of Southold's coastal waters is the coastline. Coastal waters
are Long Island Sound and its connecting water bodies. bays.
harbors. shallows. and marshes.
DEBRIS LINE - A linear accumulation of waterborne debris deposited
on a beach by storm induced high water or by wave action.
DUNE - A ridge or hill of loose. windblown. or artificially placed
earth the principal component of which is sand.
EROSION - 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
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of land due to the action of wind, runoff of surface waters, or
groundwaters, or groundwater seepage.
EROSION HAZARD AREA - An area of the coastline which is a
structural hazard area, or a natural protective feature area.
EROSION PROTECTION STRUCTURE - A structure specifically
designed to reduce or prevent erosion such as a groin, jetty,
revetment. breakwater, or artificial beach nourishment project.
EXISTING STRUCTURE - A structure and appurtenances in existence
or one where construction has commenced or one where construction
has not begun but for which a building permit has been issued prior
to the effective date of the chapter.
GRADING - A redistribution of sand or other unconsolidated earth to
effect a change in profile.
MAJOR ADDITION - An addition to a structure resulting in a 25
percent or greater increase in the ground area coverage of the
structure other than an erosion protection structure or a pier, dock,
or wharf. The increase will be calculated as the ground area
coverage to be added, including any additions previously constructed
under a Coastal Erosion Management Permit, divided by the ground
area coverage of the "existing structure" as defined in EXISTING
STRUCTURE.
MEAN LOW WATER - 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.
MOVABLE STRUCTURE - 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 have a
permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff,
primary dune, secondary dune, or marsh. and their vegetation.
NATURAL PROTECTIVE FEATURE AREA - 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.
NEARSHORE AREA - Those lands under water beginning at the near
low water line and extending waterward in a direction perpendicular
to the shoreline to a pint where 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.
NORMAL MAINTENANCE - Periodic replacement or repair of same-kind
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structural elements or protective coatings which do not change the
size, design or function of a functioning structure. 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 does not require a Coastal Erosion
Management Permit.
PERSON - Any individual, public or private corporation, political
subdivision, government agency, public improvement district,
partnership, association, firm, trust, estate, or any other legal
entity whatsoever.
PRIMARY DUNE - The most waterward major dune where there are
two or more parallel dunes within a coastal area. Where there is
only one :tune present, it is the primary one. Occasionally one or
more relatively small dune formations e~<ist waterward of the primary
dune. These smaller formations will be considered to be part of the
primary dune for the purposes 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.
RECEDING EDGE - The most landward line of active erosion or in
cases where there is no discernible line of active erosion, it is the
most waterward line of permanent vegetation.
RECESSION RATE - The rate, expressed in feet per year, at which
an eroding shoreline moves landward.
REGULATED ACTIVITY - The construction, modification, restoration
or placement of a structure, or major addition to a structure, or any
action or use of land which materially alters the condition of land,
including grading, excavating, dumping, mining, dredging, filling, or
other disturbance of soil.
RESTORATION - The reconstruction without modification of a
structure, the cost of which equals or exceeds 50 percent of the
estimated full replacement cost of the structure at the time of
restoration. 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.
SECONDARY DUNE - 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.
SIGNIFICANT FISH AND WILDLIFE HABITAT - 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.
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STRUCTURAL HAZARD AREA - 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.
STRUCTURE - 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 and above-ground pool; garage;
mobile home; road; public service distribution. transmission. or
collection system; tanks; docks; piers; wharf; groins; jetties;
seawalls; bulkheads; breakwaters; revetments; artificial beach
nourishment; or any addition to or alteration of the same.
UNREGULATED ACTIVITY - Excepted activities which are not
regulated by this chapter include but are not limited to: elevated
walkways or stairways constructed solely for pedestrian use and built
by an individual property owner for the limited purpose of providing
non-commercial 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 clean-up; maintenance of structures when normal
and customary and/or in compliance with an approved maintenance
program; planting vegetation and sand fencing 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 Section 3(12) of the Soil and Water
Conservation Districts Law provided. however. that agricultural
operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a
structure.
VEGETATION - 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.
TOE - The lowest surface point on a slope face of a dune or bluff.
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ARTICLE II
REGULATIONS
Section 6-10 (Areas)
The Coastal Erosion Hazard Area is hereby established to classify
land and water areas within the Town of Southold based upon shoreline
recession rates or the location of natural protective features. The
boundaries of the Area are established on the final map prepared by the
New York State Department of Environmental Conservation under Section
3~-010~ of the New York State Environmental Conservation Law and
entitled, "Coastal Erosion Hazard Area Map of the Town of Southold",
including all amendments made thereto by the Commissioner of the New
York State Department of Environmental Conservation pursuant to Section
3~-010~ of the New York State Environmental Conservation Law.
Section 6-11 (Requirements)
No person may engage in any regulated activity in an Erosion Hazard
Area as depicted on the Coastal Erosion Hazard Areas Map of the Town of
Southold, as amended, without first obtaining a Coastal Erosion
Management Permit. No Coastal Erosion Management Permit is required for
unregulated activities.
Section 6-12 (General Standards)
A Coastal Erosion Management Permit will be issued only with a
finding by the Administrator that the proposed regulated activity:
A. Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed
activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the
proposed site and at other locations.
C. Prevents, if possible, or minimizes adverse effects on natural
protective features and their functions and protective values,
existing erosion protection structures, and natural resources.
Section 6-13 (Structural Hazard Area Restriction)
The following restrictions apply to regulated activities within
Structural Hazard Areas:
A. A Coastal Erosion Management Permit is required for the
installation of public service distribution, transmission, or
collection systems for gas, electricity, water, or wastewater.
Systems installed along the shoreline must be located landward
of the shoreline structures.
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B. The construction of non-movable structures or placement of
major non-movable additions to an existing structure is
prohibited.
C. Permanent foundations may not be attached to movable
structures. and any temporary foundations are to be removed at
the time the structure is moved. Below grade footings will be
allowed if satisfactory provisions are made for their removal.
D. No movable structure may be located closer to the landward limit
of a bluff than 25 feet.
E. No movable structure may be placed or constructed such that
according to accepted engineering practice. its weight places
excessive goundloading on a bluff.
F. Plans for landward relocation of movable structures must be
included with each application for a permit. Movable structures
which have been located within a Structural Hazard Area
pursuant to a Coastal Erosion Management Permit must be
removed before any part of the structure is within 10 feet of
the receding edge. The last owner of record. as shown on the
latest assessment roll. is responsible for removing that
structure and its foundation. unless a Removal Agreement was
attached to the original Coastal Erosion Management Permit.
With the attachment of a Removal Agreement to the Coastal
Erosion Management Permit. the landowner or the signatory is
responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record
and the owner of the structure are different with the approval
of the Town at the time the permit is issued.
G. Debris from structural damage which may occur as a result of
sudden unanticipated bluff edge failure. dune migration. or wave
or ice action must be removed within sixty (60) days of the
damaging event.
H. Any grading. excavation. or other soil disturbance conducted
within a Structural Hazard Area must not direct surface water
runoff over a bluff face.
Section 6-14 (Nearshore Area Restriction)
Nearshore areas dissipate a substantial amount of wave energy before
it is expended on beaches. bluffs. or dunes by causing waves to collapse
or break. Nearshore areas also function as reservoirs of sand. gravel.
and other unconsolidated material for beaches. Sandbars. which are
located in nearshore areas. control the orientation of incoming waves and
promote the development of ice cap formations which help protect
shorelines during winter storms. The roots of aquatic vegetation in
nearshore areas bind fine grained silts. glays. and organic matter to form
a fairly cohesive bottom that resists erosion.
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The following restrictions apply to regulated activities in nearshore
areas:
A. Excavating, grading, mining, or dredging which diminishes the
erosion protection afforded by nearshore area is prohibited,
except construction or maintenance of navigation channels,
bypassing sand around natural and man-made obstructions and
artificial beach nourishment, all of which require a Coastal
Erosion Management Permit.
B. Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach
areas. Any deposition will require a Coastal Erosion Management
Permit which may be issued only for expansion or stabilization
of beaches.
C. Active bird nesting and breeding areas must not be disturbed
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the department.
D. All development is prohibited on beaches unless specifically
provided for by this chapter.
Section 6-15 (Dune Area Restriction)
Dunes prevent overtopping and store sand for coastal processes.
High, vegetated dunes provide a greater degree of protection than low,
un vegetated ones. Dunes are of the greatest protective value during
conditions of storm induced high water. Because dunes often protect some
of the most biologically productive areas as well as developed coastal
areas, their protective value is especially great. The key to maintaining
a stable dune system is the establishment and maintenance of beachgrass
or other vegetation on the dunes and assurance of a supply of
nourishment sand to the dunes.
The following restriction apply to regulated activities in dune areas:
A. In primary dune areas:
1. Excavating, grading or mining of primary dunes is
prohibited.
2. Clean sand of a compatible type and size is the only
material which may be deposited. Any deposition requires
a Coastal Erosion Management Permit.
.3. All deposition must be vegetatively stabilized using
species tolerant of the conditions at the site and must be
placed so as to increase the size of. or restore a dune or
dune area.
4. Active bird nesting and breeding areas must not be
disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the
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Department.
5. Non-major additions to existing structures are allowed on
primary dunes pursuant to a Coastal Erosion Management
Permit and subject to permit conditions concerning the
location. design. and potential impacts of the structure on
the primary dune.
6. Stone revetments or other erosion protection structures
compatible with primary dunes will only be allowed at the
waterward tow of primary dunes. and must not interfere
with the exchange of sand between primary dunes and their
fronting beaches.
B. In secondary dune areas:
1. All depositions must be of clean sand of a compatible type
and size. and all grading must be performed so as to
increase the size of. or restore. a dune or former dune
area.
2. Excavating. grading. or mining must not diminish the
erosion protection afforded by them.
3. Non-major additions to existing structures are allowed on
secondary dunes pursuant to a Coastal Erosion Management
Permit.
4. Permitted construction. reconstruction. restoration. or
modifications must be built on adequately anchored pilings
such that at least 3 feet of open space exists between the
floor joists and the surface of the secondary dune; and the
permitted activity must leave the space below the lowest
horizontal structural members free of obstructions.
C. All other activities and developments in dune areas are
prohibited unless specifically provided for by this chapter.
D. The restrictions of Section 6-17. Traffic Control. apply to dune
areas.
Section 6-16 (Bluff Area Restriction)
Bluffs protect shorelands and coastal development by absorbing the
often destructive energy of open water. Bluffs are a source of
depositional material for beaches and other unconsolidated natural
protective features.
A. The following activities are prohibited on bluffs:
1. Excavating or mining except when in conjunction with
conditions stated in a Coastal Erosion Management Permit
issued for minor alterations in construction of an erosion
protection structure or for provision of shoreline access.
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2. The restrictions of Section 6-17, Traffic Control, apply to
bluffs.
3. All development unless specifically allowed by Subdivision
6-8 of this chapter.
4. Disturbance of active bird nesting and breeding areas
unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the Department.
5. Soil disturbance that directs surface water runoff over a
bluff face.
B. Activities specifically allowed under this Subdivision are:
1. Minor alteration of a bluff done in accordance with
conditions stated in a Coastal Erosion Management Permit
issued for new construction, modification or restoration of
an erosion protection structure.
2. Bluff cuts done in accordance with conditions stated in a
Coastal Erosion Management Permit issued for the provision
of shoreline access, where:
a. Cut is made in a direction perpendicular to the
shoreline.
b. Ramp slope may not exceed 1 :6.
c. Side slopes may not exceed 1:3 unless terraced or
otherwise structurally stabilized.
d. Side slopes and other disturbed non-roadway areas
must be stabilized with vegetation or other approved
physical means.
e. Completed roadway must be stabilized and drainage
provided for.
3. New construction, modification or restoration of walkways
or stairways done in accordance with conditions of a
Coastal Erosion Management Permit.
4. Non-major additions to existing structures may be allowed
on bluffs pursuant to a Coastal Erosion Management Permit.
Section 6-16 (Erosion Protection Structure Requirements)
The following requirements apply to the construction, modification,
or restoration of erosion protection structures:
A. The construction, modification, or restoration of erosion
protection structures must:
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1. Not be likely to cause a measurable increase in erosion at
the development site or at other location.
2. 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.
B. All erosion protection structures must be designed and
constructed according to generally accepted engineering
principles which have demonstrated success, 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.
C. All materials used in such structures 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 attain the required 30 years of erosion protection.
D. A long-term maintenance program must be included with every
permit application of construction, modification, or restoration
of an erosion protection structure. The maintenance program
must include specifications for normal maintenance of degradable
materials. To assure compliance with the proposed maintenance
programs, a bond may be required.
Section 6-17 (Traffic Control)
Motorized and non-motorized traffic must comply with the following
restrictions:
A. Motor vehicles must not travel on vegetation, must operate
waterward of the debris line, and when no debris line exists
must operate waterward of the waterward tow of the primary
dune or bluff.
B. Motor vehicle traffic is prohibited on primary dunes, except for
officially designated crossing areas, and on bluffs.
c. Pedestrian passage across primary dunes must utilize elevated
walkways and stairways or other specially designed dune
crossing structures.
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ARTICLE III
EMERGENCY ACTIVITIES
Section 6-21 (Applicability)
The requirements of this chapter do not apply to emergency activities
that are necessary to protect public health, safety, or welfare, including
preventing damage to natural resources. Whenever emergency activities
are undertaken, damage to natural protective features and other natural
resources must be prevented, if possible, or minimized.
Section 6-22
(Notification to Administrator)
The administrator must be notified by the person responsible for
taking the emergency measures within 2 working days from the
commencement of an emergency measure and a description of the problem
and activities provided. The description must be in written form, outline
the public health or safety or resource for which protection was sought,
and relate the measures which were taken to secure the protection.
Section 6-23 (Improper or Insufficient Notification)
If the administrator determines that regulated activity has been
undertaken without a Coastal Erosion Management Permit. and does not
meet the emergency activity criteria, then the Administrator will order
the immediate cessation of the activity. In addition, the Administrator
may require:
A. Removal of any structure that was constructed or places without
a Coastal Erosion Management Permit, and
B. The return to former conditions of any natural protective
feature that was excavated, mined, or otherwise disturbed
without a Coastal Erosion Management Permit.
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ARTICLE IV
VARIANCES AND APPEAL
Section 6-30
(Variances from Standards and Restriction)
Strict application of the standards and restrictions of the chapter
may cause practical difficulty or unnecessary hardship. When this can be
shown, such standards and restrictions may be varied or modified
provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
B. All responsible means and measures to mitigate adverse impacts
oh nr,ltural systems and their functions and values have been
incorporated into the activity's design at the property owner's
expense.
C. The development will be reasonably safe from flood and erosion
damage.
D. The variance requested is the minimum necessary to overcome
the practical difficulty or hardship which was the basis for the
requested variance.
E. Where public funds are utilized, the public benefits must
clearly outweigh the long-term adverse effects.
Section 6-31 (Format and Procedure)
Any request for a variance must be in writing and specify the
standard, restriction, or requirement to be varied and how the requested
variance meets the criteria of Section 6-30 of this chapter. The burden
of demonstrating that the requested variance meets those criteria rests
entirely with the applicant.
Section 6-32 (Fees)
Each variance request must be accompanied by the required fee of
$250.00 unless said fees are modified by the Town Board under separate
resolution.
Section 6-33 (Expiration)
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one (1)
year from the date of approval or approval with modifications or
condition. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard Board of
Review.
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Section 6-34 (Coastal Erosion Hazard Board of Review)
The Southold Town Board of Trustees is hereby designated as the
Coastal Erosion Hazard Board of Review and has the authority to:
A. Hear, approve, approve with modification or deny request for
variances or other forms of relief from the requirements of this
Chapter.
B. Hear and decide appeals where it is alleged there is error in
any order, requirement. decision, or determination made by the
Administrator in the enforcement of this chapter, including any
order requiring an alleged violator to stop, cease and desist.
Section 6-35 (Appeal)
The Coastal Erosion Hazard Board of Review may, in conformity with
the provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement. decision, or determination of the
administrator, including stop or cease and desist orders. Notice of such
decision will forthwith be given to all parties in interest. The rules
and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30 days of
the date of the adverse decision.
B. All appeals made to the Coastal Erosion Hazard Board of Review
must be in writing on standard forms prescribed by the Board.
The Board will transmit a copy to the Commissioner of the New
York State Department of Environmental Conservation for his
information.
C. All appeals must refer to the specific provIsIons of this
chapter involve, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the
appellant claims.
Section 6-36 (Appeal to the Court)
Any person or persons, jointly or severely aggrieved by a
by the Coastal Erosion Hazard Board of Review or any
department. Board or Bureau of the Town, may apply to the
Court for review by a proceeding under Article 78 of the Civil
Law and Rules.
decision
officer,
Supreme
Practice
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ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Section 6-40 (Coastal Erosion Management Permits)
A Coastal Erosion Management Permit will be issued for regulated
activities which comply with the General Standards (6-12). restrictions,
and requirement of the applicable sections of this chapter providing the
following is adhered to:
A. The application for a Coastal Erosion Management Permit must be
made upon the form provided by the administrator and must
include the following minimum information:
1. A description of the proposed activity.
2. A map drawn to a scale no smaller than 1 :24,000, showing
the location of the proposed activity.
3. Any additional information the administrator may require to
properly evaluate the proposed activity.
B. 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.
C. Permits will be issued by. and bear the name and signature of
the Administrator, and will specify the:
1. Activity or operation for which the permit is issued.
2. Address or location where the activity or operation is to
be conducted.
3. Name and address of permittee.
4. Permit number and date of issuance.
5. Period of permit validity. If not otherwise specified a
permit will expire 1 year from the date of issuance.
6. The terms and conditions of the approval.
D. When more than one (1) Coastal Erosion Management Permit is
required for the same property or premises under this chapter.
a single permit may be issued listing all activities permitted
and any construction, restrictions or bonding requirement.
Revocation of a portion or portion of such consolidate permits
will not invalidate the remainder.
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E. A Coastal Erosion Management Permit may be issued with such
terms and conditions as are necessary to ensure compliance with
the policies and provisions of Article 3~ of the Environmental
Conservation Law, the Coastal Erosion Management Regulations
implementing Article 3~ (6NYCRR Part 5051. and the laws and
policies of the Town.
F. When an application is made for a Coastal Erosion Management
Permit. variance thereto, or other form of approval required by
this chapter, and such activity is subject to other permit,
variance, hearing, or application procedures required by another
federal. state or chapter or ordinance, the Zoning Enforcement
Officer shall, at the request of the applicant, consolidate and
coordinate the application, permit, variance and hearing
procedures as required by each regulatory agency into a single,
comprehensive hearing and review procedure. However, nothing
contained in this section shall be deemed to limit or
restrict any regulatory agencies, which are properly a party to
such a consolidated review proceeding, from the independent
exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or
other forms of approval as they may have been granted by law.
G. In the event the Board determines that an engineer's report is
pecessary to assist it in its determination then the Board shall secure
and engineer to evaluate the impact of the application upon the rate of
Coastal Erosion. The fee necessarily attending to such engineer's
services shall be born by the applicant and shall not exceed two thousand
five hundred dollars ($2,500.00).
Section 6-~2 (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 ensure compliance with
the terms and conditions stated in the Coastal Erosion Management Permit.
Section 6-43 (Administrator)
The authority for administering and enforcing this chapter is hereby
conferred upon the administrator. The administrator has the powers and
duties to:
A. Apply the regulations, restrictions, and standards or other
provisions of this chapter.
B. Explain to applicants the map which designates the land and
water areas subject to regulation and advise applicants of the
standards, restrictions and requirements of this chapter.
C. Review and take appropriate actions on completed applications.
D. Issue and sign all approved permits.
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E. Transmit written notice of violations to property owners or to
other responsible persons.
F. Prepare and submit reports.
G. Perform compliance inspections.
H. Serve as the primary liaison with the New York State Department
of Environmental Conservation.
I. Keep official records of all permits. inspections. inspection
reports. recommendations. actions of the Coastal Erosion Hazard
Board of Review. and any other reports or communications
relative to this chapter or request for information from the
New York State Department of Environmental Conservation.
J. Perform normal and customary administrative functions required
by the Town. relative to the Coastal Erosion Hazard Areas Act.
Article 34 of the New York State Environmental Conservation
Law. 6 NYCRR Part 505. and this chapter.
K. Have. in addition. powers and duties as are established in. or
reasonably implied from this chapter as are necessary to
achieve its stated purpose.
Section 6-44 (I nterpretation )
The provisions. regulations. procedures. and standards of this
chapter will be held to be the minimum requirements necessary to carry
out the purposes of this chapter.
Section 6-45 (Conflicts)
The provisions of this chapter will take precedence over any other
laws. ordinances. or codes in effect in the Town to the extent that the
provisions of this chapter are more stringent than such other laws.
ordinances. or codes. A Coastal Erosion Management Permit issued
pursuant to this chapter does not relieve the permit applicant from the
responsibility of obtaining other permits or approvals as may be necessary
nor does it convey any right or interest in real property.
Section 6-46 (Severability)
The provisions of this chapter are severable. If any clause.
sentence. paragraph. subdivision. section or part is adjudged invalid by a
court of competent jurisdiction. the effect of such order or judgment does
not affect or invalidate any other provisions of this chapter or their
application to other persons and circumstances.
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Section 6-47 (Environmental Review 1
All regulated activities are subject to the review procedures
required by the New York State Environmental Quality Review Act
(SEQRL Article 8 of the New York State Environmental Conservation
Law. The applicant may be required to submit information necessary for
compliance with SEQR in addition to information required under this
chapter.
Section 6-48 (Violations and Penalties 1
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding five thousand dollars ($5,000.001 or
imprisonment for a period not to exceed 6 months or both. Each day's
continued violation of this chapter will constitute a separate additional
violation. Nothing herein will prevel]t 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 chapter.
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ARTICLE VI
AMENDMENT
Section 6-50 (procedure)
The Town Board may, on its motion or on petition, or on
recommendation from the Trustees, amend, supplement or repeal the
provisions, regulations, procedures or standards of this chapter.
When an amendment is duly proposed, the Town Board must:
A. Notify the Commissioner of the New York State Department of
Environmental Conservation in writing of all proposed
amendments and request his advice as to whether such
amendment is subject to his approval, and if so, whether such
amendment conforms to the minimum standards of a certified
program.
B. Issue public notice and conducts a hearing on all proposed
amendments. The Town Board, by resolution, must
cause notice of such hearing's time, date, and place to be
published in the official newspaper not less than 10 days prior
to the date of the hearing.
C. Refer to the proposed amendment at least 30 days prior to the
public hearing, in writing to:
1. The Trustees, unless initiated thereby, for its review of
the amendment and its report to the Town Board of
recommendations thereon, including a full statement of
reasons for such recommendations.
2. The County Trustees for its review and
recommendations pursuant to Article 12-B, Section 239 of
the New York State General Municipal Law.
Section 6-51 (Commissioner Approval)
After enactment the amendment must be sent to the Commissioner of
Environmental Conservation for Certification.
Section 6-52 (Recording)
After an amendment of this chapter has been initially reviewed and
found to be in conformance by the Commissioner of the New York State
Department of Environmental Conservation; completed the public hearing
process and intergovernmental review; been finally approved and adopted
by the Town Board; and been certified by the commissioner; the Town
Clerk will as prescribed by Section 27 of the Municipal Home Rule Law:
A. Record the amended chapter in the Municipal Clerk's Minute
Book and in the Recorded Book of Local Laws.
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B. File the amended chapter within five (5) days after adoption
as follows:
1. One (1) copy in the Town Clerk's office.
2. One (1) copy in the Office of the State Comptroller.
3. Three (3) copies in the Office of the Secretary of State.
4. One (1) copy with the Commissioner of the New York State
Department of Environmental Conservation.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
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