Pursuant to the provisions of Article 34 of the New York State Environmental Conservation Law, Article 16 of the Town Law and § 10 of the Municipal Home Rule Law, the Town of Southampton, County of Suffolk, State of New York, hereby enacts this chapter.
This chapter shall be known and may be cited as the "Town of Southampton Coastal Erosion Hazard Area Law."
The Town of Southampton hereby assumes the responsibility and authority to implement and administer a coastal erosion management program within its jurisdiction pursuant to Article 34 of New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to:
A. 
Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources, which includes native vegetation.
B. 
Regulate, in coastal areas subject to coastal flooding and erosion, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protective features and other natural resources, preserve public access and use of the beaches, and to protect human life.
C. 
Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources and reduce interference with natural processes that affect those features and resources.
D. 
Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas.
E. 
Eliminate the construction of new, and the replacement or reconstruction of existing, erosion protection structures in coastal areas and regulate the normal maintenance and repair of existing erosion protection structures or structures allowed pursuant to a variance to assure that their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features and other natural resources.
[Amended 12-11-2012 by L.L. No. 15-2012]
The Town of Southampton finds that the coastal erosion hazard areas:
A. 
Are prone to erosion from the action of the Atlantic Ocean. Such erosion may be caused by the action of waves, currents running along the shore and wind-driven water and ice. Such areas are also prone to erosion caused by the wind, runoff of rainwater along the surface of the land or groundwater seepage, as well as by human activities such as construction, navigation and certain forms of recreation.
B. 
Experience coastal erosion which causes extensive damage to publicly and privately owned property and to natural resources, as well as endangering human lives. When this occurs, individuals and private businesses suffer significant economic losses, as do the Town and the state economies, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services.
C. 
Experience erosion-related problems that are often contributed to by man's building without considering the potential for damage to property, by undertaking activities which destroy natural protective features such as dunes or vegetation, by building structures intended for erosion prevention which may exacerbate erosion conditions on adjacent or nearby property and by water action produced by wakes from boats.
The following terms, as used in the chapter, shall have the meanings indicated, unless the context clearly requires otherwise.
2003 AMENDMENTS
The amendments to this chapter adopted in or about May 2003.
ADMINISTRATOR
The local official responsible for administering and enforcing this chapter shall be the Southampton Town Planning and Development Administrator or his or her duly appointed representative. The powers and duties of this position are more fully described in § 138-31.
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 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 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. (The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.)
BUILDING
As defined in § 330-5 of the Town Code.
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 chapter.
CHIEF ENVIRONMENTAL ANALYST
As defined in § 325-3 of the Town Code.
COASTAL RESTORATION PROJECT
The deposit of sand or soil on a beach, dune, or the face of a bluff, in order to restore or replace similar material lost to erosion, and the stabilization of such material by planting beach vegetation. This definition shall include the installation of snow fencing or permeable mesh fencing, the placement of biodegradable fabric mesh or biodegradable gels, and the installation of drains and pipes for the control of water runoff, if these devices are designed and used to allow vegetation to grow upon and stabilize the deposited materials. Installation of snow fencing without the deposit of sand or soil on a beach, dune or the face of a bluff is not a coastal restoration project.
COASTAL WATERS
The Atlantic Ocean.
COASTLINE
The lands adjacent to the Town's coastal waters.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a beach by storm-induced high water or by wave action.
DEVELOPMENT
"Development," as defined in § 169-4 of the Town Code.
DISTURB and DISTURBANCE
"Disturb," as defined in § 330-65 of the Town Code.
DUNE
A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand.
DUNE CREST
The highest line or ridge along the top of a dune.
EMERGENCY
A natural or an accidental human-made event which presents an immediate threat to life, health, safety, property or the environment.
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.[1]
EROSION HAZARD AREA or COASTAL EROSION HAZARD AREA
An area of the coastline which is a structural hazard area or a natural protective feature area. These areas are located seaward of the landward edge of the erosion hazard area limit line.
EROSION HAZARD AREA LIMIT LINE
The line delineating the landward limit of natural protective feature areas, as shown on the Coastal Erosion Hazard Area Map ("CEHA" Map). See "Coastal Erosion Hazard Area Map" and "erosion hazard area."
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion such as a groin, jetty, revetment or breakwater.
GEOTEXTILE TUBE SYSTEM
An erosion control structure consisting of one or more synthetic textile tubes or cylinders, which are filled with sand, sealed, and placed in or on the beach or shore. This term shall specifically refer to such a structure consisting of not more than two tiers of such tubes, layered one atop the other and placed parallel to the shoreline, and having a finished height for the entire structure of no more than six feet above natural grade.
GRADING
A redistribution of sand or other unconsolidated earth to effect a change in profile.
LAWFULLY PREEXISTING
A structure shall be deemed "lawfully preexisting" only if:
A. 
It received all governmental approvals necessary at the time of its construction or any subsequent alteration, is substantially complete and in existence, and has not deteriorated to the point at which it is no longer functional for its intended purpose; or
B. 
As of the effective date of the 2003 amendments:
(1) 
It is under construction; or
(2) 
It is not under construction but an unexpired building permit for its construction has been issued or an unexpired variance for its construction in a specified location has been granted by the Coastal Erosion Hazard Board of Review.
MAJOR ADDITION
An addition to the principal structure (not to an accessory structure) of a single-family residence resulting in a 25% or greater increase in the ground area coverage of the structure. The increase will be calculated as the ground area coverage to be added, together with any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of the nonconforming building or structure prior to any such additions. As used herein, "ground area coverage" includes the area covered by attached decking and covered porches. Any addition to a commercial use or to a multifamily residential structure is also a major addition.
MEAN HIGH-WATER MARK
The approximate average high-water level for a given water body at a given location, determined by reference to hydrological information concerning water levels or other appropriate tests.
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 having a permanent foundation are examples of movable structures.
NATIVE VEGETATION
Plants that have grown in the region since the last glaciation, and before human settlement, including, but not limited to:
A. 
Maritime beach and dune vegetation, including, among others, beach grass (Ammophila breviligulata), seaside goldenrod (Solidago sempervirens), sweet goldenrod (Solidago odora), beach heather (Hudsonia tomentosa), beach pea (Lathyrus maritimus), golden heather (Hudsonia ericoides), beach pinweed (Lechea maritime), jointweed (Polygonella articulata), prickly pear (Opuntia humifusa), reindeer lichen (Cladonia sp.), bearberry (Arctostaphylos uva-ursi), virginia creeper (Parthenocissus cinquefolia), northern bayberry (Myrica pensylvanica), beach plum (Prunus maritima), pasture rose (Rosa carolina), wild rose (Rosa virginiana), shining sumac (Rhus copallinium), highbush blueberry (Vaccinium corymbosum), shadbush (Amelanchier canadensis), American holly (Ilex opaca pitch pine (Pinus rigida), and post oak (Quercus stellata)
B. 
Maritime shrubland and heathland vegetation, including, among others, beach plum (Prunus maritima), wild rose (Rosa virginiana), lowbush blueberry (Vaccinium angustifolium), black huckleberry (Gaylussacia baccata), winterberry (Ilex verticillata), little bluestem (Schizachyrium scoparium), Pennsylvania sedge (Carex pensylvanica), and asters (Aster dumosum, A. ericoides, A. linariifolius, A. solidaginneus).
C. 
Brackish wetlands vegetation and tidal wetlands vegetation, as defined in § 325-3 of the Town Code.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff, primary dune, secondary dune, or marsh, and its 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.
NATURAL VEGETATION
Vegetation that grows presently in wild, natural areas on Long Island.
NEARSHORE AREA
Those lands under water beginning at the mean low-water line and extending waterward in a direction perpendicular to the shoreline to a point where the mean low-water depth is 15 feet or to a horizontal distance of 1,000 feet from the mean low-water line, whichever is greater.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully preexisting at the effective date of this chapter that does not conform to the dimensional or structural requirements of this chapter.
NORMAL MAINTENANCE
Periodic replacement or repair of the same kind of structural elements or protective coatings which do not change the size, design or function of a functioning structure and which are not so extensive as to become "reconstruction" as defined herein. A "functioning structure" is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. Normal maintenance of a structure, except an erosion protection structure, does not require a coastal erosion management permit.
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 lines within a coastal area. Where there is only one dune present, it is the primary one. Occasionally, one or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be part of the primary dune for the purpose of this chapter. The waterward limit of a primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25 feet landward of its landward toe.
RECEDING EDGE
The most landward line of active erosion or, in cases where there is no discernible line of active erosion, the most waterward line of permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding shoreline moves landward.
RECONSTRUCTION
The restoration or rebuilding without modification of a structure, the cost of which equals or exceeds 50% of the full replacement cost of the structure such that it meets all applicable building codes at the time of reconstruction, as estimated by the Administrator. Modifications, however, may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources.
REGULATED ACTIVITY
The construction, reconstruction, modification, restoration or placement of a structure or addition to a structure or any action or use of land which materially alters the condition of land, including grading, excavating, artificial beach nourishment, dumping, mining, dredging, filling or other disturbance of soil. Installation of snow fencing by itself, which is not part of any other regulated activity such as, without limitation, grading, excavating, deposition of sand or soil, is not a regulated activity.
SAND FENCING
Only wood fencing and wood stakes shall be approved for uses defined in this chapter.
[Added 4-10-2007 by L.L. No. 12-2007]
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.
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 or aboveground pool, garage, mobile home, road, public service distribution, transmission or collection system, tank, dock, pier, wharf, groin, jetty, seawall, bulkhead, breakwater, revetment, artificial beach nourishment or any addition to or alteration of the same.
TOE
The lowest surface point on a slope face of a dune or bluff.
TRUSTEE PERMIT
A permit issued by the Trustees that is consistent with the provisions of this chapter.
TRUSTEES
The Trustees of the Freeholders and Commonalty of the Town of Southampton.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways that are granted a Trustee permit and that are constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures (except erosion protection structures) when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and installing wood sand fencing and wood stakes so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations including cultivation or harvesting and the implementation of practices recommended in a soil and water conservation plan as defined in §3(12) of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and the implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. All other use of fencing is a regulated activity.
[Amended 4-10-2007 by L.L. No. 12-2007]
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.
[1]
Editor’s Note: The definition of "erosion hazard adjacent area/adjacent area," which immediately followed this definition, was repealed 12-11-2012 by L.L. No. 15-2012. See now Ch. 330, Zoning, § 330-44.