This Article shall be known as the "Minimization
of Erosion Risk of Natural Protective Features Law of the Village
of Head-of-the-Harbor."
Beaches, dunes, bluffs and other natural protective
features are safeguards for coastal lands. They help to protect human
life and property from risks resulting from storms and flooding. Erosion
of these protections may result from excavation of coastal features,
from improperly designed waterfront structures, from inadequate site
planning and from other actions undertaken in disregard of their fragile
nature and great value. Actions and development in or in proximity
to natural protective features must be undertaken in a manner which
minimizes and mitigates any adverse effects to these features and
ensures that they are neither destroyed nor substantially weakened.
The following areas within the Village of Head-of-the-Harbor
are designated as important natural protective features which shall
be protected against disturbance, destruction or encroachment by development
or any other incompatible land use activity:
A. Cordwood Path Beach (Town of Smithtown facility) on
the western shore of Stony Brook Harbor at the boundary of the Villages
of Head-of-the-Harbor and Nissequogue.
B. Bluffs adjacent to Stony Brook Harbor on the southern
and eastern shores, extending to the confluence of the harbor and
Stony Brook Creek at the grist mill in Stony Brook.
C. All beaches adjacent to Stony Brook Harbor.
Because of the unsuitability of beaches for
development and their vulnerability to erosion processes, no permanent
structures may be erected on any beach within the Village of Head-of-the-Harbor
for any purpose or use, and no grading, excavation or alteration of
the natural slope of the beach shall be permitted.
Because bluffs are inherently fragile natural
features subject to erosion, sloughing, weakening, slumping and eventual
collapse from improper use, development, runoff and groundwater seepage,
any grading, removal of vegetation, improper siting of buildings,
paving or parking areas materially accelerate the risk of severe erosion
damage. In the event of these dangers, the following restrictions
and standards are required by this Article:
A. The impact upon a bluff from site disturbance shall
be minimized by siting all structures at a minimum distance from the
landward edge of the bluff to be determined by the erosional rate
of the bluff and the amount of land required for the structure to
remain unaffected for a period of 50 years. In no case shall any structure,
including swimming pools, be located closer than 100 feet from the
landward edge of a bluff.
B. There shall be no land disturbance within the setback
zone, including removal of vegetation, alteration of grade, alteration
of surface soils, placement of temporary structures or similar activities.
C. Natural vegetation shall be retained to stabilize
the bluff face and to disperse stormwater.
D. Stormwater from developed parts of the property shall
be directed in such a manner that it does not flow across the surface
of the land to the bluff face. No natural slope of land away from
the bluff face shall be altered, and no overland flow of stormwater
shall be allowed to reach the bluff face of an adjacent property.
E. Stormwater shall not be recharged in a quantity or
a location from which surface runoff or subsurface water or groundwater
flow will undermine the bluff face.
F. Impermeable paving shall be minimized, with trap rock
and native gravel required for driveways, and for other outdoor surfaces,
such suitable permeable paving as brick or flagstone on sand.
G. Roads and driveways shall be sited in such a manner
that no stormwater from a road or driveway will reach the bluff face
or the beach below.
H. Where ground cover has been disturbed, the area within
100 feet of the bluff face shall be replanted with native vegetation
suitable for the location.
No permit may be issued by the Building Inspector
for any construction in the designated areas except upon submission
by the applicant of an exact and detailed plan which meets with all
restrictions and standards set forth in this Article.
[Amended 4-15-2015 by L.L. No. 1-2015]
All building permits for construction in the
designated areas must be approved by the Village Engineer and the
Board of Architectural Review.
Activities undertaken without the required permit
and approvals shall be penalized as follows:
A. By restoration of the disturbed area to its previously
existing natural condition, or as close an approximation to its natural
condition as is practicable, which restoration shall include removal
of any encroaching structures and revegetation of the area, where
necessary; and
B. By a fine of $5,000 where unpermitted activities have
resulted in bluff erosion, sloughing, any degree of bluff collapse
or any flow of stormwater resulting from such activities which intrudes
upon neighboring property or the beach below the bluff.