[Adopted 1-14-1989 as L.L. No. 4-1989]
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.