The tidal wetlands and the ocean beach of the Village of West Hampton Dunes are a unique and relatively scarce geographic environment that makes possible an ecological system necessary to propagate the finfish and shellfish essential as a source of food and as a basis for the economic vitality of the fishery industry and recreational fishing; further, it provides the natural habitat for migratory waterfowl along the Eastern Seaboard's international flyway, and it is fundamental to the scenic character and recreational potential that supports both the tourist and recreational economies as well as the year-round resident's enjoyment of his home community.
A. 
No building other than a government facility shall be constructed or maintained on or in a public tidal wetland.
B. 
No structure or floating facility, including regular or permanent moorings, shall be constructed or maintained or used for living quarters on or in a public tidal wetland, except as a permitted accessory use to an adjoining on-shore parcel of land or lot, a governmental facility or other facility only when found necessary to protect the natural environment from excessive erosion, silting or an imbalance in the ecological system of the tidal wetlands, after approval by the appropriate public agencies and the Trustees of the Freeholders and Commonalty of the Town of Southampton, and except for a fishing structure, duck blind and permanent mooring established in approved areas by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
C. 
Where a private landowner presents to the Village a claim to title of lands within a tidal wetland area, he shall consent to Village inspection of such lands so that such tests and investigations as may be considered appropriate by the Village may be made. The Village shall establish whether or not such a title is satisfactory within 120 days of receipt of such claim. Where such title is determined to be satisfactory, such a private landowner may fill not more than 10% of the required minimum lot area in the applicable upland district in which such property is located for a building site, and further provided that the location of such fill shall have been approved by the Trustees of the Freeholders and Commonalty of the Town of Southampton as that which will have the least impact on the ecological system of the tidal wetlands, and also provided that it shall have the approval of all other public agencies having jurisdiction.
D. 
Channel construction in the tidal wetlands shall be limited to only such channels as are necessary to provide minimum boat access to contiguous upland areas and then only if no suitable substitute structure can be used for such access that would have a lesser impact on the ecological system of the tidal wetlands as established by the Trustees of the Freeholders and Commonalty of the Town of Southampton. No such facility shall be designed or used for any purpose incompatible with standard district regulations applicable to the adjoining onshore land.
E. 
Bulkheads shall be prohibited in all tidal wetlands except when found necessary to protect the natural environment from excessive erosion, silting or an imbalance in the ecological system of the tidal wetlands.
A. 
No building or structure or floating facility shall be maintained or used on the public ocean beach, except when found necessary and approved by the appropriate public agencies in order to protect the natural environment from excessive erosion or silting or for another public purpose.
B. 
Where a private landowner establishes proof of a valid title to lands on the ocean beach satisfactory to the Village, such land shall not be subject to excavation, regrading or any disturbance of the natural crest of the dune, except in accordance with a beach protection policy or protective works program approved by the Village and the minimum disturbance necessary to construct permitted structures set forth in this chapter.
C. 
A private landowner shall not construct any building or structure on the ocean beach, except that one access walkway shall be constructed over the crest of the dune, provided that it is established at an elevation of at least two feet above the undisturbed natural crest where grasses exist or, where no grasses exist, directly on the grade without any space between.