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.

Regulate, in coastal adjacent 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.

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.

Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard adjacent areas.

Eliminate the construction of new, and the replacement or reconstruction of existing, erosion protection structures in coastal adjacent 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.

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.

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.

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.

No person may engage in any regulated activity in an erosion hazard adjacent area without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities.

All regulated activity in an erosion hazard adjacent area must comply with the applicable provisions of this chapter.

The requirements of this article shall supplement the zoning regulations of the underlying district. If there is a conflict between the requirements of this article and the underlying zoning regulations, the provisions of this article shall apply and shall supersede the underlying zoning regulations.

Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location;

Is not likely to cause a measurable increase in erosion at the proposed site and at other locations; and

Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources, including, but not limited to, significant fish and wildlife habitats.

Sound location and siting of buildings are important factors in the ability of a building to withstand a flooding or erosion event with little or no damage. Poorly sited structures along the Atlantic Ocean, including building as far seaward as possible, as well as building too close to other buildings, may present increased risk of loss of life and property, increased building vulnerability and damage, increased potential for eventual encroachment loss, and damage to the public beach area, increased risk of degradation to the ecological conditions and natural protective features of the Atlantic coastline, beaches, dunes, barriers and headlands, increased potential for higher public costs of erosion control, storm protection, disaster relief, and provision of public services such as water, and increased difficulty and expense of relocation in the event of future shoreline loss. This section sets forth standards for development, including location and siting of buildings and structures, that are designed to protect the natural protective features of the Town's Atlantic coastline, while reducing or eliminating threats to life and destruction of property, as well as post-storm disaster expenses and recovery costs.

All residential development in an adjacent area shall be in conformance with the minimum location and siting standards set forth in this article, including, among others, the following:

Established easements, accessways or roads held by the Trustees of the Freeholders and Commonalty of the Town of Southampton and/or other statutory public rights of access to and use of public trust lands and waters in the erosion hazard area and the adjacent area shall not be eliminated or restricted. Development shall not encroach upon public accessways, nor shall it limit the intended use of the accessways.

Additions to the principal structure of lawfully preexisting nonconforming single-family residences that comply with the provisions of Town Code § 138-17D are allowed in the adjacent area pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure, provided that the cumulative total of the ground coverage of such additions, calculated in accordance with the definition of "major addition" in Town Code § 138-5:

Floodproofing a lawfully preexisting nonconforming building located in the adjacent area by placing it on adequately anchored pilings at the elevation required by FEMA guidelines or such that at least three feet of open space exists between the floor joists and the surface of the preexisting grade, whichever results in the higher elevation, and leaving the space below the lowest horizontal structural members free of obstruction is allowed pursuant to a coastal erosion management permit. The building may not be located more seaward after the floodproofing than it was before. Floodproofing does not constitute reconstruction even if it costs more than 50% of the full replacement cost of the structure.

Development proposals shall incorporate all reasonable means and measures to avoid and or minimize adverse impacts to natural resources.

Prior to the issuance of any building permits or development approvals in an adjacent area, there shall be a written acknowledgement from the applicant and landowner that the applicant and landowner are aware of the risks associated with development in this hazardous area and the limited suitability of this area for permanent structures.

For residential lots and tracts, the total area of clearing or other disturbance of natural vegetation or natural grades ("site disturbance") shall not exceed the greater of the area preexisting the 2003 amendments; or the greater of the following area in square feet or percentages of total lot size:

Landscaping within the approved site disturbance area shall be at the discretion of the owner or occupant and not subject to regulation under this chapter. At the request of the Administrator, the owner shall deliver a survey by a licensed surveyor identifying the limits of site disturbance and the amount and percentage of the lot cleared or disturbed.

For purposes of these clearing limitations, the terms "lot," "tract" and "lot size" mean that portion of a lot or tract (which may be the entire lot or tract) located within the erosion hazard area and adjacent area.

Where two residential parcels are merged in the same name and title after the effective date of the original enactment of this chapter (December 1989) and contain only one single-family residence, the maximum allowable site disturbance shall not exceed 1 1/2 times the amount set forth in § 330-46.3A above.

For nonresidential lots or tracts proposed for development, the amount of site disturbance shall not exceed 50% of the area of the lot or tract.

Structural pedestrian walkways or accessways over dunes or bluffs and permeable driveways located landward of the applicable dune setback line shall be excluded from site disturbance calculations.

Any and all applications for a coastal erosion management permit or building permit within the erosion hazard area or the adjacent area shall include native revegetation and restoration measures sufficient to meet the standards set forth below:

The provisions of this section do not apply where the natural vegetation on a lot or tract has been substantially disturbed as a result of agricultural land uses prior to the effective date of the 2003 amendments; provided that such previously disturbed lands (or any portions thereof) that are left to revert to natural vegetation for a period of five years shall be subject to the provisions of this section.

Except as allowed pursuant to "emergency activities" of this article,[1] neither construction of new erosion protection structures nor reconstruction or modification of lawfully preexisting erosion protection structures is allowed in any erosion hazard adjacent area.

Normal maintenance and repair of a lawfully preexisting erosion protection structure and artificial beach nourishment are regulated activities which may be allowed pursuant to a coastal erosion management permit.

The following requirements apply to artificial beach nourishment and the normal maintenance of existing erosion protection structures and to the construction, modification or reconstruction of erosion protection structures where such is permitted by variance:

Alteration or enlargement of nonconforming structures, generally. Subject to the limitations set forth in § 330-46.5C and the provisions regarding non-major additions set forth in § 330-46.5D, a lawfully preexisting nonconforming building or structure or a building or structure which lawfully exists on a nonconforming lot may be enlarged, altered, reconstructed or repaired, provided that the degree of nonconformity is not thereby increased. For the purposes of this subsection, an increase in the degree of nonconformity shall include any increase in the amount of a nonconforming building's or structure's gross floor area which is located within a required setback area, or an increase in any portion of a building or structure located above the maximum height permitted or within the required pyramid law setback.

Rule governing nonconforming uses. The provisions of § 330-46.5A do not apply to a building or structure which is used by a nonconforming use. The enlargement or reconstruction of a building or structure used by a nonconforming use is prohibited unless the use is changed to a conforming use.

Limitations on reconstruction. Reconstruction of a nonconforming building or structure shall be limited as follows:

Additions to nonconforming, lawfully preexisting principal residences that are allowed pursuant to Town Code § 138-12B(1)(e) and Town Code § 138-12B(2)(c) must comply with the following conditions:

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 toe of the primary dune or bluff.

Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossing areas, and on bluffs.

Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune-crossing structures.

The requirements of this section shall apply to emergency activities that are immediately necessary to protect the public health, safety or welfare, including preventing damage to natural resources or to protect publicly owned or privately owned buildings and structures from major structural damage. Whenever emergency activities are undertaken, damage to natural protective features and other natural resources must be prevented, if possible, or minimized. For the purposes of this section, emergency activities are those proposed actions designed to protect buildings and structures from major structural damage, if those buildings are in imminent peril of incurring such damage because of flooding or erosion, or designed to prevent a structural failure of all or part of a building or structure which has already incurred major structural damage because of flooding or erosion, without which such buildings and structures may suffer such further failure as may cause such failed buildings and/or structures (or portions thereof) to exacerbate erosion, increase scouring, battering and/or scraping action and/or damage to other buildings, structures and natural or man-made protective features by water- or windborne remnants and debris from such failed buildings and/or structures.

Emergency activities shall be limited to the following actions:

This notification shall include the following information:

Prior to issuing an emergency authorization, the Administrator shall:

The Administrator shall issue a decision granting or denying the emergency authorization within two business days of receipt of the information required in Subsection A of this section. Such decision shall be issued by and bear the name and signature of the Administrator and, if the proposed activity is authorized, will specify the following:

An emergency authorization hereunder shall not be construed to make the building and/or structure habitable.

The Administrator may authorize any emergency activities specified in this article and warranted by the circumstances with reasonable conditions, including, but not limited to:

The Administrator shall apply the following guidelines in approving geotextile tube systems:

Duration of emergency authorization. An authorization for the undertaking of emergency activity pursuant to this section shall be valid for a period of time not to exceed six months. Such authorization may be renewed for one additional period not to exceed three months, provided that the person seeking to undertake the emergency activity requests such renewal in writing, the activity thus far undertaken pursuant to the Administrator's authorization is in full compliance with the terms and conditions of that authorization, and the Administrator finds that an emergency situation as described in this section still exists. All emergency activity authorized under this section shall be completed prior to the expiration of said emergency authorization, or the activity shall be deemed work subject to and requiring a coastal erosion permit pursuant to the other provisions of this article.

Removal of geotextile tube systems. Where the Administrator authorizes installation of a geotextile tube system as an emergency activity pursuant to this section, his determination authorizing the work shall specify that the applicant will remove the geotextile tube system in its entirety, and will complete any restoration work required by the Administrator's authorization, prior to the expiration of that authorization. In the event that the geotextile tube system is not fully removed from the property in question by the expiration date of the authorization, or the required restoration work has not been completed by that date, the Town shall have the right to enter upon the property to remove the system and/or to perform the uncompleted restoration work and shall have the right to use any security posted in connection therewith in order to undertake these tasks.

Exceptions to emergency power. Notwithstanding anything herein to the contrary, the provisions of this section shall not allow the Administrator to authorize the following activities:

Removal of any structure that was constructed or placed without a coastal erosion management permit.

The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without a coastal erosion management permit.

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:

The applicant for a permit shall have the proposed building envelope, or the proposed location of a structure that is not a building, and the perimeter of all areas to be disturbed staked on site by a licensed surveyor in accordance with the survey.

The Administrator shall review all proposed development in the hazard adjacent areas, in addition to review by the Building Inspector, to determine whether or not the proposed development activities and areas to be disturbed are in compliance with this article. The Administrator may request the Environment Division, Planning Division or Planning Board to make an inspection to assist in its determination. Should there be a violation, a stop-work order, as provided in Chapter 123 of the Town Code, shall be issued. It shall be the burden of the applicant to prove that the site disturbance complies with the provisions of this section by submission of an as-built survey. Should there be no violation, the stop-work order shall be lifted. Should said as-built survey depict a violation of these provisions, a revegetation and restoration plan, as provided in this article, shall be submitted to the Chief Environmental Analyst for review. The stop-work order may only be lifted once the Chief Environmental Analyst is satisfied that the disturbed areas have been properly revegetated and restored with native vegetation, consistent with the policies of the Town as set forth in this article.

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:

When more than one coastal erosion management permit is required for the same property or premises under this article, 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.

No permit shall be issued for new construction and site disturbance unless the standards and criteria of this article are met.

Permits for projects that have received all necessary approvals prior to the effective date of this chapter are excluded from further review.

Walkways, catwalks and accessways that have received a Trustee permit do not require a separate coastal erosion management permit. The Administrator shall refer all applications for other activities occurring on, or potentially affecting, the area between mean high water and the crest of the primary dune to the Trustees for review in relation to applicable Trustee rules and regulations and shall consider any recommendations of the Trustees in making a final determination on an application.