§ 85-379. OFD Oceanfront Dune District.  


Latest version.
  • A. 
    Application of this section. The provisions of this section shall apply to that area of the Great South Beach extending from the mean high tide mark landward to the crest of the primary dune as defined by the Fire Island National Seashore on OGP-0004 and on Suffolk County Property Maps, Section Nos. 985.70 through 987 (Brookhaven), as mapped in November 1976, and landward an additional 40 feet beyond the crest of the primary dune. The aforementioned defined area shall be known as the "OFD Oceanfront Dune District."
    B. 
    Legislative intent. The Town Board acknowledges the crucial function that the sand dunes located along the Great South Beach provide in protecting and preserving the inland areas of Fire Island from storm damage and erosion. Thus, the Town Board has concluded that it is essential that these dunes be preserved so that they may continue to protect the whole of the Great South Beach. It is with the purpose of safeguarding the health, safety and welfare of the public that the Town Board has seen fit to institute the regulations regarding the dune district which are contained in this section.
    C. 
    Permitted uses. In the OFD Oceanfront Dune District, no building, structure or premises shall be used or occupied and no building or part thereof shall be erected, extended or added to except for one or more of the following uses:
    (1) 
    Reconstruction and/or repair of a building or structure as permitted under Subsection D of this section.
    (2) 
    Community vehicular crossing and private or community pedestrian dune crossings necessary for access to areas behind the dune.
    (3) 
    Snow fences of the type approved by the Town of Brookhaven.
    D. 
    Continuation of existing uses.
    (1) 
    Those alterations necessary to accomplish the proper and routine maintenance of existing structures are permitted.
    (2) 
    Reconstruction of a building or structure is permitted to previous dimensions in the OFD Oceanfront Dune District, except where said building or structure was damaged by virtue of fire, explosion, acts of God or other causes to the extent of not more than 75% of its full value. Where damage exceeds 75% of the full value of the building or structure, said building or structure shall be reconstructed and/or repaired in conformity with the dimensions as stated in this article. For the purposes of this section, full value shall be computed by applying the current state equalization rate to the current assessed value of the building or structure.