§ 76-1. Legislative intent.

A. 

Purpose. The Town Board of the Town of Brookhaven hereby declares its intent to establish a coastal erosion management program pursuant to its authority under Article 34 of the Environmental Conservation Law, applicable to the Town's north shore and Fire Island coastal areas, in furtherance of this Board's ongoing policy of preservation, protection and enhancement of the Town's unique natural environment by implementing this program and through the regulatory framework for the Town's coastal areas as set forth herein below, which includes but is not limited to the following goals and objectives:

(1) 

To establish standards calculated to minimize and/or prevent damage to existing structures from coastal flooding and erosion and to preserve natural protective features and/or other natural resources.

(2) 

To regulate land use and development activities so as to minimize and/or prevent damage and/or destruction to existing physical improvements, natural protective features, other natural features and resources, and for the protection of human life.

(3) 

To regulate new construction in environmentally sensitive areas, including but not limited to the siting of structures a safe distance away from areas of active erosion and away from reasonably anticipated impacts of coastal storms in order to prevent premature damage and/or destruction thereof, and prevent damage to natural protective features and other natural resources.

(4) 

To regulate the construction of erosion protection structures in coastal areas which are subject to serious erosion, in order to assure that, if justified, the construction and operation of such structures will minimize or prevent damage of or destruction to improvements thereto on private and public real property, natural protective features, and other natural resources.

(5) 

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

B. 

Findings. This Town Board hereby finds and determines that the coastal erosion hazard areas, located on its north shore and Fire Island shorelines:

(1) 

Are prone to erosion from the action of the Long Island Sound and the Atlantic Ocean, respectively. 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.

(2) 

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 the replacement of essential public facilities and services.

(3) 

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.

(4) 

Are the subject of programs which foster erosion protection structures, either with private or public funds, which are costly, often only partially effective over time, and may even be harmful to adjacent or nearby properties. In some sections of the Town, major erosion protection structures of great length would be required to effectively reduce future damages due to erosion.