Strict application of the standards and restrictions of this
local law may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified provided that the following criteria are met:
(A) No reasonable, prudent, alternative site is available.
(B) All responsible means and measures to mitigate adverse impacts on
natural systems and their functions and values have been incorporated
into the activity's design at the property owner's expense.
(C) The development will be reasonably safe from flood and erosion damage.
(D) The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for the requested variance.
(E) Where public funds are utilized, the public benefits must clearly
outweigh the long-term adverse effects.
Any request for a variance must be in writing and specify the standard, restriction, of requirement to be varied and how the requested variance meets the criteria of §
169-15 of this local law. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
[Amended 11-17-2022 by L.L. No. 32-2022]
Each variance request must be accompanied by the required fee
of one thousand two hundred fifty ($1,250) dollars.
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one
(1) year from the date of approval or approval with modifications
or conditions. Variances expire at the end of this one (1) year period
without further hearing or action by the Coastal Erosion Hazard Board
of Review.
The Town Board, is hereby designated as the coastal Erosion
Hazard Board of Review and has the authority to:
(A) Hear, approve, approve with modification or deny requests for variances
or other forms of relief from the requirements of this local law.
(B) Hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the Administrator
in the enforcement of this local law, including any order requiring
an alleged violator to stop, cease and desist.
The Coastal Erosion Hazard Board of Review may, in conformity
with the provisions of this local law, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or determination
of the Administrator, including stop or cease and desist orders. Notice
of such decision will forthwith be given to all parties in interest.
The rules and procedures for filing appeals are as follows:
(A) Appeals must be filed with the Town Clerk within thirty (30) days
of the date of the adverse decision.
(B) All appeals made to the Coastal Erosion Hazard Board of Review must
be in writing on standard forms prescribed by the Board. The Board
will transmit a copy to the Commissioner of the New York State Department
of Environmental Conservation for his information.
(C) All appeals must refer to the specific provisions of this local law
involved, specify the alleged errors, the interpretation thereof that
is claimed to be correct and the relief which the appellant claims.
(D)
Retention of outside consultants
and independent studies.
[Added 11-16-2023 by L.L. No. 29-2023]
(i)
Legislative intent. It is the intention of the Town Board to
protect the health, safety and welfare of those residing in neighboring
properties and the community-at-large and specifically real property
located in a coastal erosion hazard area from the impacts of land
development, and to facilitate the expeditious processing of applications
by providing the Department of Maritime Services and the Coastal Erosion
Hazard Board of Review with a mechanism by which they can seek the
assistance of outside professionals and/or commission independent
studies at the applicant's expense to assist in evaluating any
matter involving an application to the Department of Maritime Services
or an Appeal by an applicant to the Coastal Erosion Hazard Board of
Review over which the Coastal Erosion Hazard Board of Review Board
has jurisdiction. In order to accomplish these goals, the Town Board
is exercising its police power and authority under § 10(1)(ii)(a)(6),
(11) & (12) and § 10(1)(ii)(d)(3) of the Municipal Home
Rule Law; the New York State Constitution; § 64(23) and
§ 130(15) of the Town Law, and any other applicable provision
of law now or hereinafter enacted so as to require full payment of
all such fees as a condition of approval of a permit to allow construction
in a coastal erosion hazard area, and the issuance of a building permit
or other Town approval.
(ii)
As a condition of processing any matter over which it has jurisdiction, and except as otherwise set forth in Chapter
194 for Wireless Telecommunications Facilities, the Department of Maritime Services and or the Coastal Erosion Hazard Board of Review may, at any time, require an applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any other required fee. Within thirty (30) days of the date on the written request for payment, the applicant shall submit to the Department of Audit & Control a fee determined by The Department of Maritime Services or the Coastal Erosion Hazard Board of Review, or its designee, and the fee shall be deposited into an account to be utilized by the Town to pay for such services during the review process. Upon request, the applicant shall be provided with copies of invoices submitted to the Town for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within twenty (20) days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant any unused portion of the sums on deposit shall be returned to the applicant.
(iii)
In its discretion the Department of Maritime Services and the
Coastal Erosion Board of Review may adopt or reject, in whole or in
part, the findings and determinations of any consultant or study commissioned
by the Board or applicant.