[Added 2-15-2022 by L.L. No. 4-2022]
A.
The enactment of the Village Code Article XII, be it enacted by the Board of Trustees of the Village of North Haven as follows.
B.
Title. This article shall be known as the Village of North Haven
Shoreline Management Law.
C.
Purpose. It is the purpose of this article to:
(1)
Establish standards and procedures for minimizing and preventing
damage from coastal flooding and erosion and to protect natural protective
features and other natural resources. The Village's shorelines are
vital resources, provide scenic qualities, important habitat value,
recreational opportunities, and are located within the Peconic Estuary
which is a New York State listed critical environmental area.
(2)
Regulate, in coastal 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,
other natural resources, and to promote public health and safety.
(3)
Regulate the construction of flood and erosion protection solutions,
through the Planning Board review process, in coastal areas subject
to serious erosion, to assure that when the construction of flood
and erosion protection solutions is justified, 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.
D.
BEACH
BLUFF
BLUFF CREST
BLUFF FACE
BLUFF TOE
BUILDING INSPECTOR
COASTLINE and COASTAL WATERS
DUNE
EROSION
EXISTING FLOOD AND EROSION PROTECTION SOLUTION
FLOOD AND EROSION PROTECTION SOLUTION
GRADING
MAJOR REPAIR/RESTORATION/REPLACEMENT OF EXISTING ELEVATED WALKWAYS
OR STAIRWAYS THAT ACCESS THE BEACH
MEAN LOW WATER
MINOR REPAIR/RESTORATION/REPLACEMENT OF EXISTING ELEVATED WALKWAYS
OR STAIRWAYS THAT ACCESS THE BEACH
NATURAL PROTECTIVE FEATURE
NEARSHORE AREA
NONSTRUCTURAL SOLUTIONS
PERSON
PLANNING BOARD
REGULATED ACTIVITY
(1)
(2)
(3)
REPAIR/RESTORATION/REPLACEMENT OF FLOOD AND EROSION PROTECTION
SOLUTIONS
UNREGULATED ACTIVITY
(1)
(a)
(b)
(c)
(2)
VEGETATION
VEGETATION MANAGEMENT
Definitions. The following terms used in this article have the meaning
indicated, unless the context clearly requires otherwise:
The zone of unconsolidated earth that extends landward from
the mean low water line to the waterward toe of a dune or bluff, whichever
is most waterward. In cases where no dune or bluff exists, then the
"beach" shall be all land lying between such body of water and the
landward edge of beach grass or the upland vegetation if no beach
grass is naturally occurring.
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water.
The highest surface point on a sloped bank prior to the transition
to flat or near-flat area landward.
The area of the bluff between the crest and the toe.
The lowest surface point on a slope face of a dune or bluff.
The local official responsible for administering and enforcing this article. The powers and duties of this position are more fully described in § 163-99C.
The lands adjacent to the Village's coastal waters is the
coastline. Coastal waters are the Shelter Island Sound, Noyack Bay,
Sag Harbor Cove, and their connecting water bodies, bays, harbors,
shallows, creeks and marshes.
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
The loss or displacement of land along the coastline due
to the action of waves, currents, wind-driven water, waterborne ice,
or other impacts of storms. It also means the loss or displacement
of land due to the action of wind, runoff of surface waters, or groundwaters,
or groundwater seepage.
A structural solution or nonstructural solution, and appurtenances
in existence or one where construction has commenced or one where
construction has not begun but for which a building permit has been
issued prior to February 15, 2022, which is the effective date of
this article.
A structural solution or nonstructural solution, specifically
designed to reduce or prevent flooding and/or erosion. This definition
shall be deemed to include a seawall, bulkhead, rock revetment, or
a sloped revetment comprised of natural materials such as coir blocks/envelopes/logs
and the placement of rocks or other materials in the nearshore or
intertidal area (rock sills or breakwaters) for the purpose of reducing
wave activity and/or creating a living shoreline.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
The repair, restoration or reconstruction without modification
of an existing elevated walkway or stairway that accesses the beach,
the cost of which is greater than 50% of the estimated full replacement
cost of the structure at the time of restoration. Major repair/restoration/replacement
of an elevated walkway or stairway that accesses the beach requires
Planning Board review and approval and a shoreline management permit.
For each location, the most recent determination by the National
Oceanic and Atmospheric Administration (National Ocean Survey). All
references shall be to the nearest listed tidal benchmark.
The repair, restoration or reconstruction without modification
of an existing elevated walkway or stairway that accesses the beach,
the cost of which is less than 50% of the estimated full replacement
cost of the structure at the time of restoration. Minor repair/restoration/replacement
of an elevated walkway or stairway that accesses the beach does not
require Planning Board review and approval but does require review
and approval by the Building Inspector and a building permit.
A nearshore area, beach, bluff, wetland, dune or marsh, and
its vegetation.
Those lands under water beginning at the mean low water line
and extending waterward in a direction perpendicular to the shoreline
to a point where mean low water depth is 15 feet, or to a horizontal
distance of 1,000 feet from the mean low water line, whichever is
greater.
Shoreline stabilization approaches using only beach-compatible
sand fill material, vegetation, and natural materials (excluding rock)
such as coir fibers or logs, designed and installed to mimic characteristics
of natural features, but are created by human design, engineering,
and construction to provide erosion or flood protection. This definition
is intended to include, but not be limited to, vegetation management,
slope or bank grading, marsh restoration or creation, beach nourishment,
and dune creation and restoration.
Any individual, public or private corporation, political
subdivision, government agency, public improvement district, partnership,
association, firm, trust, estate, or any other legal entity whatsoever.
The legislative board of the Village of North Haven responsible
for reviewing and approving shoreline management applications.
The construction, modification, addition to, repair/restoration/replacement
or placement of a flood and erosion protection solution.
Any action or use of land which materially alters the condition
of any natural protective feature, including grading, excavating,
dumping, mining, dredging, filling, or other disturbance of soil including
beach nourishment.
Construction of elevated walkways or stairways for the purpose
of providing access to the beach.
The in-kind, in-place repair, restoration or reconstruction
of a solution without modification to location, dimensions or materials.
A shoreline protection permit is required for repair/restoration/replacement
of an existing flood and erosion protection solution.
Excepted activities which are not regulated by this article
include:
Beach cleanup.
Planting beach-compatible vegetation (listed on the Village
of North Haven list of recommended native plants) without irrigation,
on existing shoreline types exclusive of any flood and erosion protection
solution defined above and excluding any areas designated as official
wetlands by a wetlands surveyor.
Maintenance of flood and erosion protection solutions when in
compliance with a previously approved maintenance program.
All of the aforementioned activities should not require the
use of heavy equipment or machinery to be brought onto the beach.
Plant life capable of surviving and successfully reproducing
in the area or region and which is compatible with the environment
of the shoreline area.
The targeted control and elimination of unwanted vegetation
including weeds and other invasive species that pose a risk to infrastructure
by manual, mechanical, biological and/or chemical means (herbicides).
Examples include but are not limited to pruning or removal of trees
that threaten slope stability and seeding, planting or otherwise promoting
desirable, stable low-growing plant communities that are compatible
with the local environment and infrastructure.
A.
Regulated areas. This article applies to all waterfront properties
in the Village of North Haven bounded by coastal waters. A map of
regulated areas is attached to the shoreline management permit application
as Appendix A and also defines each property according to existing
shoreline type.
B.
Requirements. No person may engage in any regulated activity without
first obtaining a shoreline management permit. No shoreline management
permit is required for unregulated activities.
C.
General standards. A shoreline management permit will be issued only
with a finding by the Planning Board that the proposed regulated activity:
(1)
Is reasonable and necessary, considering reasonable alternatives
to the proposed activity and the extent to which the proposed activity
qualifies for a shoreline protection solution.
(2)
Is not likely to cause a measurable increase in erosion at the proposed
site and at other locations.
(3)
Prevents, if possible, or minimizes adverse effects on natural protective
features and their functions and protective values, existing flood
and erosion protection solutions, and natural resources.
D.
Shoreline protection solutions permitted by shoreline type. The following
regulations will be taken into consideration by the Planning Board
when reviewing applications for shoreline management permits by shoreline
type. Specific circumstances should be addressed in applications such
as adjacent shoreline protection solutions that may override the following
regulations. Homeowners may reference Appendix A of the shoreline
management permit application to understand how their property has
been categorized according to existing shoreline type.
|
Type
|
Existing Shoreline Types
|
|---|---|
|
1
|
High Bluff
|
|
2
|
Medium/Low Bluff
|
|
3
|
Marsh/Beach Shoreline
|
E.
Shoreline protection solution regulations.
(1)
High bluff areas.
(a)
High bluffs along the North Haven shoreline consist of tall,
steep bluffs, generally greater than 20 feet tall, that transition
into a gradually sloped beach at the bluff toe. Some existing high
bluffs have dense vegetation along their slope which acts as a natural
erosion deterrent. However, other portions of high bluffs may be devoid
of vegetation and may experience significant erosion. The majority
of high bluffs exist along the western, northwestern, and southeastern
shorelines.
(b)
The following activities are prohibited on bluffs:
[1]
Excavating or mining except when in conjunction with conditions
stated in a shoreline management permit issued for alterations in
construction of a shoreline protection solution or for provision of
shoreline access.
[2]
All development unless specifically allowed by this section.
[3]
Installation of permanent irrigation systems. Temporary, aboveground
irrigation systems may be allowed for the period of two growing seasons
only, when nonstructural solutions are permitted with a shoreline
management permit.
[4]
Disturbance of active bird nesting and breeding areas unless
such disturbance is pursuant to a specific wildlife management activity
approved in writing by the Department of Environmental Conservation
of the State of New York or any other authorized regulatory agency.
[5]
Soil disturbance that directs surface water runoff over a bluff
face.
(c)
Permitted activities:
[1]
A two-tier design to stabilize both the face and crest of the
bluff and the toe of eroding high bluffs. The first tier of the design
along the toe of the bluff up to the wave runup and overtopping limit
and the second tier of the design extending above the toe, along the
face and the crest of the bluff.
[a]
Tier 1. Along the toe of the bluff, the Village
of North Haven will permit either structural solutions or nonstructural,
natural or nature-based erosion protection solutions.
[i]
Structural solutions for toe protection shall generally consist
of sloping rock revetment. Vertical walls comprised of concrete, steel,
timber, composite materials or stone are not permitted unless already
existing at the site. The following materials are not permissible
for use as structural solutions: wire basket gabions, concrete blocks,
broken concrete rubble, railroad ties, tires, telephone poles, and
pouring concrete over existing rock protection structures.
[ii]
Nonstructural solutions shall generally consist of stabilization
approaches using only beach-compatible sand fill material, vegetation,
and natural materials (excluding rock) such as coir fiber or logs,
designed and installed to mimic characteristics of natural features,
but are created by human design, engineering, and construction to
provide erosion or flood protection.
[b]
Tier 2. Along the face and the crest of the bluff, the Village
will permit reshaping (cut and/or fill to achieve a stable slope)
of the bluff and nonstructural solutions including geotextiles and
vegetation.
[2]
Restoration/replacement and repair of existing flood and erosion
protection solutions shall require a shoreline management permit.
[3]
Elevated walkways or stairways constructed for the purpose of
providing access to the beach shall require approval by the Planning
Board before the issuance of a shoreline management permit. The Planning
Board shall require that beach access structures:
[a]
Are designed and constructed in a manner which
results in negligible destabilization of the bluff or diminution of
the bluff's protective value;
[b]
Do not exceed four feet in width and are raised
on posts or piling at least two feet above existing grade;
[c]
Do not diminish the bluff's role as a natural protective
barrier against flooding and erosion; and
[d]
To the extent construction disturbs any areas of
vegetation, that the disturbed areas be revegetated with appropriate
native vegetation.
[4]
Minor restoration/replacement and repair of existing elevated
walkways or stairways constructed for the purpose of providing access
to the beach shall require review and approval by the Building Inspector
before the issuance of a building permit.
[5]
Major restoration/replacement and repair of existing elevated
walkways or stairways constructed for the purpose of providing access
to the beach shall require review and approval by the Planning Board
before the issuance of a shoreline management permit.
(2)
Medium/low bluff areas.
(a)
The majority of medium to low bluffs (generally less than 20
feet high) are found within the southeastern, western, and southwestern
zones of the peninsula. In these locations, local vegetation may be
found along the bluff face and crest. However, similar to unstable
sections of high bluff, portions of medium/low bluffs may be devoid
of vegetation and may have a steep eroding slope.
(b)
The following activities are prohibited on bluffs:
[1]
Excavating or mining except when in conjunction with conditions
stated in a shoreline management permit issued for alterations in
construction of a shoreline protection solution or for provision of
shoreline access.
[2]
All development unless specifically allowed by this section.
[3]
Installation of permanent irrigation systems. Temporary, aboveground
irrigation systems may be allowed for the period of two growing seasons
only, when nonstructural solutions are permitted with a shoreline
management permit.
[4]
Disturbance of active bird nesting and breeding areas unless
such disturbance is pursuant to a specific wildlife management activity
approved in writing by the Department of Environmental Conservation
of the State of New York or any other authorized regulatory agency.
[5]
Soil disturbance that directs surface water runoff over a bluff
face.
(c)
Activities permitted under this section are:
[1]
Nonstructural erosion protection solutions along portions of
the bluff which are subject to instability and erosion. Nonstructural
solutions shall generally consist of stabilization approaches using
only beach-compatible sand fill material, vegetation, and natural
materials (excluding rock) such as coir fiber or logs, designed and
installed to mimic characteristics of natural features, but are created
by human design, engineering, and construction to provide erosion
or flood protection.
[a]
Should the nonstructural solution fail over time, an applicant is expected to document maintenance of the nonstructural solution according to the maintenance plan established in § 163-98F(4), and must establish a failure of the nonstructural solution. [See Section § 163-98E(5).]
[b]
If such triggers are met, structural solutions
may be considered by the Planning Board for the subject property if
the property owner chooses to submit an application for a structural
solution.
[2]
Restoration/replacement and repair of existing flood and erosion
protection solutions are allowed pursuant to a shoreline management
permit.
[3]
Elevated walkways or stairways constructed for the purpose of
providing access to the beach shall require approval by the Planning
Board before the issuance of a shoreline management permit. The Planning
Board shall require that beach access structures:
[a]
Are designed and constructed in a manner which
results in negligible destabilization of the bluff or diminution of
the bluff's protective value;
[b]
Do not exceed four feet in width and are raised
on posts or piling at least two feet above existing grade;
[c]
Do not diminish the bluff's role as a natural protective
barrier against flooding and erosion; and
[d]
To the extent construction disturbs any areas of
vegetation, that the disturbed areas be revegetated with appropriate
native vegetation.
[4]
Minor restoration/replacement and repair of existing elevated
walkways or stairways constructed for the purpose of providing access
to the beach shall require review and approval by the Building Inspector
before the issuance of a building permit.
[5]
Major restoration/replacement and repair of existing elevated
walkways or stairways constructed for the purpose of providing access
to the beach shall require review and approval by the Planning Board
before the issuance of a shoreline management permit.
(d)
Preexisting nonstructural solutions.
[1]
Nonstructural solutions that pre-date the effective date of February 15, 2022, of this article, and are in the medium/low bluff shoreline areas or marsh/beach shoreline areas and are experiencing failures must submit an application to the Planning Board for a structural solution if bluff failure triggers are met [see § 163-98E(6)]. If such triggers are met, structural solutions may be considered for the subject property.
(3)
Marsh/beach shoreline areas.
(a)
Marshes and beaches are common along portions of the shoreline
which experience a low to moderate wave climate and can be found in
the southwestern, northern, northeastern, eastern, and southeastern
zones. Marshes and beaches have low crest elevations. Since the elevation
of the crest is low, the toe, face, and crest of the marshes/beaches
will be inundated, and erosional forces will be acting on the profile
as a whole. As such, the design target shall be to stabilize the toe,
the face, and the crest of the profile.
(b)
The following activities are prohibited on beaches:
[1]
All development is prohibited on beaches unless specifically
provided for by this article.
[2]
Excavating, grading, or mining which diminishes the erosion
protection afforded by beaches is prohibited.
[3]
Installation of permanent irrigation systems. Temporary, aboveground
irrigation systems may be allowed for the period of two growing seasons
only, when nonstructural solutions are permitted with a shoreline
management permit.
[4]
Clean sand or gravel of an equivalent or slightly larger grain
size is the only material which may be deposited within beach areas.
Any beach replenishment will require a shoreline management permit
which shall only be issued for expansion or stabilization of beaches.
[5]
Disturbance of active bird nesting and breeding areas must not
be disturbed unless such disturbance is pursuant to a specific wildlife
management activity approved in writing by the New York State Department
of Environmental Conservation.
(c)
Permitted:
[1]
The Village of North Haven will permit nonstructural erosion
protection solutions comprised of natural materials (excluding rock)
along portions of marsh/beach. Nonstructural solutions shall generally
consist of stabilization approaches using only beach-compatible sand
fill material, vegetation, and natural materials (excluding rock)
such as coir fiber or logs, designed and installed to mimic characteristics
of natural features, but are created by human design, engineering,
and construction to provide erosion or flood protection.
[a]
Should the nonstructural solution fail over time, an applicant is expected to document maintenance of the nonstructural solution according to the maintenance plan established in § 163-98F(4), and must establish a failure of the nonstructural solution. [See § 163-98E(5).]
[b]
If such triggers are met, structural solutions
may be considered by the Planning Board for the subject property if
the property owner chooses to submit an application for a structural
solution.
[2]
Restoration/replacement or repair of existing flood and erosion
protection solutions are allowed pursuant to a shoreline management
permit.
[3]
Coastal restoration projects (beach nourishment, marsh enhancement
and living shorelines) are regulated activities that are allowed pursuant
to a shoreline management permit, which shall be issued only for expansion
or stabilization of beaches. Clean sand or gravel of an equivalent
or slightly larger grain size is the only material that may be deposited
within beach areas.
(4)
Natural shoreline bounded by existing structural solutions. If a
naturally vegetated property is bounded by two structural solutions,
and is experiencing erosion, the Village of North Haven will permit
a structural solution if the property is located in a medium/low bluff
shoreline area or a marsh/beach shoreline area. It is not necessary
for the homeowner to request a variance from the Zoning Board of Appeals.
(5)
Bluff failure triggers. Any one (not all) of the following criteria
shall constitute failure of the nonstructural solution and shall warrant
consideration of a subsequent application for a structural solution.
Following are conditions for consideration:
(a)
One foot of horizontal retreat of the top of the bluff measured
from the final top of bluff position as documented in an "as-built"
survey and by photographs after initial project, construction. Localized
retreat at discreet point(s) (e.g., tree falls) along the top shall
not be considered failure. One foot shall be measured as the average
retreat over at least 50% of the length of the top of bluff as demonstrated
by a current survey as compared to the "as-built" survey.
(b)
Two feet of horizontal retreat of the toe of bluff measured
from the final toe of bluff position as documented in an "as-built"
survey and by photographs after initial project construction. Localized
retreat (e.g., scarp) at single point(s) along the toe shall not be
considered failure. Two feet shall be measured as the average retreat
over at least 50% of the length of the toe of the bluff as demonstrated
by a current survey as compared to the "as-built" survey.
(c)
Destabilization of components of the nonstructural solutions
including displacement or undermining of 30% of the design after two
documented cases of damage and subsequent repairs as documented by
before and after photographs and maintenance records.
(6)
Properties constructing flood and erosion protection solutions will be required to implement a naturalized buffer consistent with § 163-20B(6).
(7)
Replacement of existing bulkheads. A shoreline management permit
is required for the repair/restoration/replacement of existing, nonconforming
flood and erosion solutions including but not limited to bulkheads
and seawalls. As the preference is for more natural solutions, where
preexisting, nonconforming solutions exist, applicants are requested
to consider replacing the nonconforming structure with a flood and
erosion protection solution permitted by this Code for the shoreline
type pertaining to the property (high bluff, medium/low bluff, beach/marsh).
Natural flood and erosion protection solutions that are permitted
by this Code have a lessened erosional impact on the beach than vertical
bulkheads.
F.
Flood and erosion protection solution requirements. The following
requirements apply to the construction, modification, or repair/restoration/replacement
of flood and erosion protection solutions:
(1)
The construction, modification, or restoration/replacement and repair
of flood and erosion protection solutions must:
(2)
All flood and erosion protection solutions must be designed and constructed
according to generally accepted engineering principles which have
demonstrated success, or, where sufficient data are not currently
available, a likelihood of success in controlling long-term erosion.
The protective measures must have a reasonable probability of controlling
erosion on the immediate site for at least 30 years.
(3)
All materials used in such solutions must be durable and capable
of withstanding inundation, wave impacts, weathering, and other effects
of storm conditions for a minimum of 30 years. Individual component
materials may have a working life of less than 30 years only when
a maintenance program ensures that they will be regularly maintained
and replaced as necessary to attain the required 30 years of erosion
protection.
(4)
A long-term maintenance program must be included with every permit
application of construction, modification, or restoration of a flood
and erosion protection solution. The maintenance program must include
specifications for normal maintenance of degradable materials.
A.
Shoreline management permits. A shoreline management permit will be issued for regulated activities as defined above in § 163-98F, restrictions, and requirements of the applicable sections of this article, providing the following is adhered to:
(1)
The application for a shoreline management permit must be made upon
the form provided by the Village and must include the following minimum
information:
(a)
A description of the proposed activity including coastal design
parameters utilized in the design.
(b)
A map drawn to a scale no smaller than 1:24,000, showing the
location of the proposed activity.
(c)
Project plans showing proposed conditions and typical cross-sections.
Projects consisting of structural solutions must be signed and sealed
by a professional engineer licensed in New York State.
(d)
Design plans for structural solutions shall be signed and sealed by a professional engineer licensed in the State of New York and validated by best practices in coastal engineering including but not limited to guidelines by the U.S. Army Corps of Engineers and New York State Department of Environmental Conservation (see § 163-98F).
(e)
Any additional information the Planning Board may require to
properly evaluate the proposed activity.
(2)
Each application for a shoreline management permit must be accompanied
by the required fee or fees as established by the Village Board of
Trustees under separate resolution.
(3)
Applications for shoreline management permits will be reviewed by
the North Haven Planning Board in consultation, with any consulting
professional the Planning Board deems appropriate under the circumstances
of the application including but not limited to the Village coastal
engineering consultant, Village environmental consultant and the Village
Engineer. The fees for the Village consultants will be paid by the
applicants.
(4)
Upon approval by the Planning Board, shoreline management permits
will be issued by, and bear the name and signature of, the Building
Inspector, and will specify the:
(a)
Activity or operation for which the permit is issued.
(b)
Address or location where the activity or operation is to be
conducted.
(c)
Name and address of permittee.
(d)
Permit number and date of issuance.
(e)
Period of permit validity. If not otherwise specified, a permit
will expire one year from the date of approval.
(f)
The terms and conditions of the approval.
(5)
When more than one shoreline 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.
B.
Performance bond.
(1)
Before the issuance of a shoreline management permit, the Village
Planning Board may require that the owner of record/applicant of the
premises and/or representative execute and file with the Village Clerk
a surety company bond approved by the Village Planning Board as to
form and sufficiency and conditioned upon the faithful and punctual
performance of the work required to be performed pursuant to the shoreline
management permit and for compliance with other conditions contained
in the permit covering the operation.
(2)
The bond shall cover the work to be done during the term of the permit.
(3)
If a renewal of the permit is applied for, the Village Planning Board
shall redetermine the amount of performance bond required for the
renewal period.
(4)
The amount of said performance bond shall be fixed by the Village
Planning Board.
(5)
The bond shall be forfeited upon failure to cure any default after
60 days' written notice, mailed to the owner and/or owner's representative
at the address shown on the permit application.
C.
Administrator. The authority for administering and enforcing this
article is hereby conferred upon the Building Inspector. The administrator
has the powers and duties to:
(1)
Apply the regulations, restrictions, and standards or other provisions
of this article.
(2)
Explain to applicants the map which designates the land and water
areas subject to regulation and advise applicants of the standards,
restrictions and requirements of this article.
(3)
Review and take appropriate actions on completed applications.
(4)
Issue and sign all approved permits.
(5)
Transmit written notice of violations and issue summonses to property
owners or to other responsible persons.
(6)
Prepare and submit reports.
(7)
Perform compliance inspections.
(8)
Serve as the primary liaison with the New York State Department of
Environmental Conservation.
(9)
Perform normal and customary administrative functions required by
the Village, relative to this article.
(10)
Have, in addition, powers and duties as are established in or
reasonably implied from this article as are necessary to achieve its
stated purpose.
D.
Variances and appeals. Strict application of the standards and restrictions
of this chapter may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified.
(1)
Zoning Board of Appeals. The Zoning Board of Appeals is hereby designed
and has the authority to:
(a)
Hear, approve, approve with modification or deny requests for
variance of other forms of relief from the requirements of this chapter.
(b)
Hear and decide appeals where it is alleged there are errors
in any order, requirement, decision or determination made by the Planning
Board or the Building Inspector in the enforcement of this chapter,
including any order requiring an alleged violation or stop-work order.
(2)
Requests for variances. Any request for a variance must be in writing
to the Zoning Board of Appeals and specify the standard, restrictions
or requirement to be varied and submitted on standard forms prescribed
by the Zoning Board of Appeals.
(3)
Appeals. The Zoning Board of Appeals may, in conformity with the
provisions of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination of the
Planning Board or Building Inspector, including stop-work orders.
The rules and procedures for filing appeals are as follows:
(a)
Appeals must be filed with the Zoning Board of Appeals within
30 days of the date of the adverse decision.
(b)
All appeals made to the Zoning Board of Appeals must be in writing
on standard forms prescribed by the Board with the fee.
(c)
All appeals must refer to the specific provisions of this chapter
involved, specify the alleged errors, the interpretation thereof that
is claimed to be correct and the relief which the appellant claims.
(4)
Fees. Each variance request or appeal must be accompanied by the
required fee or fees as established by the Village Board of Trustees
under separate resolution.
E.
Interpretation. The provisions, regulations, procedures and standards
of this article will be held to be the minimum requirements necessary
to carry out the purposes of this article.
F.
Conflicts. The provisions of this article will take precedence over
any other laws, ordinances, or codes in effect in the Village to the
extent that the provisions of this article are more stringent than
such other laws, ordinances, or codes. A shoreline management permit
issued pursuant to this article does not relieve the permit applicant
from the responsibility of obtaining other permits or approvals as
may be necessary nor does it convey any rights or interest in real
property.
G.
Severability. The provisions of this article are severable. If any
clause, sentence, paragraph, subdivision, section or part is adjudged
invalid by a court of competent jurisdiction, the effect of such order
or judgment does not affect or invalidate any other provisions of
this article or their application to other persons and circumstances.
H.
Environmental review. All regulated activities are subject to the
review procedures required by the New York State Environmental Quality
Review Act (SEQRA), Article 8 of the New York State Environmental
Conservation Law. The applicant may be required to submit information
necessary for compliance with SEQR in addition to information required
under this article.
I.
Violations and penalties. A violation of this article is hereby declared
to be an offense punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed six months or both. Each day's continued
violation of this article will constitute a separate additional violation.
Nothing herein will prevent the proper local authorities of the Village
from taking such other lawful actions or proceedings as may be necessary
to restrain, correct, or abate any violation of this article.
