A coastal erosion management permit will be issued for regulated activities which comply with §
99-9 General standards, and the restrictions and requirements of the applicable sections of this chapter, provided that the following is adhered to:
A. The application for a coastal erosion management permit
must be made upon the form provided by the Commissioner of Environmental
Control or his or her designee and must include the following minimum
information:
(1) A description of the proposed activity.
(2) A map drawn to a scale no smaller than 1:24,000, showing
the location of the proposed activity.
(3) Any additional information the Commissioner of Environmental
Control or his or her designee may require to properly evaluate the
proposed activity.
B. 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.
C. Permits will be issued by and bear the name and signature
of the Town Clerk and will specify:
(1) The activity or operation for which the permit is
issued.
(2) The address or location where the activity or operation
is to be conducted.
(3) The name and address of permittee.
(4) The permit number and date of issuance.
(5) The period of permit validity. If not otherwise specified,
a permit will expire one year from the date of issuance.
(6) The terms and conditions of the approval.
D. When more than one coastal erosion management permit
is required for the same property or premises under this chapter,
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.
E. A coastal erosion management permit may be issued
with such terms and conditions as are necessary to ensure compliance
with the policies and provisions of Article 34 of the Environmental
Conservation Law, the Coastal Erosion Management Regulations implementing
Article 34 (6 NYCRR 505) and the laws and policies of the Town.
F. When an application is made for a coastal erosion
management permit, variance thereto or other form of approval required
by this chapter and such activity is subject to other permit, variance,
hearing or application procedures required by another federal, state
or local regulatory agency pursuant to any federal, state or local
law or ordinance, the Commissioner of Environmental Control or his
or her designee shall, at the request of the applicant, consolidate
and coordinate the application, permit, variance and hearing procedures
as required by each regulatory agency into a single, comprehensive
hearing and review procedure. However, nothing contained in this section
shall be deemed to limit or restrict any regulatory agencies, which
are properly a party to such a consolidate review proceeding, from
the independent exercise of such discretionary authority with respect
to the issuance, denial or modification of such permits, variances
or other forms of approval as they may have been granted by law.
[Added 9-12-1989 by L.L. No. 4-1989]
The Town may require a bond or other form of
financial security. Such bond or security must be in an amount, with
such surety and conditions as are satisfactory to the Town, so as
to ensure compliance with the terms and conditions stated in the erosion
area permit.
The authority for administering and enforcing
this chapter is hereby conferred upon the Commissioner of Environmental
Control or his Deputy or his or her designee and is as follows; he
shall:
A. Apply the regulations, restrictions and standards or other provisions of this chapter except that the Town of Babylon Commissioner of Parks, Recreation and Cultural Affairs shall have the authority for administering and enforcing §
99-14 of this chapter.
B. 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 chapter.
C. Review and take appropriate actions on completed applications.
D. Transmit written notice of violations to property
owners or to other responsible persons.
E. Prepare and submit reports.
F. Perform compliance inspections.
G. Serve as the primary liaison with the New York State
Department of Environmental Conservation.
H. Keep official records of all permits, inspections,
inspection reports, recommendations, actions of the Coastal Erosion
Hazard Board of Review and any other reports or communications relative
to this chapter or requests for information from the New York State
Department of Environmental Conservation.
I. Perform normal and customary administrative functions
required by the Town relative to the Coastal Erosion Hazard Areas
Act, Article 34 of the New York State Environmental Conservation Law,
6 NYCRR 505 and this chapter.
J. Have, in addition, powers and duties as are established
in or reasonably implied from this chapter as are necessary to achieve
its state purpose.
The provisions, regulations, procedures and
standards of this chapter will be held to be the minimum requirements
necessary to carry out the purposes of this chapter.
The provisions of this chapter will take precedence
over any other laws, ordinances or codes in effect in the Town to
the extent that the provisions of this chapter are more stringent
than such other laws, ordinances or codes. A coastal erosion management
permit issued pursuant to this chapter does not relieve the permit
applicant from the responsibility of obtaining other permits or approval
as may be necessary, nor does it convey any rights or interest in
real property.
All regulated activities are subject to the review procedures required by the New York State Environmental Quality Review (SEQR) Act, Article 8 of the New York State Environmental Conservation Law, the Town of Babylon Environmental Quality Review Act (TOBEQRA) and Chapter
114 of the Unified Code of Ordinances of the Town of Babylon. The applicant may be required to submit information required under this chapter and TOBEQRA.
[Amended 4-27-2022 by L.L. No. 10-2022; 12-20-2023 by L.L. No. 25-2023]
Except for a violation of §
99-14 herein, a violation of this chapter is hereby declared to be an offense punishable by a fine of not less than $500 nor more than $1,500 or imprisonment for a period not to exceed six months, or both. Each day's continued violation of this chapter will constitute a separate additional offense. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter other than §
99-14 shall likewise be subject to a monetary penalty of not less than $500 nor more than $1,500. Penalties for violation of §
99-14 are provided for in Chapter
81 of the Babylon Town Code. Nothing herein will prevent the proper local authorities of the Town of Babylon from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any violation of this chapter.