A coastal erosion management permit will be issued for regulated activities that comply with the general standards (§ 138-8), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to:
A.
The application for a coastal erosion management permit
must be made upon the form provided by the Administrator and must
include the following minimum information:
(1)
A description of the proposed activity.
(2)
A survey drawn to a scale no smaller than one to 24,000,
showing the location of the proposed activity, and depicting the existing
natural vegetation and the proposed areas to be disturbed and a native
revegetation and restoration plan as provided in this chapter. No
application for a permit shall be accepted unless it complies with
this section.
(3)
Any additional information the Administrator may require
to properly evaluate the proposed activity.
B.
The applicant for a permit shall have the proposed
building envelope, or the proposed location of a structure that is
not a building, and the perimeter of all areas to be disturbed staked
on site by a licensed surveyor in accordance with the survey.
C.
The Administrator shall review all proposed development in the hazard areas, in addition to review by the Building Inspector, to determine whether or not the proposed development activities and areas to be disturbed are in compliance with this chapter. The Administrator may request the Environment Division, Planning Division or Planning Board to make an inspection to assist in its determination. Should there be a violation, a stop-work order, as provided in Chapter 123 of the Town Code, shall be issued. It shall be the burden of the applicant to prove that the site disturbance complies with the provisions of this section by submission of an as-built survey. Should there be no violation, the stop-work order shall be lifted. Should said as-built survey depict a violation of these provisions, a revegetation and restoration plan, as provided in this chapter, shall be submitted to the Chief Environmental Analyst for review. The stop-work order may only be lifted once the Chief Environmental Analyst is satisfied that the disturbed areas have been properly re-vegetated and restored with native vegetation, consistent with the policies of the Town as set forth in this chapter.
[Amended 12-11-2012 by L.L. No. 15-2012]
D.
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.
E.
Permits will be issued by and bear the name and signature
of the Administrator and will specify the:
(1)
Activity or operation for which the permit is issued.
(2)
Address or location where the activity or operation
is to be conducted.
(3)
Name and address of the permittee.
(4)
Permit number and date of issuance.
(5)
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.
F.
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.
G.
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 Part 505), and the laws and policies of the Town.
H.
No permit shall be issued for new construction and
site disturbance unless the standards and criteria of this chapter
are met.
I.
Permits for projects that have received all necessary
approvals prior to the effective date of this chapter are excluded
from further review.
J.
Walkways, catwalks and accessways that have received
a Trustee permit do not require a separate coastal erosion management
permit. The Administrator shall refer all applications for other activities
occurring on, or potentially affecting, the area between mean high
water and the crest of the primary dune to the Trustees for review
in relation to applicable Trustees rules and regulations and shall
consider any recommendations of the Trustees in making a final determination
on an application.
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 insure compliance with the terms and conditions stated in the permit.
The authority for administering and enforcing
this chapter is hereby conferred upon the Administrator. The Administrator
has the powers and duties to:
A.
Apply the regulations, restrictions and standards
or other provisions 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.
Issue and sign all approved permits.
E.
Transmit written notice of violations to property
owners or to other responsible persons.
F.
Prepare and submit reports.
G.
Perform compliance inspections.
H.
Serve as the primary liaison with the New York State
Department of Environmental Conservation.
I.
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.
J.
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 Part 505, and this chapter.
K.
Have, in addition, powers and duties as are established
in or reasonably implied from this chapter as are necessary to achieve
its stated purpose.
A.
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.
B.
The provisions of this chapter will take precedence
over any other laws, ordinances or codes in effect in the Town. A
coastal erosion management permit issued pursuant to this chapter
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.
All regulated activities are subject to the
New York State Environmental Quality Review Act (SEQR), 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 chapter.
A violation of this chapter is hereby declared
to be an offense punishable by a fine not exceeding $1,000 or imprisonment
for a period not to exceed one year, or both. Each day's continued
violation of this chapter will constitute a separate additional violation.
Nothing herein will prevent the proper local authorities of the Town
from taking such other lawful actions or proceedings as may be necessary
to restrain, correct or abate any violation of this chapter.
This chapter may be amended only in accordance
with the Environmental Conservation Law and other applicable statutes.
Should any part or provision of this chapter
be decided by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of this chapter as a whole nor any part
thereof other than the part so decided to be unconstitutional or invalid.
