Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 6-20-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 100.
Flood damage prevention — See Ch. 117.
Zoning — See Ch. 211.

§ 83-1 Enactment.

Pursuant to the provisions of Article 34 of the New York State Environmental Conservation Law and § 10 of the Municipal Home Rule Law, the Town of Greece, County of Monroe, State of New York, hereby enacts, by Local Law No. 1 of 1989, this chapter.

§ 83-2 Title.

This chapter shall be known and may be cited as the "Town of Greece Coastal Erosion Hazard Area Law."

§ 83-3 Purpose.

The Town of Greece hereby assumes the responsibility and authority to implement and administer a coastal erosion management program within its jurisdiction pursuant to Article 34 of New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to:
A. 
Establish standards and procedures minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources.
B. 
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 and other natural resources and to protect human life.
C. 
Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impacts of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources.
D. 
Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas.
E. 
Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure that their construction and operation will minimize or prevent damage or destruction to structures, significant improvements to structures, property, natural protective features or other natural resources.

§ 83-4 Findings.

The Town of Greece finds that the coastal erosion hazard area:
A. 
Is prone to erosion from action of Lake Ontario. 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 rain water along the surface of the land or groundwater seepage, as well as by human activities such as construction, navigation and certain forms of recreation.
B. 
Experiences 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 replacement of essential public facilities and services.
C. 
Experiences 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.
D. 
Is 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.

§ 83-5 Definitions.

The following terms used in this chapter have the meaning indicated, unless the context clearly requires otherwise:
ADMINISTRATOR
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 83-16B.
BEACH
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. Where no dune or bluff exists landward of a beach, the landward limit of a beach 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most waterward. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be beaches.
BLUFF
Any bank or bluff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is the mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. (The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline).
COASTAL EROSION HAZARD AREA MAP
The final map and any amendments thereof issued by the Commissioner of the New York State Department of Environmental Conservation which delineates boundaries of the coastal erosion hazard area subject to regulation under this chapter.
COASTLINE and COASTAL WATERS
The lands adjacent to the Town's coastal waters is the coastline. Coastal waters are Lake Erie, Lake Ontario, the Saint Lawrence River, the Niagara River and their connecting water bodies, bays, harbors, shallows and marshes.
DEBRIS LINE
A linear accumulation of waterborne debris deposited on a beach by storm-induced high water or by wave action.
EROSION
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.
EROSION HAZARD AREA
An area of the coastline which is a structural hazard area or a natural protective feature area.
EROSION PROTECTION STRUCTURE
A structure specifically designed to reduce or prevent erosion, such as a groin, jetty, revetment, breakwater or artificial beach nourishment project.
EXISTING STRUCTURE
A structure and appurtenances which was in existence, or one where a building permit has been issued, prior to the effective date of this chapter.
GRADING
A redistribution of sand or other unconsolidated earth to effect a change in profile.
MAJOR ADDITION
Any addition to any structure, other than a pier, dock, wharf or erosion protection structure, which, either by itself or in combination with all other additions made after the effective date of this chapter, results in an increase of 25% or greater in the ground area coverage of said structure.
MEAN LOW WATER
The approximate average low water level for a given body of water at a given location, determined by reference to hydrological information concerning water levels or other appropriate tests.
MOVABLE STRUCTURE
A structure designed and constructed to be readily relocated with minimum disruption of the intended use. Mobile homes and structures built on skids or piles and not having a permanent foundation are examples of movable structures.
NATURAL PROTECTIVE FEATURE
A nearshore area, beach, bluff or marsh and its vegetation.
NATURAL PROTECTIVE FEATURE AREA
A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes.
NEARSHORE AREA
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 the 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.
NORMAL MAINTENANCE
Any periodic replacement or repair of a structure which does not change the size, design or function of said structure.
PERSON
Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any other legal entity whatsoever.
RECEDING EDGE
The most landward line of active erosion, or in cases where there is not a discernible line of active erosion, it is the most waterward line of permanent vegetation.
RECESSION RATE
The rate, expressed in feet per year, at which an eroding shoreline moves landward.
REGULATED ACTIVITY
The construction, modification, restoration or placement of a structure, or major addition to a structure, or any action or use of land which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling or other disturbance of soil.
SIGNIFICANT FISH AND WILDLIFE HABITAT
Those habitats which: are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or would be difficult or impossible to replace.
STRUCTURAL HAZARD AREA
Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one foot or more per year. The inland boundary of a structural hazard area is calculated by starting at the landward limit of the fronting natural protective feature and measuring along a line perpendicular to the shoreline a horizontal distance landward which is 40 times the long-term average annual recession rate.
STRUCTURE
Any object constructed, installed or placed in, on or under land or water, including, but not limited to a building or permanent shed; a deck; in-ground and aboveground pools; garages; mobile homes; roads; public service distribution, transmission or collection systems; tanks; docks; piers; wharves; groins; jetties; seawalls; bulkheads; breakwaters; revetments; artificial beach nourishment; or any addition to or alteration of the same.
SUBSTANTIAL IMPROVEMENT
Any repair, replacement, or improvement of a structure, the cost which equals or exceeds 50% of the replacement cost of the structure, either before the improvement, replacement or repair is started or, if the structure has been damaged and is being repaired, before the damage occurred.
TOE
The lowest surface point on a slope face of dune or bluff.
UNREGULATED ACTIVITY
Excepted activities which are not regulated by this chapter include but are not limited to: elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area of less than 200 square feet, or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; routine agricultural operations, including cultivation or harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in § 3(12) of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure.
VEGETATION
Plant life capable of surviving and successfully reproducing in the area or region and which is compatible with the environment of the coastal erosion hazard area.

§ 83-6 Area established.

The coastal erosion hazard area is hereby established to classify land and water areas within the Town of Greece, based upon shoreline recession rates or the location of natural protective features. The boundaries of the area are established on the final map prepared by the New York State Department of Environmental Conservation under § 34-0104 of the New York State Environmental Conservation Law and entitled "Coastal Erosion Hazard Area Map of the Town of Greece," including all amendments made thereto by the Commissioner of the New York State Department of Environment Conservation pursuant to § 34-0104 of the New York State Environmental Conservation Law.

§ 83-7 Permit required for certain activities.

No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Area Map of the Town of Greece, as amended, without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities.

§ 83-8 Grounds for permit issuance.

A coastal erosion management permit will be issued only with a finding by the Administrator that the proposed regulated activity:
A. 
Complies with the rules, regulations, and restrictions of this chapter.
B. 
Is not likely to cause a measurable increase in erosion at the proposed site and at other locations.
C. 
Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources.

§ 83-9 Activity restrictions.

The following restrictions apply to regulated activities within structural hazard areas:
A. 
A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater. Systems installed along the shoreline must be located landward of the shoreline structures.
B. 
The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited.
C. 
Movable structures may not be attached to permanent foundations, and any temporary foundations are to be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provisions are made for their removal.
D. 
No movable structure may be located closer to the landward limit of a bluff than 25 feet.
E. 
No movable structure may be placed or constructed such that, according to accepted engineering practice, its weight places excessive groundloading on a bluff.
F. 
Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original coastal erosion management permit. With the attachment of a removal agreement to the coastal erosion management permit, the landowner or the signator is responsible for the landward relocation of movable structures. Removal agreements may be made when the last owner of record and the owner of the structure are different with the approval of the Town at the time the permit is issued.
G. 
Debris from structural damage which may occur as a result of sudden unanticipated bluff edge failure or wave or ice action must be removed within 60 days of the damaging event.
H. 
Any grading, excavation or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face.

§ 83-10 Nearshore area restrictions.

A. 
Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs or dunes by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel and other unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine-grained silts, clays and organic matter to form a fairly cohesive bottom that resists erosion.
B. 
The following restrictions apply to regulated activities in nearshore areas:
(1) 
Excavating, grading, mining or dredging which diminishes the erosion protection afforded by a nearshore area is prohibited, except construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, all of which require a coastal erosion management permit.
(2) 
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. Any deposition will require a coastal erosion management permit.
(3) 
All development is prohibited in nearshore areas unless specifically provided for by this chapter.

§ 83-11 Beach area restrictions.

A. 
Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.
B. 
The following restrictions apply to regulated activities in beach areas:
(1) 
Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited.
(2) 
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit, which may be issued only for expansion or stabilization of beaches.
(3) 
Active bird nesting and breeding areas, as determined by the New York State Department of Environmental Conservation (DEC), must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the DEC.
(4) 
All development is prohibited on beaches unless specifically provided for by this chapter.
(5) 
The restoration of existing structures on beaches that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit, but in accordance with all other applicable codes, laws, ordinances, rules and regulations.

§ 83-12 Bluff area restrictions.

A. 
Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features.
B. 
The following activities are prohibited on bluffs:
(1) 
Excavating or mining, except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access.
(2) 
All development unless specifically allowed by § 83-13 of this chapter.
(3) 
Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the DEC.
(4) 
Soil disturbance that directs surface water runoff over a bluff face.
C. 
Activities specifically allowed under this section are:
(1) 
Minor alteration of a bluff done in accordance with conditions stated in a coastal erosion management permit issued for a new construction, modification or restoration of an erosion protection structure.
(2) 
Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access, where:
(a) 
Cuts are made in a direction perpendicular to the shoreline.
(b) 
Ramp slopes may not exceed 1:6.
(c) 
Side slopes may not exceed 1:3 unless terraced or otherwise structurally stabilized.
(d) 
Side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means.
(e) 
Completed roadways must be stabilized and drainage provided for.
(3) 
Construction, modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit.
(4) 
Nonmajor additions to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit.
(5) 
The restoration of existing structures on bluffs that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit, but in accordance with all applicable codes, laws, ordinances, rules and regulations.
D. 
The restrictions of § 83-14, Traffic control, apply to bluffs.

§ 83-13 Erosion protection structures.

The following requirements apply to the construction, modification or restoration of erosion protection structures:
A. 
The construction, modification or restoration of erosion protection structures must:
(1) 
Not be likely to cause a measurable increase in erosion at the development site or at other locations.
(2) 
Minimize and, if possible, prevent adverse effects upon natural protection features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats.
B. 
All erosion protection structures must be designed and constructed according to generally accepted engineering principles or, where sufficient data is 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.
C. 
All materials used in such structures 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.
D. 
A long-term maintenance program must be included with every permit application of construction, modification or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance programs, a bond may be required.

§ 83-14 Traffic control.

Motorized and nonmotorized traffic must comply with the following restrictions:
A. 
Motor vehicles must not travel on vegetation, must operate waterward of the debris line of a beach, and when no debris line exists must operate waterward of the waterward toe of the bluff in the coastal erosion hazard area.
B. 
Motor vehicle traffic is prohibited on bluffs.

§ 83-15 Emergency activities.

A. 
The requirements of this chapter do not apply to emergency activities that are necessary to protect public health, safety or welfare, including preventing damage to natural resources. Whenever emergency activities are undertaken, damage to natural protective features and other natural resources must be prevented, if possible, or minimized.
B. 
Notification to Administrator. The Administrator must be notified by the person responsible for taking the emergency measures within two working days from the commencement of an emergency measure and a description of the problem and activities provided. The description must be in written form, outline the public health or safety or resource for which protection was sought and relate the measures which were taken to secure the protection.
C. 
Improper or insufficient notification. If the Administrator determines that a regulated activity has been undertaken without a coastal erosion management permit and does not meet the emergency activity criteria, then the Administrator will order the immediate cessation of the activity. In addition, the Administrator may require:
(1) 
Removal of any structure that was constructed or placed without a coastal erosion management permit, and
(2) 
The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without a coastal erosion management permit.

§ 83-16 Powers and duties of Administrator.

A. 
The authority for administering and enforcing this chapter is hereby conferred upon the Building Inspector or his/her authorized designee.
B. 
The Administrator shall have the powers and duties to:
(1) 
Administer and enforce the regulations, restrictions, standards and provisions of this chapter, except for those provisions specifically assigned to the Director of Public Safety by this chapter.
(2) 
Maintain the current Coastal Erosion Hazard Maps as filed with the Town by the DEC and make such maps readily available for public inspection.
(3) 
Receive and review permit applications, along with maps, drawings and other documents, as required by this chapter.
(4) 
Issue permits for all activities regulated by this chapter.
(5) 
Enter onto any premises under a permit issued pursuant to this chapter between the hours of 8:00 a.m. and 10:00 p.m. or, if different, during normal business hours, to conduct inspections.
(6) 
Enter any premises or structure at any time to conduct inspections, provided that the Administrator first obtains either the permission of the owner, tenant or other person having a possessory right, or obtains a search warrant.
(7) 
Issue violation orders, stop-work orders and appearance tickets and to otherwise order, in writing, the remedying of any condition found to exist which is in violation of the provisions of this chapter.
(8) 
Revoke coastal erosion management permits according to the provisions of this chapter.
(9) 
Serve as the primary liaison with the New York State Department of Environmental Conservation.
(10) 
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 request for information from the New York State Department of Environmental Conservation.
(11) 
Perform normal and customary administrative functions required of the Town, relative to the Coastal Erosion Hazard Areas Act, Article 34 of the New York State Environmental Conservation Law, 6 NYCRR Part 505, including necessary reports, and this chapter.

§ 83-17 Application for and issuance of permits.

A coastal erosion management permit will be issued for regulated activities which comply with the rules, regulations, 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 map drawn to a scale no smaller than 1:500, showing the location of the proposed activity.
(3) 
A certificate of insurance as required by the policies and procedures of the Town of Greece Building Department.
(4) 
Any additional information the Administrator 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 legislative body under separate resolution.
C. 
Permits shall be issued by, and bear the name and signature of, the Administrator or his authorized designee. All permits shall specify at least the following:
(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 the 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 Part 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 Administrator may, at the request of the applicant and to the extent practical, consolidate and coordinate the application and to the extent practical, 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 consolidated 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.
G. 
The issuance of a coastal erosion management permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with all applicable laws, codes, ordinances and regulations. The issuance of a coastal erosion management permit to anyone other than the property owner shall not mitigate in any way the applicant's responsibility to secure the property owner's authorization and permission before proceeding with the proposed work.
H. 
Coastal erosion management permits shall continue until revoked as provided below, or for a period of one year, unless, in the sole opinion of the Administrator, a different time period is appropriate, in which case the time period is to be specified at the time of permit issuance. A coastal erosion management permit shall become void if work does not commence within six months after the date of its issuance.
I. 
Coastal erosion management permits shall be posted on the work site at all times while work is in progress.
J. 
The Administrator shall have the authority to revoke permits issued by him in the following instances:
(1) 
Where it is found that there have been false statements or representations as to a material fact in the application, plans or specifications on which the granting of the permit is based.
(2) 
Where it is found that the permit as issued was in conflict with the requirements of any applicable law, code, ordinance, policy, procedure, rule or regulation and, accordingly, should not have been issued.
(3) 
Where the person to whom a permit has been issued fails or refuses to comply with a stop-work order duly issued by the Building Inspector.

§ 83-18 Financial security.

The Town may require a bond, letter of credit or other form of financial security to ensure compliance with the terms and conditions stated in a coastal erosion management permit. Such security must be in an amount determined by the Town Engineer and in a form determined by and acceptable to the Administrator.

§ 83-19 Provisions to be minimum requirements.

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.

§ 83-20 Conflicts of provisions.

Whenever the provisions of this chapter come into conflict with any other laws, ordinances or codes in effect in the Town, the more stringent provisions shall govern. 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 of interest in real property.

§ 83-21 Environmental review.

All regulated activities are subject to the review procedures required by 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 the SEQR in addition to information required under this chapter.

§ 83-22 Violations; abatement.

A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or property in violation of any of the provisions of this chapter or to fail in any manner to comply with any notice, directive or order of the Administrator or to construct, alter or use and occupy any building, structure or property in a manner not permitted by an approved coastal erosion management permit.
B. 
Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of this chapter shall comply with all the provisions of this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
C. 
Whenever it is found that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
D. 
Violation orders shall be in writing and shall generally identify the property and the violation.
E. 
Violation orders, stop-work orders and other orders or notices referred to in this chapter shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees, any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk or County Register.
F. 
Appearance tickets. The Administrator shall have the authority to issue an appearance ticket subscribed by him, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.

§ 83-23 Penalties for offenses.

[Amended 3-17-1992 by L.L. No. 1-1992]
Any person who shall fail to comply with any of the provisions of this chapter or any property owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or his/her agents taking part or assisting in the construction or use of any building or property who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive or permit issued thereunder by the Administrator shall severally for each and every such violation be punishable by a fine of not more than $250 per day of violation or imprisonment not exceeding 15 days, or both. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and each day that the prohibited condition(s) or violation(s) continues shall constitute a separate offense. The imposition of the penalties set forth in this section shall be in addition to any other penalty or enforcement procedure set forth in this chapter or other laws of the Town of Greece or of New York State, including the application for an injunction to enforce the provisions of this chapter.

§ 83-24 Variances.

A. 
Variances from standards and restrictions. 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, provided that the following criteria are met:
(1) 
No reasonable, prudent, alternative site is available.
(2) 
All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activities design at the property owner's expense.
(3) 
The development will be reasonably safe from flood and erosion damage.
(4) 
The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance.
(5) 
Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects.
B. 
Format and procedure. Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of § 83-16 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
C. 
Fees. Each variance request must be accompanied by the required fee or fees as established by the Town legislative body under separate resolution.
D. 
Expiration. Any construction activity allowed by a variance granted by the Coastal Erosion Hazard Board of Review must be completed within one year from the date of approval or approval with modifications or conditions. Variances expire at the end of this one-year period without further hearing or action by the Coastal Erosion Hazard Board of Review.

§ 83-25 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 chapter.
B. 
Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Administrator in the enforcement of this chapter, including any order requiring an alleged violator to stop, cease and desist.

§ 83-26 Appeals.

A. 
Appeal. The Coastal Erosion Hazard Board of Review 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 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:
(1) 
Appeals must be filed with the Municipal Clerk within 30 days of the date of the adverse decision.
(2) 
All appeals and variances 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/her information.
(3) 
All appeals and variances must refer to the specific provisions of this chapter involved and specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims.
B. 
Appeal to Court. Any person or persons jointly or severally aggrieved by a decision by the Coastal Erosion Hazard Board of Review or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

§ 83-27 Amendments.

A. 
Procedure. The Town legislative body may, on its motion or on petition, or on recommendation from the Planning Board, amend, supplement or repeal the provisions, regulations, procedures or standards of this chapter. When an amendment is duly proposed, the Town legislative body must:
(1) 
Notify the Commissioner of the New York State Department of Environmental Conservation, in writing, of all proposed amendments and request his/her advice as to whether such amendment is subject to his/her approval, and if so, whether such amendment conforms to the minimum standards of a certified program.
(2) 
Issue public notice and conduct a hearing on all proposed amendments. The Town legislative body, by resolution, must cause notice of the hearing's time, date and place to be published in the official newspaper not less than 10 days prior to the date of the hearing.
(3) 
Refer the proposed amendment at least 30 days prior to the public hearing, in writing, to:
(a) 
The Planning Board, unless initiated thereby, for its review of the amendment and its report to the Town legislative body of recommendations thereon, including a full statement of reasons for such recommendations.
(b) 
The County Planning Board for its review and recommendations pursuant to Article 12-B, § 239,[1] of the New York State General Municipal Law.
[1]
Editor's Note: See now § 239-b et seq. of Article 12-B of the General Municipal Law.
B. 
Commissioner approval. After enactment the amendment must be sent to the Commissioner of Environmental Conservation for certification.
C. 
Recording. After an amendment to this chapter has been initially reviewed and found to be in conformance by the Commissioner of the New York State Department of Environmental Conservation; completed the public hearing process and intergovernmental review; been finally approved and adopted by the Town legislative body; and been certified by the Commissioner, the Clerk will as prescribed by § 27 of the Municipal Home Rule Law:
(1) 
Record the amended local law in the Municipal Clerk's minute book and in the recorded book of local laws.
(2) 
File the amended local law within five days after adoption, as follows:
(a) 
One copy in the Clerk's office.
(b) 
One copy in the office of the State Comptroller.
(c) 
Three copies in the office of the Secretary of State.
(d) 
One copy with the Commissioner of the New York State Department of Environmental Conservation.