[HISTORY: Adopted by the Town Board of the
Town of Greece 6-20-1989 by L.L. No. 1-1989. Amendments noted where
applicable.]
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.
This chapter shall be known and may be cited
as the "Town of Greece Coastal Erosion Hazard Area Law."
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.
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.
The following terms used in this chapter have
the meaning indicated, unless the context clearly requires otherwise:
The local official responsible for administering and enforcing this chapter. The powers and duties of this position are more fully described in § 83-16B.
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.
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).
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.
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.
A linear accumulation of waterborne debris deposited on a
beach by storm-induced high water or by wave action.
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.
An area of the coastline which is a structural hazard area
or a natural protective feature area.
A structure specifically designed to reduce or prevent erosion,
such as a groin, jetty, revetment, breakwater or artificial beach
nourishment project.
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.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
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.
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.
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.
A nearshore area, beach, bluff or marsh and its vegetation.
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.
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.
Any periodic replacement or repair of a structure which does
not change the size, design or function of said structure.
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 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.
The rate, expressed in feet per year, at which an eroding
shoreline moves landward.
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.
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.
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.
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.
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.
The lowest surface point on a slope face of dune or bluff.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
Motorized and nonmotorized traffic must comply
with the following restrictions:
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:
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.
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.
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.
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.
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.
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.
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.
[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.
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.
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.
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.
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.
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:
