A.
The Village of Lattingtown 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 article to:
(1)
Establish standards and procedures for minimizing
and preventing damage to structures from coastal flooding and erosion
and to protect natural protective features and other natural resources.
(2)
Regulate in coastal areas subject to coastal flooding
and erosion, land use and development activities so as to minimize
or prevent damage or destruction to man-made property, natural protective
features, other natural resources, and to protect human life.
(3)
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 sitting,
as well as to prevent damage to natural protective features and other
natural resources.
(4)
Restrict public investment in services, facilities,
or activities which are likely to encourage new permanent development
in erosion hazard areas.
(5)
Regulate the construction of erosion protection structures
in coastal areas subject to serious erosion to assure that when the
construction of erosion protection structures is justified, their
construction and operation will minimize or prevent damage or destruction
to man-made property, private and public property, natural protective
features, and other natural resources.
The Village of Lattingtown finds that the coastal
erosion hazard area:
A.
Is prone to erosion from action of Long Island Sound
and its connecting water bodies, bays, harbors, shallows and marshes.
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
Village 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 bluffs, 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. In some sections of the Village,
major erosion protection structures of great length would be required
to effectively reduce future damages due to erosion.
The following definitions of terms or words
used in this article pertain to coastal erosion hazards areas only.
In the case of a conflict between the definitions contained in this
article and any other definition of a similar word or term contained
in any other article of this chapter, the more restrictive definition
shall control, unless the context clearly requires otherwise.
A minor or accessory structure attached to, placed near,
or used in conjunction with a structure.
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 is 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 cliff with a precipitous or steeply sloped face
adjoining a beach or a body of water. The seaward 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 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 local board responsible for administering this article. The powers and duties of this board are more fully described in § 315-103C.
The final map and any amendments thereof issued by the Commissioner
of the New York State Department of Environmental Conservation, which
delineates boundaries of coastal erosion hazard areas subject to regulation
under this article.
The lands adjacent to the Village's coastal waters is the
coastline. Coastal waters are Long Island Sound and its 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.
A ridge or hill of loose, windblown, or artificially placed
earth the principal component of which is sand.
The local Village official empowered to enforce this article. The powers and duties of this official are more fully described in § 315-103C.
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 appurtenance in existence or one where construction
has commenced, or one where construction has not begun but for which
a building permit has been issued prior to the effective date of this
article.
A redistribution of sand or other unconsolidated earth to
effect a change in profile.
An addition to a structure resulting in a 25% or greater
increase in the ground area coverage of the structure other than an
erosion protection structure, or a pier, dock, or wharf. The increase
will be calculated as the ground area coverage to be added, including
any additions previously constructed under a coastal erosion management
permit, divided by the ground area coverage of the existing structure
as defined in "existing 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 change in the design, shape, configuration, materials or
use of a structure.
A structure designed and constructed to be readily relocated
with minimum disruption of the intended use, examples of movable structures
are gazebos, sheds, statuary or aboveground pools.
A nearshore area, beach, bluff, primary dune, secondary dune,
marsh, and their 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 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.
Periodic replacement or repair of same-kind structural elements
or protective coatings which do not change the size, design or function
of a functioning structure. A functioning structure is one which is
fully performing as originally designed at the time that normal maintenance
is scheduled to begin. Normal maintenance of a structure does not
require a coastal erosion management permit.
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 waterward major dune where there are two or more
parallel dunes within a coastal area. Where there is only one dune
present, it is the primary one. Occasionally one or more relatively
small dune formations exist waterward of the primary dune. These smaller
formations will be considered to be part of the primary dune for the
purposes of this article. The waterward limit of a primary dune is
the landward limit of its fronting beach. The landward limit of the
primary dune is 25 feet landward of its landward toe.
The most landward line of active erosion, or in cases where
there is no 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.
The reconstruction without modification of a structure, the
cost of which equals or exceeds 50% of the estimated full replacement
cost of the structure at the time of restoration. Modifications, however,
may be allowed if they do not exceed preexisting size limits and are
intended to mitigate impacts to natural protective features and other
natural resources.
The major dune immediately landward of the primary dune.
The waterward limit of a secondary dune is the landward limit of its
fronting primary dune. The landward limit of a secondary dune is 25
feet landward of its landward toe.
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 that 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, either permanently or temporarily, including, but not
limited to, a principal building; shed; deck; gazebo; in-ground and
aboveground pool; garage; mobile home; recreation court; road; 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.
The lowest surface point on a slope face of a dune or bluff.
Activities which are not regulated by this article include
but are not limited to normal beach grooming or cleanup; normal and
customary maintenance of structures and/or in compliance with an approved
maintenance program; planting vegetation and sand fencing so as to
stabilize or entrap sand in primary dune and secondary dune areas
in order to maintain or increase the height and width of dunes; routine
agriculture operations including cultivation or harvesting, and the
implementation of practices recommended in a soil and water conservation
plan as defined in Section 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 in which it is planted, and which is compatible
with the environment of the coastal erosion hazard area.
A.
Areas. The coastal erosion hazard area is hereby established
to classify land and water areas within the Incorporated Village of
Lattingtown, 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 Village of Lattingtown," first issued on December 5, 1988, including
all amendments made thereto, by the Commissioner of the New York State
Department of Environmental Conservation pursuant to § 34-0104
of the New York State Environmental Conservation Law.
B.
Requirements. No person may engage in any regulated
activity in an erosion hazard area as depicted on the Coastal Erosion
Hazard Map of the Village of Lattingtown without first obtaining a
coastal erosion management permit. No coastal erosion management permit
is required for unregulated activities.
C.
General standards. A coastal erosion management permit
will be issued only with a finding by the Board of Administration
that the proposed regulated activity:
(1)
Is reasonable and necessary, considering reasonable
alternatives to the proposed activity and the extent to which the
proposed activity requires a shoreline location.
(2)
Is not likely to cause a measurable increase
in erosion at the proposed site or at other locations.
(3)
Prevents, if possible, or minimizes adverse
effects on natural protective features and their functions and protective
values, existing erosion protection structures, and natural resources.
D.
Structural hazard area restrictions. The following
restrictions apply to regulated activities within structural hazard
areas:
(1)
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.
(2)
The construction of nonmovable structures or
placement of major nonmovable additions to existing structures is
prohibited.
(3)
Permanent foundations may not be attached to
movable structures, 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.
(4)
No movable structure may be located closer to
the landward limit of a bluff than 25 feet.
(5)
No movable structure may be placed or constructed
such that according to accepted engineering practice, its weight places
excessive groundloading on a bluff.
(6)
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 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.
(a)
With the attachment of a removal agreement to
the coastal erosion management permit, the signator is responsible
for the landward relocation of movable structures. In the event the
signator fails to relocate the movable structure within the time required,
it then shall be the obligation of the owner of record to remove the
structure within 30 days of notice to do so by the Village. Removal
agreements may only be made, with the approval of the Village at the
time the permit is issued, when the owner of record and the owner
of the structure are different.
(7)
Debris from structural damage which may occur
as a result of sudden unanticipated bluff edge failure, dune migration,
or wave or ice action must be removed within 60 days of the damaging
event, by the owner of the structure. In the event the owner of the
structure shall default in said removal and the owner is different
that the landowner of record, then the landowner of record shall remove
the debris within 30 days after the expiration of the sixty-day period
described above.
(a)
In the event that the removal of movable structures
or the removal of debris is not completed as described above, the
Village may contract to have the work performed, after notice of intention
to do so is mailed certified mail to the owner of the property at
the address last shown on the Village assessment roll, the cost of
the work, together with any administrative fees, such as attorneys'
or engineering fees, shall be made a special assessment against the
offending property and shall be collected with the tax bill next due
the Village. Upon the failure of the assessment to be timely paid,
such assessment shall then become a lien against the property and
collectible pursuant to the Real Property Tax Law.
(8)
Any grading, excavation, or other soil disturbance
conducted within a structural hazard area must not direct surface
water runoff over a bluff face.
E.
Nearshore area restrictions.
(1)
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.
(2)
The following restrictions apply to regulated
activities in nearshore areas:
(a)
Excavating, grading, mining, or dredging which
diminishes the erosion protection afforded by nearshore area is prohibited,
except that construction or maintenance of navigation channels, bypassing
sand around natural and man-made obstructions and artificial beach
nourishment, shall be permitted pursuant to a coastal erosion management
permit.
(b)
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 shall be done pursuant to a coastal
erosion management permit.
(c)
All development, including construction, alteration,
restoration, reconstruction of any structure or appurtenance, except
an approved erosion protection structure, or the removal of any erosion
protection structure or appurtenance, is prohibited in nearshore areas
unless otherwise specifically provided for by this article.
F.
Beach area restrictions.
(1)
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.
(2)
The following restrictions apply to regulated
activities in beach areas:
(a)
Excavating, grading, or mining which diminishes
the erosion protection afforded by beaches is prohibited.
(b)
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 shall be done pursuant to a coastal erosion
management permit, which permit may be issued only for expansion or
stabilization of beaches.
(c)
Active bird nesting and breeding areas shall
not be disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the Department
of Environmental Conservation.
(d)
Restoration of existing structures on beaches
that are damaged or destroyed by events not related to coastal flooding
may only be undertaken pursuant to a coastal erosion management permit.
(e)
All development, including construction, alteration,
restoration, reconstruction of any structure or appurtenance, except
an approved erosion protection structure, or removal of any erosion
protection structure or appurtenance, is prohibited on beaches unless
otherwise specifically provided by this article.
G.
Dune area restrictions.
(1)
Dunes prevent overtopping and store sand for
coastal processes. High, vegetated dunes provide a greater degree
of protection than low, unvegetated ones. Dunes are of the greatest
protective value during conditions of storm induced high water. Because
dunes often protect some of the most biologically productive areas
as well as developed coastal areas, their protective value is especially
great. The key to maintaining a stable dune system is the establishment
and maintenance of beachgrass or other vegetation on the dunes and
assurance of a supply of nourishment sand to the dunes.
(2)
The following restrictions apply to regulated
activities in dune areas:
(a)
In primary dune areas:
[1]
Excavating, grading, or mining of primary dunes
is prohibited.
[2]
Clean sand of a compatible type and size is
the only material which may be deposited. Any deposition shall be
done pursuant to a coastal erosion management permit.
[3]
All depositions must be vegetatively stabilized
using species tolerant of the conditions at the site and must be placed
so as to increase the size of, or restore a dune or dune area.
[4]
Active bird nesting and breeding areas must
not be disturbed unless such disturbance is pursuant to a specific
wildlife management activity approved in writing by the Department
of Environmental Conservation.
[5]
No additions to existing structures are allowed
on primary dunes.
[6]
Restoration of existing structures on primary
dunes that are damaged or destroyed by events not related to coastal
flooding and erosion may only be undertaken pursuant to a coastal
erosion management permit.
[7]
Stone revetments or other erosion protection
structures compatible with primary dunes will only be allowed at the
waterward toe of primary dunes, and must not interfere with the exchange
of sane between primary dunes and their fronting beaches. Such revetments
or other erosion protection structure shall be constructed, modified
or restored pursuant to a coastal erosion management permit.
(b)
In secondary dune areas:
[1]
All depositions must be of clean sand of a compatible
type and size, and all grading must be performed so as to increase
the size of, or restore a dune or former dune area.
[2]
Excavating, grading, or mining must not diminish
the erosion protection afforded by the dune.
[3]
No additions to existing structures are allowed
on secondary dunes.
[4]
Restoration of existing structures on secondary
dunes that are damaged or destroyed by events not related to coastal
flooding and erosion may only be undertaken pursuant to a coastal
erosion management permit.
(c)
All other activities and development, including,
but not limited to, construction, alterations, restoration, reconstruction
of a structure or appurtenance, except an approved erosion protection
structure, in dune areas are prohibited unless otherwise specifically
provided for by this article.
H.
Bluff area restrictions. 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.
(1)
The following activities are prohibited on bluffs:
(a)
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.
(c)
All development, including, but not limited to, construction, alteration, reconstruction, restoration of a structure or appurtenance, except an approved erosion protection structure, unless specifically permitted by Subsection H(2) of this section.
(d)
Disturbance of active bird nesting and breeding
areas unless such disturbance is pursuant to a specific wildlife management
activity approved in writing by the Department of Environmental Conservation.
(e)
Soil disturbance that directs surface water
runoff over a bluff face.
(2)
Activities specifically allowed under this subsection
are:
(a)
Minor alteration of a bluff performed in accordance
with conditions stated in a coastal erosion management permit issued
for new construction, modification or restoration of an erosion protection
structure.
(b)
Bluff cuts done in accordance with conditions
stated in a coastal erosion management permit issued for the provision
of shoreline access, where:
[1]
Cut is made in a direction perpendicular to
the shoreline.
[2]
Ramp slope does not exceed 1:6.
[3]
Side slopes does not exceed 1:3 unless terraced
or otherwise structurally stabilized.
[4]
Side slopes and other disturbed nonroadway areas
are stabilized with vegetation or other approved physical means.
[5]
Completed roadway are stabilized and drainage
provided for.
(c)
New construction, modification or restoration
of walkways or stairways done in accordance with conditions of a coastal
erosion management permit.
(d)
Nonmajor additions to existing structures may
only be undertaken on bluffs pursuant to a coastal erosion management
permit.
(e)
The restoration of existing structures on bluffs
that are damaged or destroyed by events not related to coastal flooding
and erosion may only be undertaken pursuant to a coastal erosion management
permit.
I.
Erosion protection structure requirements. The following
requirements apply to the construction, modification, or restoration
of erosion protection structures:
(1)
The construction, modification, restoration
or removal of erosion protection structures must:
(a)
Not be likely to cause a measurable increase
in erosion at the development site or at other locations.
(b)
Minimize, and if possible, prevent adverse effects
upon natural protective features, existing erosion protection structures,
and natural resources such as significant fish and wildlife habitats.
(2)
All erosion protection structures must be designed
and constructed according to generally accepted engineering principles,
or where sufficient data is not currently available, demonstrate a
likelihood of success in controlling long-term erosion. The protective
measures must have a reasonable probability of controlling erosion
on the immediate site for at least 30 years.
(3)
All materials used in such structures must be
durable and capable of withstanding inundation, wave impacts, weathering,
and other effects of storm conditions typical to the site for the
last 100 years, for a minimum of 30 years. Individual component materials
may have a working life of less than 30 years only when a maintenance
program included with the permit application ensures that they will
be regularly maintained and replaced as necessary to attain the required
30 years of erosion protection.
(4)
A long-term maintenance program shall 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.
J.
Traffic control. Motorized and nonmotorized traffic
must comply with the following restrictions:
(1)
Motor vehicles must not travel on vegetation,
must operate waterward of the debris line, and when no debris line
exists must operate waterward of the waterward toe of the primary
dune or bluff.
(2)
Motor vehicle traffic is prohibited on primary
dunes, bluffs, except for officially designated crossing areas.
(3)
Pedestrian passage across primary dunes must
utilize elevated walkways and stairways or other specially designed
dune crossing structures.
A.
Applicability. The requirements of this article 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 Board of Administration and enforcement
officer. The Chairman of the Board of Administration and enforcement
officer must be notified in writing by the person responsible for
taking the emergency measure, which writing shall be hand delivered
or mailed within 24 hours from the commencement of an emergency measures
and shall provide a detailed description of the problem and activities
undertaken. The description must outline the public health or safety
or resource for which protection was sought, and describe each measure
that was taken to secure the protection.
C.
Improper or insufficient notification. If the Chairman
of the Board of Administration or enforcement officer is not properly
notified, or determines that a regulated activity has been undertaken
without a coastal erosion management permit and such activity does
not meet the emergency activity criteria, then the Chairman of the
Board of Administration or enforcement officer shall order the immediate
cessation of the activity. In addition, the Board of Administration,
after review of the matter, may require:
A.
Coastal erosion management permits. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 315-101C), restrictions, and requirements of the applicable sections of this article, providing the following is adhered to:
(1)
The application for a coastal erosion management
permit must be made upon the form provided by the Board of Administration
and must include the following minimum information:
(2)
Permits will be issued by, and bear the name
and signature of the Chairman or Deputy Chairman of the Board of Administration,
and will specify the:
(a)
Activity or operation for which the permit is
issued.
(b)
Address or location where the activity or operation
is to be conducted.
(c)
Name and address of permittee.
(d)
Permit number and date of issuance.
(e)
Period of permit validity. If not otherwise
specified a permit will expire one year from the date of issuance.
(f)
The terms and conditions of the approval.
(g)
That the coastal erosion management permit does
not constitute a building permit, and that no work shall begin until
all other necessary permits from the Building Department have been
obtained.
(3)
When more than one Coastal erosion management
permit is required for the same property or premises under this article,
a single permit may be issued listing all activities permitted and
any conditions, restrictions or bonding requirements. Revocation of
a portion or portions of such consolidated permits will not invalidate
the remainder.
(4)
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 Village.
(5)
When an application is made for a coastal erosion
management permit, variance thereto, or other form of approval required
by this article, 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 enforcement officer 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 comprehensive hearing and review procedure. However, nothing
contained in this subsection 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.
B.
Bonds. The Village 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 Village
so as to ensure compliance with the terms and conditions stated in
the coastal erosion management permit.
C.
Enforcement.
(1)
Board of Administration and enforcement officer.
The authority for administering this article is hereby conferred upon
the Planning Board of the Village of Lattingtown, which Board, acting
through its Chairman, shall have the following powers and duties:
(a)
Apply the regulations, restrictions, and standards
or other provisions of this article.
(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 article.
(c)
Review and take appropriate actions on completed
applications.
(d)
Issue and sign all approved permits.
(e)
Prepare and submit reports other than those
prepared and submitted by the enforcement officer.
(f)
Perform such compliance inspections as the Board
deems necessary, in addition to any inspection performed by the enforcement
officer.
(g)
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 article or request for information from the New York State
Department of Environmental Conservation.
(h)
Perform normal and customary administrative
functions required by the Village, relative to the Coastal Erosion
Hazard Areas Act, Article 34 of the New York State Environmental Conservation
Law, 6 NYCRR Part 505, and this article.
(i)
Have, in addition, powers and duties as are
established in, or reasonably implied from this article as are necessary
to achieve its stated purpose.
(2)
Enforcement officer. The authority for enforcing
this article is hereby conferred upon the Building Inspector or Code
Enforcement Officer of the Incorporated Village of Lattingtown or
their deputies, or such other persons as may be specified by the Board
of Trustees, and shall have the following powers and duties:
(a)
Apply the regulations, restrictions and standards
or other provisions of this article.
(b)
Explain to applicants the map which designates
the land and water areas subject to regulations and advise applicants
of the standards, restrictions and requirements of this article.
(c)
Transmit written notice of violations to property
owners or to other responsible persons.
(d)
Prepare and submit reports.
(e)
Perform compliance inspections.
(f)
Serve as the primary liaison with the New York
State Department of Environmental Conservation.
(g)
Keep official records of all permits, inspections,
inspection reports, recommendations, actions of the Coastal Erosion
Hazard Board of Review, and any other report or communication relative
to this article or request for information from the New York State
Department of Environmental Conservation.
(h)
Have, in addition, powers and duties as are
established in or reasonably implied from this article as are necessary
to achieve its stated purpose.
A.
Variances from standards and restrictions. Strict
application of the standards and restrictions of this article 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 activity's 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 Subsection A of this section. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant and must be done at a public hearing conducted by the Board of Review.
C.
Fees. Each variance request must be accompanied by the fee and deposits as required for a public hearing before the Board of Zoning Appeals as set forth in Chapter 145, Fees and Deposits of the Code of the Village of Lattingtown.
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.
E.
Coastal Erosion Hazard Board of Review. The Board
of Zoning Appeals of the Incorporated Village of Lattingtown is hereby
designated as the Coastal Erosion Hazard Board of Review and has the
authority to:
(1)
Conduct public hearings, approve, approve with
modification or deny requests for variances or other forms of relief
from the requirements of this article.
(2)
Hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination
made by the Board of Administration or enforcement officer in the
administration or enforcement of this article, including any order
requiring an alleged violator to stop, cease and desist.
F.
Appeal. The Coastal Erosion Hazard Board of Review
may, in conformity with the provisions of this article, reverse or
affirm, wholly or partly, or may modify the order, requirements, decision,
or determination of the Board of Administration or enforcement officer,
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 Village Clerk
within 30 days of the date of the adverse decision.
(2)
All appeals made to the Coastal Erosion Hazard
Board of Review must be in writing on the standard form prescribed
by the Board. The Board will transmit a copy of the appeal to the
Commissioner of the New York State Department of Environmental Conservation
for his information.
(3)
All appeals must refer to the specific provisions
of this article involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the appellant
claims.
G.
Appeal to the 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
Village may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
The provisions, regulations, procedures, and
standards of this article will be held to be the minimum requirements
necessary to carry out the purposes of this article.
The provisions of this article will take precedence
over any other laws, ordinances, or codes in effect in the Village
to the extent that the provisions of this article are more stringent
than such other laws, ordinances, or codes. A coastal erosion management
permit issued pursuant to this article does not relieve the permit
application from the responsibility of obtaining other permits or
approvals as may be necessary nor does it convey any rights or interest
in real property.
The provisions of this article are severable.
If any clause, sentence, paragraph, subdivision, section or part is
adjudged invalid by a court of competent jurisdiction, the effect
of such order or judgment does not affect or invalidate any other
provisions of this article or their application to other persons and
circumstances.
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 shall be required to submit information necessary
for compliance with SEQR in addition to information required under
this article.
A violation of this article is punishable by fines or imprisonment as set forth in Article XI, except that each day's continued violation of this Article XVI will constitute a separate additional violation. Nothing herein will prevent the proper local authorities of the Village from taking such other lawful actions or proceedings as may be necessary to restrain, correct, or abate any violation of this article.
A.
Procedure.
(1)
The Village legislative body may, on its motion,
or on recommendation from the Planning Board, amend, supplement or
repeal the provisions, regulations, procedures or standards of this
article.
(2)
When an amendment is duly proposed, the Village
legislative body must:
(a)
Notify the Commissioner of the New York State
Department of Environmental Conservation in writing of all proposed
amendments and request his advice as to whether such amendment is
subject to his approval, and if so, whether such amendment conforms
to the minimum standards of a certified program.
(b)
Issue public notice and conduct a hearing on
all proposed amendments. The Village legislative body, by resolution,
must cause notice of such hearing's time, date, and place to be published
in the official newspaper not less than five days prior to the date
of the hearing.
(c)
Refer to the proposed amendment at least 30
days prior to the public hearing, in writing to:
[1]
The Planning Board, Board of Zoning Appeals
and enforcement officer, unless initiated thereby, for review of the
amendment and a report to the Village legislative body of recommendations
thereon, including a full statement of reasons for such recommendations.
[2]
The County Planning Board for its review and
recommendations pursuant to Article 12-B, § 239, of the
New York State 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 article 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 Village 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 Article in the Village Clerk's
Minute Book and in the Recorded Book of Local Laws.
